Notice of HUD's Fiscal Year 2005 Notice of Funding Availability Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Programs, 13976-14383 [05-5041]

Download as PDF VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13977 EN21MR05.167</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 13978 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Youthbuild Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Youthbuild. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The OMB approval number for this program is 2506–0142. The Federal Register number for this NOFA is FR–4950–N– 04. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.243, Youthbuild Program F. Dates: The application submission date is on or before June 21, 2005. Please see the General Section of the SuperNOFA (the General Section) for application submission and receipt procedures. Please note that this year, all applications must be submitted electronically using https:// www.grants.gov, as described in Section IV.F of the General Section. G. Additional Overview Content Information: 1. Purpose of the Program. The purpose of the Youthbuild program is to assist disadvantaged young adults between the ages of 16 and 24 years of age in distressed communities to: (1) Complete their high school education; (2) provide on-site construction training experiences which result in the rehabilitation or construction of housing for homeless persons and low- and very low-income families; (3) foster leadership skills; (4) further opportunities for placement in apprenticeship programs; and (5) promote economic self-sufficiency for program participants. 2. Available Funds. Approximately $56,444,800 in appropriated funds and carry over is available for Fiscal Year (FY) 2005, plus any funds available through recapture, minus any amount needed to correct errors. 3. Eligible Applicants. Eligible applicants are public or private nonprofit organizations that include grassroots community-based organizations inclusive of faith-based organizations. For a definition of grassroots community based organizations see Secretarial Policy Priority D. Providing Full and Equal Access to Grassroots, Faith-Based and other Community-Based Organizations in HUD Program Implementation found in the General Section. Other eligible applicants include state or local housing agencies or authorities, state or units of local government, or any entity eligible to provide education and employment VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 training under other federal employment training programs, as further defined in HUD’s regulation at 24 CFR 585.4. 4. Match. None. If you are interested in applying for funding under this program, please carefully review the General Section and the following additional information. Full Text of Announcement I. Funding Opportunity Description A. Program Description. The purposes of the Youthbuild Program are to: 1. Provide economically disadvantaged young adults with opportunities to obtain an educational experience that will enhance their employment skills, as a means to achieving self-sufficiency; 2. Foster the development of leadership skills and commitment to community; 3. Expand the supply of permanent affordable housing for homeless and low- and very low-income persons by providing implementation grants for carrying out a Youthbuild program; 4. Provide disadvantaged young adults with meaningful on-site training experiences in housing construction and rehabilitation that will enable them to render a service to their communities by helping to meet the housing needs of homeless persons and low-income families; and 5. Give to the greatest extent possible, job training, employment, contracting, and other economic opportunities to low-income young adults. B. Desirable Elements of a Youthbuild Program. You should document the extent to which HUD’s initiatives are furthered by the proposed activities. Such initiatives include: 1. Providing increased homeownership and rental opportunities for low- and moderateincome persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency; 2. Improving our nation’s communities; 3. Encouraging accessible design features; 4. Providing full and equal access to grassroots faith-based and other community based organizations in HUD program implementation; and 5. Ending chronic homelessness. C. Definitions. The following definitions apply to the Youthbuild Program: Rural and Underserved areas are defined as follows: 1. Rural Area. A rural area is defined in one of five ways: PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 a. A non-urban place having fewer than 2,500 inhabitants (within or outside of metropolitan areas). b. A county or parish with an urban population of 20,000 inhabitants or fewer. c. Territory, including its persons and housing units, in rural portions of ‘‘extended cities.’’ The Census Bureau identifies the rural portions of extended cities. d. Open country, which is not part of or associated with an urban area. The United States Department of Agriculture (USDA) describes ‘‘open country’’ as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land or sparsely settled areas but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, and open space set aside for future development. e. Any place with a population not in excess of 20,000 and not located in a Metropolitan Statistical Area. 2. Underserved Area. An underserved area is defined as an area comprised of census tracts with the following economic distress criteria: a. A census tract where the unemployment remains high (50 percent or more above the nation’s unemployment rate) and b. A census tract where high rates of poverty (50 percent or more above the national average) persist. II. Award Information A. Available Funds. Approximately $56,444,800 in funding is made available for this FY 2005 Youthbuild NOFA, which includes any carry over from previous appropriated funds, plus any FY 2005 funds appropriated by Congress. See the General Section for funding amounts and available funds. B. Authority. This program is authorized under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as added by section 164 of the Housing and Community Development Act of 1992 (Pub. L. 102–550, 106 Stat. 3723, 42 U.S.C. 12899). The Youthbuild Program regulations are found in 24 CFR part 585. C. Funding Categories. HUD will award up to $56,444,800 on a competitive basis. Funds will be divided among three categories of grants as described below. In each fiscal year, the Secretary shall reserve five percent of the amounts available for technical assistance activities under this subtitle pursuant to section 402 to carry out subsections (b) and (c) (Subtitle D–Hope E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices for Youth: Section 458 (42 U.S.C. 12899g)). 1. Category 1 Grants. New Applicants. HUD will award up to $10,000,000 for new applicants that have not previously received implementation grants since the inception of the Youthbuild Program and that have elected not to apply under Category 2 or 3. The maximum amount that may be awarded to a successful applicant in this category is $400,000, for a period not to exceed 30 months. 2. Category 2 Grants. Grants up to $700,000. HUD will award up to $37,516,800 for grants up to $700,000 for a period not to exceed 30 months. The maximum amount that may be awarded to a successful applicant in this category is $700,000. Any eligible applicant can apply in Category 2. 3. Category 3 Grants. Underserved and Rural Areas. HUD will award approximately $8,928,000 for grants to organizations serving clients in underserved and rural areas as defined in this NOFA for a period not to exceed 30 months. The maximum amount that may be awarded to a successful applicant in this category is $400,000. 4. Selection of Category. Applicants must indicate in their project abstract which funding category they are applying for. For Category 3 applicants, you must designate which definition(s) under Section I.C. is (are) applicable. 5. Grant Period. You must expend funds awarded within 30 months of the effective date of the grant agreement. 6. Maximum Awards. Under the competition established by this Youthbuild program section of the SuperNOFA, the maximum award for a Youthbuild grant is $700,000 for Category 2 grants. The maximum amount of award for Categories 1 and 3 grants is $400,000. III. Eligibility Information A. Eligible Applicants. Eligible applicants are public or private nonprofit organizations which include grassroots community-based organizations inclusive of faith-based organizations. For a definition of grassroots community based organizations, see Secretarial Policy Priority D. Providing Full and Equal Access to Grassroots, Faith-Based and Other Community-Based Organizations in HUD Program Implementation found in the General Section. Other eligible applicants include state or local housing agencies or authorities, states or units of local government, or any entity eligible to provide education and employment training under other federal employment training programs as further defined in HUD’s regulation at 24 CFR 585.4. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 B. Cost Sharing or Matching. Under the Youthbuild program, there is no match required. Applicants that submit evidence of leveraging dollars under Rating Factor 4 ‘‘Leveraging Resources’’ will receive points under that Factor. C. Other. 1. Eligible Activities a. Work and activities associated with the acquisition, architectural and engineering work, rehabilitation or construction of housing, as defined in HUD’s regulations at 24 CFR 585.309, 585.310, and 585.311. b. Relocation payments and other assistance required to comply with HUD’s regulation at 24 CFR 585.308; c. Costs of ongoing training and technical assistance needs related to carrying out a Youthbuild program; d. Education, job training, counseling, employment, leadership development services, and optional activities that meet the needs of the participants including entrepreneurial training, driver education, apprenticeship opportunities, financial literacy, credit counseling, assistance programs for those with learning disabilities, and inhouse staff training; e. Outreach to potential participants; f. Wages, benefits, and need-based stipends for participants; and g. Administrative costs must not exceed 10 percent of the grant award. HUD encourages you to use grant funds for outreach, recruitment, training, and other services for the participants that facilitate program implementation. Please refer to HUD’s regulation at 24 CFR 585.305 for further details on eligible activities. 2. Threshold Requirements. All applicants must comply with the threshold requirements as defined in the General Section and the requirements listed below to receive an award. Applications that do not meet these requirements will be considered ineligible for funding and will be disqualified. a. Eligible Participants. Participants in a Youthbuild program must be very lowincome high school dropouts between the ages of 16 and 24, inclusive, at the time of enrollment. Up to 25 percent of participants may be above very lowincome, or may be high school graduates (or equivalent), but must have educational needs (such as lack of reading, writing, and communication skills) that justify their participation in the program. b. Youthbuild Program Components. Applications that receive assistance under this Youthbuild program section of the SuperNOFA must contain the three components described as follows: (1) Educational and job training services; PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 13979 (2) Leadership training, counseling, and other support activities; and (3) On-site training through actual housing rehabilitation and/or new construction work. (New construction may be subject to the accessible design and construction requirements of the Fair Housing Act [see the General Section], including the provision of alternative training experiences that are necessary as a reasonable accommodation for students with disabilities.) c. Identification of and Access to Property. Your application must identify the location of the site(s) or property(ies) (e.g., addresses, parcel numbers, etc.) that will be used for onsite construction. Your application MUST contain a letter from the property owner or property management company or companies allowing access to the housing site(s) for on-site construction training. HUD will deem as ineligible any application that fails to specifically identify the location of the on-site construction, including evidence of site access. Guidance on evidence of site access is as follows: (1) If the applicant or joint applicant has a contract or option to purchase the property, you should include a copy of the contract or option; and (2) If a third party owns the property or has a contract or option to purchase, that third party must provide a letter to you stating the nature of the ownership and specifically providing you with access to the property for the purposes of the program and the time frame in which the property will be available. In the case of a contract or option, include a copy of the document. d. Minimum Score. In order to be considered eligible for funding, your application must receive a minimum score of 75, including a minimum of 10 points in Factor 1. e. DUNS Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD and submit your application on line using https:// www.grants.gov. f. Civil Rights Threshold Requirement. Applicants must meet all of the applicable threshold requirements of Section III.C.2.c of the General Section regarding Fair Housing and Civil Rights laws, statutes, regulations and Executive orders and enumerated in 24 CFR 5.105(a). g. Potential Environmental Disqualification. HUD reserves the right to disqualify an application where one or more environmental thresholds are exceeded if HUD determines that it cannot conduct the environmental E:\FR\FM\21MRBK3.000 21MRBK3 13980 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices review and satisfactorily complete the review within the HUD application review period. (See 24 CFR 585.307.) Environmental thresholds are explained in Appendix A of this program section of the SuperNOFA. Complete form 2C13a, 2C13b, or 2C13c and form 2C15 only if you are proposing to use Youthbuild funds for new housing construction, rehabilitation, lease or acquisition. h. Consistency with Consolidated Plan. You must provide the required certification that the proposed activities are consistent with the HUD-approved Consolidated Plan in accordance with 24 CFR part 91. See the General Section regarding the Certification of Consistency with the Consolidated Plan requirement. i. If you have received a Youthbuild grant and it is greater than 24 months old and you have not drawn down at least 50 percent of the total HUD grant funds as of the application submission date for this NOFA, you will not be eligible to receive a FY 2005 Youthbuild grant. 3. Program Requirements. In addition to the program requirements listed below, applicants must comply with the program requirements in Section III.C of the General Section. a. Locational Limitations. You may submit more than one application in the current competition if your program’s participant recruitment and housing areas are in different jurisdictions. Each application you submit may only propose activities to carry out one Youthbuild program, i.e., to start a new Youthbuild program or to fund new classes of Youthbuild participants for an existing program. b. Site Selection. In determining the site or the location of a federally assisted facility, the applicant may not select sites that will exclude qualified persons with disabilities, or otherwise subject them to discrimination under the Youthbuild program. c. New Construction, Substantial Alterations,—Other Alterations. If the applicant undertakes to participate in New Construction, Substantial Alterations, or Other Alterations, it must conform to the accessibility standards outlined in the regulations implementing the Rehabilitation Act of VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 1973 at 24 CFR part 8, §§ 8.22, 8.23(a) and § 8.23(b). d. Training Requirement. Each program must be structured so that 50 percent of each participant’s time is spent in on-site training and the other 50 percent in educational training. e. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C. 1701u) is applicable to the Youthbuild program. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns which provide economic opportunities to lowand very low-income persons. The regulations may be found at 24 CFR part 135. f. Participation in Local Workforce Investment Act One-Stop Center. Youthbuild grantees are mandatory partners in one-stop centers authorized by the Workforce Investment Act of 1998 (Pub. L. 105–220). g. First time applicants. If you are a first-time applicant applying for funding under Category 1, you must have a graduating class of not more than 20 participants. h. Environmental Reviews. Environmental procedures apply to HUD approval of grants when you propose to use Youthbuild funds to cover any costs for the lease, acquisition, rehabilitation, or new construction of real property proposed for housing project development. Environmental procedures do not apply to HUD approval of your application when you propose to use your Youthbuild funds solely to cover costs for classroom and/or on-the-job construction training and support services. If you propose to use your Youthbuild funds to cover any costs of the lease, acquisition, rehabilitation, or new construction of real property, you must submit all relevant environmental information in your application to support HUD decisionmaking in accordance with the environmental procedures and standards set forth in HUD’s regulation at 24 CFR 585.307. PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 IV. Application and Submission Information: (See the General Section) A. Addresses to Request Application Package: There is no application kit for the FY2005 Youthbuild NOFA. This SuperNOFA clearly describes the requirements for completing a successful application and all forms and certifications needed to complete the application are included in the General and Youthbuild Sections of the SuperNOFA, which can be downloaded from https://www.Grants.gov/Apply. The Grants.gov web site contains the electronic forms and the NOFA which includes forms and other attachments. The NOFA and forms are contained in a zipped file found under instructions. You many call the Grants.gov Support Desk at 800–518–Grants or email the Support Desk at Support@Grants.gov for assistance in downloading the application and instructions. The Support Desk is open weekdays from 8 a.m. to 9 p.m. Eastern Time, except Federal holidays. B. Content and Form of Application Submission: Be sure to read the application submission instructions in the General Section and below carefully. 1. Response to NOFA Page Limitation. The total narrative response to all factors identified in Section V of this program NOFA must not exceed 15 single sided pages of text based on an 8.5 by 11 inch paper, using a standard 12 point font, with lines double-spaced. Please note that submitting pages in excess of the page limit will not disqualify your application. However, HUD will not review or consider the information on any excess pages. 2. Application Items. Your application must contain the items listed in this section below. These items include the standard forms, certifications, and assurances listed in the General Section that are applicable to this funding (collectively referred to as the ‘‘standard forms’’). The standard forms can be found in Appendix A to the General Section. The other items listed represent program specific forms or information needed to evaluate your application. General letters of support not associated with specific cash or inkind commitments have no bearing on the rating of the applications for any rating factor. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices What to submit Required content Required form or format Project abstract ........................................... Category applying for (if Category 3, specify which definition(s) under ‘‘rural and underserved’’ is(are) applicable); Amount of funds requested; Location of project, including census tract(s); Number of participants to be trained; Number of houses to be constructed; Number of houses to be rehabbed; Major partners. ................................................... ................................................... Application Survey on Ensuring Equal Opportunity for Applicants. Budget information ...................................... Rating Factors: Narrative addressing 5 rating factors. Non-Housing Program Resources and accompanying letters of commitment for non-housing program resources. Logic Model Form ....................................... Applicant/Recipient Disclosure/Update Form. Disclosure of Lobby Activities (if necessary). Certification of Consistency with RC/EZ/ EC–II Strategic Plan. Certification of Consistency with Consolidated Plan. Acknowledgment of Application Receipt .... Client Comments and Suggestions ............ Youthbuild Program Specific Forms/information (required for all applications) Exhibit 2C (Housing Site Description). Exhibit 2C10 (Individual Housing Project Site) Estimate. Accompanying letters of commitment to cover costs of lease, acquisition, rehabilitation or new construction of real property. Site Access Letter(s). Youthbuild Program Specific Forms (only if applicant proposes to use Youthbuild funds for lease, acquisition, rehabilitation, or new construction of real property). Exhibit 2C13a (Housing Project Certifications for Residential Rental Units. Exhibit 2C13b (Housing Project Certifications for Transitional Housing). Exhibit 2C13c (Housing Project Certifications for Homeownership). Exhibit 2C15 (Environmental Threshold Information for a Property Proposed for YB Funding). Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. Facsimile Transmittal .................................. C. Submission Dates and Times: The application submission date is June 21, 2005. Applications must be received by Grants.gov no later than 11:59:59 PM Eastern time on the application submission date. Applicants that have requested and received a waiver to the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 13981 When to submit it Application submission date. SF–424, SF–424 supplement. Total Youthbuild Grant Budget Described in Section V of this announcement. ................................................... Youthbuild Form 4A. Youthbuild Form 4B. ................................................... (Per required form) ................... HUD–96010. HUD–2880. ................................................... SF–LLL. ................................................... HUD–2990. ................................................... HUD–2991. ................................................... ................................................... ................................................... HUD–2993. HUD–2994. HUD–40211 .............................. Application submission date. ................................................... ................................................... Application submission date. ................................................... ................................................... Application submission date. ................................................... HUD–27300 .............................. Application submission date. To be used when submitting third party letters or other documents if you are unable to scan the documents and make them attachments to your electronic application. HUD–96011 .............................. On or before the application submission date. electronic application submission requirement must submit their application to the United States Postal Service no later than 11:59:59 PM on the application submission date. Please see the General Section for application PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 submission and timely receipt procedures. D. Intergovernmental Review. The Youthbuild is subject to Intergovernmental Review under Executive Order 12372, ‘‘Intergovernmental Review of Federal E:\FR\FM\21MRBK3.000 21MRBK3 13982 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Programs.’’ See the General Section for further discussion of the Executive Order and HUD’s implementing regulations. E. Funding Restrictions. Administrative costs must not exceed 10 percent of the grant award. V. Application Review Information The factors for rating and ranking applicants, and maximum points for each factor, are provided below. The maximum number of points for the program is 102. This includes two RC/ EZ/EC–II and USDA designated Round II EC bonus points, as described in the General Section. The minimum fundable score is 75, including a minimum of 10 points in Factor 1. A. Rating Factor 1. Capacity of the Applicant and Relevant Organizational Experience (20 points, minimum 10 points). This factor addresses the qualifications and experience of the applicant and participating parties to implement a successful young adult education training program in accordance with your work plan as further described in Factor 3. HUD will review and evaluate information provided documenting recent capability. Experience within the last 5 years will be considered recent. In addition, as described in the General Section, HUD will take into account the applicant’s past performance and may deduct points in this rating factor for previous inability to demonstrate performance. In reviewing this rating factor, HUD will evaluate the following sub-factors: 1. Team Member Composition and Experience (5 points). Your experience and the experience of your project director, core staff competencies including your day-to-day program manager, consultants, and contractors. You must demonstrate that your program manager has the background, experience, and capacity to implement all of the program components of the proposed work plan, as evidenced by recent work experience (within the last 5 years) in managing projects of the same or similar size, dollar amount, types of activities, and beneficiaries as those proposed in your work plan. If any gaps exist in your experience or organizational structure to carry out the program, describe how you will fill those gaps including the hiring of consultants or other outside parties. 2. Organizational Structure (5 points). The structure of your organization (include an organizational chart), management structure, including reporting relationships of key staff, a system for coordinating with outside contractors or third party service VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 providers, a mechanism for an internal and external auditing relationship, and an accounting system which meets federal accounting system requirements. You should provide a clear description of how your organizational structure will operate to carry out your work plan. 3. Achievement of Performance Outcomes (10 points). The objectives and accomplishments of your past experience in conducting similar activities. You must describe your past project objectives and accomplishments that are similar to those of your proposed work plan to show your effectiveness and timeliness in managing similar projects. If you have received similar grants including previous Youthbuild grants, you must describe the effectiveness of your administration, including timeliness and meeting performance results from performance reports. In addressing timeliness of reports, you must compare when your reports were due with when they were actually submitted. You must describe your achievements, including specific measurable outcome objectives: number of youths recruited, trained, and received GEDs; number of youths obtaining jobs (i.e., those that are a part of a career path or apprenticeship program); number of youths participating in apprenticeships and number of housing units rehabilitated or constructed and made available for lowand very low-income persons. Previously generated outcomes should include the following: (1) Percent entered employment or enrolled in education and/or training first quarter after program exit, (2) percent of participants that earned a diploma, GED, or certificate, (3) percent that have attained literacy and numeracy skills by participants, (4) annual cost per participant. Also, you must describe the extent to which you or participating partners have been successful in past education, training and employment programs and activities, including federally funded Youthbuild programs. In applying the rating criteria, HUD will take into consideration your performance (including meeting target dates and schedules) as reported. The more recent, relevant, and successful the experience of the proposed team members, organization and other participating entities in relation to the work plan, the greater the number of points that you will receive. For previous and existing Youthbuild grantees, applicants that can demonstrate a closer and greater linkage between the expected outcomes and the previously generated outcomes will receive a higher amount of points for this Factor. Applicants that have been PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 slow to draw their funds and therefore appear to be not making progress in completing their program activities, will receive lower rating points than applicants that have a pattern and practice of drawing funds in a timely manner consistent with timely progress in meeting program activity goals and objectives. B. Rating Factor 2: Need/Extent of the Problem (22 Points): This Factor addresses the extent to which there is need for funding the proposed activities based on levels of distress and an indication of the urgency of meeting the need/distress in the applicant’s target area. In responding to this Factor, applications will be evaluated on the extent to which the level of need for the proposed activity and the urgency in meeting the need are documented and compared to the target area and national data. 1. In applying this Factor, HUD will consider current levels of distress for the area (i.e., Census Tract(s) or Block Groups) immediately surrounding the project site or the target area to be served by the proposed project, and in the nation. This means that an application that provides data that show levels of distress in the target area expressed as a percent greater than the national average will be rated higher under this Factor. Notwithstanding the above, an applicant proposing a project to be located outside the target area could still receive points under the Distress Factor if a clear rationale and linkage is provided linking the proposed project location and the benefits to be derived by persons living in more distressed area(s) of the applicant’s target area. 2. Applicants should provide data that address indicators of distress, as follows: a. Poverty (5 points)—data should be provided in both absolute and percentage form (i.e., whole numbers and percentages) for the target area(s); an application that compares the local poverty rate in the following manner to the national average at the time of submission will receive points under this section as follows: (1) Less than the national average—0 points. (2) Equal to but less than twice the national average—1 points. (3) Twice but less than three times the national average—3 points. (4) Three or more times the national average—5 points. b. Unemployment (5 points)—for the project area; (1) Less than the national average—0 points. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (2) Equal to but less than twice the national average—1 point. (3) Twice but less than three times the national average—2 points. (4) Three but less than four times the national average—3 points. (5) Four but less than five times the national average—4 points. (6) Five or more times the national average—5 points. c. High School Dropouts (9 points)— for the project area; (1) Less than the national average—0 points. (2) Equal to but less than twice the national average—2 points. (3) Twice but less than three times the national average—4 points. (4) Three but less than four times the national average—6 points. (5) Four but less than five times the national average— 8 points. (6) Five or more times the national average—9 points. d. Concrete examples of social and/or economic decline that best capture the applicant’s local situation (3 points). Examples that could be provided under this section are information on the community’s stagnant or falling tax base, including recent commercial or industrial closings, housing conditions, such as the number and percentage of substandard and/or overcrowded units, rent burden (defined as average housing cost divided by average income) for the target area and urgency in addressing problems facing youth, local crime statistics, etc. 3. In rating applications under this Factor, HUD reserves the right to consider sources of available objective data, such as the U.S. Census, other than, or in addition to, those provided by applicants, and to compare such data to those provided by applicants and local crime statistics for the project site. HUD requires use of sound and reliable data (e.g., U.S. Census data, state statistical reports, university studies/reports that are verifiable) to support distress levels cited in each application. A source for all information along with the publication or origination date must also be provided. Updated Census data are available as follows for the listed indicators: a. Unemployment rate— estimated monthly, with a two-month lag; b. High School Dropout rate using the status rate-1999 data; c. Poverty rate—2000 Census data at the tract level. C. Rating Factor 3: Soundness of Approach (36 points): This Factor addresses the extent to which your proposed program is coordinated with other ongoing and related activities in the area you propose to serve and how VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 well your program outcomes result in increased independence and empowerment to your beneficiaries at the conclusion of the grant period. HUD will evaluate the extent to which your application meets the following three elements: 1. Coordination Elements: 5 points as distributed below. a. Coordination of activities (2 points). The extent to which you have coordinated your activities with other known organizations that are not directly in your proposed work activities, but with which you share common goals and objectives and are working toward meeting these objectives in a holistic and comprehensive manner. The goal of coordination is to ensure that programs do not operate in isolation. The more your activities are coordinated with other agencies in your service area, the more points you will receive. An example of coordination of activities would be the applicant’s partnership with an existing child day care facility (which is not funded by program) that provides day care services to the Youthbuild participants during the hours they are being trained or receiving education. b. Self-Sufficiency (1 point). Describe how your program will provide Youthbuild participants the ability to achieve: independent living, economic empowerment, educational opportunities, housing choice or an improved environment that is free from environmental hazards such as lead hazards, brownfields, overcrowded housing, etc. An applicant that addresses this subfactor will receive one point. c. Sustainability (2 points). For applicants that have not received a prior Youthbuild award, describe how your program will be financially selfsustaining by decreasing dependence on Youthbuild funding and relying more on state, local, and private funding so your activities can be continued after your grant award is complete. For previous Youthbuild grantees, describe how your program demonstrates a progression of reduced reliance on HUD’s Youthbuild funds, as either a reduced Youthbuild grant amount or increased overall program level with Youthbuild as a declining share of the total. 2. Youthbuild Program Work Plan: For each component, HUD will consider the overall quality and feasibility of your proposed work plan and budget that must be consistent with the Youthbuild program as measured by your specific activities and outcomes. You will receive a greater number of PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 13983 points if the program components are consistent with the purpose of the Youthbuild program and your project goals and the resources provided. Letters describing specific resources or services to be contributed by nonapplicant organizations must be included in your application. Specifically, HUD will consider the following categories when assessing your proposed work plan: a. Program Components. (15 points) (1) Outreach strategy, recruitment strategy, and selection activities. Points will be awarded based upon overall quality and feasibility of the outreach, recruitment and selection activities, the number and types of outreach activities, number of youths to be recruited including eligible participants who are harder to reach and comprehensiveness of the local selection process. In evaluating this category, HUD will consider your selection strategies and your specific outreach efforts to recruit or contact: (a) potential eligible participants who are unlikely to be aware of this program (because of race, color, national origin, religion, ethnicity, sex, or disability); (b) young women, young women with dependent children, and persons receiving public assistance; and (c) public agencies, courts, homeless shelters, local school systems, local workforce development systems, onestop centers and community-based organizations, etc. (2) Educational and job training services and activities. Points will be awarded based upon the qualifications of instructors and proposed wages and stipends for youth participants. In evaluating this category, HUD will consider: (a) The types of in-class academic and vocational instruction you will provide; (b) The number and qualifications of program instructors and ratio of instructors to participants; (c) Scheduling plan for classroom and on-the-job training needed to meet program requirements and ensure timely completion of your program; and (d) Reasonable payments to participants of wages, stipends, and incentives. Wages or stipends for on-site construction training must be at least federal minimum wage. (3) Leadership development. Points will be awarded based upon your proposed leadership curriculum, qualifications of instructors, and the impact of the proposed leadership activities on the target area. You must describe the leadership development training you will offer to participants and strategies for providing the training E:\FR\FM\21MRBK3.000 21MRBK3 13984 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices to build group cohesion and peer support. (4) Support services. You must assess the need for counseling and referral services during each stage of program implementation: outreach strategy, recruitment strategy, youths interviewed and not selected for the program, program participants, youths who drop out of the program, and graduates of the program. Describe how the participant needs will be addressed, document counseling and referral services to be offered to participants, the type of counseling, social services, and/or needbased stipends you will provide. (5) Follow-up assistance and support activities to program graduates. You must describe the type of proposed assistance and support which should be based upon an assessment of the needs of the program graduates and should include continued linkage to the local Youthbuild program, counseling, and social service referral services. (6) On-site training. Points will be awarded based upon the experience of proposed instructors, number of youth to be trained, and wages or stipends for participants. HUD will consider: (a) The housing construction or rehabilitation activities participants will undertake at the site(s) to be used for the on-site training component of the program as provided in the training curriculum and methodology for carrying out on-site training; (b) The qualification and number of on-site supervisors; (c) The ratio of trainers to participants; (d) The number of participants per site; and (e) The amounts, wages, and/or stipends you will pay to participants during on-site work. Amounts must be at least federal minimum wage. b. Strategy for Job Placement. (2 points). (1) For applicants that have not received a prior Youthbuild award. HUD will evaluate the quality and feasibility of your proposed strategy to place youth participants in permanent jobs. You will be rated on the following factors: (a) proposed number of youth to obtain jobs that promote economic selfsufficiency (i.e., those that are a part of career paths or apprenticeship programs); (b) proposed number of youths who will continue postsecondary or secondary education; and (c) proposed number of youths to receive entrepreneurship training. (2) For Youthbuild grantees who have grants that are at least 24 months old. In addition to the information in section V.C.2.b(1) above, provide the actual number of program participants that met VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 each criterion in section V.C.2.b(1)(a), V.C.2.b(1)(b) and V.C.2.b(1)(c) as a percent of the total program participants served. c. Housing Program Priority: (10 points). HUD will assign Housing Program Priority points to all applications that contain evidence that housing resources from other federal, state, local, or private sources are available and firmly committed to cover all costs, in full, for the following housing activities for the proposed Youthbuild program: acquisition, architect and engineering fees, construction, and rehabilitation. Forms 2C, Housing Site Description, and 2C10, Youthbuild Grant Individual Housing Project Site Estimate, must be completed to receive the Housing Program Priority points. Applications that do not include proper documentation of firm financial commitments of non-Youthbuild resources or propose to use Youthbuild grant funds, in whole or in part, or do not evidence site control, for any one of the housing activities listed above will not be entitled to housing program priority points. For an applicant to receive the housing program priority points, each letter of commitment to cover the costs of the above activities must include the following: (1) The organization’s name; (2) the applicant’s name; (3) the proposed program; (4) the proposed amount of commitment and which housing activity(ies) (i.e., acquisition, architect and engineering fees, construction, and rehabilitation) the commitment represent(s); (5) a signature by an official of the organization legally able to make commitments on behalf of the organization with a statement confirming that the authority remains in effect for a period stated in the commitment. (6) If the contribution is cash, the applicant, the applicant’s partner(s) or contributing entity must evidence its financial capability through a corporate or personal financial statement or other appropriate means. If any portion of the committed activity is to be financed through a lending institution, the participant must evidence the institution’s commitment to fund the commitment. (7) Affirm that its investment is contingent only upon receipt of FY2005 Youthbuild funds and state a willingness on the part of the signatory to sign a legally binding commitment not earlier than the date this NOFA is published and (conditioned on HUD’s environmental review and approval of a PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 property, where applicable) upon award of the grant. d. Policy Priorities: (4 points). Policy Priorities are further defined in the General Section. Applicants should document the extent HUD’s policy priorities are enhanced by the proposed activities. Applicants that include activities that can result in the achievement of these departmental policy priorities, as described in the General Section, will receive higher rating points in evaluating their application for funding. Three departmental policy priorities are listed below. Policy Priorities include: (1) Ending chronic homelessness (1 point); (2) Removal of regulatory barriers to affordable housing (up to 2 points) (see the General Section for further explanation). You must complete Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers and provide the requested documentation to receive points for this policy priority. See the General Section for a discussion of how points are allocated. (3) Participation in Energy Star (1 point). See the General Section for further explanation. Applicants must state how they incorporate this priority into their application in order to receive the one point. D. Rating Factor 4: Leveraging of Nonhousing Resources (10 Points). This Factor addresses the ability of the applicant to secure non-housing resources from its program partners. HUD will evaluate the extent to which firm commitments of resources are obtained from federal, state, local, private, and nonprofit sources. The applicant will receive points based upon the ratio of committed non-HUD resources for non-housing activities compared to the amount of Youthbuild funds requested in the application. (Exhibit 4B Non-Housing Program Resources must be completed and you must provide letters of firm commitment from the donor with the amount of cash or in-kind contribution). Applicants submitting letters of commitment without the Exhibit 4 completed, will not receive points for this Rating Factor. Each commitment described on Exhibit 4B for this Factor must have a firm commitment letter. In addition, the amount of the commitment in each letter must match the amount listed on the Form 4B. In assigning points for this criterion, HUD will consider the level of resources obtained for cash or in-kind contributions to cover the following kinds of areas: E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices • Social services (i.e., counseling and training); • Use of existing vocational, adult, and bilingual educational courses; • Donation of labor, resource personnel, supplies, teaching materials, classroom, and/or meeting space. 1. Firm commitment for non-housing resources. Each letter of commitment to cover the costs of the above activities must include the following: a. the organization’s name; b. the applicant’s name; c. the proposed program; d. the proposed amount of commitment and which non-housing activity(ies) the commitment represent(s); e. a signature by an official of the organization legally able to make commitments on behalf of the organization with a statement confirming that the authority remains in effect for a period stated in the commitment; f. an affirmation that its investment is contingent only upon receipt of FY2005 Youthbuild funds and a statement of willingness on the part of the signatory to sign a legally binding commitment not earlier than the date this NOFA is published. 2. Resources from other federal, state, local governments, or private entities. HUD encourages use of existing federal, state, local governments, or private and nonprofit housing programs as part of your Youthbuild program. In addition, HUD encourages use of other nonYouthbuild funds available for vocational, adult, and bilingual education programs, or for job training under the Workforce Investment Act and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (48 U.S.C. 1601 et seq.). E. Rating Factor 5: Achieving Results and Program Evaluation (12 Points). This factor emphasizes HUD’s commitment to ensuring that applicants keep promises made in their application to rigorously assess their performance and ensure performance goals are met. Achieving results means you, the applicant, have clearly identified the benefits, or outcomes of your program. Outcomes are ultimate goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Performance measurement requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to assess your performance. Performance indicators must be quantified and measure actual achievements against anticipated achievements. You should VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes. Applicants are required to address this factor as a narrative as well as complete the Logic Model form (see appendix to the General Section). This rating factor reflects HUD’s goal to embrace high standards of ethics, management and accountability. HUD’s evaluation of this rating factor will be based upon your Logic Model performance measures, results, and timeframes consistent with your program description, budget, resources, and program design. At a minimum, your Logic Model must include the following program outcomes: • Number of participants enrolled in the program; • Number of participants that graduate; • Number of housing units constructed; • Number of housing units rehabilitated; • Number and percent of GED’s or certificates attained by participants (for percentage calculation, numerator: the number of participants who attain a diploma, GED or certificate; denominator: those who are participating in the Youthbuild program). • Number and percent of graduates placed in employment or education (for percentage calculation, numerator: the number of participants who have entered employment or enrolled in post secondary education; denominator: the number of graduates from the Youthbuild program); and • Number and percentage of graduates who made literacy and numeracy gains (measures the increase in literacy and numeracy skills of participants through a common assessment tool administered at program registration and regular intervals thereafter); for percentage calculation, numerator: the number of Youthbuild program participants who increase one or more education functioning levels; denominator: the number of Youthbuild program participants who have completed a year in the program). • Efficiency or annual cost per participant (numerator: grant amount; denominator: number of Youthbuild participants.) An applicant should agree to cooperate with any HUD-approved evaluation by making staff available for interview, providing lists of participants and their contact information, and PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 13985 making available files under appropriate assurance of confidentiality of records. VI. Reviews and Selection Process A. Rating and Ranking 1. General. To review and rate applications, HUD may establish panels including officials from other federal agencies and outside experts or consultants to obtain certain expertise and other outside points of view. 2. Rating. All applications for funding will be evaluated against the rating factors described in Section V. of this NOFA. 3. Ranking. Applications will be ranked separately within each of the three funding categories. Applications will be selected for funding in accordance with their rank order in each category. 4. Eligibility for Selection. To be eligible for funding, an application must have an overall minimum score of 75 points, including a minimum score of 10 points in Factor 1. If two or more applications are rated fundable and have the same score, but there are insufficient funds to fund all of them, HUD will select the application(s) with the highest score for Rating Factor 3 (Soundness of Approach). If two or more applications still have the same score, the highest score in the following factors will be selected sequentially until one highest score can be determined: Rating Factor 1 (Capacity of the Applicant and Relevant Organization); Rating Factor 4 (Leveraging of Resources) and Rating Factor 2 (Need/Extent of the Problem). 5. Adjustments to Funding. HUD reserves the right to utilize this year’s funding to fund previous years’ errors prior to rating and ranking this year’s applications. Any available funds that remain after all applications within funding range have been selected or obligated will be reallocated between categories 1 and 2 by rank order between applications at the discretion of the selecting official or designee. Category 3 funds are appropriated as a set-aside, and can not be reallocated. 6. Corrections to Deficient Applications. The General Section provides the procedures for corrections to deficient applications. B. Anticipated Announcement and Award Dates. HUD anticipates making award announcements no later than four months after the application submission deadline date. VII. Award Administration Information A. Award Notices 1. Notification of Approval or Disapproval. HUD will notify you E:\FR\FM\21MRBK3.000 21MRBK3 13986 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices whether or not you have been selected for an award. If you are selected, HUD’s notice to you of the amount of the grant award based on the approved application will constitute HUD’s CONDITIONAL approval, subject to negotiation and execution of the grant agreement by HUD. 2. Application Debriefing. Applicants who wish to have a debriefing of their application must send a written or email request (see the General Section) to: Mr. Mark A. Horwath, Director; Youthbuild Program; Office of Economic Development; Office of Community Planning and Development; 451 Seventh Street, SW., Room 7149; Washington, DC 20410–7000 or e-mail address Mark_A._Horwath@hud.gov. Debriefing information can be found in the General Section of the SuperNOFA. B. Administrative and National Policy Requirements 1. Applicable OMB Circulars. Please refer to the General Section for information regarding applicable OMB Circulars. 2. Applicable Executive Orders and Statutes. Please note that Executive Order 13202 may apply to your program (see the General Section) and Section 6002 of the Solid Waste Disposal Act covering the procurement of recovered materials may also be applicable (see the General Section.) 3. Executive Order 13166, Improving Access To Services For Persons With Limited English Proficiency (LEP). Consistent with Executive Order 13166, ‘‘Improving Access to Services for Persons with Limited Proficiency (LEP),’’ issued on August 11, 2000, all HUD recipients should take reasonable steps to provide certain materials and information available in languages other than English. The determination as to what materials, languages, and modes of translation/interpretation services should be used shall be based upon: a. The specific needs and capabilities of the LEP populations among the award recipient’s program beneficiaries and potential beneficiaries of assistance (e.g. tenants, community residents, counselees, trainees, etc.) b. The recipient’s primary and major program purposes; c. Resources of the recipient and size of the program; and d. Local housing, demographic, and community conditions and needs. HUD’s LEP recipient Guidance has been published in the Federal Register on December 19, 2003 and further guidance may be found at https://www.lep.gov. 4. Reporting Requirements: a. Progress reports and Logic Model reporting. Youthbuild grantees are VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 required to submit progress reports to the appropriate HUD field office in accordance with 24 CFR Part 585.403, using HUD Form 40201. Should you receive a FY 2005 Youthbuild award, you will be required to update your Logic Model periodically, addressing the time schedule, accomplishments to date and results and submit it to HUD in conjunction within the timeframes established for the Youthbuild progress reports. b. Racial and Ethnic Data reporting. HUD requires that funded recipients collect racial data and ethnic beneficiary data. It has adopted the Office of Management and Budget’s Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use form HUD–27061, Racial and Ethnic Data Reporting Form (instructions for its use), found on https://www.HUDclips.org., a comparable program form, or a comparable electronic data system for this purpose. number 2506.0142. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 45 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. VIII. Agency Contact(s) For technical assistance in downloading an application package from Grants.gov/Apply, contact the Grants.gov help desk at 800–518–Grants or by sending an e-mail to support@grants.gov. For programmatic information concerning the HUD Youthbuild program, contact Ms. Phyllis Williams, Community Planning and Development Specialist; Office of Economic Development; Office of Community Planning and Development; U. S. Department of Housing and Urban Development; 451 Seventh Street, SW., Room 7149; Washington, DC 20410– 7000; telephone (202) 708–2035 (this is not a toll-free number). Persons with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800–877–8339. Prior to the application deadline, HUD’s staff will be available to provide general guidance on the application submission process and location of information, but not guidance in preparing your application. A. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of an application. For more information about the date and time of this broadcast, you should consult the HUD Web site at https://www.hud.gov. B. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control (Exhibit 2C(15)) PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 Appendix A Instructions for Completion of Youthbuild Environmental Requirements A. Instructions to Applicants 1. If you propose to use Youthbuild funds to cover any costs of the lease, acquisition, rehabilitation, or new construction or real property, you shall submit all relevant environmental information in your application to support HUD decisionmaking in accordance with the environmental procedures and standards described in 24 CFR 585.307. For each proposed Youthbuild property for which HUD environmental procedures apply, you are to prepare a separate Exhibit 2C(15) in which you supply HUD with environmental threshold information and letters from qualified data sources (see definition below) which support the information. HUD will review your submission and determine how, if necessary, HUD will comply with any federal laws and authorities that may be applicable to your property proposed for Youthbuild funding. If environmental procedures apply and Exhibit 2C(15) with supporting documentation is not included then the application will be deemed ineligible. You are to follow these instructions for preparing Exhibit 2C(15). The instructions advise you on how to obtain and document certain information to be supplied to HUD in this exhibit. Before selecting a property for Youthbuild funding, you should read these instructions and be advised that HUD encourages you to select, to the extent practicable, properties and locations that are free of environmental hazards and problems discussed in these instructions. The responses to the environmental criteria in Exhibit 2C(15) will be used to determine environmental approval or disapproval by HUD of proposals for physical development of properties. 2. After selecting a property for proposed Youthbuild funding, you are to determine the activities to be undertaken with your Youthbuild funds. You are to indicate in Section E whether the Youthbuild funds will be used for: E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices a. Lease or purchase of a property; b. Minor rehabilitation; c. Major rehabilitation; or d. New construction of housing. The activities proposed for Youthbuild funding will determine the kind of data that you will need to obtain from a qualified data source in order to complete Exhibit 2C(15). 3. Once you have selected a property and determined the activities for Youthbuild funding, you are advised to check with your city or county agency that administers HUD’s Community Development Block Grant program and performs environmental reviews, or the local planning agency. This course of action is recommended in view of the fact that most, if not all of the data needed for preparing Exhibit 2C(15) is readily available from the local community development agency and the local planning agency. You are advised to ask the environmental staff of those agencies the following questions: a. Has the agency ever prepared an environmental review of the proposed Youthbuild property or the neighborhood in which the property is located, and if so, would it provide a copy to the applicant for use by HUD; b. Would the agency assist you in completing section G; or if the agency is not able to help complete any item in section G, would the agency advise you which local or state agency is the appropriate qualified data source for obtaining the information. Also, you should check with the local planning agency before proceeding elsewhere for the information. You are advised that the cost of preparing information and analyses needed for Exhibit 2C(15) is an eligible cost under the Youthbuild program and is reimbursable if you are approved for a grant. 4. Key terms used in these instructions are defined in the following section. Most of the other terms are technical and their definition would be known to qualified data sources. a. Qualified data source means any federal, state, or local agency with expertise or experience in environmental protection (e.g., the local community development agency; the land planning agency; the state environmental protection agency; the State Historic Preservation Officer) or any other source qualified to provide reliable information on the particular subject. Please attach a letter supporting the information from each qualified data source to Exhibit 2C(15). b. Minor rehabilitation refers to proposed repairs and renovations to (1) A building for residential use (with one to four units): (a) Where the density is not increased beyond four units; (b) Where the land use is not changed; and (c) Where the footprint of the building is not increased in a floodplain or in a wetland; or (2) A multifamily residential building (with more than four units): (a) Where the unit density is not changed more than 20 percent; (b) Where the land use is not changed to non-residential; and (c) Where the estimated cost of rehabilitation is less than 75 percent of the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 total estimated cost of replacement after rehabilitation. c. Major rehabilitation refers to proposed repairs and renovations to: (1) An existing building for residential use with one to four units: (a) Where the density is increased beyond four units; (b) That involves changes in land use; or (c) Where the footprint of the building is increased in a floodplain or in a wetland. (2) An existing multifamily building (with five or more units): (a) Where the estimated cost of the work is 75 percent or more of the estimated cost of replacement after completion; (b) That involves changes in land use from residential to nonresidential, or from nonresidential to residential; or (c) That increases unit density by more than 20 percent. d. Multifamily housing means any residential building that contains five or more apartments or rooming units. e. Single family housing means any residential building that contains one-to-four dwelling units. Because each federal environmental law or authority has compliance requirements that differ according to the type of proposed activity to be funded, you are required to supply information in Exhibit 2C(15) only for the type of activity for which the Youthbuild grant will be used. f. If you propose new construction or major rehabilitation of multifamily housing or major rehabilitation of single family housing, you must supply complete and reliable environmental threshold information for items 1 through 13 in section G. g. If you propose new construction of single family housing, you must supply complete and reliable environmental threshold information for items 1 through 12 in section G. h. If you propose minor rehabilitation of multifamily or single family housing, or the purchase or lease of a property, you must supply complete and reliable environmental threshold information for items 1 through 7 in section G. 5. Applicants subject to HUD’s environmental procedures are to submit Exhibit 2C(15) and accompanying documentation to HUD with the applications for grant assistance. Such applicants are prohibited from committing or expending state, local, or other funds in order to undertake property rehabilitation, construction (including demolition), or acquisition (including lease), until HUD and the grantee execute a grant agreement for the proposed Youthbuild project. 6. HUD reserves the right to disqualify any application where one or more environmental thresholds are exceeded if HUD determines that the compliance review cannot be conducted and satisfactorily completed within the HUD review period for Youthbuild applications. B. Environmental Threshold and Documentation Requirements The threshold and documentation requirements for each of the federal environmental laws and authorities are PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 13987 described below, following the same order as they appear in section G. 1. Site Within Designated Coastal Barrier Resources Threshold: Youthbuild applicants are prohibited by federal law from using federal financial assistance for properties if the properties are located within designated coastal barriers of the Atlantic Ocean, Gulf of Mexico, and the Great Lakes (Coastal Barrier Resources Act, 16 U.S.C. 3501). * Documentation: You are to select either A or B for the condition that best describes the property and report the option selected in item 1 of section G. A. Your program operates in a community that does not contain any shores along the Atlantic Ocean, the Gulf of Mexico, or the Great Lakes. B. Your program operates in a community that does contain shores along the Atlantic Ocean, the Gulf of Mexico, or the Great Lakes. You must provide HUD with a finding made by a qualified data source stating that the proposed property is not located within a designated coastal barrier resource by citing the map panel number of the official maps issued by the Department of the Interior (DOI) on the basis of which the finding was made. 2. Site Contaminated With Toxic Chemicals and Radioactive Materials Threshold: Under HUD policy, as described in 24 CFR 50.3 (i), HUD will not approve the provision of financial assistance to residential properties on sites where contamination could affect the health and safety of occupants or conflict with the intended utilization of the property. Sites known or suspected to be contaminated by toxic chemicals or radioactive materials include, but are not limited to, sites: (i) listed on either an EPA Superfund National Priorities List (NPL) or CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) List, or equivalent state list; (ii) located within 3,000 feet of a hazardous or solid waste landfill site; or (iii) with an underground storage tank (which is not a residential fuel tank). * Documentation: You are to select either A or B for the condition that best describes property and report the option selected in item 2 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the proposed Youthbuild property and any neighboring properties do not contain any sites known or suspected to be contaminated with toxic chemicals and radioactive materials. B. You are providing any site contamination data by a qualified data source in your letter for HUD’s evaluation of contamination and/or suspicion of any contamination of a proposed property or any neighboring properties. 3. Site Affecting a Floodplain Threshold: A property located within a floodplain and proposed for funding is subject to Executive Order 11988, Floodplain Management. The Executive Order directs HUD to avoid, where practicable, proposed financial support for any floodplain property, E:\FR\FM\21MRBK3.000 21MRBK3 13988 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices whenever HUD has options to approve properties in flood-free locations. The Order does not apply to existing single family properties proposed for purchase or lease except for: (a) Property that is located within a floodway or coastal high hazard area; and (b) substantial improvement. Substantial improvement for flood hazard purposes means any property rehabilitation which: (i) increases the unit density of the property; or (ii) equals or exceeds 50 percent of the market value of the property before rehabilitation, but excluding the costs for correcting health, sanitary, and safety code violations. Note: Proposed funding for substantial improvement and new construction are subject to the Executive Order decisionmaking process. This may result in a disqualification of your application (refer above to number 7 under ‘‘Instructions to Applicants’’). * Documentation: You are to select A or B for the condition that best describes your property and report the option selected in item 3 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property is not located within the Special Flood Hazard Area (SFHA). B. You are providing HUD with a finding made by a qualified data source that the property is located within the Special Flood Hazard Area (SFHA) and indicating if the property is located within a floodway or coastal high hazard area. The information for A and B must provide HUD with the flood map panel number obtained either from the official maps issued for the National Flood Insurance Program or from the property appraisal report used to make the finding. For all proposed rehabilitation of properties that are located within a SFHA, you must provide HUD with estimates of: (1) the property value before rehabilitation, and (2) the cost of the proposed rehabilitation. Provide the estimates in section F. If the property is found to be located within a SFHA, proceed to item 4 on flood insurance protection. Otherwise proceed to item 5. 4. Building Requiring Flood Insurance Protection Threshold: HUD will estimate the amount and period of flood insurance coverage that is to be made a condition of approval of any HUD financial assistance for a building located within a Special Flood Hazard Area (SFHA). The Flood Disaster Protection Act of 1973 requires owners of HUD-assisted buildings to purchase and maintain flood insurance protection as a condition of approval of any HUD financial assistance for the proposed purchase, rehabilitation, or new construction of any SFHA building. The law prescribes the coverage period and dollar amount of flood insurance protection. Proof of Purchase of Flood Insurance Protection: You must provide HUD with proof of purchase of flood insurance protection for any proposed Youthbuild building located within the SFHA, whenever HUD funding is being used for property purchase, rehabilitation, or new construction. The standard documentation for compliance is the Policy Declarations form issued by the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 National Flood Insurance Program (NFIP) or issued by any property insurance company offering coverage under the NFIP. Whenever the requirement applies to coverage that extends to future years, the grant agreement will require that the insured have its insurer automatically forward to HUD, in the same manner as to the insured, an information copy of the Policy Declarations form, which is used to verify compliance. * Documentation: You are to select either A or B for the condition that best describes your property and report the option selected in item 4 of section G. A. You already own the property and attach a copy of the Policy Declarations form confirming that a current flood insurance policy is in effect and the policy provides adequate coverage for the building proposed for the Youthbuild project located within the Special Flood Hazard Area. B. After you have purchased (or constructed, in the case of proposed new construction) the Youthbuild property, you must obtain and maintain flood insurance protection. For the term and amount of coverage prescribed by law, you must provide HUD with a copy of the Policy Declarations form confirming that the flood insurance policy is in effect and the policy provides adequate coverage for the Youthbuild building located within the Special Flood Hazard Area. 5. Site Within Clear Zones or Accident Potential Zones of Airports and Airfields Threshold: HUD policy as described in 24 CFR part 51, subpart D applies to HUD approval of financial assistance to: (a) properties located within clear zones; and (b) in the case of new construction or major rehabilitation, properties located within accident potential zones. (a) Clear zones: New construction and major rehabilitation of a property that is located on a clear zone site is prohibited. HUD financial assistance in a clear zone is allowed only for the proposed lease, purchase, or minor rehabilitation of properties (24 CFR 51.302(a)). For HUD funding approval for any property in a clear zone: (a) HUD will give advance written notice to the prospective property buyer in accord with 24 CFR 51.303(a)(3); and (b) a copy of the HUD notice signed by the prospective property buyer will be placed in the property file. The written notice informs the prospective property buyer of: (i) the potential hazards from airplane accidents, which studies have shown more likely to occur within clear zones than in other areas around the airport/airfield; and (ii) the potential acquisition by airport or airfield operators, who may wish to buy the property at some future date as part of a clear zone acquisition program. (b) Accident potential zones: For properties located within the accident potential zone (APZ), HUD shall determine whether the use of the property is generally consistent with Department of Defense ‘‘Land Use Compatibility Guidelines for Accident Potential Zones.’’ * Documentation: You are to select either A or B for the condition that best describes your property and report the option selected in item 5 of section G. PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 A. The property is not located within 3,000 feet of a civil airport or military airfield. B. If your property is located within 3,000 feet of a civil airport or military airfield, you must provide HUD with a finding from the airport operator stating whether or not the property is located within a runway clear zone at a civil airport, or a clear zone or accident potential zone at a military airfield. For properties that are located within a runway clear zone or a clear zone or accident potential zone, if you propose to rehabilitate such a property you must provide HUD with estimates of: (i) the cost of the proposed rehabilitation, and (ii) the property value after completion of the rehabilitation. The estimates are to be provided in section F. 6. Site Is or Affects an Historic Property Threshold: Only if a property is proposed for rehabilitation or new construction must HUD in consultation with the State Historic Preservation Officer (SHPO), and following the Department of the Interior’s Standards and Guidelines for Evaluation, make a determination whether the property is: a. Listed on or formally determined to be eligible for listing on the National Register of Historic Places; b. Located within or directly adjacent to an historic district; or c. A property whose area of potential effects includes an historic district or property. Historic properties and districts are subject by law to special protection and historic preservation processing, which HUD must perform to comply with the regulations of the Advisory Council on Historic Preservation (ACHP: 36 CFR part 800). Note: If you are using information from the SHPO as a qualified data source you need to allow sufficient time to obtain the information from the SHPO. You may wish to make special arrangements with the SHPO for rapid review of the proposed property where this is practicable. In addition, for properties determined to be historic properties, HUD will require 30 to 90 days in most cases for HUD to perform historic preservation compliance with the ACHP regulations. This may result in a disqualification of the application (refer above to number 7 under ‘‘Instructions to Applicants’’). * Documentation: You are to select one of the following options that best describes the condition of your property and report the option selected in item 6 of section G. A. You propose financial assistance for rehabilitation or new construction, and are providing HUD with a SHPO’s finding that the proposed Youthbuild activity: 1. Is located within an area where there are no historic properties; or 2. Will have no effect on historic properties; or 3. Will have an effect on historic properties not considered adverse B. You propose financial assistance for rehabilitation or new construction, and are providing HUD with a SHPO’s finding that the proposed Youthbuild activity will have an adverse effect on historic properties. C. You are providing HUD with a copy of a letter from the SHPO stating any reason for not being able to provide you with the requested information and finding. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 7. Site Near Hazardous Industrial Operations Threshold: Properties that are located near hazardous industrial operations handling fuels or chemicals of an explosive or flammable nature are subject to HUD safety standards (24 CFR 51, subpart C). However, under the Youthbuild program, these standards would apply only if you propose: (a) Construction of a building; (b) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (c) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. In the case of tanks containing common liquid fuels, the requirement for an acceptable separation distance (ASD) calculation only applies to storage tanks that have a capacity of more than 100 gallons. * Documentation: You are to select one of the following options that best describes the condition of the property, and report the option selected in item 7 of section G. A. The proposed project does not include: (1) Construction of a building; (2) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. B. The proposed project includes: (1) Construction of a building; (2) conversion of a non-residential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units; and you are providing HUD with a finding by a qualified data source that the proposed property is not located within the immediate vicinity of hazardous industrial operations handling fuel or chemicals of an explosive or flammable nature by citing data used and the maps used. C. The applicant proposes: (1) Construction of a building; (2) conversion of a nonresidential land use to a residential land use including making habitable a building condemned for habitation; or (3) rehabilitation that increases the density of a residential structure by increasing the number of dwelling or rooming units. The grantee provides HUD a finding made by a qualified data source stating: (1) That the proposed property is located within the immediate vicinity of hazardous industrial operations handling fuel or chemicals of an explosive or flammable nature; (2) the type and scale of such hazardous industrial operations; (3) the distance of such operations from the proposed property; (4) a preliminary calculation of the acceptable separation distance (ASD) between such operations and the proposed property; and (5) a recommendation as to whether it is safe to use the property in accord with 24 CFR part 51, subpart C. 8. Site Near High Noise Source Threshold: For new construction that is to occur in high noise areas (i.e., exceeding 65 decibels), applicants shall incorporate noise attenuation features to the extent required by VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 HUD environmental criteria and standards contained in subpart B (Noise Abatement and Control) of 24 CFR part 51. Approvals in a Normally unacceptable noise zone require a minimum of 5 decibels additional sound attenuation for buildings having noisesensitive uses if the day-night average sound level is greater than 65 decibels but does not exceed 70 decibels, or a minimum of 10 decibels of additional sound attenuation if the day-night average sound level is greater than 70 decibels but does not exceed 75 decibels. Proposed housing sites with above 75 decibels are unacceptable and the noise attenuation measures require the approval of the Assistant Secretary for Community Planning and Development. In Unacceptable noise zones, HUD strongly encourages conversion of noise-exposed sites to nonhousing land uses compatible with the high noise levels. For major rehabilitation projects involving five or more dwelling units located in the ‘‘Normally Unacceptable’’ and ‘‘Unacceptable’’ noise zones, HUD actively seeks to have project sponsors incorporate noise attenuation features, given the extent and nature of the rehabilitation being undertaken and the level of exterior noise exposure. *Documentation: You are to select A or B for the condition that best describes their project and report the option selected in item 8 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property proposed by the applicant for a major rehabilitation or new construction project involving five or more dwelling units is not located within: (1) 1,000 feet of a major noise source, road, or highway; (2) 3,000 feet of a railroad; or (3) 1 mile of a civil or 5 miles of a military airfield. B. The applicant provides HUD with a finding made by a qualified data source: (1) stating that the plans for the property proposed by the applicant for a major rehabilitation or new construction project involving five or more dwelling units will incorporate noise attenuation features in accord with HUD environmental criteria and standards contained in subpart B (Noise Abatement and Control) of 24 CFR part 51; (2) stating whether the property is located within a ‘‘Normally Unacceptable’’ or ‘‘Unacceptable’’ noise zone; and (3) providing HUD plans and a statement of the anticipated interior noise levels. 9. Site Affecting Coastal Zone Management Threshold: Only for proposed activities involving new construction or major rehabilitation of multifamily housing does the Coastal Zone Management (CZM) authority apply. Projects that can affect the coastal zone must be carried out in a manner consistent with the approved state coastal zone management program under section 307 of the Coastal Zone Management Act of 1972, as amended. *Documentation: You are to select either A or B for the condition that best describes the project and report the option selected in item 9 of section G. PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 13989 A. You state that your project is not located within a coastal zone, as defined by the States Coastal Zone Management Plan. B. If your project is located within a coastal zone, you are providing HUD with a finding made by the state coastal zone management agency that the project proposed by the applicant is consistent with the approved state coastal zone management program. 10. Site Affecting a Sole Source Aquifer Threshold: The sole source aquifer authority applies primarily to activities involving proposed new construction or conversion to housing of non-residential property. Projects that can affect aquifers designated by the Environmental Protection Agency (EPA) must be reviewed for impact on such designated aquifer sources. The Safe Drinking Water Act of 1974 requires protection of drinking water systems that are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. *Documentation: You are to select either A or B for the condition that best describes the project and report the option selected in item 10 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the proposed property is not located on nor does it affect a sole source aquifer designated by EPA. B. If your project proposes new construction or conversion activities that are located on or may affect any sole source aquifer designated by the EPA, you are identifying the aquifer and providing HUD with an explanation of the effect on the aquifer from a qualified data source, and/or a copy of any comments on the proposed project that have been received from the EPA Regional Office as well as from any state or local agency with jurisdiction for protecting the drinking water system. 11. Site Affecting Endangered Species Threshold: The Endangered Species Protection (ESP) authority applies primarily to activities involving proposed new construction or conversion to housing of a non-residential property. Projects which can affect listed or proposed endangered or threatened species or critical habitats require consultation with the Department of the Interior or the Department of Commerce in compliance with the procedure of section 7 of the Endangered Species Act of 1973, as amended. *Documentation: You are to select either A or B for the condition that best describes the property and report the option selected in item 11 of section G. A. If your project proposes new construction or conversion activities, you are providing HUD with a finding made by a qualified data source that the project is not likely to affect any listed or proposed endangered or threatened species or critical habitat. The finding shall indicate whether the project is located within a critical habitat, and if so, explain why the project is not likely to affect the species or habitat. B. If your project proposes new construction or conversion activities that are likely to affect listed or proposed endangered E:\FR\FM\21MRBK3.000 21MRBK3 13990 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices or threatened species or critical habitat, you are providing HUD with a statement from a qualified data source explaining the likely effect, and/or a finding made by the Fish and Wildlife Service of the Department of the Interior or the National Marine Fisheries Service of the Department of Commerce stating as acceptable the proposed mitigation that you will provide to protect any affected endangered or threatened species or critical habitat. 12. Site Affecting a Designated Wetland Threshold: New construction or conversion to housing of a non-residential property located within a designated wetland is subject to Executive Order 11990, Protection of Wetlands. This Executive Order directs HUD to avoid, where practicable, financial support for new construction on wetland property. Note: Proposed funding for new construction or conversion is subject to the Executive Order decisionmaking process. This may result in a disqualification of the application (refer above to number 7 under ‘‘Instructions to Applicants’’). *Documentation: You are to select A or B for the condition that best describes the property and report the option selected in item 12 of section G. A. You are providing HUD with a finding made by a qualified data source stating that the property is not located within a designated wetland where new construction or conversion is proposed. B. You are providing HUD with a finding made by a qualified data source that the property is located within a designated wetland, which applies only to property VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 where new construction or conversion is proposed. The information for A and B must provide HUD with the wetland panel number obtained from official maps issued by the Department of the Interior on the basis of which the finding was made, or where the Department of the Interior has not mapped the area, a letter or other documentation from the Army Corps of Engineers, or other federal agency. 13. Significant Impact to the Human Environment. Threshold: HUD must perform an environmental assessment of any property proposed for either: a. Major rehabilitation of: (1) Multifamily residential buildings (with more than four units) that would: increase unit density by more than 20 percent, change the land use, or cost 75 percent or more of the total estimated cost of replacement after rehabilitation; or (2) Buildings for residential use (with one to four units) that would increase density beyond four units, change the land use, or increase the footprint of the building in a floodplain or in a wetland; b. New construction except for (A) an individual action on up to four dwelling units where there is a maximum of four units on any one site (The units can be four oneunit buildings or one four-unit building or any combination in between); and (B) an individual action on a project of five or more housing units developed on scattered sites, when the sites are more than 2,000 feet apart and there are not more than four housing PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 units on any one site. It is the policy of the Department to reject proposals that have significant adverse environmental impacts and to encourage the modification of projects in order to enhance environmental quality and minimize environmental harm. This policy is authorized by the National Environmental Policy Act (NEPA) and the implementing regulations of the Council on Environmental Quality and HUD’s Environmental regulations at 24 CFR part 50. *Documentation: You are to provide HUD with any information on any adverse environmental impacts that affect the property or that the project would create. You are to report these data on a separate sheet and attach it to Exhibit 2C(15). Examples of adverse impacts are: soil instability and erodibility; natural or personmade hazards and nuisances; air pollution; inadequate infrastructure (e.g., water supply, waste water treatment, storm water management, solid waste collection), inadequate public services (i.e., fire, police, health care, social services, schools, parks) and transportation; and encroachment on prime farmlands and wild and scenic river areas. You are to identify any significant impacts to the human environment. APPENDIX B The following non-standard forms are required for your Youthbuild application. The Youthbuild forms were approved under OMB Approval No. 2506–0142 (expiration 12/31/06). E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13991 EN21MR05.168</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.169</GPH> 13992 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13993 EN21MR05.170</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.171</GPH> 13994 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13995 EN21MR05.172</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.173</GPH> 13996 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13997 EN21MR05.174</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.175</GPH> 13998 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 13999 EN21MR05.176</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.177</GPH> 14000 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Housing Choice Voucher Family SelfSufficiency Program Coordinators Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Public Housing and Voucher Programs. B. Funding Opportunity Title: Housing Choice Voucher Family SelfSufficiency (FSS) Program Coordinators. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR–4950–N–17. The OMB approval number for this program is 2577–0178. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.871, Section 8 Housing Choice Vouchers. F. Dates: Application Deadline: The application submission date is May 20, 2005. Please see the General Section for application submission, delivery, and timely receipt requirements. G. Optional, Additional Overview Content Information: The purpose of the Housing Choice Voucher FSS program is to promote the development of local strategies to coordinate the use of assistance under the Housing Choice Voucher program with public and private resources to enable participating families to achieve economic independence and self-sufficiency. The FSS program and this FSS NOFA support the Department’s strategic goals of increasing homeownership activities and helping HUD-assisted renters make progress toward self-sufficiency. The FSS program provides critical tools that can be used by communities to support welfare reform and help families develop new skills that will lead to economic self-sufficiency. As a result of their participation in the FSS program, many families have achieved stable, well-paid employment, which has made it possible for them to become homeowners. An FSS program coordinator assures that program participants are linked to the supportive services they need to achieve selfsufficiency. Full Text of Announcement I. Funding Opportunity Description A. Authority and Program Description. The Consolidated Appropriations Act, 2005, allows funding for program coordinators under the Housing Choice Voucher FSS program. Through annual NOFAs, HUD has provided funding to public housing agencies (PHAs) that are operating Housing Choice Voucher FSS programs to enable those PHAs to employ program coordinators to support their VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Housing Choice Voucher FSS programs. In the Fiscal Year (FY) 2005 Housing Choice Voucher FSS Program Coordinator NOFA, HUD is again making funding available to PHAs to employ FSS program coordinators and FSS homeownership program coordinators for one year. Funding priority under this NOFA will be provided to applicants that demonstrate that their FSS families have made progress in moving to homeownership. HUD will accept applications from both new and renewal PHAs that have HUD approval to administer a Housing Choice Voucher FSS program. PHAs funded under the Housing Choice Voucher FSS NOFA in FY2004 are considered ‘‘renewal’’ PHAs in this NOFA. These renewal PHAs are invited to apply for funds to continue previously funded Housing Choice Voucher FSS program coordinator and FSS homeownership coordinator positions that they have filled. In addition, any renewal PHA that has demonstrated significant progress in expanding FSS homeownership opportunities may apply for an additional Housing Choice Voucher FSS homeownership coordinator to support Housing Choice Voucher FSS homeownership activities. For funding Category 1 of this NOFA only, eligible renewal PHA applicants include PHAs that received funding under the FY2003 FSS NOFA. Because of the importance of the FSS program in helping families increase earned income and develop assets, HUD will also accept applications from ‘‘new’’ PHAs, PHAs that do not qualify as renewal PHAs under this FSS NOFA. The maximum number of positions that a new applicant PHA, including new PHA joint applicants, may receive is one full-time FSS program coordinator. Preference in funding these ‘‘new’’ applicant PHAs will be given to applicants with documented home purchases by Housing Choice Voucher program participants and graduates. A definition of the Housing Choice Voucher Home Purchase Percentage that will be used for this preference is found in I.C.10 of this FSS NOFA. To support the Department’s initiatives on Colonias, a selection preference is again included in this NOFA for ‘‘new’’ applicant PHAs that provide services and support to rural under-served communities in the Southwest Border regions of Arizona, California, New Mexico, and Texas. See Section III.C.3.c. of this NOFA for requirements that must be met to qualify for the Colonias preference. PHAs are encouraged to outreach to persons with disabilities who are PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 14001 Housing Choice Voucher program participants and might be interested in participating in the FSS program and to include agencies on their FSS Program Coordinating Committee (PCC) that work with and provide services for families with disabilities. Applicants must administer the FSS program in accordance with HUD regulations and requirements in 24 CFR part 984 which govern the Housing Choice Voucher FSS Program and must comply with the existing Housing Choice Voucher program requirements, notices and guidebooks. B. Number of Positions for Which Eligible PHAs May Apply. Eligible PHAs may apply for funding for Housing Choice Voucher FSS program coordinator positions under this NOFA as follows: 1. Renewal PHAs. PHAs that qualify as eligible renewal PHAs under this NOFA, may apply for: a. Continuation of each FSS coordinator position, including homeownership coordinator positions, awarded under the Housing Choice Voucher FSS NOFA in FY2004 that has been filled by the PHA, and, for funding Category 1 of this NOFA only, continuation of eligible positions funded under the FY2003 FSS NOFA. b. New Position. Up to one additional full-time Housing Choice Voucher FSS homeownership program coordinator for renewal PHAs with qualifying homeownership programs. 2. New PHAs. A PHA that meets the requirements for a new PHA under this FSS NOFA, may apply for Housing Choice Voucher FSS program coordinator positions as follows: a) Up to one full-time Housing Choice Voucher FSS coordinator position for a PHA with HUD approval to administer a Housing Choice Voucher FSS program of 25 or more FSS slots. b) Up to one full-time Housing Choice Voucher FSS coordinator position per application for joint PHA applicants that together have HUD approval to administer a total of at least 25 Housing Choice Voucher FSS slots. C. Definitions. The following definitions apply to the funding available under this NOFA. 1. Renewal PHA Applicant. A PHA or PHAs that received funding under the Housing Choice Voucher FSS NOFA in FY2004. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in 2003. 2. New PHA Applicant. PHAs that did not receive funding under the Housing Choice Voucher FSS NOFA in FY2004 that have HUD approval to administer a Housing Choice Voucher FSS program E:\FR\FM\21MRBK3.000 21MRBK3 14002 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices of at least 25 slots or that fulfill the 25 slot minimum by applying jointly with one or more other PHAs. 3. FSS Program Size. The total number of Housing Choice Voucher FSS program slots identified in the PHA’s HUD-approved FSS Action Plan. The total may include both voluntary and mandatory Housing Choice Voucher FSS program slots. 4. Qualifying FSS Homeownership Program. Qualifying programs include the Housing Choice Voucher program homeownership option or other programs administered by the PHA or other entities that prepare Housing Choice Voucher program FSS participants for making the transition from renting to homeownership. 5. FSS Homeownership Percentage. A percentage that will be computed by HUD for the purpose of establishing the order of funding of eligible renewal applicants under this NOFA. It is the total number of an applicant’s Housing Choice Voucher FSS homeownership families as a percentage of the PHA’s Housing Choice Voucher FSS program participants. 6. Total Number of FSS Homeownership Families. The total number of Housing Choice Voucher FSS homeownership families enrolled in the applicant’s Qualifying Homeownership Programs as of the application due date of this NOFA, plus the number of its Housing Choice Voucher FSS graduates that moved to homeownership between October 1, 2000, and the application due date of this NOFA. Homeownership participation of families is reported to HUD on the FSS program coordinator application and on the form HUD– 50058. These numbers are subject to audit. 7. The Number of Housing Choice Voucher FSS Program Participants. The number that is used to calculate the FSS Homeownership Percentage of the applicant. It is the total number of families shown in HUD’s PIC data system as enrolled in the applicant’s Housing Choice Voucher FSS program on the application due date of this NOFA, plus the number of families that successfully completed their Housing Choice Voucher FSS contracts in the applicant’s program between October 1, 2000, and the application due date of this NOFA. 8. Percentage of Families with Positive FSS Escrow Balances. A percentage that will be computed by HUD and used to determine funding order under this NOFA. It is the number of Housing Choice Voucher FSS families with positive escrow balances as a percentage of Housing Choice Voucher FSS families with FSS progress reports submitted to VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 HUD on the Form HUD–50058. The data source is HUD’s PIC data system records of Form HUD–50058 Housing Choice Voucher FSS program progress reports that were effective between October 1, 2003, and the application due date of this NOFA. 9. Housing Choice Voucher Program Size. The number of Housing Choice Vouchers in a PHA’s voucher program as determined by HUD using baseline data. 10. Housing Choice Voucher Program Home Purchase Percentage. A percentage calculated for new applicant PHAs that are eligible for funding under Category 3 of this FSS NOFA. It is the number of documented home purchases by Housing Choice Voucher program participants and graduates for the period from October 1, 2000 through the application due date of this NOFA as a percentage of the applicant’s Housing Choice Voucher program size. II. Award Information A. Available Funds This NOFA announces the availability of approximately $45.6 million in FY2005 to employ FSS program and FSS homeownership coordinators for the Housing Choice Voucher FSS program. If additional funding becomes available during FY2005, HUD may increase the amount available for Housing Choice Voucher FSS Program coordinators and Housing Choice Voucher FSS homeownership coordinators under this NOFA. A maximum of $63,000 is available for each full-time coordinator position funded. Salaries are to be based on local comparables. The funding will be provided as a one-year Housing Choice Voucher funding increment under the PHA’s Annual Contributions Contract (ACC). HUD reserves the right to adjust funding for renewal positions in order to ensure a fair and reasonable distribution of funding. III. Eligibility Information A. Eligible Applicants. PHAs eligible to apply for funding under this NOFA are: 1. Renewal PHAs. Those PHAs that received funding under the Housing Choice Voucher FSS NOFA in FY2004. To continue to qualify as renewal PHAs, the FY2005 application of joint applicants must include at least one PHA applicant that meets this standard. Joint applicants can change the lead PHA in their FY2005 application. A PHA that was originally funded as part of a joint application, that wishes to now apply separately would continue to be considered a renewal PHA applicant PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 for funding purposes, but must be able to meet the FSS minimum program size requirement of a HUD-approved Housing Choice Voucher FSS program of at least 25 slots that applies to new applicant PHAs. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in 2003. 2. New PHAs. PHAs that were not funded under the Housing Choice Voucher FSS NOFA in FY2004. The new applicant PHA must be authorized through its HUD-approved FSS Action Plan to administer a Housing Choice Voucher FSS program of at least 25 slots, or be a PHA with HUD approval to administer Housing Choice Voucher FSS programs of fewer than 25 slots that applies jointly with one or more other PHAs so that together they have HUD approval to administer at least 25 Housing Choice Voucher FSS slots. Joint applicants must specify a lead coapplicant that will receive and administer the FSS program coordinator funding. 3. Moving to Work (MTW) PHAs. New and renewal PHAs that are under the MTW demonstration may qualify for funding under this NOFA if the PHA administers an FSS program. When determining the size of a MTW PHA’s HUD-approved FSS program, the PHA may request that the number of FSS slots reflected in the PHA’s MTW agreement be used instead of the number in the PHA’s FSS Action Plan. 4. Troubled PHAs. a. A PHA that has been designated by HUD as a troubled PHA under the Section 8 Management Assessment Program (SEMAP), or that has serious program management findings from Inspector General audits or serious outstanding HUD management review or Independent Public Accountant (IPA) audit findings for the PHA’s Housing Choice Voucher or Moderate Rehabilitation programs that are resolved prior to application due date is eligible to apply under this NOFA. Serious program management findings are those that would cast doubt on the capacity of the PHA to administer its Housing Choice Voucher FSS program in accordance with applicable HUD regulatory and statutory requirements. b. The requirements that apply to a PHA whose SEMAP troubled designation has not been removed by HUD or the major program management findings or other significant program compliance problems that have not been resolved by the due date are stated in Section III.C.3.e. of this NOFA. B. Cost Sharing or Matching. None required. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices C. Other. 1. Eligible Activities. Funds awarded to PHAs under this FSS NOFA may only be used to pay salaries and fringe benefits of Housing Choice Voucher FSS program staff. Funding may be used to employ or otherwise retain for one year the services of Housing Choice Voucher FSS program coordinators and Housing Choice Voucher FSS homeownership coordinators. FSS coordinator support positions funded under previous FSS NOFAs that made funding available for such FSS positions may be continued. A part-time program coordinator may be retained where appropriate. 2. Threshold Requirements. a. All Applicants. (1) Each applicant must qualify as an eligible PHA under Section III.A. of this NOFA and must have submitted their FSS application by the application due date and in the format required in Section IV. of this NOFA. (2) All applications must include a Dun and Bradstreet Universal Numbering System (DUNS) number. (See Section III.C. of the General Section for further information about the DUNS number requirement.) (3) Civil Rights Thresholds, Nondiscrimination, Affirmatively Furthering Fair Housing. All applicants must comply with these requirements. Please see Section III.C. of the General Section for details. Section 3 of the Housing and Urban Development Act of 1968 does not apply to this program. (4) The PHA must have a financial management system that meets federal standards. See Section III.C. of the General Section regarding those applicants that may be subject to HUD’s arranging for a pre-award survey of an applicant’s financial management system. (5) Applicants must comply with the requirements for funding competitions established by the HUD Reform Act of 1989 (42 U.S.C. 3531 et seq.) and other requirements as defined in the General Section. b. Renewal Applicants. (1) Continued funding for existing coordinator positions. In addition to meeting the requirements of Section III.A.of this FSS NOFA, renewal PHA applicants must continue to operate a Housing Choice Voucher FSS program, have filled eligible FSS program coordinator positions for which they are seeking renewal funding, executed FSS contracts of participation with Housing Choice Voucher FSS program families and submitted reports on participant families to HUD via the form HUD– 50058. (2) New position. Renewal PHAs applying for an additional Housing VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Choice Voucher FSS Homeownership Coordinator must meet all requirements in Section III.A. and III.C.2.a and b. above, and must administer or participate in a qualifying homeownership program that serves Housing Choice Voucher FSS program participants or graduates. Qualifying homeownership programs include the Housing Choice Voucher program homeownership option and other programs, which may be administer by the PHA or another entity, that prepare Housing Choice Voucher program FSS participants for making the transition from rental to homeownership. c. New Applicants. New applicants must meet the requirements of Section III.A. and Section III C.2.a of this FSS NOFA. 3. Program Requirements. a. Salary Comparables. For all positions requested under this NOFA, evidence of salary comparability to similar positions in the local jurisdiction must be kept on file in the PHA office. b. FSS Action Plan. The requirements for the FSS Action Plan are stated in 24 CFR 984.201. For a new PHA applicant to qualify for funding under this NOFA, the PHA’s initial FSS Action Plan or amendment to change the number of Housing Choice Voucher FSS slots in the PHA’s previously HUD-approved FSS Action Plan, must be submitted to and approved by the PHA’s local HUD field office prior to the application due date of this FSS NOFA. An FSS Action Plan can be updated by means of a simple one-page addendum that reflects the total number of Housing Choice Voucher FSS slots (voluntary and /or mandatory slots) the PHA intends to fill. New PHA applicants with previously approved Housing Choice Voucher FSS Action Plans may wish to confirm the number of HUD-approved slots their local HUD field office has on record for the PHA. A MTW PHA may request that the number of FSS slots reflected in its MTW agreement be used instead of the number of slots in the PHA’s FSS Action Plan. c. Colonias Preference. New applicant PHAs claiming the Colonias preference must meet the requirements of Section III.A. and Section III.C.2.a and III.C.2.c. of this FSS NOFA and must operate in a Southwest border area that contains Colonia communities and administer programs that include outreach to members of those Colonia communities. Attachment A of this NOFA provides a listing of PHAs in Arizona, California, New Mexico, and Texas that HUD has identified as operating in areas containing Colonia communities. PHAs not listed in Attachment A that are claiming the Colonias preference will be PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 14003 required to include in their application submission a written request that HUD determine their eligibility for the preference. d. Homeownership Preferences. See priority funding categories in Section V.B.2. of this FSS NOFA. e. Troubled PHAs. A PHA whose SEMAP troubled designation has not been removed by HUD or that has major program management findings or other significant program compliance problems that have not been resolved by the application due date, may apply if the PHA submits an application that designates another organization or entity that is acceptable to HUD that: (1) Includes an agreement by the other organization or entity to administer the FSS program on behalf of the PHA; and (2) In the instance of a PHA with unresolved major program management findings, includes a statement that outlines the steps the PHA is taking to resolve the program findings. Immediately after the publication of this NOFA, the Office of Public Housing in the local HUD field office will notify, in writing, those PHAs that have been designated by HUD as troubled under SEMAP, and those PHAs with unresolved major program management findings or other significant program compliance problems that are not eligible to apply without such an agreement. Concurrently, the local HUD field office will provide a copy of each such written notification to the Director of the Grants Management Center. f. Conducting Business in Accordance with Core Values and Ethical Standards. To reflect core values, all PHAs shall develop and maintain a written code of conduct in the PHA administrative plan that: (1) Requires compliance with the conflict of interest requirements of the Housing Choice Voucher Program at 24 CFR 982.161; and (2) Prohibits the solicitation or acceptance of gifts or gratuities, in excess of a nominal value, by any officer or employee of the PHA, or any contractor, subcontractor, or agent of the PHA. The PHA’s administrative plan shall state PHA policies concerning PHA administrative and disciplinary remedies for violation of the PHA code of conduct. The PHA shall inform all officers, employees, and agents of its organization of the PHA’s code of conduct. IV. Application and Submission Information A. Addresses to Request Application Package 1. Web site. A copy of this funding announcement for the Housing Choice E:\FR\FM\21MRBK3.000 21MRBK3 14004 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Voucher FSS Program may be downloaded from the following web site: https://www.grants.gov. 2. Application Kit. There is no application kit for this NOFA. This announcement contains all the information necessary for the submission of your application for Housing Choice Voucher FSS program coordinator funding. 3. Further Information. You may request general information, copies of the General Section and of a Program NOFA or NOFAs, from the NOFA Information Center (800–HUD–8929) or 800–HUD–2209 (TTY) between the hours of 10 a.m. and 6:30 p.m. (Eastern Time) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. The NOFA Information Center opens for business simultaneously with the publication of the SuperNOFA. You can also obtain information on this NOFA and download application information for this NOFA through the web site, https://www.grants.gov. 4. Technical Assistance. See Section VII. of this FSS funding announcement. B. Content and Form of Application Submission 1. Content of Application. Each new and renewal PHA must complete the form SF–424, the SF–LLL, if appropriate, and the Form HUD–52651, the new FSS application form. In addition, the application must include a completed Logic Model (from HUD 96010) showing proposed performance measures. See the General Section for information on, and a copy of, the Logic Model. A copy of the HUD–52651 follows immediately after Attachment A of this NOFA. In completing the SF– 424, renewal PHAs should select the continuation box on question 8, type of application. Both new and renewal PHA applicants should enter the proposed Annual Contributions Contract (ACC) amendment effective and ending dates for the FSS coordinator funding in 13 of the SF–424. In section 15 of SF–424, estimated funding, complete only 15.a., which will be the amount requested from HUD in the FY2005 FSS application, and 15.g., Total. 2. Forms, Certifications, and Assurances. See section IV.B. of the General Section. C. Submission Date and Time Your completed application must be submitted and received by Grants.gov no later than 11:59:59 p.m. eastern time on the application submission date of May 20, 2005. Applicants should carefully read the section titled VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 ‘‘APPLICATION and SUBMISSION INFORMATION’’ in part IV. of the General Section regarding HUD’s procedures pertinent to the submission of your application as they have changed significantly this year. D. Intergovernmental Review Applicants submitting applications under this funding announcement are not subject to intergovernmental review; i.e., Executive Order (EO) 12372, Intergovernmental Review of Federal Program. E. Funding Restrictions 1. Salary Cap. Awards under this NOFA are subject to a cap of $63,000 per year per full time coordinator position funded. Under this NOFA, if PHAs apply jointly, the $63,000 maximum amount that may be requested per position applies to up to one full time coordinator position for the application as a whole, not to each PHA separately. 2. Limitation on Renewal Funding Increases. For renewal coordinator positions, PHAs will be limited to a one percent increase above the amount of the most recent award for the position unless a higher increase is approved by the local HUD field office after review of the PHA’s written justification and at least three comparables that must be submitted to the field office by the PHA at the time they submit their FY2005 Housing Choice Voucher FSS Program Coordinator application to HUD. Examples of acceptable reasons for increases above one percent would be need for a coordinator with higher level of skills or to increase the hours of a part time coordinator to full time. Total positions funded cannot exceed the maximum number of positions for which the PHA is eligible under this NOFA. 3. Ineligible Activities. a. Funds under this NOFA may not be used to pay the salary of an FSS coordinator for a public housing FSS program. A Housing Choice Voucher FSS program coordinator may only serve Housing Choice Voucher families while the public housing FSS program serves only public housing residents. In FY2005, funding for public housing FSS program coordinators is being made available through the Public Housing Resident Opportunities and Self-Sufficiency (ROSS) NOFA for Public Housing FSS Program Coordinators that is included in the FY2005 SuperNOFA. b. Funds under this FSS NOFA may not be used to pay for services for FSS program participants. PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 F. Other Submission Requirements 1. Application Submission and Receipt Procedures. See IV.F of the General Section. Electronic application submission is mandatory unless an applicant requests, and is granted, a waiver to the requirement. Procedures for obtaining a waiver are contained in Section IV.F of the General Section. V. Application Review Information A. Criteria. The funds available under this NOFA are being awarded based on demonstrated performance. Applications are reviewed by the local HUD field office and GMC to determine whether or not they are technically adequate based on the NOFA requirements. Field offices will provide to the GMC in a timely manner, as requested, information needed by the GMC to make its determination, such as the HUD-approved Housing Choice Voucher FSS program size of new PHA applicants and information on the administrative capabilities of PHAs. Categories of applications that will not be funded are stated in Section V.B.6. of this FSS NOFA. B. Reviews and Selection Process. 1. Technically Acceptable Applications. All technically adequate applications will be funded to the extent funds are available. 2. Funding Priority Categories. If HUD receives applications for funding greater than the amount made available under this NOFA, HUD will divide eligible applications into priority categories as follows: Funding Category 1—Applications from eligible renewal PHAs with qualifying homeownership programs for continuation of previously funded eligible positions where the PHA has hired the funded FSS and homeownership coordinators and the PHA can demonstrate that a minimum of five (5) Housing Choice Voucher FSS program participants or graduates purchased homes between October 1, 2000 and the application due date of this FSS NOFA (that can be confirmed by homeownership information in the PIC data base from form HUD–50058) or as otherwise reported for Moving to Work (MTW) homeownership. For purposes of Category 1 applicants only, eligible renewal PHAs also include PHAs that received FSS funding in FY 2003. Funding Category 2—Eligible renewal PHAs with qualifying homeownership programs for continuation of previously funded eligible positions where the PHA has hired funded coordinators and completed one of the following: (a) As of the application due date of this FSS E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices NOFA, has successfully enrolled a minimum of twenty-five (25) Housing Choice Voucher FSS families into homeownership preparation activities, including homeownership counseling; or (b) Between October 1, 2000 and the application due date of this FSS NOFA, a minimum of one (1) Housing Choice Voucher FSS family completed purchase of a home as reported in the PIC data base or as otherwise reported for MTW homeownership closings. Funding Category 3—Applications from eligible new applicant PHAs that wish to initiate an FSS homeownership program that serves Housing Choice Voucher families. Those PHAs with documented home purchases by Housing Choice Voucher program participants and graduates and PHAs qualifying for the Colonias preference will receive preference. Funding Category 4—Applications from eligible renewal PHAs with qualifying homeownership programs that request funding for an additional Housing Choice Voucher FSS homeownership position to expand their FSS homeownership programs provided the applicant can document that a minimum of ten (10) Housing Choice Voucher FSS participants or graduates completed purchases of homes between October 1, 2000 and the application due date of this FSS NOFA. Funding Category 5—Applications from new applicant PHAs that have an existing Housing Choice Voucher FSS program and can demonstrate they have a minimum of ten (10) Housing Choice Voucher FSS families with existing positive escrow balances as of the application due date of the FSS NOFA or have had a minimum of 20 families that have graduated from the Housing Choice Voucher FSS program between October 1, 2000 and the application due date of this FSS NOFA. 3. Order of Funding. Starting with Funding Category 1, HUD will first determine whether there are sufficient monies to fund all eligible positions requested in the funding category. If available funding is not sufficient to fund all positions requested in the category, HUD will fund applications in the following order: (a) Funding Category 1. HUD will calculate for each eligible applicant, the PHA’s FSS Homeownership Percentage and Positive Escrow Percentage and will use these percentages in making funding decisions. Definitions and a description of the calculation of the FSS Homeownership Percentage and the Positive Escrow Percentage are included in Section I.C. of this NOFA. HUD will begin funding eligible Funding Category 1 applicants starting VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 with the PHAs with the highest FSS Homeownership Percentage first. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage, HUD will fund eligible applicants in order starting with those that have the highest Positive Escrow Percentage first. If funding is not sufficient to fund all applicants with the same FSS Homeownership Percentage and/or Positive Escrow Percentage, HUD will select among eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (b) Funding Category 2. If funding remains after funding all Funding Category 1 applications, HUD will then process eligible Funding Category 2 applications. HUD will calculate the FSS Homeownership Percentage and Positive Escrow Percentage for Funding Category 2 applicants as it did for Funding Category 1 applicants. If there are not sufficient monies to fund all Funding Category 2 applications, HUD will begin funding Funding Category 2 applications starting with applicants with the highest FSS Homeownership Percentage first. If there is not enough funding for all applicants with the same FSS Homeownership Percentage, HUD will use Positive Escrow Percentage to determine selection order, starting with applicants with the highest Positive Escrow Percentage. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage and Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (c) Funding Category 3. If funding remains after funding all Funding Category 1 and 2 applications, HUD will then process requests of eligible Funding Category 3 applicant PHAs. HUD will first calculate the Housing Choice Voucher Program Home Purchase Percentage for all eligible Funding Category 3 applicants. This percentage is the number of documented home purchases by Housing Choice Voucher program participants and graduates for the period from October 1, 2000 through the application due date of this NOFA as a percentage of the applicant’s Housing Voucher Program size. If there are not sufficient monies to fund all eligible positions requested, HUD will begin funding positions starting with PHAs eligible for the Colonias preference, starting with PHAs with the smallest Housing Choice Voucher program size first. If monies are still available, HUD PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 14005 will begin funding Category 3 applications from PHAs with the highest Housing Choice Voucher Program Home Purchase Percentage first. If there are not sufficient monies to fund all applications with the same percentage of documented home purchases, HUD will select eligible applicants in order by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (d) Funding Category 4. If funds remain after funding all Category 1 through 3 applicants have been funded, HUD will then process applications from eligible renewal applicants that have requested funding for an additional FSS coordinator position to support Housing Choice Voucher FSS homeownership activities. If there are not sufficient monies to fund all eligible positions requested, HUD will use the FSS Homeownership Percentage and the Positive Escrow Percentage that has been calculated for these PHAs and will begin funding eligible applications starting with applicants with the highest FSS Homeownership Percentage first. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage, HUD will use Positive Escrow Percentage to determine selection order, starting with applicants with the highest Positive Escrow Percentage. If monies are not sufficient to fund all applicants with the same FSS Homeownership Percentage and Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size starting with eligible applicants with the smallest Housing Choice Voucher program size first. (e) Funding Category 5. If funding remains after funding all Funding Category 1 through 4 applicants, HUD will then process applications from eligible Funding Category 5 applicants for an initial coordinator position. If there are not sufficient monies to fund all eligible Category 5 applicants, HUD will first fund applications from eligible Funding Category 5 applicants that qualify for the Colonias preference starting with the smallest Housing Choice Voucher programs first. If funding remains, HUD will calculate the Positive Escrow Percentage for all remaining Category 5 applications and will begin funding Category 5 applications starting with applicants with the highest Positive Escrow Percentage first. If monies are not sufficient to fund all applicants with the same Positive Escrow Percentage, HUD will select eligible applicants by Housing Choice Voucher program size E:\FR\FM\21MRBK3.000 21MRBK3 14006 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices starting with eligible applicants with the smallest Housing Choice Voucher program size first. (f) Remaining Funds. If any funding remains, HUD will calculate the FSS Homeownership Percentage and Positive Escrow Percentage for all remaining eligible applicants and will begin funding any remaining eligible applications starting with those with the highest FSS Homeownership Percentage first. If funding remains, HUD will then begin funding any remaining unfunded applications starting with those with the highest positive escrow percentage. 4. Based on the number of applications submitted, the GMC may elect not to process applications for a funding priority category where it is apparent that there are insufficient funds available to fund any applications within the priority category. 5. Corrections to Deficient Applications. a. The General Section of the NOFA provides the procedures for corrections to deficient applications. An example of a correctable technical deficiency includes, but is not limited to: submission of a Form SF–424 or FSS application Form HUD-52651 with missing information. 6. Unacceptable Applications. After the technical deficiency correction period (as provided in the General Section), the GMC will disapprove PHA applications that it determines are not acceptable for processing. Applications from PHAs that fall into any of the following categories are ineligible for funding under this NOFA and will not be processed: a. An application submitted by an entity that is not an eligible PHA as defined under Section III.A. and Section III.C. of this FSS NOFA or an application that does not comply with the requirements of Section IV.B. IV.C. and IV.F. of this FSS NOFA. b. An application from a PHA that does not meet the fair housing and civil rights compliance requirements of the General Section of the NOFA. c. An application from a PHA that does not comply with the prohibition against lobbying activities of this NOFA. d. An application from a PHA that as of the application due date has not made progress satisfactory to HUD in resolving serious outstanding Inspector General audit findings, or serious outstanding HUD management review or IPA audit findings for the Housing Choice Voucher program and/or Moderate Rehabilitation program or a ‘‘troubled’’ rating under SEMAP, and has not designated another organization acceptable to HUD to administer the FSS program on behalf of the PHA as VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 required in Section III.C.3.e. of this FSS NOFA. e. An application from a PHA that has been debarred or otherwise disqualified from providing assistance under the program. f. An application that did not meet the application due date and timely receipt requirements as specified in this NOFA and the General Section. g. Applications will not be funded which do not meet the Threshold requirements identified in this NOFA and the General Section. C. Anticipated Announcement and Award Dates. It is anticipated the announcement of Housing Choice Voucher FSS program coordinator awards will take place during either the months of July or August 2005. VI. Award Administration Information A. Award Notices. Successful applicants will receive an award letter from HUD. Funding will be provided to successful applicants as an amendment to the Annual Contributions Contract (ACC) of the applicant PHA. In the case of awards to joint applicants, the funding will be provided as an amendment to the ACC of the lead PHA that was identified in the application. Unsuccessful applicants will receive a notification of rejection letter from that GMC that will state the basis for the decision. The applicant may request an applicant debriefing. Beginning not less than 30 days after the awards for assistance are publicly announced in the Federal Register and for at least 120 days after awards for assistance are announced publicly, HUD will, upon receiving a written request, provide a debriefing to the requesting applicant. (See Section VI.A. of the General Section for additional information regarding a debriefing.) Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director; Grants Management Center; U. S. Department of Housing and Urban Development, 501 School Street, SW., Suite 800; Washington, DC 20024. B. Administrative and National Policy Requirements. 1. Environmental Impact. No environmental review is required in connection with the award of assistance under this NOFA, because the NOFA only provides funds for employing a coordinator that provides public and supportive services, which are categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance actions for related environmental authorities under 24 CFR 50.19(b)(4) and (12). PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 2. HUD’s Strategic Goals. HUD is committed to ensuring that programs result in the achievement of HUD’s strategic mission. The FSS program and this FSS NOFA support the Department’s strategic goals of increasing homeownership activities and helping HUD-assisted renters make progress toward self-sufficiency by giving funding preference to PHAs whose FSS programs show success in moving families to self-sufficiency and homeownership. You can find out about HUD’s Strategic Framework and Annual Performance Plan at https:// www.hud.gov/offices/cfo/reports/ cforept.cfm. 3. HUD Policy Priorities. This NOFA supports the HUD policy priority of providing increased homeownership opportunities to program participants. In this NOFA, funding priority is given to those PHA applicants that demonstrate that their FSS families have participated in homeownership programs. See Section V.B. of the General Section for a full discussion of HUD’s policy priorities. C. Reporting. Successful applicants must report activities of their FSS enrollment, progress and exit activities of their FSS program participants through required submissions of the Form HUD–50058. HUD’s assessment of the accomplishments of the FSS programs of PHAs funded under this NOFA will be based primarily on Public Housing Information Center (PIC) system data obtained from the Form HUD–50058. MTW PHAs that do not report to HUD on the Form HUD–50058 will be asked to submit an annual report to HUD with the same information on FSS program activities that is provided to HUD by non-MTW PHAs via the Form HUD–50058. An applicant is also required to submit a completed Logic Model showing accomplishments against proposed outputs and outcomes as part of their annual reporting requirement to HUD. In addition, HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget’s Standards for the Collection of Racial and Ethnic Data. In view of these requirements, funded recipients should use Form HUD–27061, Racial and Ethnic Data Reporting Form (found on https://www.HUDclips.org), a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contacts A. For Technical Assistance. For answers to your questions, you may contact the Public and Indian Housing Resource Center at 800–955–2232. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Persons with hearing or speech impairments may access this number via TTY (text telephone) by calling the Federal Information Relay Service at 800–877–8339. (These are toll-free numbers). Prior to the application deadline, staff at the numbers given above will be available to provide general guidance, but not guidance in actually preparing the application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. B. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 the Housing Choice Voucher FSS program and preparation of an application. For more information about the date and time of this broadcast, you should consult the HUD web site at https://www.hud.gov. VIII. Other Information A. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2577–0178. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 14007 of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average one hour per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application and other required reporting. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. Public Access, Documentation, and Disclosure. See Section VIII. F. of the General Section. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.178</GPH> 14008 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14009 EN21MR05.179</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.180</GPH> 14010 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14011 EN21MR05.181</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.182</GPH> 14012 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Rural Housing and Economic Development Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Community Planning and Development, Office of Rural Housing and Economic Development. B. Funding Opportunity Title: Rural Housing and Economic Development (RHED) program. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number is FR–4950-N– 34. The OMB approval number is 2506– 0169. E. Catalog of Federal Domestic Assistance (CFDA) Number: Rural Housing and Economic Development. The CDFA number is 14.250. F. Application Due Date: The application submission date is May 17, 2005. G. Optional Additional Overview Information: 1. The purpose of the Rural Housing and Economic Development program is to build capacity at the state and local level for rural housing and economic development and to support innovative housing and economic development activities in rural areas. The funds made available under this program will be awarded competitively through a selection process conducted by HUD in accordance with the HUD Reform Act. Full Text of Announcement I. Funding Opportunity Description A. Background There has been a growing national recognition of the need to enhance the capacity of local rural nonprofit organizations, community development corporations, federally recognized Indian tribes, state housing finance agencies (HFAs) and state economic development and community development agencies to expand the supply of affordable housing and to engage in economic development activities in rural areas. A number of resources are available from the federal government to address these problems, including programs of the United States Department of Agriculture (USDA), the Economic Development Administration (EDA), the Appalachian Regional Commission (ARC), the Department of Interior (for Indian tribes), and HUD. The Rural Housing and Economic Development program was developed to supplement these resources and to focus specifically on capacity building and promoting innovative approaches to housing and economic development in VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 rural areas. In administering these funds, HUD encourages you to coordinate your activities with those supported by any of the agencies listed above. B. Definitions 1. Appalachia’s Distressed Counties means those counties in Appalachia that the Appalachian Regional Commission (ARC) has determined to have unemployment and poverty rates that are 150 percent of the respective U.S. rates and a per capita income that is less than 67 percent of the U.S. per capita income, and have counties with 200 percent of the U.S. poverty rate and one other indicator, such as the percentage of overcrowded housing. Refer to www.arc.gov for a list of ARC distressed counties and more information. 2. Colonia means any identifiable, rural community that: a. Is located in the state of Arizona, California, New Mexico, or Texas; b. Is within 150 miles of the border between the U.S. and Mexico; and c. Is determined to be a Colonia on the basis of objective need criteria, including a lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, sanitary, and accessible housing. 3. Farm Worker means a farm employee of an owner, tenant, labor contractor, or other operator raising or harvesting agricultural or aquacultural commodities; or a worker in the employment of a farm operator, handling, planting, drying, packing, grading, storing, delivering to storage or market, or carrying to market agricultural or aquacultural commodities produced by the operator. Seasonal farm workers are those farm employees who typically do not have a constant year-round salary. 4. Firm Commitment means a letter of commitment from a partner by which an applicant’s partner agrees to perform an activity specified in the application, demonstrates the financial capacity to deliver the resources necessary to carry out the activity and commits the resources to the activity, either in cash or through in-kind contributions. It is irrevocable, subject only to approval and receipt of a FY2005 Rural Housing and Economic Development grant. Each letter of commitment must include the organization’s name and applicant’s name, reference the Rural Housing and Economic Development program, and describe the proposed total level of commitment and responsibilities, expressed in dollar value for cash or inkind contributions, as they relate to the proposed program. The commitment must be written on the letterhead of the PO 00000 Frm 00039 Fmt 4701 Sfmt 4703 14013 participating organization, must be signed by an official of the organization legally able to make commitments on behalf of the organization, and must be dated no earlier than the date of publication of this NOFA. In documenting a firm commitment, the applicant’s partner must: a. Specify the authority by which the commitment is made, the amount of the commitment, the proposed use of funds, and the relationship of the commitment to the proposed investment. If the committed activity is to be selffinanced, the applicant’s partner must demonstrate its financial capability through a corporate or personal financial statement or other appropriate means. If any portion of the activity is to be financed through a lending institution, the participant must provide evidence of the institution’s commitment to fund the loan; b. Affirm that the firm commitment is contingent only upon the receipt of FY2005 Rural Housing and Economic Development funds and state a willingness on the part of the signatory to sign a legally binding agreement (conditioned upon HUD’s environmental review and approval of a property where applicable) upon award of the grant. 5. Federally Recognized Indian tribe means any tribal entity eligible to apply for funding and services from the Bureau of Indian Affairs by virtue of its status as an Indian tribe. The list of federally recognized Indian tribes can be found in the notice published by the Department of the Interior on December 5, 2003 (68 FR 68180) and is also available from HUD. 6. Innovative Housing Activities means projects, techniques, methods, combinations of assistance, construction materials, energy efficiency improvements, or financing institutions or sources new to the eligible area or to its population. The innovative activities can also build upon and enhance a model that already exists. 7. Local Rural Nonprofit Organization or Community Development Corporation means either of the following: a. Any private entity with tax-exempt status recognized by the Internal Revenue Service (IRS) which serves the eligible rural area identified in the application (including a local affiliate of a national organization that provides technical and capacity building assistance in rural areas); or b. Any public nonprofit entity such as a Council of Governments that will serve specific local nonprofit organizations in the eligible area. E:\FR\FM\21MRBK3.000 21MRBK3 14014 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 8. Lower Mississippi Delta Region means the eight-state, 240-county/parish region defined by Congress in the Lower Mississippi Delta Development Act, Public Law 100–460. Refer to www.dra.gov for more information. 9. Eligible Rural Area means one of the following: a. A non-urban place having fewer than 2,500 inhabitants (within or outside of metropolitan areas). b. A county or parish with an urban population of 20,000 inhabitants or less. c. Territory, including its persons and housing units, in the rural portions of ‘‘extended cities.’’ The U.S. Census Bureau identifies the rural portions of extended cities. d. Open country that is not part of or associated with an urban area. The USDA describes ‘‘open country’’ as a site separated by open space from any adjacent densely populated urban area. Open space includes undeveloped land, agricultural land, or sparsely settled areas, but does not include physical barriers (such as rivers and canals), public parks, commercial and industrial developments, small areas reserved for recreational purposes, or open space set aside for future development. e. Any place with a population not in excess of 20,000 and not located in a Metropolitan Statistical Area. 10. State Community and/or Economic Development Agency means any state agency that has promotion of economic development statewide or in a local community as its primary purpose. 11. State Housing Finance Agency means any state agency created to assist local communities and housing providers with financing assistance for development of housing in rural areas, particularly for low- and moderateincome people. II. Award Information A. Amount Allocated 1. Available Funds. Approximately $24 million in Fiscal Year (FY) 2005 funding (plus any additional funds available through recapture) are being made available through this NOFA. 2. Funding Categories and Maximum Award Amounts. HUD will award up to approximately $24 million on a competitive basis in the following funding categories. Applicants must apply for funds in only one of the two categories: Category 1—Capacity Building, or Category 2—Support for Innovative Housing and Economic Development Activities. a. Category 1: Capacity Building. HUD will award up to approximately $10 million to applicants for capacity VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 building activities. This amount will go directly to local rural nonprofit organizations or community development corporations or federally recognized Indian tribes to increase an organization’s capacity to support innovative housing and economic development activities. The maximum amount awarded to a successful applicant in this category will be $150,000. b. Category 2: Support for Innovative Housing and Economic Development Activities. HUD will award up to approximately $14 million to federally recognized Indian tribes, state housing finance agencies (HFAs), state community and/or economic development agencies, local rural nonprofit organizations or community development corporations to support innovative housing and economic development activities in rural areas throughout the nation. The maximum amount awarded to a successful applicant in this category will be $400,000. B. Grant Amount In the event, you, the applicant, are awarded a grant that has been reduced (e.g., the application contained some activities that were ineligible or budget information did not support the request), you will be required to modify your project plans and application to conform to the terms of HUD’s approval before execution of the grant agreement. HUD reserves the right to reduce or de-obligate the award if suitable modifications to the proposed project are not submitted by the awardee within 90 days of the request. Any modifications must be within the scope of the original application. HUD reserves the right to not make awards under this NOFA. C. Grant Period Recipients will have 36 months from the date of the executed grant agreement to complete all project activities. D. Notification of Approval or Disapproval HUD will notify you whether or not you have been selected for an award. If you are selected, HUD’s notice to you concerning the amount of the grant award (based on the approved application) will constitute HUD’s conditional approval, subject to negotiation and execution of a grant agreement by HUD. III. Eligibility Information A. Eligible Applicants Eligible applicants for the Rural Housing and Economic Development PO 00000 Frm 00040 Fmt 4701 Sfmt 4703 program are local rural nonprofit organizations and community development corporations, federally recognized Indian tribes, state housing finance agencies and state community and/or economic development agencies. Also, you must meet all of the applicable eligibility requirements described in Section III.C of the General Section. Eligible applicants for each of the funding categories are as follows: 1. For Capacity Building Funding. If you are a local rural nonprofit, including grassroots, faith-based and other community-based grassroots organization, community development corporation, or federally recognized Indian tribe, you are eligible for capacity building funding to carry out innovative housing and economic development activities that should lead to an applicant becoming self-sustaining in the future. 2. For Support for Innovative Housing and Economic Development Activities Funding. If you are a local rural nonprofit organizations, including grassroots, faith-based and other community-based grassroots organization, community development corporation, federally recognized Indian tribe, state HFA, or state economic development or community development agency, you may apply for funding to support innovative housing and economic development activities in rural areas. B. Cost Sharing or Matching There is no match required under the Rural Housing and Economic Development program. Applicants that submit evidence of leveraging dollars under Rating Factor 4 ‘‘Leveraging Resources’’ will receive points according to the scale under that factor. C. Other 1. Eligible Activities. The following are examples of eligible activities under the Rural Housing and Economic Development program. These examples are illustrative and are not meant to limit the activities that you may propose in your application: a. For Capacity Building Funding. Capacity building for innovative Rural Housing and Economic Development involves the enhancement of existing organizations to carry out new functions or to perform existing functions more effectively. Permissible activities include, but are not limited to, the following: (1) Enhancement of existing functions or creation of new functions to provide affordable housing and economic development in rural areas; E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (2) Acquisition of additional space and support facilities; (3) Salaries for additional staff needed to conduct the work, including financial management specialists, and economic development specialists; (4) Training of staff in the areas of financial management, economic development financing, housing accessibility and visitability standards, fair housing issues, and complaint filing; (5) Development of business plans to help the organization become selfsustaining; (6) Development of Management Information Systems (MISs) and software to enable better and more accurate reporting of information to HUD and to other entities; (7) Development of feasibility studies and market studies; (8) Training in energy efficiency in construction for housing and commercial projects; (9) Housing counseling services, including fair housing counseling, information on budgeting, and information on credit and available federal programs; (10) Conducting conferences or meetings with other federal or state agencies to inform residents of programs, rights, and responsibilities associated with homebuying opportunities; and (11) Arranging for technical assistance to conduct needs assessments, conduct asset inventories, and develop strategic plans. b. For Support of Innovative Housing and Economic Development Activities. This category is intended to support other costs for innovative housing and economic development activities. Permissible activities may include, but are not limited to the following: (1) Cost of using new or innovative construction, energy efficiency, or other techniques that will result in the design or construction of innovative housing and economic development projects; (2) Preparation of plans or of architectural or engineering drawings; (3) Preparation of legal documents, government paperwork, and applications necessary for construction of housing and economic development activities to occur in the jurisdiction; (4) Acquisition of land and buildings; (5) Demolition of property to permit construction or rehabilitation activities to occur; (6) Development of infrastructure to support the housing or economic development activities; (7) Purchase of construction materials; (8) Job training to support the activities of the organization; VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (9) Homeownership counseling, including fair housing counseling, credit counseling, budgeting, access to credit, and other federal assistance available; (10) Conducting conferences or meetings with other federal or state agencies tribes, tribally designated housing entities (TDHE) or national or regional housing organizations, to inform residents of programs, rights, and responsibilities associated with homebuying opportunities; (11) Development of feasibility studies and market studies; (12) Development of Management Information Systems (MISs) and software to enable better and more accurate reporting of information to HUD and to other entities; (13) Establishing Community Development Financial Institutions (CDFIs), lines of credit, revolving loan funds, microenterprises, and small business incubators; and (14) Provision of direct financial assistance to homeowners/businesses/ developers, etc. This can be in the form of default reserves, pooling/ securitization mechanisms, loans, grants, funding existing individual development accounts or similar activities. 2. Statutory and Regulatory Requirements. To be eligible for funding under HUD NOFAs issued during FY2005, you, the applicant, must meet all statutory and regulatory requirements applicable to this NOFA as described in the General Section. HUD may also eliminate ineligible activities from funding consideration and reduce funding amounts accordingly. 3. General HUD Threshold Requirements. You must meet all threshold requirements described in the General Section. a. Ineligible Applicants. HUD will not consider an application from an ineligible applicant. b. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Recipients of assistance under this NOFA must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low- and Very LowIncome Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for PO 00000 Frm 00041 Fmt 4701 Sfmt 4703 14015 housing, and business concerns that provide economic opportunities to lowand very low-income persons. 4. Program-Specific Threshold Requirements. a. The application must receive a minimum rating score of 75 points to be considered for funding. b. HUD will only fund eligible applicants as defined in this NOFA under Section III.A. c. Applicants must serve an eligible rural area as defined in I. of this NOFA. d. Proposed activities must meet the objectives of the Rural Housing and Economic Development program. e. Applicants must demonstrate that their activities will continue to serve populations that are in need and that beneficiaries will have a choice of innovative housing and economic development opportunities as a result of the activities. IV. Application and Submission Information A. Address to Request Application Package This section describes how you may obtain application forms. Copies of the published Rural Housing and Economic Development NOFA and application forms may be downloaded from the Grants.gov Web site at https:// www.grants.gov/Apply. The web site contains the electronic forms and the NOFA which includes forms and other attachments. The NOFA and forms is a zip file found under instructions. You may call the Grants.gov support desk at 800–518–GRANTS, or email the support desk at Support@Grants.gov for assistance in downloading the application. You may request general information and paper copies of this NOFA from the NOFA Information Center (800–HUD– 8929 or 800–HUD–2209 (TTY)) between the hours of 10 a.m. and 6:30 p.m. (Eastern Time) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. Be sure to provide your name, address (including zip code), and telephone number (including area code). B. Content and Form of Application Submission 1. Application Submission Requirements. Be sure to read and follow the application submission requirements carefully. a. Page Numbering. All pages of the application must be numbered sequentially if you are submitting a paper copy application. For electronic application submission you should E:\FR\FM\21MRBK3.000 21MRBK3 14016 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices follow the directions in the General Section. b. Application Items. Your application must contain the items listed below. (1) An abstract that must include the category under which you are applying, the dollar amount requested, the category under which you qualify for demographics of distress special factor under Rating Factor 2 ‘‘Need and Extent of the Problem,’’ which of the five definitions of the term ‘‘rural area’’ set forth in Section I B.9 of this NOFA applies to the proposed service area, and accompanying documentation as indicated on the form. (2) Table of Contents. (3) A signed SF–424 (application form). (4) SF–424 Supplement Survey on Equal Opportunity for Applicants (optional submission). (5) Facsimile Transmittal (HUD– 96011). (6) Disclosure of Lobbying Activities (SF–LLL). (7) Applicant/Recipient Disclosure/ Update Report (HUD–2880). (8) Client Comments and Suggestions (HUD–2994) (Optional) (9) Program Outcome Logic Model (HUD–96010). (10) A budget for all funds (federal and non-federal including HUD–424CB and HUD 424–CBW). (11) Certification of Consistency with RC/EZ/EC–II Strategic Plan (HUD– 2990), if applicable. (12) Certification of Consistency with the Consolidated Plan (HUD–2991), if applicable. (13) Documentation of funds pledged in support of Rating Factor 4— ‘‘Leveraging Resources’’ (which will not be counted in the 15-page limitation). Documentation must be in the form of a ‘‘firm commitment’’ as defined in Section I.B.4. of this NOFA. (14) If you are a private nonprofit organization, a copy of your organization’s IRS ruling providing taxexempt status under section 501 of the Internal Revenue Code of 1986, as amended. (15) Narrative response to Factors for Award (not to exceed 15 pages). (a) A description of your organization and assignment of responsibilities for the work to be carried out under the grant (Rating Factor 1). (b) A description of the need and extent of the problem and populations to be served (Rating Factor 2). (c) A workplan that demonstrates your soundness of approach and the clear linkage between rural housing and economic development (Rating Factor 3). In addressing this submission requirement, you must: VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (i) Describe the activities you propose to undertake that address the needs, which have been identified, the linkage between rural housing and economic development, as well as the specific outcomes you expect to achieve. (ii) Include a management plan that identifies the specific actions you will take to complete the proposed activities on time and a budget in the format provided that explains the uses of both federal and non-federal funds and the period of performance under the grant. (iii) Include a discussion of the process by which the work accomplished with the grant will be evaluated to determine if the objectives of the grant were met. (d) Identify the resources that will be leveraged by the amount of this grant’s funding that you are requesting (Rating Factor 4). To receive the maximum number of points under Rating Factor 4 you must provide evidence of firm commitments. (e) You must describe the extent to which your program reflects a coordinated, community-based process of identifying needs and building a system to address these needs, providing program beneficiaries with outcomes that result in increased independence and empowerment, and the potential for your organization to become financially self-sustaining. You must also describe how your activities will achieve the program outcomes, as described in Rating Factor 5 (Achieving Results and Program Evaluation), namely, where applicable, the number of housing units constructed, the number of housing units rehabilitated, the number of jobs created, the number of jobs retained, the number of participants trained, the number of new businesses created and the number of existing businesses assisted, number of housing units rehabilitated that will be made available to low-to-moderate income participants, percentage change in earnings as a result of employment for those participants, the percent of trained participants who find a job, and annual estimated savings for lowincome families as a result of energy efficiency improvements entered into the HUD Program Outcome Logic Model (form 96010) (Rating Factor 5). (f) The total narrative response to all factors should not exceed 15 pages and be submitted in a format that equals to 8.5 x 11-inch single sided paper, with 12 point font and double lined spacing. Please note that although submitting pages in excess of the page limit will not disqualify your application, HUD will not consider or review the information on any excess pages, which may result in a lower score or failure to meet a PO 00000 Frm 00042 Fmt 4701 Sfmt 4703 threshold requirement. In addition, applicants should be aware that additional pages increase the size of the application and the length of time it will take to electronically submit the document and have it electronically received by Grants.gov. Large files result in slower delivery to Grants.gov. (16) Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers (HUD 27300). To get the points for this policy priority, you must include the documentation or references to URLs where the information can be found. C. Submission Dates and Times 1. Electronic Application Submission. Applications for the Rural Housing and Economic Development program must be submitted and received by Grants.gov no later than 11:59:59 p.m. Eastern Time of the application submission date. Applicants are advised to allow time for transmitting their application to Grants.gov. You will receive an acknowledgement of receipt from Grants.gov when your application has been successfully received. Please see the General Section for more detailed information. 2. Paper Copy Application Submission. Applicants receiving a waiver of the mandatory electronic applications submission requirement must submit the original and required number of paper copies of the application to the United States Postal Service no later than 11:59:59 p.m. on the application submission date. No hand delivery or services other than the United States Post Office will be accepted. Applicants should be aware that large packages must be taken to a Post Office for delivery. The United States Postal Service in many areas of the country no longer will deliver large packages that are dropped in a mailbox for delivery. Applicants are advised to carefully read the application submission and timely receipt requirements in the General Section as they have changed from previous years. 3. Only one application will be accepted from any given organization. If more than one application is submitted electronically, the last application submitted prior to the due date and time will be the one reviewed by HUD. HUD will not accept application addendums after the deadline unless HUD has specifically asked the applicant for a correction to a technical deficiency in the application. Responses to technical deficiencies must be received by HUD within the time allocated to cure the deficiency. Corrections to technical deficiencies are submitted directly to E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices HUD in accordance with the information provided by the program office in their cure notification. What to submit Required content Application: Abstract .............................................................................. Application Form ................................................................ Budget information ............................................................. Rating Factors: Narrative ................................................... D. Intergovernmental Agency Review Intergovernmental agency review is not required for this program. E. Funding Restrictions 1. Administrative Costs. Administrative costs for assistance under the Rural Housing and Economic Development program may not exceed 15 percent of the total HUD Rural Housing and Economic Development grant award. 2. Multiple Capacity Building Grants. If you have received two or more Rural Housing and Economic Development grants for capacity building since 1999, you are not eligible to apply under Category 1: Capacity Building. 3. Ineligible Activities. RHED funds cannot be used for the following activities: a. Income payments to subsidize individuals or families; b. Political activities; c. General governmental expenses other than expenses related to the administrative cost of the grant; or d. Projects or activities intended for personal gain or private use. HUD reserves the right to reduce or deobligate the award if suitable modifications to the proposed project are not submitted by the awardee within 90 days of the request. Any modification must be within the scope of the original application. HUD reserves the right not to make awards under this NOFA. F. Other Submission Requirements. Carefully review the procedures presented in Section IV of the General Section. During FY 2005, HUD will only accept electronic applications submitted through www.grants.gov unless the applicant has received a waiver from the Department. Please see the General Section for detailed instructions and timelines for requesting a waiver of this 20:01 Mar 18, 2005 Jkt 205001 (Per required form) ................. Described in Section V. of this announcement. V. Application Review Information A. Criteria. Carefully review all the Application Review procedures in Section V of the General Section. In addition, the following Rating Factors will be used to review, evaluate, and rate your application. 1. Rating Factor 1—Capacity of the Applicant and Relevant Organizational Experience (25 points). This rating factor addresses the extent to which you have the organizational resources necessary to successfully implement your proposed work plan, as further described in Rating Factor 3, within the 36-month award period. a. Rating standards applicable to individual funding categories. The two funding categories have different objectives. Accordingly, in addition to the generally applicable rating standard discussed above, the different standards discussed below will be used to judge the experience and qualifications of the applicants for each of the two funding categories. HUD fully supports emerging organizations that desire to develop internal capacity. Therefore, the following categories will be evaluated: (1) For Capacity Building applications (25 points). Team members, composition, experience, organizational structure, and management capacity. Your response to this sub-factor should clearly state the need that your Frm 00043 When to submit it SF–424, SF 424 Supplement. HUD–CB, HUD–CBW. HUD–2880. SF–LLL. HUD–96011. HUD–2990. HUD 2991. HUD–2994. HUD–96010. HUD–27300. requirement. Applicants receiving a waiver of the electronic submission requirement should send an original and two copies of the application to Department of Housing and Urban Development, Office of Community Planning and Development, Attn: Office of Rural Housing and Economic Development, Processing and Control Unit (Room 7251), 451 Seventh Street, SW., Washington, DC 20410–7000. PO 00000 Required form or format May 20, 2005. Disclosure Update .............................................................. Disclosure of Lobby ............................................................ Facsimile Transmittal ......................................................... Certification of RC/EZ/EC–II .............................................. Certification of Consistency with Consolidated Plan ......... Comments and Suggestions .............................................. Program Outcome Logic Model ......................................... Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. VerDate jul<14>2003 14017 Fmt 4701 Sfmt 4703 organization will address with the requested assistance. In addition, you should describe how the enhanced capacity realized through the assistance will fulfill that need. HUD will evaluate the experience (including its recentness and relevancy) of your project director, core staff, and any outside consultant, contractor, subrecipient, or project partner as it relates to innovative housing and economic development and to the implementation of the activities in your workplan. HUD also will assess the services that consultants or other parties will provide to fill gaps in your staffing structure to enable you to carry out the proposed workplan; the experience of your project director in managing projects of similar size, scope, and dollar amount; the lines of authority and procedures that you have in place for ensuring that workplan goals and objectives are being met, that consultants and other project partners are performing as planned, and that beneficiaries are being adequately served. In responding to this sub-factor, please indicate how the capacity building assistance will strengthen or otherwise affect your organization’s current housing or economic development program portfolio or, if you are a new grantee, how the capacity assistance will ensure that you can carry out your proposed activities. In judging your response to this factor, HUD will only consider work experience gained within the last three years. When responding, please be sure to provide the dates, job titles and relevancy of the past experience to work to be undertaken by the employee or contractor under your Rural Housing and Economic Development program application. Failure to provide dates results in HUD assuming that the experience is earlier than the last three E:\FR\FM\21MRBK3.000 21MRBK3 14018 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices years, and could result in a lower rating for the response. The more recent, relevant, and successful the experience of your team members is in relationship to the workplan activities, the greater the number of points you will receive. (2) For Support for Innovative Rural Housing and Economic Development Activities applications: (a) Team members, composition, and experience (10 points). HUD will evaluate the experience (including its recentness and relevancy) of your project director, core staff, and any outside consultant, contractor, subrecipient, or project partner as it relates to innovative housing and economic development and to the implementation of the activities in your workplan. HUD also will assess the services that consultants or other parties will provide to fill gaps in your staffing structure to enable you to carry out the proposed workplan; the experience of your project director in managing projects of similar size, scope, and dollar amount; the lines of authority and procedures that you have in place for ensuring that workplan goals and objectives are being met, that consultants and other project partners are performing as planned, and that beneficiaries are being adequately served. In judging your response to this factor, HUD will only consider work experience gained within the last seven years. When responding, please be sure to provide the dates, job titles and relevancy of the past experience to work to be undertaken by the employee or contractor under your proposed Rural Housing and Economic Development award. The more recent, relevant, and successful the experience of your team members are in relationship to the workplan activities, the greater the number of points that you will receive. (b) Organizational structure and management capacity (5 points). HUD will evaluate the extent to which you can demonstrate your organization’s ability to manage a workforce composed of full-time or part-time staff, as well as any consultant staff, and your ability to work with community-based groups or organizations in resolving issues related to affordable housing and economic development. In evaluating this subfactor, HUD will take into account your experience in working with community-based organizations to design and implement programs that address the identified housing and economic development issues. The more recent, relevant, and successful the experience of your organization and any participating entity, the greater the number of points you will receive. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (c) Experience with performance based funding requirements (10 points). HUD will evaluate your performance in any previous grant program undertaken with HUD funds or other federal, state, local, or nonprofit or for-profit organization funds. In assessing points for this sub-factor, HUD reserves the right to take into account your past performance in meeting performance and reporting goals for any previous HUD award, in particular whether the program achieved its outcomes. HUD will deduct one point for each of the following activities related to previous HUD grant programs for which unsatisfactory performance has been verified: (1) mismanagement of funds, including the inability to account for funds appropriately; (2) untimely use of funds received either from HUD or other federal, state, or local programs; and (3) significant and consistent failure to measure performance outcomes. Among the specific outcomes to be measured are the increases in program accomplishments as a result of capacity building assistance and the increase in organizational resources as a result of assistance. (d) Past Rural Housing and Economic Development program performance. The past performance of previously awarded Rural Housing and Economic Development grantees will be taken into consideration when evaluating Rating Factor 1 ‘‘Capacity of the Applicant and Relevant Organizational Experience.’’ Applicants who have been awarded Rural Housing and Economic Development program funds prior to FY2005 should indicate fiscal year and funding amount. HUD local field offices may be consulted to verify information submitted by the applicant as a part of the review of applications. 2. Rating Factor 2—Need and Extent of the Problem (20 points). The Rural Housing and Economic Development program is designed to address the problems of rural poverty, inadequate housing and lack of economic opportunity. This factor addresses the extent to which there is a need for funding the proposed activities based on levels of distress and the urgency of meeting the need/distress in the applicant’s target area. In responding to this factor, applications will be evaluated on the extent to which the level of need for the proposed activity and the urgency in meeting the need are documented and compared to target area and national data. a. In applying this factor, HUD will compare the current levels of need in the area (i.e., Census Tract(s) or Block Group(s) immediately surrounding the project site or the target area to be PO 00000 Frm 00044 Fmt 4701 Sfmt 4703 served by the proposed project and the national levels of need. This means that an application that provides data that show levels of need in the project area expressed as a percent greater than the national average will be rated higher under this factor. Applicants should provide data that address indicators of need as follows: (1) Poverty Rate (5 points)—Data should be provided in both absolute and percentage form (i.e., whole numbers and percents) for the target area(s). An application that compares the local poverty rate in the following manner to the national average at the time of submission will receive points under this section as follows: (a) Less than the national average = 0 points; (b) Equal to but less than twice the national average = 1 points; (c) Twice but less than three times the national average = 3 points; (d) Three or more times the national average = 5 points. (2) Unemployment (5 points)—for the target area: (a) Less than the national average = 0 points; (b) Equal to but less than twice the national average = 1 points; (c) Twice but less than three times the national average = 2 points; (d) Three but less than four times the national average = 3 points; (e) Four but less than five times the national average = 4 points; (f) Five or more times the national average = 5 points. (3) Other indicators of social or economic decline that best capture the applicant’s local situation (5 points). (a) Data that could be provided under this section are information on the community’s stagnant or falling tax base, including recent commercial or industrial closings; housing conditions, such as the number and percentage of substandard or overcrowded units; rent burden (defined as average housing cost divided by average income) for the target area; local crime statistics, falling property values, etc. To the extent that the applicant’s statewide or local Consolidated Plan, its Analysis of Impediments to Fair Housing Choice (AI), its Indian housing plan or its antipoverty strategy identify the level of distress in the community and the neighborhood in which the project is to be carried out, references to such documents should be included in preparing the response to this factor. (b) In rating applications under this factor, HUD reserves the right to consider sources of available objective data other than or in addition to those provided by applicants, and to compare E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices such data to those provided by applicants for the project site. These may include U.S. Census data. (c) HUD requires use of sound, verifiable, and reliable data (e.g., U.S. Census data, state statistical reports, university studies/reports, or Home Mortgage Disclosure Act or Community Reinvestment Act databases) to support distress levels cited in each application. See https://www.ffiec.gov/ or https:// www.ffiec.gov/webcensus/ffieccensus. for census data. A source for all information along with the publication or origination date must also be provided. (d) Updated Census data are available for the following indicators: (i) Unemployment rate—estimated monthly for counties, with a two-month lag; (ii) Population—estimated for incorporated places and counties, through 2000; (iii) Poverty rate—through 2000. (4) Demographics of Distress—Special Factors (5 points). Because HUD is concerned with meeting the needs of certain underserved areas, you will be awarded a total of five points if you are located in or propose to serve one or more of the following populations, or if your application demonstrates that 100 percent of the beneficiaries supported by Rural Housing and Economic Development funds are in one or more of the following populations. You must also specifically identify how each population will be served and that the proposed service area meets the definition of ‘‘eligible rural area’’ in Section I of this NOFA: (a) Areas with very small populations in non-urban areas (2,500 population or less); (b) Seasonal farm workers; (c) Federally recognized Indian tribes; (d) Colonias; (e) Appalachia’s Distressed Counties; or (f) The Lower Mississippi Delta Region (8 states and 240 counties/ parishes). For these underserved areas, you should ensure that the populations that you serve and the documentation that you provide are consistent with the information described in the above paragraph under this rating factor. 3. Rating Factor 3—Soundness of Approach (20 points). This factor addresses the overall quality of your proposed workplan, taking into account the project and the activities proposed to be undertaken; the cost-effectiveness of your proposed program; and the linkages between identified needs, the purposes of this program, and your proposed activities and tasks. In VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 addition, this factor addresses your ability to ensure that a clear linkage exists between innovative rural housing and economic development. In assessing cost-effectiveness, HUD will take into account your staffing levels; beneficiaries to be served; and your timetable for the achievement of program outcomes, the delivery of products and reports, and any anticipated outcome or product. You will receive a greater number of points if your workplan is consistent with the purpose of the Rural Housing and Economic Development program, your program goals, and the resources provided. a. Management Plan (13 points). A clearly defined management plan should be submitted that identifies each of the projects and activities you will carry out to further the objectives of this program; describes the linkage between rural housing and economic development activities; and addresses the needs identified in Factor 2, including needs that previously were identified in a statewide or local Analysis of Impediments to Fair Housing Choice (AI) or Consolidated Plan. The populations that were described in Rating Factor 2 for the purpose of documenting need should be the same populations that will receive the primary benefit of the activities, both immediately and over the long term. The benefits should be affirmatively marketed to those populations least likely to apply for and receive these benefits without such marketing. Your timetable should address the measurable goals and objectives to be achieved through the proposed activities; the method you will use for evaluating and monitoring program progress with respect to those activities; and the method you will use to ensure that the activities will be completed on time and within your proposed budget estimates. Your management plan should also include the budget for your program, broken out by line item. Documented projected cost estimates from outside sources are also required. Applicants should submit their workplan on a spreadsheet showing each project to be undertaken and the tasks (to the extent necessary or appropriate) in your workplan to implement the project with your associated budget estimate for each activity/task. Your workplan should provide the rationale for your proposed activities and assumptions used in determining your project timeline and budget estimates. Failure to provide your rationale may result in your application receiving fewer points for PO 00000 Frm 00045 Fmt 4701 Sfmt 4703 14019 lack of clarity in the proposed management plan. This subfactor should include information that indicates the extent to which you have coordinated your activities with other known organizations (e.g., through letters of participation or coordination) that are not directly participating in your proposed work activities, but with which you share common goals and objectives and that are working toward meeting these objectives in a holistic and comprehensive manner. The goal of this coordination is to ensure that programs do not operate in isolation. Additionally, your application should demonstrate the extent to which your program has the potential to be financially self-sustaining by decreasing dependence on Rural Housing and Economic Development funding and relying more on state, local, and private funding. The goal of sustainability is to ensure that the activities proposed in your application can be continued after your grant award is complete. b. Policy Priorities (7 Points). Policy priorities are outlined in detail in the General Section. You should document the extent to which HUD’s policy priorities are furthered by the proposed activities. Applicants that include activities that can result in the achievement of these departmental policy priorities will receive higher rating points in evaluating their application for funding. Seven departmental policy priorities are listed below. When policy priorities are included, describe in brief detail how those activities will be carried out. The point values for policy priorities are as follows: (1) Providing increased homeownership and rental opportunities for low- and moderateincome persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency=1 point; (2) Improving our Nation’s communities=1 point; (3) Encouraging accessible design features=1 point; (4) Providing full and equal access to grassroots faith-based and other community-based organizations in HUD program implementation=1 point; (5) Ending chronic homelessness within ten years=1 point; (6) Removal of barriers to affordable housing= 2 points and; (7) Promoting Energy Efficiency and Adopting Energy Star = 1 point. 4. Rating Factor 4—Leveraging Resources (10 points). This factor addresses the extent to which applicants for either of the two funding categories E:\FR\FM\21MRBK3.000 21MRBK3 14020 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices have obtained firm commitments of financial or in-kind resources from other federal, state, local, and private sources. For every Rural Housing and Economic Development program dollar anticipated, you should provide the specific amount of dollars leveraged. In assigning points for this criterion, HUD will consider the level of outside resources obtained in the form of cash or in-kind goods or services that support activities proposed in your application. HUD will award a greater number of points based upon a comparison of the extent of leveraged funds with the requested Rural Housing and Economic Development award. This criterion is applicable to both funding categories under this NOFA. The level of outside resources for which commitments are obtained will be evaluated based on their importance to the total program. Your application must provide evidence of leveraging in the form of letters of firm commitment from any entity, including your own organization, which will be providing matching funds to the project. Each commitment described in the narrative of this factor must be in accordance with the definition of ‘‘firm commitment,’’ as defined in this NOFA. The commitment letter must be on letterhead of the participating organization, must be signed by an official of the organization legally able to make commitments on behalf of the organization, and must not be dated earlier than the date this NOFA is published. Points for this factor will be awarded based on the satisfactory provisions of evidence of leveraging and financial sustainability, as described above, and the ratio of leveraged funds to requested HUD Rural Housing and Economic Development funds as follows: a. 50% or more of requested HUD Rural Housing and Economic Development funds=10 points; b. 49–40% of requested HUD Rural Housing and Economic Development funds=8 points; c. 39–30% of requested HUD Rural Housing and Economic Development funds=6 points; d. 29–20% of requested HUD Rural Housing and Economic Development funds=4 points; e. 19–9% of requested HUD Rural Housing and Economic Development funds=2 points; f. Less than 9% of HUD requested Rural Housing and Economic Development funds =0 points. See the General Section for instructions for submitting third party letters and other documents with your electronic application. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 5. Rating Factor 5—Achieving Results and Program Evaluation (25 points). This factor emphasizes HUD’s commitment to ensure that applicants keep promises made in their application. This factor assesses their performance to ensure that rigorous and useful performance measures are used and goals are met. Achieving results means you, the applicant, have clearly identified the benefits or outcomes of your program. Outcomes are ultimate project end goals. Benchmarks or outputs are interim activities or products that lead to the ultimate achievement of your goals. Program evaluation requires that you, the applicant, identify program outcomes, interim products or benchmarks, and performance indicators that will allow you to measure your performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Your evaluation plan should identify what you are going to measure, how you are going to measure it, and the steps you have in place to make adjustments to your work plan if performance targets are not met within established time frames. Applicants must also complete the ‘‘Logic Model’’ HUD Form (HUD–96010) included in the appendix to this NOFA and submit the completed form with their application. This rating factor reflects HUD’s goal to embrace high standards of ethics, management, and accountability. HUD will hold a training broadcast via satellite for potential applicants to learn more about Rating Factor 5. For more information about the date and time of the broadcast, consult the HUD web site at www.hud.gov/grants/index.cfm. Program outcomes for the Rural Housing and Economic Development program must include where applicable: a. Number of housing units constructed; b. Number of housing units rehabilitated that will be made available to low-to-moderate-income participants; c. Number of jobs created; d. Percentage change in earnings as a result of employment for those participants; e. Number of participants trained; f. Percent of participants trained who find a job; g. Number of new businesses created; h. Number of existing businesses assisted; and i. Annual estimated savings for lowincome families as a result of energy efficiency improvements. j. Increase in program accomplishments as a result of capacity building assistance (e.g. number of PO 00000 Frm 00046 Fmt 4701 Sfmt 4703 employees hired or retained, efficiency or effectiveness of services provided); and k. Increase in organizational resources as a result of assistance (e.g., dollars leveraged). If you receive an award of funds, you will be required to use the logic model to report progress against the proposed outcomes in your approved application and award agreement. Applicant must provide a breakdown of estimated dollar amount of the Rural Housing and Economic Development grant to be expended on each of the performance measures included on the HUD–96010 ‘‘Logic Model’’ and under the Rating Factor 5 section of your application. 6. RC/EZ/EC–II bonus points (2 points). HUD will award two bonus points to all applications that include documentation stating that the proposed eligible activities/projects will be located in and serve federally designated RC/EZ/EC–II. A listing of federally designated RC/EZ/EC-II is available on the Internet at www.hud.gov/grants/index.cfm. This notice contains a certification (HUD–2990) that must be completed for the applicant to be considered for Rural EZ/Round II EC bonus points. B. Review and Selection Process 1. Application Selection Process a. Rating and Ranking (1) General. To review and rate applications, HUD may establish panels which may include outside experts or consultants to obtain certain expertise and outside points of view, including views from other federal agencies. (2) Rating. All applicants for funding will be evaluated against applicable criteria. In evaluating applications for funding, HUD will take into account an applicant’s past performance in managing funds, including the ability to account for funds appropriately; its timely use of funds received either from HUD or other federal, state or local programs; its success in meeting performance targets for completion of activities; and the number of persons to be served or targeted for assistance. HUD may use information relating to these items based on information at hand or available from public sources such as newspapers, Inspector General or Government Accounting Office reports or findings, hotline complaints that have been found to have merit, or other such sources of information. In evaluating past performance, HUD will deduct points from rating scores as specified under Rating Factor 1, Capacity of the Applicant and Relevant Organizational Experience. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (3) Ranking. Applicants will be ranked separately within each of the two funding categories. Applicants will be selected for funding in accordance with their rank order in each category. An application must receive a minimum score of 75 points to be eligible for funding. If two or more applications are rated fundable and have the same score, but there are insufficient funds to fund all of them, the application(s) with the highest score for Rating Factor 2 (Need and Extent of the Problem) will be selected. If applications still have the same score, the highest score in the following factors will be selected sequentially until one highest score can be determined: Rating Factor 3 (Soundness of Approach), Rating Factor 1 (Capacity and Experience), Rating Factor 5 (Achieving Results and Program Evaluation), and Rating Factor 4 (Leveraging Resources). a. Initial screening. During the period immediately following the application deadline, HUD will screen each application to determine eligibility. Applications will be rejected if they: (1) Are submitted by ineligible applicants; (2) Do not serve an eligible rural area as defined in Section III of this NOFA; (3) Do not meet the objectives of the Rural Housing and Economic Development program; or (4) Propose a project for which the majority of the activities are ineligible. b. Rating Factors for Award Used to Evaluate and Rate Applications. The factors for rating and ranking applicants and the maximum points for each factor are provided above. The maximum number of points for this program is 102. This includes 100 points for all five rating factors and two RC/EZ/EC–II bonus points, as described above. c. Environmental Review. Each application constitutes an assurance that the applicant agrees to assist HUD in complying with the provisions set forth in 24 CFR part 50. Selection for award does not constitute approval of any proposed site. Following selection for award, HUD will perform an environmental review of activities proposed for assistance under this part, in accordance with 24 CFR part 50. The results of the environmental review may require that proposed activities be modified or that proposed sites be rejected. Applicants are particularly cautioned not to undertake or commit HUD funds for acquisition or development of proposed properties (including establishing lines of credit that permit financing of such activities or making commitments for loans that would finance such activities from a revolving loan fund capitalized by funds VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 under this NOFA) prior to HUD approval of specific properties or areas. Each application constitutes an assurance that you, the applicant, will assist HUD in complying with part 50; will supply HUD with all available relevant information to perform an environmental review for each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, or commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD approval of the property is received. In supplying HUD with environmental information, grantees must use the guidance provided in Notice CPD–99–01, entitled ‘‘Field Environmental Processing for HUD Colonias Initiative (HCI) grants,’’ issued January 27, 1999. HUD’s funding commitment is contingent upon HUD’s site approval following an environmental review. d. Adjustments to Funding. (1) HUD will not fund any portion of your application that is ineligible for funding and does not meet the requirements of this NOFA, or is duplicative of other funded programs or activities from prior year awards or other selected applicants. Only the eligible non-duplicative portions of your application may be funded. (2) HUD reserves the right to reallocate funds between categories to achieve the maximum allocation of funds in both categories. (3) If after all eligible applicants have been selected for funding in Category 1 and funds remain, the remaining funds will be allocated to Category 2 to fund additional eligible applications in that category. If a balance of funds remains, HUD reserves the right to utilize those funds toward the following year’s awards. (4) Please see the Section VI.A.3 of the General Section for more information about funding. (5) Performance and Compliance Actions of Funding Recipients. HUD will measure and address the performance and compliance actions of funding recipients in accordance with the applicable standards and sanctions of the Rural Housing and Economic Development program. e. Corrections to Deficient Applications. After the application due date, HUD may not, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information you, the applicant, may want to provide. HUD may contact you to clarify an item in your application or to correct technical deficiencies. HUD may not PO 00000 Frm 00047 Fmt 4701 Sfmt 4703 14021 seek clarification of items or responses that improve the substantive quality of your response to any rating factors. In order not to unreasonably exclude applications from being rated and ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. Examples of curable (correctable) technical deficiencies include inconsistencies in the funding request, a failure to submit the proper certifications or failure to submit an application that contains a signature by an official able to make a legally biding commitment on behalf of the applicant. In the case of an applicant who received a waiver, the technical deficiency may include a failure to submit an application that contains an original signature. If HUD finds a curable deficiency in the application, HUD will notify you in writing by describing the clarification or technical deficiency. HUD will notify applicants by facsimile or by USPS, return receipt requested. Clarifications or corrections of technical deficiencies in accordance with the information provided by HUD must be submitted within 14 calendar days of the date of receipt of the HUD notification. (If the due date falls on a Saturday, Sunday or federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday or federal holiday.) If the deficiency is not corrected within this time period, HUD will reject the application as incomplete and it will not be considered for funding. In order to meet statutory deadlines for the obligation of funds or for timely completion of the review process, Program NOFAs may reduce the number of days for submitting a response to a HUD clarification or correction to a technical deficiency. Please be sure to carefully read each Program NOFA for any additional information and instructions. An applicant’s response to a HUD notification of a curable deficiency should be submitted directly to HUD in accordance with the instructions provided with request to cure the deficiency. VI. Award Administration Information: A. Award Notice. Successful Rural Housing and Economic Development program applicants will be notified of grant award and will receive post-award instructions by mail. B. Administrative and National Policy Requirements. In addition to the requirements listed below, please review all requirements in Section III of the General Section. E:\FR\FM\21MRBK3.000 21MRBK3 14022 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 1. Lead-Based Paint Hazard Control. All property assisted under the Rural Housing and Economic Development program is covered by the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846) and HUD’s implementing regulations at 24 CFR part 35. 2. Audit Requirements. Any grantee that expends $500,000 or more in federal financial assistance in a single year (this can be program year or fiscal year) must meet the audit requirements established in 24 CFR parts 84 and 85 in accordance with OMB A–133. 3. Accounting System Requirements. The Rural Housing and Economic Development program requires that successful applicants have in place an accounting system that meets the policies, guidance, and requirements described in the following applicable OMB Circulars and Code of Federal Regulations: a. OMB Circular A–87 (Cost Principles for State, Local and Indian Tribal Governments); b. OMB Circular A–122 (Cost Principles for Non-Profit Organizations); c. OMB Circular A–133 (Audits of States, Local Governments, and NonProfit Organizations); d. 24 CFR part 84 (Grants and Agreements with Institutions of Higher Education, Hospitals, and other NonProfit Organizations); and e. 24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally recognized Indian tribal governments). C. Reporting: Reporting documents apply to the award, acceptance and use VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 of assistance under the Rural Housing and Economic Development program and to the remedies for noncompliance, except when inconsistent with HUD’s Appropriation Act, or other federal statutes or the provisions of this NOFA. For each reporting period, as part of your required report to HUD, you must include a completed Logic Model (Form HUD 96010), which identifies output and outcome achievements. If you are reporting race and ethnic data, you must use Form HUD–27061, Race and Ethnic Data Reporting Form. D. Debriefing. See the General Section for information on how to obtain a debriefing on your application review and evaluation. VII. Agency Contact(s) Further Information and Technical Assistance: For information concerning the HUD Rural Housing and Economic Development program, contact Mr. Thann Young, Program Specialist, or Ms. Linda L. Streets, Community Development Specialist, Office of Rural Housing and Economic Development, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7137, Washington, DC 20410–7000; telephone 202–708– 2290 (this is not a toll-free number). Persons with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800–877– 8339. Prior to the application deadline, Mr. Young or Ms. Streets will be available at the number above to provide general guidance and clarification of the NOFA, PO 00000 Frm 00048 Fmt 4701 Sfmt 4703 but not guidance in actually preparing your application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. VIII. Other Information 1. Satellite Broadcast. HUD will hold an information webcast via satellite for potential applicants to learn more about the program and preparation of an application. For more information about the date and time of this webcast, consult the HUD web site at www.hud.gov. 2. The Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2506–0169. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 100 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing and reporting the data for the application, semi-annual reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14023 EN21MR05.183</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14024 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Public Housing Neighborhood Networks Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing. B. Funding Opportunity Title: Public Housing Neighborhood Networks program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR–4950–N–24. The OMB approval number for this program is 2577–0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.870. F. Dates: The application submission date is June 3, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Public Housing Neighborhood Networks (NN) program is to provide grants to public housing authorities (PHAs) to: a) update and expand existing NN /community technology centers; or b) establish new NN centers. These centers offer comprehensive services designed to help public housing residents achieve long-term economic self-sufficiency. 2. Funding Available: The Department plans to award approximately $23,888,000 ($13,888,000 in new appropriations plus $10,000,000 in Grant program Total funding Eligible applicants Neighborhood Networks ....... $23.8 Million .......... PHAs—existing centers ........ carryover) under the Neighborhood Networks program in Fiscal Year 2005. 3. Award Amounts: Awards will range from $150,000 to $6000,000. 4. Eligible Applicants. Eligible applicants are PHAs only. Tribes and tribally designated housing entities (TDHEs), nonprofit organizations, and resident associations are not eligible to apply for funding under the Public Housing Neighborhood Networks program. 5. Cost Sharing/Match Requirement: PHAs are required to match at least 25 percent of the requested grant amount. 6. Grant term. The grant term is three years from the execution date of the grant agreement. Maximum grant amount PHAs—new centers ............. Full Text of Announcement I. Funding Opportunity Description A. Definition of Terms 1. Contract Administrator is a grant administrator or financial management agent that oversees the implementation of the grant and/or the financial aspects of the grant. See the ‘‘Program Requirements’’ and ‘‘Threshold Requirements’’ sections for more information. 2. An existing computer center is: (1) A computer lab, or technology center owned and operated by a PHA which serves residents of public housing and has not received prior NN funding and therefore is not officially designated a HUD Public and Indian Housing (PIH) NN center; (2) a computer lab designated as a HUD PIH NN center, which seeks to expand its services; or (3) a computer lab which needs funding under this program to become operational and serve residents of public housing. 3. A new NN center is one that will be established (i.e. there is no infrastructure, space, or equipment currently in use for this purpose) with NN grant funds. NOTE: An applicant previously funded under Neighborhood Networks may apply under the ‘‘New Computer Center’’ category only if it will develop a new center in a development which cannot be served by the applicant’s existing NN center(s). VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 $150,000 $200,000 $250,000 $300,000 $300,000 $400,000 $500,000 $600,000 for for for for for for for for 4. Past Performance is a threshold requirement. Using Rating Factor 1, HUD’s field offices will evaluate applicants for past performance to determine whether an applicant has the capacity to manage the grant they are applying for. Field offices will evaluate the past performance of contract administrators for applicants that required one. 5. Person with disabilities means a person who: a. Has a condition defined as a disability in section 223 of the Social Security Act; b. Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or c. Is determined to have a physical, mental, or emotional impairment which: (1) Is expected to be of long-continued and indefinite duration; (2) Substantially impedes his or her ability to live independently; and (3) Is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘‘person with disabilities’’ includes persons who have acquired immunodeficiency syndrome (HIV/ AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities solely based on drug or alcohol dependence. PO 00000 Frm 00050 Fmt 4701 Sfmt 4703 PHAs PHAs PHAs PHAs PHAs PHAs PHAs PHAs with with with with with with with with 1–780 units. 781–2,500 units. 2,501–7,300 units. 7,301 units or more. 1–780 units. 781–2,500 units. 2,501–7,300 units. 7,301 units or more. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 6. Project Coordinator is responsible for coordinating the grantee’s approved activities to ensure that grant goals and objectives are met. A qualified Project Coordinator is someone with at least two years of experience working on supportive services designed specifically for underserved populations. The Project Coordinator and grantee are both responsible for ensuring that all federal requirements are followed. 7. Secretary means the Secretary of Housing and Urban Development. 8. Senior person means a person who is at least 62 years of age. B. Program Description 1. The Public Housing Neighborhood Networks program provides grants to PHAs to (1) update and expand existing NN/community technology centers; or (2) establish new (NN) centers. 2. NN centers must be located within a public housing development, on PHA land, or within reasonable walking distance to the PHA development(s). E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 3. HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in improved economic self-sufficiency for public housing residents. HUD is looking for proposals that involve partnerships with organizations that will supplement and enhance the services offered to residents. 4. NN centers provide computer and Internet access to public housing residents and offer a full range of computer and job training services. Applicants should submit proposals that will incorporate computer and Internet use to: provide job training for youths, adults and seniors; expand educational opportunities for residents; promote economic self-sufficiency and help residents transition from welfare to work; assist children with homework; provide guidance to high school students (or other interested residents) for post-secondary education (college or trade schools); and provide other services deemed necessary from resident input. 5. All applicants must complete a business plan (see sample HUD–52766 provided in the Appendix) covering the three-year grant term. Applicants’ business plan and narrative must indicate how the centers will become self-sustaining after the grant term expires. Proposed grant activities should build on the foundation created by previous NN grants such as Resident Opportunities and Self-Sufficiency (ROSS) grants, or other federal, state and local self-sufficiency efforts. C. Eligible Activities 1. Hiring a Qualified Project Coordinator To Administer the Grant Program. A qualified Project Coordinator must have project management and information technology experience. The Project Coordinator should be hired for the entire term of your grant. The Project Coordinator is responsible for ensuring that the center achieves its proposed goals and objectives. In addition, the Project Coordinator is responsible for the following activities: a. Marketing the program to residents; b. Assessing residents’ needs, interests, skills, and job-readiness; c. Assessing residents’ needs for supportive services, e.g. childcare, transportation; d. Designing and coordinating grant activities based on residents’ needs and interests; and e. Monitoring the progress of program participants and evaluating the overall success of the program. For more information on how to measure VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 performance, please see Rating Factor 5 in the ‘‘Application Review Information’’ section of this NOFA. 2. Literacy training and GED preparation; 3. Computer training, from basic to advanced; 4. College preparatory courses and information; 5. Job Training: Some examples of the job training skills encouraged are: oral and written communication skills; work ethic; interpersonal and teamwork skills; resume writing; interviewing techniques, creating job training and placement programs with local employers and employment agencies; and post-employment follow-up to assist residents who are new to the workplace. 6. Physical improvements. Physical improvements must relate to providing space for a Neighborhood Networks center. Renovation, conversion, wiring, and repair costs may be essential elements of physical improvements. In addition, architectural, engineering, and related professional services required to prepare plans or drawings, write-ups, specifications or inspections may also be part of the cost of implementing physical improvements. a. Creating an accessible space for persons with disabilities is an eligible use of funds. Refer to Office of Management and Budget (OMB) Circular A–87, ‘‘Cost Principles for State, Local and Indian Tribal Governments.’’ b. The renovation, conversion, or joining of vacant units in a PHA development to create space for the equipment and activities of a NN center (computers, printers, and office space) are eligible activities for physical improvement. c. The renovation or conversion of existing common areas in a PHA development to accommodate a NN center is eligible. d. If renovation, conversion, or repair is done off-site, the PHA must provide documentation with its application that it has control of the proposed property for at least five years. Control can be demonstrated through a lease agreement, ownership documentation, or other appropriate documentation. 7. Maintenance and insurance costs. Includes installing and maintaining the hardware and software as well as insurance coverage for the space and equipment. 8. Purchase of computers, printers, software and other peripheral equipment are eligible expenses. In addition, costs of computer hardware and software for the needs of persons PO 00000 Frm 00051 Fmt 4701 Sfmt 4703 14025 with disabilities are an eligible cost for this funding category; 9. Distance Learning Equipment. Distance learning equipment (including the costs for video casting and purchase/lease/rental of distance learning equipment) is an eligible use of funds. The proposal must indicate that the center will be working in a virtual setting with a college, university or other educational organization. Distance learning equipment can also be used to link one or more centers so that residents can benefit from courses being offered at only one site. 10. Security and related costs. Includes space and minor refitting, locks, and other equipment for safeguarding the center. 11. Hiring Residents. Grantees may hire residents to help with the implementation of this grant program. 12. Administrative costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment and supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries of any kind. For both new and existing NN centers, administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A–87. Please use HUD– 424–CBW to itemize your administrative costs. You may attach an additional sheet of paper to the HUD– 424–CBW form if necessary in order to fully itemize your administrative costs. D. Regulations Governing the Neighborhood Networks Grant The Neighborhood Networks program is governed by regulations in 24 CFR parts 905 and 968. II. Award Information A. Total Funding. The Department expects to award approximately a total of $23,888,000 ($13,888,000 in new appropriations plus $10,000,000 in carryover) under the Neighborhood Networks program in Fiscal Year 2005. Awards will be made as follows: 1. Forty percent of available funding for Neighborhood Networks will be used for updating and expanding existing computer technology centers. The other 60 percent will provide grants to establish and operate new Neighborhood Networks centers. 2. PHAs must use the number of occupied public housing units as of September 30, 2004 per their budget. This is required so the PHA can determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate on the Fact E:\FR\FM\21MRBK3.000 21MRBK3 14026 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices thoroughly by following the instructions below. If your application fails one threshold requirement (regardless of the type of threshold) it will be considered Maxa failed application. Applicants and Number of conventional units imum grantees must also meet the threshold funding requirements contained in Section III.C. 1–780 units .................................... $150,000 of the General Section of the SuperNOFA. 781–2,500 units ............................. 200,000 a. Match. All applicants are required 2,501–7,300 units .......................... 250,000 to commit a 25 percent match in cash 7,301 or more units ....................... 300,000 or in-kind donations that are defined in b. Funding Levels for New Centers: this paragraph. Joint applicants must together have at least a 25 percent Maxmatch. Applicants who do not Number of conventional units imum demonstrate the minimum 25 percent funding match will fail this threshold 1–780 units .................................... $300,000 requirement and will not receive further consideration for funding. If you are 781–2,500 units ............................. 400,000 also applying for funding under the 2,501–7,300 units .......................... 500,000 7,301 or more units ....................... 600,000 ROSS grant program, you must use different sources of match donations for B. Grant Period: Three years. The each grant application and you must grant period shall begin the day the indicate which ROSS grant(s) you are grant agreement and the form HUD– applying for by attaching a narrative to 1044, ‘‘Assistance Award/Amendment’’ your application. This narrative must are signed by the grantee and HUD. state the sources and amounts of each of C. Grant Extensions. Requests to your match contributions for this extend the grant term must be submitted application as well as any other HUD in writing by the grantee to the local grant program to which you are HUD field office. Such requests must be applying. done prior to grant termination and with Match donations must be firmly at least 30 days notice to give the field committed. Firmly committed means office a reasonable amount of time to that the amount of match resources and their dedication to Neighborhood fully evaluate the request. Requests Networks-funded activities must be must explain why the extension is explicit, in writing and signed by a necessary, what work remains to be completed, and what work and progress person authorized to make the commitment. Letters of commitment was accomplished to date. Extensions and memoranda of understanding may be granted one time only by the field office for no more than six months. (MOU) must be on organization letterhead, and signed by a person D. Type of Award: Grant agreement. E. Subcontracting: Subcontracting is authorized to make the commitment. permitted. Grantees must follow the The letters of commitment/MOUs must HUD federal procurement regulations indicate the total dollar value of the found at 24 CFR 85.36. commitment, be dated within two months of the application deadline, and III. Eligibility Information indicate how the commitment will A. Eligible Applicants: Public Housing relate to the proposed program. The Authorities are eligible to apply for this commitment should be available at time funding category. Tribes/TDHEs, of award. Applicants proposing to use nonprofit organizations, and resident their own, non-HUD grant funds to meet associations are not eligible to apply for the match requirement, must also this funding category. include a letter of commitment B. Cost Sharing or Matching: All indicating the type of match (cash or inapplicants are required to obtain a 25 kind) and how the match will be used. percent cash or in-kind match. The Grant awards shall be contingent upon match is a threshold requirement. letters of commitment being submitted Applicants who do not demonstrate the with your application. Please see the minimum 25 percent match will fail the General Section of the SuperNOFA for threshold requirement and will not instructions for submitting the required receive further consideration for letters with your electronic application. funding. Please see the section below on (1) Volunteer time and services shall threshold requirements for more be computed using the professional rate information on what is required for the for the local area or the national match. minimum wage rate of $5.15 per hour C. Other: 1. Threshold Requirements: (Note: applicants may not count their Applicants must respond to each staff time towards the match.) If grantees threshold requirement clearly and propose to use volunteers for Sheet (HUD–52751) the number of units under management. a. Funding Levels for Existing Centers: VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4703 development or operations work that would otherwise be subject to payment of Davis-Bacon or HUD-determined prevailing wage rates (including construction, rehabilitation or maintenance) their services must be computed using the appropriate methodology. Additional information on these wage rates can be found at: www.hud.gov/, by contacting HUD Field Office Labor Relations staff, or from the PHA. Such volunteers must also meet the requirements of section 12(b) of the United States Housing Act of 1937 and 24 CFR part 70; (2) In order for HUD to determine the value of any donated material, equipment, staff time, building, or lease, your application must provide a letter from the organization making the donation. The letter must state the value of the contribution. (3) Other resources/services that can be committed include: in-kind services such as administrative assistance provided to the applicant; funds from federal sources that are allowed by statute, for example Community Development Block Grant (CDBG); funds from any state or local government sources; and funds from private contributions. Applicants may also partner with other program funding recipients to coordinate the use of resources in the target area. b. Past Performance. HUD’s field offices will evaluate data provided by applicants as well as their past performance to determine whether applicants have the capacity to manage the grant they are applying for. Field offices will evaluate the contract administrators’ past performance for applicants required to have a contract administrator. Using Rating Factor 1, the field office will evaluate applicants’ past performance. Applicants should carefully review Rating Factor 1 to ensure their application addresses all of the criteria requested. If applicants fail to address what is requested in Rating Factor 1, their application will not receive further consideration. c. Contract Administrator Partnership Agreement. PHAs that are troubled at time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. Grant awards must have a signed Contract Administrator Partnership Agreement included in the application. Applicants required to have a Contract Administrator Partnership Agreement that fail to submit one will fail this threshold requirement and will not receive further consideration for funding. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Troubled PHAs are not eligible to be contract administrators. Grant writers who assist in the preparation of their Neighborhood Networks applications are also ineligible to be contract administrators. For more information on contract administrators, see the section ‘‘Program Requirements.’’ d. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. e. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section of the SuperNOFA for a discussion of the Grants.gov registration process. f. Applicants will not be considered for funding if their request exceeds the maximum amount they are eligible for. 2. Program Requirements: a. Program Evaluations. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received training through this program. For example, applicants may propose to reserve one percent of grant funds for every 10 students they train for the purpose of evaluating students’ success in the program. b. Physical Improvements. All renovations must meet appropriate accessibility requirements, including the requirements of Section 504 of the Rehabilitation Act of 1973 at 24 CFR part 8, Architectural Barriers Act at 24 CFR part 40, the Americans with Disabilities Act and the Fair Housing Act. Compliance with the Uniform Federal Accessibility Standards must comply with the requirements of 24 CFR 8.21, 8.22, 8.232, and 8.25 with respect to buildings. c. Contract Administrator. The contract administrator must assure that the financial management system and procurement procedures that will be implemented during the grant term comply with 24 CFR part 85. CAs are expressly forbidden from accessing HUD’s Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must assist PHAs in meeting HUD’s reporting requirements, see Section VI.C. ‘‘Reporting’’ for more information. Contract administrators VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 may be: local housing agencies; community-based organizations such as community development corporations (CDCs), churches, temples, synagogues, mosques; nonprofit organizations; state/ regional associations and organizations. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants in preparing their Neighborhood Networks applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate the conflict of interest standards as defined in 24 CFR part 84 and 24 CFR part 85. d. Other Requirements Applicable to All Programs. All applicants, lead and non-lead, should refer to ‘‘Other Requirements and Procedures Applicable to All Programs’’ of the General Section of the SuperNOFA for other requirements to which they may be subject. 3. Number of Applications Permitted: a. General. Applicants may submit only one application for a NN grant. b. Joint applications. Two or more applicants may join together to submit a joint application for proposed grant activities. Joint applications must designate a lead applicant. Only the lead applicant is subject to the threshold requirements outlined in this NOFA. However, both lead and non-lead applicants are subject to threshold requirements outlined in Section III. C. of the General Section of the SuperNOFA. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Applicants who submit joint applications cannot submit separate applications as sole applicants under this NOFA. NOTE: The lead applicant will determine the maximum funding amount the applicants are eligible to receive. 4. Eligible Participants: All program participants must be residents of public housing or residents of other housing assisted with funding made available under the 2005 Appropriations Act (e.g., residents receiving tenant-based or project-based voucher assistance, as well as elderly and disabled residents). 5. Compliance with Program Requirements. In addition to the specific NN program requirement, all applicants and grantees must also comply with the program requirements contained in Section III. C. of the General Section of the SuperNOFA. IV. Application and Submission Information A. Address to Obtain an Application Package. There is no application kit this year. Please refer to the General Section PO 00000 Frm 00053 Fmt 4701 Sfmt 4703 14027 for information on how to submit your application electronically. Copies of this published NOFA and application forms for this program may be downloaded from the grants.gov Web site at https:// www.grants.gov/APPLY. If you have difficulty accessing the information you may call the Grants.gov help desk tollfree at (800) 518–GRANTS or sending an e-mail to Support@Grants.gov. The operators will assist you in accessing the information. B. Content and Form of Application Submission: 1. Application Preparation: Before preparing an application for Neighborhood Networks funding, applicants should carefully review the program description, program requirements, ineligible activities, threshold requirements contained in this NOFA, and the General Section. Applicants should also review each rating factor found in the ‘‘Application Review Information’’ section before writing a narrative response. Applicants’ narratives must be descriptive in order to ensure that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and the General Section. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission: In order to be funded, applicants must propose programs which meet all the requirements and objectives of the Neighborhood Networks program described in this NOFA and follow the submission instructions for electronic filing and submitting third party letters and other documentation found in the General Section. 3. Content of Application: Applicants must write narrative responses to each of the rating factors described in the section below. Their responses must demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the Neighborhood Networks program, fully understand the proposal. HUD encourages applicants to carefully review each rating factor, the regulations governing the Neighborhood Networks program, at 24 CFR parts 905 and 968, and the General Section prior to responding to the rating factors. 4. Format of Application: (1) Applications may not exceed 35 narrative pages. Narrative pages must be submitted as separate electronic files, formatted as double-spaced, singlesided documents. Each file should have E:\FR\FM\21MRBK3.000 21MRBK3 14028 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the pages numbered consecutively. Use Times New Roman font style and font size 12. Supporting documentation, required forms, and certifications will not be counted toward the 35 narrative page limit. See the General Section for information on how to submit documents that are not in electronic format. Applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to guarantee that the applicants submit all of the required forms and information. Electronic application filers should make sure the file names for their narratives reflect the labels in the checklist. Each narrative must be in a separate file with all the files zipped together and sent as an attachment in the application submittal. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms 1. Acknowledgment of Application Receipt (HUD–2993), for paper application submissions only (you must have an approved waiver to submit a paper application); 2. Application for Federal Assistance (SF–424); 3. SF–424 Supplement—Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers (HUD–27300); 5. ROSS Fact Sheet (HUD–52751); 6. Grant Application Detailed Budget (HUD–424–CB); 7. Grant Application Detailed Budget Worksheet (HUD–424–CBW); 8. Applicant/Recipient Disclosure/ Update Report (HUD–2880); 9. Certification of Consistency with RC/EZ/EC–II Strategic Plan (HUD–2990) if applicable; 10. Certification of Consistency with the Consolidated Plan (HUD–2991) if applicable; 11. Disclosure of Lobbying Activities (HUD–SF–LLL)—if applicable; 12. Disclosure of Lobbying Activities Continuation Sheet (HUD–SF–LLL–A)— if applicable; and 13. Client Comments and Suggestions (HUD–2994). (Optional) 14. Facsimile Transmittal (HUD– 96011) TAB 2: Threshold Requirements 1. Letters from Partners attesting to match; VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 2. Letter from Applicant’s organization attesting to match (if applicant is contributing to match); and 3. Contract Administrator Partnership Agreement (required for troubled PHAs) (HUD–52755). TAB 3: Rating Factor 1 1. Narrative 2. Chart A: Program Staffing (HUD– 52756) 3. Chart B: Applicant/Administrator Track Record (HUD–52757) 4. Resumes/Position Descriptions TAB 4: Narrative for Rating Factor 2 TAB 5: Rating Factor 3 1. Narrative 2. Business Plan (see sample) (HUD– 52766) TAB 6: Narrative for Rating Factor 4 TAB 7: Narrative for Rating Factor 5 and NN Program Forms 1. Narrative 2. Logic Model (HUD–96010); 3. Sample Performance measures/ outcomes are attached for applicants’ information C. Submission Dates and Times: 1. Due Dates: Electronic applications must be submitted and received by Grants.gov no later than 11:59:59 p.m. eastern time on June 3, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. 2. Proof of Timely Submission. Please see Section IV.F of the General Section for application submission, and timely receipt requirements. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs: Applicants who receive a NN award are prohibited from using these grant funds to reimburse any costs incurred while preparing their applications. 2. Covered Salaries: a. Project Coordinator: The Neighborhood Networks program will fund up to $65,000 in combined annual salary and fringe benefits for a full-time Project Coordinator. The Project Coordinator’s salary and fringe benefits may not exceed 30 percent of the total grant amount. For audit purposes, applicants must have documentation on file demonstrating that the salary paid to the Project Coordinator is comparable to similar professions in their local area. b. Hiring Residents: Grantees may hire residents to help with the implementation of this grant program. No more than five percent of grant funds can be used for this purpose. PO 00000 Frm 00054 Fmt 4701 Sfmt 4703 c. NN funds may only be used for the types of salaries described in this section according to the restrictions described herein. NN funds may not be used to pay for salaries of any other kind. d. Neighborhood Networks grant funds cannot be used to hire or pay the services of a Contract Administrator. 3. Administrative Costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment, supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries. Administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A– 87. Please use HUD–424–CBW to itemize your administrative costs. 4. Ineligible Activities/Costs. Grant funds may not be used for ineligible activities: a. Payment of wages and/or salaries to participants for receiving supportive services and/or training programs; b. Purchase, lease, or rental of land; c. Purchase, lease, or rental of vehicles; d. Entertainment costs; e. Purchasing food; f. Service Coordinator salary and fringe benefits; g. Stipends; h. Cost of application preparation; i. Costs which exceed limits identified in the NOFA for the following: Project Coordinator, resident salaries, physical improvements (see below) and administrative expenses; and j. Any other costs not eligible under section 9(d)(1)(E) of the U.S. Housing Act of 1937. A copy of the regulation can be found at www.hud.gov/ fundsavailable. k. NN funds cannot be used to hire or pay for the services of a Contract Administrator 5. Physical Improvements. For new centers, expenses for physical improvements may not exceed 20 percent of the total grant amount requested from HUD. For existing centers, expenses for physical improvements may not exceed 10 percent of the total grant amount. F. Other Submission Requirements: a. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov/Apply. Applicants interested in applying for funding must submit their applications electronically via the web site https:// www.grants.gov/Apply. This site has simple instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices a simple, unified application process to enable applicants to apply for grants online. b. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to: HUD Grants Management Center (GMC), Mail Stop: Neighborhood Networks, 501 School Street, SW., 8th floor, Washington, DC 20024. Please see the General Section for detailed mailing and delivery instructions as the procedures have changed significantly for this year. c. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit an original and two paper copies of the application. One paper copy must be sent to the area field office. See the chart in the General Section if you have received a waiver of the electronic submission requirement. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the Neighborhood Networks Program: The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes two RC/EZ/EC bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for RC/EZ/EC–II bonus points. A listing of federally designated RC/EZ/EC–II is available on HUD’s web site at: www.hud.gov/fundsdsavailable. The agency certifying to RC/EZ/EC–II status must be included in the listing on HUD’s web site. Please see the General Section for details concerning RDC/EZ/ EC–II bonus points. NOTE: Applicants should carefully review each rating factor before writing a response. Applicants’ narratives must be descriptive and detailed in order to ensure every requested item is addressed. Applicants should make sure their narratives thoroughly address the Rating Factors below and include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (35 Points) This factor addresses whether the applicant has the organizational resources necessary to successfully VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 implement the proposed activities within the grant period. In rating this factor, HUD will consider whether the proposal demonstrates that the applicant will have qualified and experienced staff. HUD will also bear in mind whether or not the proposed staff will be dedicated to administering the program. (1) Proposed Program Staffing (12 Points). (a) Staff Experience (4 Points). HUD is requesting details about the knowledge and experience of the proposed Project Coordinator, staff, and partners in planning and managing programs. Experience will be judged in terms of recent, relevant and successful experience of proposed staff to undertake program activities. In rating this factor, HUD will consider experience within the last 5 years to be recent; experience pertaining to the specific activities being proposed to be relevant; and experience producing specific accomplishments to be successful. Applicants will receive a greater amount of points if the proposed staff has recent and applicable experience. HUD is looking for staff to possess experience working with and successfully implementing similar projects. If proposed staff has experience in providing community technology services and in delivering social service programs to underserved populations, applicants will receive a maximum score of four points. If proposed staff has experience in only one area, applicants will receive two points. If proposed staff has experience in neither area, applicants will receive a score of 0 for this subfactor. The following information should be included in the application in order to provide HUD an understanding of the proposed staff’s experience and capacity: (i) The number of staff years (one staff year = 2080 hours) to be allocated to the program by each employee as well as each of their roles in the program; (ii) The staff’s relevant educational background and/or work experience; (iii) Relevant and successful experience running programs whose activities include social services and computer programs that are similar to the eligible program activities described in this NOFA; (b) Hiring Residents (3 points). Three points will be awarded if applicants commit to hiring one to three residents. Small PHAs should hire one person, medium PHAs should hire one to two people, and large PHAs should hire three people in order to get the maximum score. In order to receive points for this subfactor, applicants PO 00000 Frm 00055 Fmt 4701 Sfmt 4703 14029 must explain in their narrative that they will hire residents and indicate the number of residents to be hired, and work they will be assigned. (c) Organizational Capacity (5 Points). Applicants will be evaluated based on whether they have, and/or whether their partners have sufficient qualified personnel to deliver the proposed activities in a timely and effective fashion. In order to enhance or supplement capacity, applicants should provide evidence of partnerships with nonprofit organizations or other organizations that have experience providing community technology services to typically underserved populations. Applicants’ narrative must describe their ability to immediately begin the proposed work program. Applicants may scan resumes or position descriptions (where staff is not yet hired) for all key personnel so they become an electronic attachment to your Grants.gov application. Please see the General Section for instructions on how to submit the required information with your electronic application. (Resumes/ position descriptions do not count toward the 35-page limit.) (2) Past Performance of Applicant/ Contract Administrator (6 Points). Applicants’ narrative must describe how they (or their Contract Administrator) successfully implemented grant programs (including those listed below) designed to promote resident selfsufficiency or moving from welfare to work. Applicants’ past experience may include, but is not limited to, running programs aimed at assisting residents of low-income housing achieve economic self-sufficiency; e.g., ROSS grants and Youthbuild. Applicants’ narrative must indicate the grants they received and managed, the grant amounts, and grant terms (years) of the grants that they are counting towards past experience. Applicants will be evaluated according to the following criteria: (a) Benefits gained by participating residents. These must be measurable. Applicants should describe results their programs have obtained, (e.g., higher incomes, improved grades, higher rates of employment, increased savings, improved literacy, etc.); (b) Description of timely grant expenditure throughout the term of past grants. Timely means regular drawdowns throughout the life of the grant, i.e., quarterly drawdowns, with all funds expended by the end of the grant term; (c) Description of past leveraging. Applicants must describe how they have leveraged funding or in-kind services beyond what was originally proposed for past projects; E:\FR\FM\21MRBK3.000 21MRBK3 14030 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (3) Program Administration and Fiscal Management (17 Points). (a) Program Administration (10 Points). Applicants should describe how they will manage the program; how HUD can be sure that there is program accountability; and provide a description of proposed staff’s roles and responsibilities. Applicants should also describe how grant staff, and partners will report to the Project Coordinator and other senior staff. (b) Fiscal Management (7 Points) In rating this factor, applicants’ skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place, which includes those of a Contract Administrator for applicants who required one. (i.e., troubled PHAs); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses and what has been done to address them; (iii) For applicants who are required to have a Contract Administrator, describe the skills and experience the Contract Administrator has in managing Federal funds. b. Rating Factor 2: Need (10 Points) This factor addresses the need for funding an applicant’s proposed program. In responding to this factor, applicants will be evaluated on the extent to which they describe and document the level of need for their proposed activities. In responding to this factor, applicants must include: (1) Demonstrated Link Between Proposed Activities and Local Need. (10 points). Applicants’ narrative must demonstrate a clear relationship between proposed activities, community needs and the purpose of the program’s funding in order for points to be awarded for this factor. c. Rating Factor 3: Soundness of Approach (25 Points) This factor addresses both the quality and cost-effectiveness of applicants’ proposed business plan. The business plan must indicate a clear relationship between proposed activities, the targeted population’s needs, and the purpose of the program funding. Applicants’ activities must address HUD’s policy priorities outlined in this Rating Factor. In rating this factor HUD will consider: VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (1) Quality of the Business Plan (20 points). This factor evaluates both the applicants’ business plan and budget which will be evaluated based on the following criteria: (a) Specific Services and/or Activities (9 points). Applicants’ narrative must describe the specific services, course curriculum, and activities they plan to offer and who will be responsible for each. In addition to the narrative, applicants must also provide a business listing the specific services, activities, and outcomes they expect. The business plan must show a logical order of activities and progress and must tie to the outcomes and outputs applicants identify in the Logic Model (see Rating Factor 5). Please see a sample business plan in the Appendix (HUD–52766). Applicants’ narrative must explain how their proposed activities will: (i) Involve community partners in the delivery of services (4 points); and (ii) Offer comprehensive services versus a small range of services geared toward enhancing economic opportunities for residents. (5 points). (b) Feasibility and Demonstrable Benefits (4 points). This factor examines whether applicants’ business plan is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD’s desire is to fund applications that will quickly produce demonstrable results and advance the purposes of the Neighborhood Networks program. (i) Timeliness. This subfactor evaluates whether applicants’ business plan demonstrates that their project is ready to be implemented shortly after grant award. In addition, the timing of the application should not exceed three months following the execution of the grant agreement. The business plan must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution. The business plan will be evaluated based on how well applicants’ proposed activities address the needs described in Rating Factor 2. (c) Budget Appropriateness/Efficient Use of Grant (7 Points). The score in this factor will be based on the following: (i) Justification of expenses (4 Points). Applicants will be evaluated based on whether their expenses are reasonable, well explained, and support the objectives of their proposal. (ii) Budget Efficiency (3 Points). Applicants will be evaluated based on whether their application requests funds commensurate with the level of effort necessary to accomplish their goals and anticipated results. (d) Ineligible Activities. Two points will be deducted for each ineligible PO 00000 Frm 00056 Fmt 4701 Sfmt 4703 activity proposed in the application, as identified in Section IV(E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator. (2) Addressing HUD’s Policy Priorities (5 points). HUD wants to improve the quality of life for those living in distressed communities. HUD’s grant programs are a vehicle for long-term, positive change that can be achieved at the community level. Applicants’ narrative and business plan will be evaluated based on how well they meet the following HUD policy priorities: (a) Improving the Quality of Life in Our Nation’s Communities. (1 points). In order to receive points in this category, applicants’ narrative and business plan must indicate the types of activities, services, and training programs that will be offered. These programs should help residents successfully transition from welfare to work and earn higher wages, or for elderly/disabled residents, to continue to live independently. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation (1 point). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, grassroots faith-based and other community-based organizations. These grassroots organizations have a strong history of providing vital community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, applicants’ narrative and business plan must describe how applicants will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing (up to 2 points).Under this policy priority, higher rating points are available to (1) governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants undertaking activities in jurisdictions that have undertaken successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants should complete form HUD 27300, ‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers.’’ A copy of HUD’s Notice entitled America’s Affordable Communities Initiative, HUD’s Initiative E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD’s 2004 Competitive Funding Allocations’’ can be found on HUD’s Web site at https:// www.hud.gov/grants/index.cfm. The information and requirements contained in HUD’s regulatory barriers policy priority apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD 27300 can be found in the General Section. Applicants are encouraged to read the Notice as well as the General Section to obtain an understanding of this policy priority and how it can impact their score. A number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number or email address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. (d) Energy Star (1 point). HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step toward implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD’s affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to purchase and use Energy Star labeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building by homebuyers and renters. Program activities can include developing Energy Star promotional and information materials, outreach to lowand moderate-income renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see https://www.energystar.gov or call 1– 888–STAR–YES (1–888–782–7937) or for the hearing-impaired, 1–888–588– 9920 TTY. Applicants demonstrating that they will meet one or more provisions of this policy priority will receive one point. d. Rating Factor 4: Leveraging Resources (20 Points) (1) This factor addresses the applicant’s ability to secure community resources that can be combined with HUD’s grant resources in order to achieve program purposes. Applicants are required to create partnerships with organizations that can help achieve their program’s goals. PHAs are required by section 12(d)(7) of the U.S. Housing Act of 1937 (entitled ‘‘Cooperation Agreements for Economic SelfSufficiency Activities’’) to make best efforts to enter into such agreements with relevant state or local agencies. In rating this factor, HUD will look at the Percentage of match e. Rating Factor 5: Achieving Results and Program Evaluation (10 Points) (1) An important element in this year’s NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD’s determination to ensure that applicants meet commitments made in their applications and grant agreements. They are also required to assess their performance so they can measure performance goals. Applicants must demonstrate how they propose to measure their success and outcomes 16:51 Mar 18, 2005 Jkt 205001 extent to which applicants partner, coordinate and leverage their services and resources with other organizations serving the same or similar populations. (2) Additionally, applicants must have at least a 25 percent cash or inkind match. The match is a threshold requirement. Joint applicants must have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Leveraging in excess of the 25 percent of the requested grant amount will receive a higher point value. In evaluating this factor HUD will consider the extent to which applicants have partnered with other entities to secure additional resources. This will increase the effectiveness of the proposed program activities. The additional resources and services must be firmly committed, must support the proposed grant activities and must, in combined amount (including in-kind contributions of personnel, space and/or equipment, and monetary contributions) equal at least 25 percent of the grant amount requested in this application. ‘‘Firmly committed’’ means that the amount of resources and their dedication to Neighborhood Networksfunded activities must be explicit, in writing, and signed by a person authorized to make the commitment. Please see the section on Threshold Requirements for more information. (3) Points for this factor will be awarded based on the documented evidence of partnerships and firm commitments and the ratio of requested Neighborhood Networks funds to the total proposed grant budget. Points will be assigned based on the following scale: Points awarded 25 ............................................................................................... 26–50 ......................................................................................... 51–75 ......................................................................................... 76 or above ............................................................................... VerDate jul<14>2003 14031 5 points (with partnerships) 3 points (without partnerships). 10 points (with partnerships) 8 points (without partnerships). 15 points (with partnerships) 13 points (without partnerships). 20 points (with partnerships) 18 points (without partnerships). relating to the Department’s Strategic Plan. HUD requires NN applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form (HUD–96010) for this purpose. (2) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ‘‘Outputs’’ are the direct products of a program’s activities. Examples of PO 00000 Frm 00057 Fmt 4701 Sfmt 4703 outputs are: the number of eligible families that participate in supportive services, the number of new services provided, the number of residents, or the number of households using a technology center. Outputs should produce outcomes for your program. ‘‘Outcomes’’ are benefits accruing to the residents, families and/or communities during or after participation in the NN program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing academic achievement in E:\FR\FM\21MRBK3.000 21MRBK3 14032 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices youth, increasing residents’ financial stability (e.g. increasing assets of a household through savings), or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (3) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators that will allow applicants to measure their performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants’ narrative, business plan, and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments if performance targets begin to fall short of established benchmarks and timeframes. Applicants’ proposals must also show how they will measure the performance of partners and affiliates. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. In order to respond to this factor, applicants should use the sample performance measures located in the Appendix (HUD–52758) as a guide. Applicants will be evaluated based on how comprehensively they propose to measure their program’s outcomes; e.g. whether the Logic Model tracks activities and outcomes resulting from the proposed activities, whether the Logic Model identifies evaluation tools and sources, and whether the Logic Model provides output and outcome information for the short, medium and long-term. B. Review and Selection Process: 1. Review Process. Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the Neighborhood Networks category; whether your application submission is complete, on time and meets threshold; a review by the field office to evaluate past performance; and a technical review to rate your application based on the five rating factors provided in this NOFA. 2. Selection Process: The selection process is designed to achieve geographic diversity of grant awards throughout the country. HUD will first select the highest ranked application from each of the ten federal regions. After this ‘‘round,’’ HUD will select the second highest ranked application in each of the ten federal regions for funding (the second round). HUD will VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 continue this process with the third, fourth, and so on, highest ranked applications in each federal region until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score). In this round, selections will be made regardless of region and will fully fund as many as possible with remaining funds. If remaining funds are too small to make an award, they will be applied to funding the fiscal year 2006 Neighborhood Networks program, assuming new funding is made available. 3. Tie Scores. In the event of a tie between two applications, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have fourteen calendar days in which to provide missing information requested from HUD. For other information on correcting deficient applications, please see the General Section. VI. Award Administration Information: A. Award Notices: HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter. The letter will contain instructions and the steps they must take to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings: Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. Please refer to the General Section for additional information on debriefings. C. Administrative and National Policy Requirements: 1. Applicable Requirements. Grantees are subject to regulations and other requirements found in: a. 24 CFR 85 ‘‘Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments’’; b. 24 CFR Part 905 ‘‘The Public Housing Capital Fund Program’’; c. 24 CFR Part 968 ‘‘Public Housing Modernization’’; d. OMB Circular A–87 ‘‘Cost Principles for State, Local, and Indian Tribal Governments’’; and e. OMB Circular A–133 ‘‘Audits of States, Local Governments, and NonProfit Organizations’’. PO 00000 Frm 00058 Fmt 4701 Sfmt 4703 2. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low-income persons. 3. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors’ Labor Relations on Federal and Federally Funded Construction Projects. For further information see the General Section. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section for more information. 5. Environmental Impact. Some activities under this Neighborhood Networks program section will be excluded and not subject to environmental review under 24 CFR 58.34(a)(3), (a)(8) or (a)(9), 58.35(b)(2) or (b)(3), 50.19(b)(3), (b)(8), (b)(9), (b)(12), or (b)(13). Some will be subject to environmental review. Any applicant proposing any long-term leasing or physical development activities, and its partners, are prohibited from constructing, rehabilitating, converting, leasing, repairing or constructing property, or committing or expending HUD or non-HUD funds for these types of program activities, until the following has occurred: HUD has approved the grantee’s Request for Release of Funds (HUD Form 7015.15) following a Responsible Entity’s completion of an environmental review under 24 CFR part 58, where required, or if HUD has determined in accordance with 24 CFR 58.11 to perform the environmental review itself under 24 CFR part 50, HUD has completed the environmental review. 6. Wage Rates. Laborers and mechanics employed in the development and operation of Neighborhood Networks facilities must be paid Davis-Bacon or HUDdetermined prevailing wage rates, respectively, unless they meet the qualifications of a volunteer (see Section III.C.1.a of this program section). E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 7. Provision of Services to Individuals with Limited English Proficiency (LEP). Successful applicants and grantees must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with HUD’s LEP Recipient Guidance 68 FR 70968. 8. Communications. Successful applicants should ensure that notices of and communications during all training sessions and meetings be effective for persons who have hearing and/or visual disabilities consistent with Section 504, see 24 CFR 8.6. 9. Procurement of Recovered Materials. State agencies or a political subdivision of a state that are using assistance under a HUD program NOFA, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In addition, any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Please see the General Section for more information. D. Reporting: 1. Semi-Annual Performance Reports. Grantees shall submit semi-annual performance reports to the local HUD field office. These progress reports shall include financial reports (SF–269A) and a narrative describing milestones, business plan progress, problems encountered and methods used to address these problems. HUD anticipates that some of the reporting of financial status and grant performance VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 will be through electronic or Internetbased submissions. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their business plan. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will not be advanced until reports are received. 2. Final Report. All grantees shall submit a final report to their local field office. This reports must include a financial report (SF–269A) and a narrative evaluating overall performance against their business plan. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their business plan. The financial report shall contain a summary of all expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative and financial report shall be due to the field office 90 days after the termination of the grant agreement 3. Logic Model. For each semi-annual reporting period, you must include a completed Logic Model (Form HUD 96010), which identifies output and outcome achievements. These semiannual reporting periods are required. A completed Logic Model must also be provided with the final report showing cumulative outputs and outcomes for the entire award period. VII. Agency Contact(s) For questions and technical assistance, applicants may call the PO 00000 Frm 00059 Fmt 4701 Sfmt 4703 14033 Public and Indian Housing Information and Resource Center at 800–955–2232. For the hearing or speech impaired, please call the Federal Relay Service at 800–877–8339. VIII. Other Information A. Code of Conduct: See the General Section of the SuperNOFA for more information. B. Transfer of Funds: HUD does not have the discretion to transfer funds for the Neighborhood Networks category to or from any other grant program. C. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2577–0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average ten hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. D. Appendix of Forms: The forms specific to the Neighborhood Networks Program follow. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.184</GPH> 14034 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14035 EN21MR05.185</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.186</GPH> 14036 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14037 EN21MR05.187</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.188</GPH> 14038 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14039 EN21MR05.189</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.190</GPH> 14040 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14041 EN21MR05.191</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.192</GPH> 14042 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14043 EN21MR05.193</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.194</GPH> 14044 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14045 EN21MR05.195</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.196</GPH> 14046 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14047 EN21MR05.197</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.198</GPH> 14048 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14049 EN21MR05.199</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.200</GPH> 14050 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14051 EN21MR05.201</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.202</GPH> 14052 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14053 EN21MR05.203</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.204</GPH> 14054 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Resident Service Delivery ModelsFamily, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services Under the Resident Opportunity and Self-Sufficiency (ROSS) Program Overview Information A. Federal Agency Name: U.S. Department of Housing and Urban Development, Office of Public and Indian Housing. B. Funding Opportunity Title: Resident Service Delivery ModelsFamily, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services under the Resident Opportunity and Self-Sufficiency (ROSS) program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR–4950–N–22. The OMB approval number is: 2577–0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Resident Opportunity and Self Sufficiency, 14.870. F. Dates: Resident Service Delivery Models-Elderly/Persons with Disabilities: The application submission date is July 6, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. Resident Service Delivery ModelsFamily: The application submission date is July 25, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. Homeownership Supportive Services: The application submission date is May 26, 2005. Please see the General Section of the SuperNOFA for application submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Public and Indian Housing Resident Opportunity and Self Sufficiency (ROSS) program is to provide grants to public housing agencies (PHAs), tribes/ tribally designated housing entities (TDHEs), Resident Associations (RAs), and nonprofit organizations, including grassroots, faith-based and other community-based organizations for the delivery and coordination of supportive services and other activities designed to help public and Indian housing residents attain economic selfsufficiency and elderly residents and residents with disabilities continue to live independently. 2. Funding Available: A total of approximately $58.1 million is available for ROSS in fiscal year 2005. 3. Award Amounts: Awards, depending on the grant category, unit count and type of grantee, will range from $125,000 to $1,000,000. Please see each program description for more specific information about funding amounts. 14055 4. Eligible Applicants: Eligible applicants are PHAs; tribes/TDHEs; nonprofit organizations including grassroots faith-based and other community-based organizations that have resident support or the support of tribes; RAs; resident councils (RCs); resident organizations (ROs); City-Wide Resident Organizations (CWROs); Intermediary Resident Organizations (IROs); Jurisdiction-Wide Resident Organizations; Regional Resident Organizations; Resident Management Corporations (RMCs); Site-Based Resident Organizations; Statewide Resident Organizations (SRO); and Tribal/TDHE resident groups. The term ‘‘resident association’’ or ‘‘RA’’ will be used to refer to all types of eligible resident organizations. Please see the section on ‘‘Definition of Terms’’ for a complete definition of each type of eligible resident organization. Resident Associations are not eligible for the Homeownership Supportive Services program. See each program for more specific eligibility information. 5. Cost Sharing/Match Requirement: At least 25 percent of the requested grant amount is required as a match. The match may be in cash and/or inkind donations. The match is a threshold requirement. 6. Grant term: The grant term for each funding category is three years from the execution date of the grant agreement. Grant program Total funding Eligible applicants Maximum grant amount Resident Service Delivery Models—Family ..... $22.9 million ............... PHAs .......................... ................................ ................................ Resident Associations Non-profit entities ....... ................................ Tribes/TDHEs ............. $16.27 million ............. PHAs .......................... ................................ ................................ Resident Associations Non-profit entities ....... ................................ Tribes/TDHEs ............. $18.9 million ............... PHAs .......................... $250,000 for PHAs with 1–780 units. $350,000 for PHAs with 781–2,500 units. $500,000 for PHAs with 2,501–7,300 units. $1,000,000 for PHAs with 7,301 or more units. $125,000. $125,000 per RA; Maximum award is $375,000. $250,000 for Tribes with 1–780 units. $350,000 for Tribes with 781–2,500 units. $500,000 for Tribes with 2,501–7,300 units. $1,000,000 for Tribes with 7,301 or more units. $250,000 for PHAs with 1–217 units. $350,000 for PHAs with 218–1,155 units. $450,000 for PHAs with 1,156 or more units. $125,000. $125,000 per RA; Maximum award is $375,000. $250,000 for Tribes with 1–217 units. $350,000 for Tribes with 218–1,155 units. $450,000 for Tribes with 1,156 or more units. $250,000 for PHAs with 1–780 units. $350,000 for PHAs with 781–2,500 units. $500,000 for PHAs with 2,501–7,300 units. $1,000,000 for PHAs with 7,301 or more units. Resident Service Delivery Models—Elderly and Persons with Disabilities. Homeownership Supportive Services .............. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4703 E:\FR\FM\21MRBK3.000 21MRBK3 14056 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Grant program Total funding A. Resident Services Delivery ModelsFamily (RSDM-Family): The purpose is to provide funding to assist PHAs, tribes/TDHEs, RAs, nonprofit organizations which include grassroots community based organizations, inclusive of faith-based organizations, create programs which will help residents achieve economic selfsufficiency. Applicants must submit proposals that will link residents with services such as job training and educational opportunities that facilitate self-sufficiency. B. Resident Services Delivery ModelsElderly/Persons with Disabilities (RSDM-Elderly): This category is intended to provide PHAs, Indian tribes/TDHEs, RAs, and nonprofit organizations with the resources to provide and coordinate supportive services that will help elderly and/or disabled Public and Indian Housing residents continue to live independently. C. Homeownership Supportive Services (HSS): The HSS category provides funds for PHAs, tribes/TDHEs, and qualified nonprofit organizations to deliver homeownership training, counseling and supportive services for residents of Public and Indian housing who are participating or have participated in self-sufficiency programs, such as ROSS, Public Housing Family Self-Sufficiency (FSS) or other federal, state, or local selfsufficiency programs. HSS is designed to enhance other self-sufficiency efforts by providing public housing residents with the necessary preparation and supportive services they need in order to move from subsidized rental housing to homeownership. PHAs, tribes/ TDHEs, and nonprofit organizations specializing in homeownership training and counseling are eligible to apply. D. Definition of Terms: 1. City-Wide Resident Organization consists of members from Resident Councils, Resident Management Corporations, and Resident Organizations who reside in public housing developments that are owned VerDate jul<14>2003 20:01 Mar 18, 2005 Jkt 205001 Non-profit entities ....... ................................ I. Funding Opportunity Description Maximum grant amount ................................ Full Text of Announcement Eligible applicants Tribes/TDHEs ............. $125,000 per RA; Maximum award is $375,000. $250,000 for Tribes with 1–780 units. $350,000 for Tribes with 781–2,500 units. $500,000 for Tribes with 2,501–7,300 units $1,000,000 for Tribes with 7,301 or more units. and operated by the same PHA within a city. 2. Community Facility means a nondwelling structure that provides space for multiple supportive services for the benefit of public or Indian housing residents and others eligible for the services provided. Supportive services may include but are not limited to: a. Job-training; b. After-school activities for youth; c. Neighborhood Networks (formerly Twenty/20 Education Communities (TECs), Campus of Learners activities); d. English as a Second Language (ESL) classes; and e. Child care. 3. Contract Administrator means an overall grant administrator or a financial management agent (or both) that oversees the implementation of the grant and/or the financial aspects of the grant. (See the ‘‘Program Requirements’’ and ‘‘Threshold Requirements’’ sections for more information.) 4. Elderly person means a person who is at least 62 years of age. 5. Jurisdiction-Wide Resident Organization means an incorporated nonprofit organization or association that meets the following requirements: a. Most of its activities are conducted within the jurisdiction of a single housing authority; b. There are no incorporated resident councils or resident management corporations within the jurisdiction of the single housing authority; c. It has experience in providing startup and capacity-building training to residents and resident organizations; and d. Public housing residents representing unincorporated resident councils within the jurisdiction of the single housing authority must comprise a majority of the board of directors. 6. Tribally Designated Housing Entity (TDHE) is an entity authorized or established by one or more Indian tribe to act on behalf of each such tribe authorizing or establishing the housing entity. 7. Indian Tribe means any tribe, band, nation, or other organized group of a community of Indians, including any Alaska native village, regional, or village corporation as defined in or established PO 00000 Frm 00082 Fmt 4701 Sfmt 4703 pursuant to the Alaska Native Claims Settlement Act, and that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self Determination and Education Act of 1975. 8. Intermediary Resident Organizations means jurisdiction-wide resident organizations, citywide resident organizations, statewide resident organizations, regional resident organizations, and national resident organizations. 9. NAHASDA-assisted resident means a resident of a tribe (as defined above) who has been assisted by the Native American Housing Assistance and SelfDetermination Act (NAHASDA) of 1996 . 10. National Resident Organization (NRO) is an incorporated nonprofit organization or association for public housing that meets each of the following requirements: a. It is national (i.e., conducts activities or provides services in at least two HUD areas or two states); b. It has the capacity to provide startup and capacity-building training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the country are members of the board of directors. 11. Nonprofit organization is an organization that is exempt from federal taxation. A nonprofit organization can be organized for the following purposes: charitable, religious, educational, scientific, or other similar purposes in the public interest. In order to qualify, an organization must be a corporation, community chest, fund, or foundation. An individual or partnership will not qualify. To obtain nonprofit status, qualified organizations must file an application with the Internal Revenue Service (IRS) and receive designation as such by the IRS. For more information, go to www.irs.gov. Applicants who are in the process of applying for nonprofit status, but have not yet received nonprofit designation from the IRS, will not be considered nonprofit organizations. All nonprofit applicants E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. Please see the section on ‘‘Threshold Requirements’’ for more information. Nonprofit applicants must also provide letters of support as described in the ‘‘Threshold Requirements’’ section. 12. National nonprofit organizations work on a national basis and have the capacity to mobilize resources on both a national and local level. All nonprofit applicants must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. National nonprofit applicants must also provide letters of support as outlined in the ‘‘Threshold Requirements’’ section. 13. Past Performance is a threshold requirement. Using Rating Factor 1, HUD’s field offices will evaluate applicants for past performance to determine whether an applicant has the capacity to manage the grant for which they are applying. The area Office of Native American Programs (ONAP) will review past performance for tribal/ TDHE submissions. Field offices will evaluate the past performance of contract administrators for applicants required to have a contract administrator. 14. Person with disabilities means a person who: a. Has a condition defined as a disability in section 223 of the Social Security Act; or b. Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act. The term ‘‘person with disabilities’’ does not exclude persons who have acquired immunodeficiency syndrome (HIV/AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of eligibility for lowincome housing, solely on the basis of any drug or alcohol dependence. The definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 15. Project Coordinator is responsible for coordinating the grantee’s approved activities to ensure that grant goals and objectives are met. A qualified project coordinator is someone with experience managing projects and preferably has experience working with supportive services. The project coordinator and grantees are responsible for ensuring that all federal requirements are followed. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 16. Resident Association (RA) means any or all of the forms of resident organizations as they are defined elsewhere in this Definitions section and includes Resident Councils (RC), Resident Management Corporations (RMC), Regional Resident Organizations (RRO), Statewide Resident Organizations (SRO), Jurisdiction-Wide Resident Organizations, and National Resident Organizations (NRO). The NOFA will use ‘‘Resident Association’’ or ‘‘RA’’ to refer to all eligible types of resident organizations. See 24 CFR 964.115 for more information. 17. Regional Resident Organization (RRO) means an incorporated nonprofit organization or association for public housing that meets each of the following requirements: a. The RRO is regional (i.e., not limited by HUD Areas); b. The RRO has experience in providing start-up and capacity-building training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the region must comprise the majority of the board of directors. 18. Resident Management Corporation (RMC) means an entity that proposes to enter into, or enters into a contract to conduct one or more management activities of a PHA and meets the requirements of 24 CFR 964.120. 19. Resident Organization (RO) for tribal entities means an incorporated or unincorporated nonprofit tribal organization or association that meets each of the following criteria: a. It shall consist of residents only, and only residents may vote; b. If it represents residents in more than one development or in all of the developments of the tribal/TDHE community, it shall fairly represent residents from each development that it represents; c. It shall adopt written procedures providing for the election of specific officers on a regular basis; and d. It shall have an elected governing board. 20. Secretary means the Secretary of Housing and Urban Development. 21. Site-Based Resident Associations means resident councils or resident management corporations representing a specific public housing development. 22. Statewide Resident Organization (SRO) is an incorporated nonprofit organization or association for public housing that meets the following requirements: a. The SRO is statewide; b. The SRO has experience in providing start-up and capacity-building PO 00000 Frm 00083 Fmt 4701 Sfmt 4703 14057 training to residents and resident organizations; and c. Public housing residents representing different geographical locations in the state must comprise the majority of the Board of Directors. 23. Tribal/TDHE Resident Group means tribal/TDHE resident groups that are democratically elected groups such as IHA-wide resident groups, area-wide resident groups, single development groups, or resident management corporations (RMCs). E. Regulations Governing the ROSS Grant: Resident Service Delivery Models-Family, Resident Service Delivery Models-Elderly/Persons with Disabilities, and Homeownership Supportive Services are governed by 24 CFR Part 964. II. Award Information A. Information for All Grant Categories and All Applicants 1. Grant Period. Three years. The grant period shall begin the day the grant agreement and the form HUD– 1044, ‘‘Assistance Award/Amendment’’ are signed by both the grantee and HUD. 2. Grant Extensions. Requests to extend the grant term beyond the originally established grant term must be submitted in writing by the grantee to the local HUD field office or area ONAP at least 90 days prior to the expiration of the grant term. Requests must explain why the extension is necessary, what work remains to be completed, and what work and progress was accomplished to date. Extensions may be granted only once by the field office for a period not to exceed six months. 3. Type of Award. Grant agreement. 4. Subcontracting. Subcontracting is permitted. Grantees must follow federal procurement regulations found in HUD regulations at 24 CFR 84.40–84.48 and 24 CFR 85.36. B. Resident Services Delivery Models— Family 1. Total Funding. The Department expects to award $22,950,000 ($15,000,000 appropriated and $7,950,000 of carryover) under this category. Awards will be made as follows: a. PHAs must use the number of occupied conventional family public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate on the Fact Sheet the number of units under their Annual Contributions Contract. E:\FR\FM\21MRBK3.000 21MRBK3 14058 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Number of conventional units 1–780 units ........................... 781–2,500 units .................... 2501–7,300 units .................. 7,301 or more units .............. Maximum funding $250,000 350,000 500,000 1,000,000 b. The maximum grant award is $125,000 for each RA. c. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, tribes/TDHEs and they may also submit letters from one or more of the following: Resident Advisory Boards (RABs), local civic organizations, or units of local government. NOTE: All nonprofit applicants that do not include letters of support from RAs must include a letter of support from PHAs or tribes/TDHEs (please see Threshold Requirements for more information). Funding for nonprofit applicants that do not receive letters of support from RAs will be determined as follows (support letters from PHAs must indicate the developments to be served by the nonprofit organization as well as the number of occupied conventional family public housing units in those developments): Tribes should clearly indicate the number of units under management on the Fact Sheet. C. Resident Services Delivery Models— Elderly/Persons with Disabilities 1. Total Funding. The Department expects to award $16,272,000 (10,672,000 appropriated and 5,600,000 of carryover funds) under this category. Awards will be made as follows: a. PHAs must use the number of occupied elderly and disabled conventional public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate the number of units under their Annual Contributions Contract on the Fact Sheet. Number of conventional units 1–217 units ........................... 218–1,155 units .................... 1,156 or more units .............. 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4703 1,156 or more units .............. Maximum funding 375,000 Applicants should see the General Section of the SuperNOFA for instructions on submitting support letters and other documentation with their electronic application. d. Tribes/TDHEs should use the number of units counted as Formula Current Assisted Stock for Fiscal Year 2004 as defined in 24 CFR 1000.316. Tribes/TDHEs are eligible for the same amounts as PHAs within each category in (a) above. Tribes that have not previously received funds from the Department under the 1937 Housing Act should count housing units under management that are owned and operated by the Tribe and are identified in their housing inventory as of Maximum funding September 30, 2004, for elderly/disabled units. Tribes should clearly indicate the $250,000 number of units under management on 350,000 the Fact Sheet. 450,000 b. The maximum grant award is $125,000 for each RA. c. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, Maximum Number of conventional units funding tribes/TDHEs and they may also submit letters of support from one or more of 1–2,500 units ........................ $125,000 the following: Resident Advisory Boards 2501–7,300 units .................. 250,000 (RABs), local civic organizations, or 7,301 or more units .............. 375,000 units of local government. Note: All nonprofit applicants that do not include Applicants should see the General letters of support from RAs must Section of the SuperNOFA for include a letter of support from PHAs or instructions on submitting support tribes/TDHEs (please see Threshold letters and other documentation with Requirements for more information). their electronic application. Funding for nonprofit applicants that d. Tribes/TDHEs should use the do not receive letters of support from number of units counted as Formula RAs will be determined as follows Current Assisted Stock for Fiscal Year (support letters from PHAs must 2004 as defined in 24 CFR 1000.316. indicate the developments to be served Tribes/TDHEs are eligible for the same by the nonprofit organization as well as amounts as PHAs within each category the number of occupied conventional in (a) above. Tribes that have not elderly/disabled public housing units in previously received funds from the Department under the U.S. Housing Act those developments): of 1937 should count housing units Maximum Number of conventional units under management that are owned and funding operated by the Tribe and are identified in their housing inventory as of 1–217 units ........................... $125,000 September 30, 2004, for family units. 218–1,155 units .................... 250,000 VerDate jul<14>2003 Number of conventional units D. Homeownership Supportive Services 1. Total Funding. The Department expects to award $18,900,000 ($12,400,000 appropriated and $6,500,000 of carryover funds) under this category. Awards will be made as follows: a. PHAs must use the number of occupied conventional family public housing units as of September 30, 2004, per their budget to determine the maximum grant amount they are eligible for in accordance with the categories listed below. PHAs should clearly indicate the number of units under their Annual Contributions Contract on the Fact Sheet. Number of conventional units 1–780 units ........................... 781–2,500 units .................... 2501–7,300 units .................. 7,301 or more units .............. Maximum funding $250,000 350,000 500,000 1,000,000 b. Nonprofit organizations that have resident support or the support of tribes or RAs are limited to $125,000 for each RA. A nonprofit organization may submit a single application for no more than three different RAs from the same PHA for a maximum grant award of $375,000. Nonprofit organizations may submit more than one application provided they target residents of distinct PHAs or tribes/TDHEs. In cases where nonprofit applicants are not able to obtain support from RAs, they must obtain letters of support from PHAs, tribes/TDHEs and they may also submit letters of support from one or more of E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the following: Resident Advisory Boards (RABs), local civic organizations, or units of local government. Note: All nonprofit applicants that do not include letters of support from RAs must include a letter of support from PHAs or tribes/TDHEs (please see Threshold Requirements for more information). Funding for nonprofit applicants that do not receive letters of support from RAs will be determined as follows (support letters from PHAs must indicate the developments to be served by the nonprofit as well as the number of occupied conventional family public housing units in those developments): Number of conventional units 1–2,500 units ........................ 2501–7,300 units .................. 7,301 or more units .............. B. Cost Sharing or Matching Information for All Grant Categories and All Applicants: The match is a threshold requirement. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further Maximum funding consideration for funding. Please see the section below on threshold $125,000 requirements for more information on 250,000 what is required for the match. 375,000 RAs are not eligible to apply for funding under the HSS category. Applicants should see the General Section of the SuperNOFA for instructions on submitting support letters and other documentation with their electronic application. c. Tribes/TDHEs should use the number of units counted as Formula Current Assisted Stock for Fiscal Year 2004 as defined in 24 CFR 1000.316. Tribes/TDHEs are eligible for the same amounts as PHAs within each category in (a) above. Tribes that have not previously received funds from the Department under the U.S. Housing Act of 1937 should count housing units under management that are owned and operated by the Tribe and are identified in their housing inventory as of September 30, 2004, for family units. Tribes should clearly indicate the number of units under management on the Fact Sheet. III. Eligibility Information A. Eligible Applicants 1. RSDM—Family. This funding category provides grants to PHAs, tribes/TDHEs, RAs, and nonprofit organizations supported by resident organizations or PHAs, tribes/TDHEs, and RABs, local civic organizations or units of local government. 2. RSDM—Elderly/Persons with Disabilities. This funding category provides grants to PHAs, tribes/TDHEs, RAs, and nonprofit organizations supported by resident organizations or PHAs, tribes/TDHEs and RABs, local civic organizations or units of local government. PHAs that are recipients of the Elderly/Disabled renewal Service Coordinator grant are not eligible to apply for this ROSS funding category. VerDate jul<14>2003 16:51 Mar 18, 2005 3. Homeownership Supportive Services. This funding category provides grants to PHAs, tribes/TDHEs and qualified nonprofit organizations that have the support of resident organizations or PHAs, tribes/TDHEs and RABs, local civic organizations or units of local government. Resident Associations are not eligible to apply for funding under this category. Jkt 205001 C. Other 1. Eligible Activities a. RSDM—Family. HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in improved economic self-sufficiency for Public and Indian housing residents. HUD is looking for proposals that involve partnerships with organizations that will enhance grantees’ ability to provide educational programs, housing counseling, including fair housing counseling, job training and other supportive services for residents. All applicants must complete a work plan (see sample work plans on HUD’s Web site at https://www.hud.gov/offices/adm/ grants/fundsavail.cfm) covering the three-year grant term. The eligible activities are listed in four categories, from basic to advanced: Life-Skills Training; Job Training, Job Search and Placement Assistance; Post Employment Follow-up; and finally, Activities to Support Career Advancement and Long-term Economic Self-Sufficiency. Applicants are not limited to choosing one category of activity, but rather should design their programs to address the specific needs of the population they are targeting. Applicants are encouraged to pull from all categories and activities listed. Funds may be used for the activities described below. (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator must have at least two years of experience managing programs and should have experience working on supportive services programs. The project coordinator should be hired for the entire three-year term of the grant. The project coordinator is responsible for: PO 00000 Frm 00085 Fmt 4701 Sfmt 4703 14059 (a) Marketing the program to residents; (b) Assessing participating residents’ skills and job-readiness; (c) Assessing participating residents’ needs for supportive services, e.g., child care, transportation costs, etc. (d) Assisting a tribe or TDHE to create a resident group to promote selfsufficiency efforts on the reservation; (e) Designing and coordinating grant activities based on residents’ needs and the local labor market; and (f) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received training through this program. For more information on how to measure performance, please see Rating Factor 5 in the ‘‘Application Review Information’’ section of this NOFA. (2) Life-skills Training (for Youth and Adults). Applicants’ proposals can cover the following types of activities: (a) Credit. The importance of having good credit and how to maintain good credit. (b) Banking and Money Management. How to open a bank account; balance a checkbook; create a weekly spending budget and establish contingency plans for child care and transportation, etc. (c) Real Life Issues. Information on tax forms; voter registration; leases; car insurance; health insurance; long-term care insurance; etc. (d) Literacy training and GED preparation. (e) College preparatory courses and information. (f) Goal setting. (g) Mentoring. (h) Hiring residents to help with the implementation of this grant program. NOTE: Stipends and salaries serve different purposes. Resident salaries can only be used to hire residents to help grant program staff with the implementation of grant activities. (3) Job Training, Job Search and Placement Assistance. Eligible activities include: (a) Skills Assessment of participating residents. (b) Applying for a job. How to complete employment forms; highlighting skills employers are looking for; researching job opportunities in the area; calculating net wages. (c) Soft skills training including problem solving and other cognitive skills; oral and written communication skills; workplace norms (appropriate dress, punctuality, respectful communication, etc.), work ethic; interpersonal and teamwork skills. E:\FR\FM\21MRBK3.000 21MRBK3 14060 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (d) Creating job training and placement programs. (e) Resume writing. (f) Interviewing techniques. (g) Employer linkage and job placement. Working with local employers and job placement providers to design and offer training that addresses local employers’ needs, create a job placement program that refers trained residents to participating employers and other local area employers. (h) Career advancement and planning programs. Such programs should be designed to: (i) Career goal setting; (ii) Provide strategies such as finding a strong professional mentor within an organization residents may be working for and focusing on the organization’s priorities. (iii) Reinforce welfare-to-work programs and focus efforts on increasing residents’ earning capacity. Activities can include job counseling, helping residents secure better paying jobs or jobs in better work environments, preparing for work in a new job category, obtaining additional job skills and other job-related or educational training. (iv) Working with local employers, to create opportunities that combine education and skills training with jobs. Strategies that promote work-based learning can offer the most effective method for giving new workers the tools they need to move on to a career ladder and achieve upward mobility. (4) Post-employment follow-up. After placing residents in jobs, providing follow-up and ongoing support to newly hired residents can have a significant positive impact on long-term job retention. (5) Activities To Support Career Advancement and Long-term Economic Self-Sufficiency. (a) Individual Savings Accounts (ISAs). Applicants may create programs that encourage residents to save and contribute to match savings accounts such as Individual Development Accounts (IDAs). The programs should include financial counseling and education activities. ISAs may only be used for three purposes: (1) To purchase a first home that is existing or under construction when the purchase contract is signed; (2) to receive postsecondary education or training; or (3) to start a local business (other than acquiring, leasing, constructing, or rehabilitating real property in connection with the business). Applicants are encouraged to leverage RSDM funds by working with local financial organizations, which can also VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 contribute to residents’ ISAs. FSS escrow accounts may not be used as a match for RSDM-funded ISAs. Grantees shall consult the Internal Revenue Service regarding possible tax consequences of the ISAs to participating residents. (b) Housing Counseling. This can include information to help residents move to market rate rental housing and/ or ‘‘pre-purchase’’ homeownership counseling and training. This may include training on such subjects as credit and financial management; credit repair; housing search; how to finance the purchase of a home; fair housing; Individual Savings Accounts, Real Estate Settlement Procedures Act (RESPA); and home maintenance. (6) Stipends. Stipends are an eligible use of grant funds. Stipends may be used for reasonable out-of-pocket costs. Stipends may be used to reimburse such things as local transportation to and from job training and job interviews, supplemental educational materials, and child care expenses. Stipends must be tied to residents’ successful performance and regular attendance. (7) Hiring of Residents. Grant funds may also be used to hire a resident(s) as program staff. (8) Supportive Services. (a) After school programs for schoolage children to include tutoring, remedial training, educational programming using computers. (b) Provision of information on the Earned Income Tax Credit Program, Food Stamps, Child Tax Credit Program, Medicaid, the State Child Health Insurance Program (S–CHIP), Student Loan Interest Deduction, tribal welfare programs, and other benefit programs that can assist individuals and families make a successful transition from welfare to work. (c) Transportation costs as necessary to enable participating families to receive services or commute to training or employment. (d) Child-care provision for ROSS– RSDM—Family program participants. (e) Parenting courses. (f) Nutrition courses. (g) Health care information and services including referrals to mental health providers, alcohol and other drug abuse treatment programs. (h) English as a second language (ESL) classes. (i) Creating and maintaining linkages to local social service agencies, such as employment agencies, health departments, transportation agencies, economic/community development agencies, community colleges, recreational and cultural services, and other community organizations such as PO 00000 Frm 00086 Fmt 4701 Sfmt 4703 Boys & Girls Clubs, 4H–Clubs, Boy Scouts, Girl Scouts, etc. b. RSDM—Elderly/Persons with Disabilities HUD is looking for applications that implement comprehensive programs within the three-year grant term, which will result in improved living conditions for the elderly/persons with disabilities population. HUD is also looking for proposals that involve partnerships with organizations that will help grantees provide enhanced services to the elderly/persons with disabilities they will serve. All applicants must complete a work plan covering the three-year grant term. Proposed grant activities should build on the foundation created by previous ROSS grants or other federal, state, and local efforts to assist this population. Eligible activities include the following: (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator should have at least two years of experience managing programs and have experience working with supportive services. The project coordinator is responsible for: (a) Assessing participating residents’ needs for supportive services (e.g., Medicaid, Medicare, physician care, food stamps, rehabilitation services, veterans disability, state-funded programs such as nurse case management, housekeeping, Meals-onWheels; transportation etc.); (b) Designing and coordinating grant activities based on residents’ needs; (c) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received assistance through this program. For more information on how to measure performance, please see Rating Factor 5 in the ‘‘Application Review Information’’ section of this NOFA. (2) Coordination and set up of meal services; (3) Coordination and set-up of transportation services; (4) Wellness programs including, health and nutrition programs, preventive health education, referral to rehabilitation services, and services for the disabled and other community resources; (5) Personal emergency response; (6) Congregate services—includes supportive services that are provided in a congregate setting at a conventional public housing development; and (7) Case management. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices c. Homeownership Supportive Services HUD is looking for applications that implement comprehensive programs within the three year grant term which will result in increased rates of homeownership for residents of Public and Indian housing. Applicants should create linkages with HUD homeownership programs such as: the Housing Choice Voucher Homeownership Program, the PHA Homeownership Program also known as Section 32 (formerly the Section 5(h) Homeownership Program) and homeownership programs and resources offered by other organizations or state or local homeownership programs. Tribes/TDHEs should create linkages with programs such as the Mutual Help Homeownership Opportunity Program, the Section 184 Program, and homeownership programs developed under the Indian Housing Block Grant Program such as mortgage assistance. All applicants must complete a work plan (see sample work plans on HUD’s web site at https://www.hud.gov/offices/ adm/grants/fundsavail.cfm) covering the three-year grant term. HUD is also looking for proposals that involve partnerships with organizations that will enhance the services grantees will offer. Applicants are strongly encouraged to partner with HUD– approved housing counseling agencies. For a list of HUD–approved housing counseling agencies, go to: https:// www.hud.gov/offices/hsg/sfh/hcc/ hccprof14.cfm. Applicants’ programs should build on the foundation created by previous ROSS grants, or other state and local self-sufficiency efforts in which their target population may have participated. Under this funding category, applicants must develop homeownership training programs for the residents they intend to serve. Eligible activities include the following: (1) Hiring of a qualified project coordinator to run the grant program. A qualified project coordinator must have experience working on homeownership programs designed for typically underserved populations. The project coordinator is responsible for: (a) Assessing participating residents’ needs; (b) Designing and coordinating grant activities based on residents’ needs; (c) Monitoring the progress of program participants and evaluating the overall success of the program. A portion of grant funds should be reserved to ensure that evaluations can be completed for all participants who received assistance through this program. For more information on how VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 to measure performance, please see Rating Factor 5 in the ‘‘Application Review Information’’ section of this NOFA. (2) Training to include: (a) Asset building; (b) Credit counseling and credit scoring; (c) Financial literacy and management; (d) Selecting a real estate broker; (e) Choosing a lender; (f) Appraisals; (g) Home inspections; (h) Avoiding delinquency and predatory lending; (i) Foreclosure prevention; (j) Home maintenance and financial management for first-time homeowners; (k) Real Estate Settlement Procedures Act (RESPA); and (l) Fair Housing Counseling. (3) Individual Savings Accounts (ISAs). You may create programs that encourage residents to save and contribute to match savings accounts such as Individual Development Accounts (IDAs). ISAs may be used only for (a) Escrow accounts, (b) down payment assistance and (c) closing costs to assist the resident to purchase an existing dwelling unit or a dwelling unit under construction. You are encouraged to leverage HSS funds by working with local financial organizations, which can also contribute to residents’ ISAs. FSS escrow accounts may not be used as a match for HSS–funded ISAs. FSS residents are not eligible to participate in the ISA provision. 2. Threshold Requirements. The criteria below apply to all grant categories and all applicants unless otherwise indicated: Applicants must respond to each threshold requirement clearly and thoroughly by following the instructions below. If your application fails one threshold requirement (regardless of the type of threshold) it will be considered a failed application and will not receive consideration for funding. a. Match. All applicants are required to have in place a firmly committed 25 percent match in cash or in-kind donations as defined in this NOFA. Joint applicants must together have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail this threshold requirement and will not receive further consideration for funding. If you are applying for more than one ROSS grant, you must use different sources of match donations for each grant application and you must indicate which additional ROSS grant(s) you are applying for by attaching an additional page to HUD budget form 424–CBW stating the PO 00000 Frm 00087 Fmt 4701 Sfmt 4703 14061 sources and amounts of each of your match contributions for this application as well as any other HUD programs to which you are applying. Match donations must be firmly committed which means that the amount of match resources and their dedication to ROSS– funded activities must be explicit, in writing, and signed by a person authorized to make the commitment. Letters of commitment, memoranda of understanding (MOU), or tribal resolution must be on organization letterhead, and signed by a person authorized to make the stated commitment whether it be in cash or inkind services. The letters of commitment/MOUs/tribal resolutions must indicate the total dollar value of the commitment and be dated within two months of the application deadline, and indicate how the commitment will relate to the proposed program. The commitment should be available at time of award. Applicants proposing to use their own, non-ROSS grant funds to meet the match requirement in whole or in part, must also include a letter of commitment indicating the type of match (cash or in-kind) and how the match will be used. Please see the General Section of the SuperNOFA for instructions for submitting the required letters with your electronic application. Leveraging in excess of the 25 percent of the grant amount will receive a higher point value. (1) Volunteer time and services shall be computed by using the normal professional rate for the local area or the national minimum wage rate of $5.15 per hour (Note: applicants may not count their staff time toward the match); (2) In order for HUD to determine the value of any donated material, equipment, staff time, building, or lease, your application must provide a letter from the organization making the donation stating the value of the contribution. (3) Other resources/services that can be committed include: in-kind services such as contributions of administrative services provided to the applicant; funds from federal sources (not including ROSS funds) as allowed by statute, including for example Community Development Block Grant (CDBG); funds from any state or local government sources; and funds from private contributions. Applicants may also partner with other program funding recipients to coordinate the use of resources in the target area. b. Past Performance. HUD’s field offices will evaluate data provided by applicants as well as applicants’ past performance to determine whether applicants have the capacity to manage E:\FR\FM\21MRBK3.000 21MRBK3 14062 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the grant for which they are applying. The area Offices of Native American Programs (ONAP) will review past performance for tribal and TDHE submissions. Field offices will evaluate the contract administrators’ past performance for applicants required to have a contract administrator. In evaluating past performance HUD will look at the applicant’s record of completing grant activities on time, within budget and the results achieved. Using Rating Factor 1, the field office/ area ONAP will evaluate applicants’ past performance. Applicants should carefully review Rating Factor 1 to ensure their application addresses each of the criteria requested therein. If applicants fail to address what is requested in Rating Factor 1, their application will fail this threshold and will not receive further consideration. c. Contract Administrator Partnership Agreement. All nonprofit applicants, all resident organizations, and PHAs that are troubled at time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. Grant awards shall be contingent upon having a signed partnership agreement included in your application. Applicants required to have a Contract Administrator Partnership Agreement that fail to submit one will fail this threshold requirement and will not receive further consideration for funding. Please see the General Section of the SuperNOFA for instructions for submitting the required information with your electronic application. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants with preparing their ROSS applications are also ineligible to be contract administrators. For more information on contract administrators, see the section ‘‘Program Requirements.’’ d. Letters of Support for Nonprofit Applicants. (1) All nonprofit applicants must include letters of support from resident associations (RAs), Resident Advisory Boards (RABs), local civic organizations, or units of local government. In the event that RAs are inactive, or that applicants submit letters of support from other organizations such as RABs, nonprofit applicants must also submit letters from PHAs or tribes/TDHEs indicating support for their application. All letters of support must be signed by an authorized representative of the supporting organization and dated within two months of the application deadline. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (2) Nonprofit applicants that do receive support from resident associations must submit form HUD– 52754 ‘‘List of Resident Associations Supporting Nonprofit Applicants.’’ Submitting this form is not applicable where RAs are inactive or where applicants do not submit letters of support from RAs. (3) In cases where nonprofit organizations are applying to serve tribes/TDHEs, nonprofit applicants must submit letters of support from tribes/ TDHEs. Nonprofit organizations must also use form HUD–52754 to list which tribes/TDHEs support their application. (4) Letters of support from RAs must describe to what extent they are familiar with the nonprofit applicant and indicate their support and understanding of the nonprofit organization’s proposal/application. Letters from RAs must include contact information and the name and title of the person authorized to sign for the organization and should, whenever possible, be on RA letterhead. (5) Letters of support from RABs must describe to what extent the RAB is familiar with the nonprofit applicant and indicate its support and understanding of the nonprofit organization’s proposal/application. Letters from RABs must include contact information and the name and title of the person authorized to sign for the organization, and should be on RAB or PHA letterhead. (6) Letters of support from civic organizations or units of local government must describe to what extent they are familiar with the nonprofit applicant and which programs the nonprofit applicant has operated or managed in the community that are similar to the applicant’s proposal. Such letters of support must include contact information and the name and title of the person authorized to sign for the organization. The letter should be on organization letterhead. (7) All nonprofit applicants that do not provide letters of support from resident associations must provide letters of support from PHAs or tribes/ TDHEs with jurisdiction over the developments the applicant proposes to serve. Letters from PHAs or tribes/ TDHEs must describe the extent to which the nonprofit applicant is familiar with the needs of the community to be served, which programs the nonprofit applicant has operated or managed in the community that are similar to the applicant’s proposal, and whether the nonprofit organization has the capacity to implement its proposed program. PO 00000 Frm 00088 Fmt 4701 Sfmt 4703 Letters from PHAs or tribes/TDHEs must also list the names of the developments to be served, the number of occupied conventional family or elderly/disabled public housing units (depending on the grant category) in those developments, certify that the units are conventional public housing, and identify the ROSS grant category to which the nonprofit organization is applying. PHA or tribe/ TDHE letters of support must be signed by the Executive Director, tribal leader, or authorized designee and must be on PHA or tribe/TDHE letterhead. Please see the General Section of the SuperNOFA for instructions for submitting the required letters with your electronic application. (8) Applications from nonprofit organizations, which do not submit the information requested in this section will fail this threshold requirement and will not be considered for funding. e. Nonprofit status. All nonprofit applicants must submit their IRS determination letter to prove their nonprofit (e.g., 501(c)(3)) status. Applicants that fail to submit this letter will fail this threshold requirement and will not be considered for funding. Please see the General Section of the SuperNOFA for instructions for submitting the required documentation with your electronic application. f. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. g. Funding Requests in Excess of Maximum Grant Amount. Applicants that request funding in excess of the maximum grant amount which they are eligible to receive will not receive funding consideration. h. Performance Standards for PHA Applicants to the Homeownership Supportive Services Program (applicable only to PHAs). PHA applicants to the Homeownership Supportive Services program that administer a Homeownership Voucher Program will be required to provide Homeownership Vouchers per year, according to the minimum amounts listed in the table below, to eligible families who successfully complete training under the Homeownership Supportive Services grant program. Additionally, applicants must commit to enrolling public housing residents in their homeownership supportive services program in accordance with the amounts listed in the table printed immediately below. E:\FR\FM\21MRBK3.000 21MRBK3 14063 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Maximum funding Number of conventional units 1–780 units .............................................................................................................................................. 781–2,500 units ....................................................................................................................................... 2501–7,300 units ..................................................................................................................................... 7,301 or more units ................................................................................................................................. Those PHAs which administer a Housing Choice Voucher program but have not elected to provide assistance under the Homeownership Voucher option and receive funding under this category, will be required to implement the Homeownership Voucher Program and make Homeownership Vouchers available, in the amounts listed above, on an annual basis to eligible families who successfully complete training under this ROSS activity. PHA applicants as described in this section must provide a letter certifying that they will comply with this requirement. i. Tribal/TDHE applicants. Tribal/ TDHE applicants to the HSS program must have a Low-income Homeownership Program outlined in their current Indian Housing Plan. Tribes/TDHEs will also be required to provide homeownership assistance to a minimum of 10 eligible families. j. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section of the SuperNOFA for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section of the SuperNOFA for a discussion of the Grants.gov registration process. 3. Program Requirements a. Contract Administrator. The contract administrator must assure that the financial management system and procurement procedures that will be in place during the grant term will fully comply with either 24 CFR part 84 or 85, as appropriate. CAs are expressly forbidden from accessing HUD’s Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must also assist PHAs meet HUD’s reporting requirements, see Section VI (C) ‘‘Reporting’’ for more information. Contract administrators may be: Local housing agencies; community-based organizations such as community development corporations (CDCs), churches, temples, synagogues, mosques; nonprofit organizations; state/ regional associations and organizations. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants prepare their applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate or be in violation of other conflicts of interest as defined in 24 CFR part 84 and 24 CFR part 85. c. Requirements Applicable to All Programs. All applicants, lead and nonlead, should refer to ‘‘Other Requirements and Procedures Applicable to All Programs’’ of the General Section of the SuperNOFA for requirements pertaining specifically to procurement of recovered materials and for information regarding other requirements to which they may be subject. 4. Number of Applications Permitted. Except as otherwise noted, the criteria below apply to all grant categories and all applicants. a. General. Applicants including PHAs, tribes/TDHEs, RAs, and nonprofit organizations that have support from the resident associations they propose to serve or the support of tribes/TDHEs may submit one application for each ROSS funding category, however applicants must submit separate applications for each funding category. Nonprofit organizations may submit more than one application per funding category provided that they will be serving residents of distinct PHAs or Tribes/TDHEs. b. More than one application per development. Applications from PHAs, tribes/TDHEs, RAs, and nonprofit organizations targeting the same public housing development/population will not all be funded. HUD suggests that in these cases, applicants work together to submit one application. Otherwise, the highest scoring application will be funded. c. Joint applications. Two or more applicants may join together to submit a joint application for proposed grant activities. Joint applications must designate a lead applicant. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Lead applicants are subject to all threshold PO 00000 Frm 00089 Fmt 4701 Sfmt 4703 $250,000 350,000 500,000 1,000,000 Minimum vouchers (annual) 10 12 14 16 Minimum enrollments (over 3 year term) 50 70 100 200 requirements. Non-lead applicants are subject to the following threshold requirements as applicable: (1) Letters of support for nonprofit applicants; (2) Evidence of nonprofit status as outlined under the section covering threshold requirements; and (3) Threshold requirements outlined in Section III. C. of the General Section of the SuperNOFA. Joint applications may include PHAs, RAs, Tribes/TDHEs, and nonprofit organizations on behalf of resident organizations. Joint applications involving nonprofit organizations must also provide evidence of resident support or support from local civic organizations or from units of local government. PHAs, tribes/TDHEs, and resident organizations that are part of a joint application may not also submit separate applications as sole applicants under this NOFA. Note: The lead applicant will determine the maximum funding amount the applicants are eligible to receive. 5. Eligible Participants. All program participants must be residents of conventional public housing or NAHASDA-assisted housing. Participants in the Public Housing Family Self-Sufficiency (FSS) program (non-Housing Choice Voucher FSS Program) are also eligible to participate in activities funded under ROSS. 6. Eligible Developments. Only conventional Public and Indian housing developments may be served by ROSS grant funds. Other housing/ developments, including, but not limited to private housing, federally insured housing, federally subsidized or assisted (i.e., assisted under Section 8, Section 202, Section 811, Section 236), and others are not eligible to participate in ROSS. 7. Energy Star. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step toward implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD’s affordable housing efforts and programs. E:\FR\FM\21MRBK3.000 21MRBK3 14064 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to purchase and use Energy Star labeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building by homebuyers and renters. Program activities can include developing Energy Star promotional and information materials, outreach to lowand moderate-income renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see https://www.energystar.gov or call 888–STAR–YES (888–782–7937) or for the hearing-impaired, 888–588–9920 (TTY). IV. Application and Submission Information A. Address to Obtain an Application Package. There is no application kit this year. Please refer to the General Section of the SuperNOFA for information on how to submit your application electronically. You may also visit www.Grants.gov/Apply to obtain application information. B. Content and Form of Application Submission. 1. Application Format Information for All Grant Categories and All Applicants. Before preparing an application to any ROSS funding program, applicants should carefully review the program description, ineligible activities, program and threshold requirements, and the General Section of the SuperNOFA. Applicants should also review each rating factor found in the ‘‘Application Review Information’’ section before writing a narrative response. Applicants’ narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and where applicable, in the General Section of the SuperNOFA. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission. a. Content of Application. Applicants must write narrative responses to each of the rating factors, which follow this section. Applicants will be evaluated on VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 whether their responses demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the ROSS program, may fully understand your proposal. b. Format of Application. (1) Applications may not exceed 35 narrative pages. Narrative pages must be typed, double-spaced, numbered, use Times New Roman font style, and font size 12. Supporting documentation, required forms, and certificates will not be counted toward the 35 narrative page limit. However, applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section of the SuperNOFA for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to assist applicants ensure they submit all required forms and information. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms from the General Section of the SuperNOFA and other ROSS forms: 1. Acknowledgement of Application Receipt (HUD–2993), for paper application submissions only (you must have an approved waiver to submit a paper application); 2. Application for Federal Financial Assistance (SF–24); 3. SF–424 Supplement, Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers (HUD–27300); 5. ROSS Fact Sheet (HUD–52751); 6. Grant Application Detailed Budget (HUD–424–CB); 7. Grant Application Detailed Budget Worksheet (HUD–424–CBW); 8. Applicant/Recipient Disclosure/ Update Report (HUD–2880); 9. Certification of Consistency with RC/EZ/EC–II Strategic Plan (HUD–2990) if applicable; 10. Certification of Consistency with the Consolidated Plan (HUD–2991) if applicable; 11. Certification of Consistency with the Indian Housing Plan if applicable (HUD–52752); 12. Certification of Resident Council Board of Election (not required for PO 00000 Frm 00090 Fmt 4701 Sfmt 4703 tribes/nonprofit organizations working on behalf of tribes) (HUD–52753); 13. Disclosure of Lobbying Activities (SF–LLL), if applicable; 14. Disclosure of Lobbying Activities Continuation Sheet (SF–LLL–A), if applicable; 15. Client Comments and Suggestions (HUD–2994); (Optional) 16. Facsimile Transmittal Sheet (HUD–96011). TAB 2: Threshold Requirements: 1. Letters from Partners attesting to match; 2. Letter from Applicant’s organization attesting to match (if applicant is contributing to match); 3. Letters of Support from Resident Associations/ PHAs/tribes/TDHEs/ Resident Advisory Boards/local civic organizations and/or units of local government Threshold requirement for all nonprofit applicants); 4. Chart of Resident Associations Participating (required for nonprofit applicants but not applicable to applications from tribes/TDHEs.) (HUD– 52754); 5. IRS nonprofit determination letter proving 501(c)(3) status (Threshold requirement for all nonprofit applicants); and 6. Contract Administrator Partnership Agreement (required for nonprofit organizations, resident associations, and troubled PHAs) (HUD–52755). TAB 3: Narrative for Rating Factor 1 and ROSS Program Forms 1. Narrative; 2. Chart A: Program Staffing (HUD– 52756); 3. Chart B: Applicant/Administrator Track Record (HUD–52757); 4. Resumes/Position Descriptions. TAB 4: Narrative for Rating Factor 2 TAB 5: Rating Factor 3 1. Narrative; 2. Work plan (see relevant sample ROSS work plan HUD–52764). TAB 6: Narrative for Rating Factor 4 TAB 7: Narrative for Rating Factor 5 and ROSS Program Forms 1. Narrative; 2. Logic Model (HUD–96010); 3. Sample Performance measures/ outcomes are attached for applicants’ information. C. Submission Dates and Times: 1. Due Dates. a. Resident Service Delivery Models—Elderly/Persons with Disabilities: The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on July 6, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices application submission, and timely receipt requirements. b. Resident Service Delivery ModelsFamily. The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on July 25, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for application submission, and timely receipt requirements. c. Homeownership Supportive Services. The application must be submitted and received by Grant.gov no later than 11:59:59 p.m. eastern time on May 26, 2005. For applicants receiving a waiver to the electronic filing requirement, please see the General Section for waiver and mailing requirements. Please carefully read the General Section of the SuperNOFA for application submission, and timely receipt requirements. 2. Proof of Timely Submission. Please see the General Section of the SuperNOFA this information. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. 3. For Waivers Only. Applicants who have received waivers to submit paper applications (see the General Section of the SuperNOFA for more information), must submit their applications to: HUD Grants Management Center, Mail Stop: Name of ROSS Grant Category, 501 School Street, SW., 8th floor, Washington DC 20024. Please see the General Section of the SuperNOFA for detailed mailing and delivery instructions. 4. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. Paper applications must be submitted in triplicate (one original and two identical copies). For all applicants (including tribal and TDHE applicants), the original and one identical copy must be sent to the Grants Management Center and an identical copy must be sent to your local field office in accordance with the submission and timely receipt requirements described in the General Section of this SuperNOFA. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs. Applicants who receive an award under any ROSS funding category are prohibited from using ROSS grant funds to reimburse any costs incurred in conjunction with preparation of their ROSS grant application. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 2. Covered Salaries. Applicable to all grant categories and all applicants: a. Project Coordinator. All applicants may propose to hire a qualified project coordinator to run the grant program. The ROSS program will fund up to $65,000 in combined annual salary and fringe benefits for a full-time project coordinator. The project coordinator’s salary and fringe benefits may not exceed 30 percent of the total grant amount. For audit purposes, applicants must have documentation on file demonstrating that the salary of the project coordinator is comparable to similar professions in their local area. b. Resident Salaries. Only the RSDM—Family category permits grantees to use grant funds for this purpose. No more than five percent of RSDM—Family funds may be used to pay for resident salaries. c. Types of Salaries. ROSS funds may only be used for the types of salaries described in this section according to the restrictions described herein. ROSS funds may only be used to pay for salaries of staff that provide direct services to residents. Direct services staff, for purposes of this NOFA, are defined as housing authority personnel who, as their primary responsibility, provide services directly to residents that participate in the activities described in this application e.g., case managers, van drivers, job trainers, childcare providers, among other positions. ROSS funds may not be used to pay for salaries for any other kind of staff. 3. Administrative Costs. Administrative costs may include, but are not limited to, purchase of furniture, office equipment and supplies, local travel, and utilities. Administrative costs may not be used to pay for salaries of any kind. Nonprofit organizations only may use administrative funds to pay for rental of space. Administrative costs must not exceed 10 percent of the total grant amount requested from HUD. Administrative costs must adhere to OMB Circular A–87 or A–122 as appropriate. Please use HUD–424–CBW to itemize your administrative costs. 4. Individual Savings Accounts (ISAs). ROSS RSDM—Family and Homeownership Supportive Services funds can be used as matching funds for ISAs but no more than 20 percent of total grant funds may be used for this purpose. 5. Stipends. This applies to RSDM— Family only. No more than $200 of the grant award may be used per participant per month for stipends for active trainees and program participants. Stipends may only be used to reimburse reasonable out-of-pocket expenses PO 00000 Frm 00091 Fmt 4701 Sfmt 4703 14065 related to participation in training and other program-related activities. Receipts for such expenses must be provided by the resident in order to obtain reimbursement. Stipends are not considered an administrative expense and therefore are not subject to the 10 percent limitation on administrative costs. 6. Ineligible Activities/Costs. Grant funds may not be used for ineligible activities. The following are ineligible activities/costs: a. Payment of wages and/or salaries to participants for receiving supportive services and/or training programs; b. Purchase, lease, or rental of land; c. New construction, costs for construction materials; d. Rehabilitation or physical improvements; e. Purchase, lease, or rental of vehicles; f. Entertainment costs; g. Purchasing food; h. Elderly/Disabled Service Coordinator salary and fringe benefits; i. Payment of wages and/or salaries to doctors, nurses or other staff (including health aids or companions) in relation to medical services provided to residents; j. Purchase of non-prescription or prescription medications; k. Stipends (Stipends are only allowed under RSDM—Family); l. Down payment assistance (Note: Participants may use their ISAs under the RSDM—Family and Homeownership Supportive Services program for this purpose); m. Revolving loan funds; n. Costs, which exceed limits, identified in the NOFA for the following: Project Coordinator, resident salaries, ISAs, stipends, administrative expenses, and long distance travel; and o. Cost of application preparation. p. For RSDM Elderly grant applicants—transportation costs of residents (grant funds may be used to pay for coordination and set-up of transportation services). q. Salaries for staff that are not direct services staff. Direct services staff, for purposes of this NOFA, are defined as housing authority personnel who, as their primary responsibility, provide services directly to residents that participate in the activities described in this application e.g., case managers, van drivers, job trainers, childcare providers, among other positions. ROSS funds cannot be used to hire or pay for the services of a Contract Administrator. 7. ROSS funds cannot be used to hire or pay for the services of a Contract Administrator. 8. Other Budgetary Restrictions. Some long distance travel may be necessary E:\FR\FM\21MRBK3.000 21MRBK3 14066 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices during the term of the grant in order for professional grant staff to attend HUDsponsored training conferences for ROSS grantees. Long distance travel costs for grant program staff may not exceed $5,000 for the life of the grant and must receive prior approval from the grantee’s local HUD field office or area ONAP. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the ROSS program. The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes two RC/EZ/EC–II bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for the RC/ EZ/EC–II bonus points. A listing of federally designated RCs, EZs, and EC– IIs, is available at https://www.hud.gov/ offices/adm/grants/fundsavail.cfm. The agency certifying to RC/EZ/EC–II status must be contained in the listing of RC/ EZ/EC–II organizations on HUD’s Web site at: https://www.hud.gov/offices/adm/ grants/fundsavail.cfm. Note: Applicants should carefully review each rating factor before writing a response. Applicants’ narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure their narratives thoroughly address the Rating Factors below. Applicants should include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (25 Points). This factor addresses whether the applicant has the organizational resources necessary to successfully implement the proposed activities within the grant period. In rating this factor HUD will consider the extent to which the proposal demonstrates that the applicant will have qualified and experienced staff dedicated to administering the program. (1) Proposed Program Staffing (7 Points). (a) Staff Experience (4 Points). The knowledge and experience of the proposed project coordinator, staff, and partners in planning and managing programs for which funding is being requested. Experience will be judged in terms of recent, relevant and successful experience of proposed staff to undertake eligible program activities. In VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 rating this factor, HUD will consider experience within the last 5 years to be recent; experience pertaining to the specific activities being proposed to be relevant; and experience producing specific accomplishments to be successful. The more recent the experience and the more experience proposed staff members who work on the project have in successfully conducting and completing similar activities, the greater the number of points applicants will receive for this rating factor. The following information should be provided in order to provide HUD an understanding of proposed staff’s experience and capacity: (i) The number of staff years (one staff year = 2080 hours) to be allocated to the proposed program by each employee or expert as well as each of their roles in the program; (ii) The staff’s relevant educational background and/or work experience; and (iii) Relevant and successful experience running programs whose activities are similar to the eligible program activities described in the grant category to which you are applying. (b) Organizational Capacity (3 Points). Applicants will be evaluated based on whether they have, or their partners have sufficient qualified personnel to deliver the proposed activities in a timely and effective fashion. In order to enhance or supplement capacity, applicants should provide evidence of partnerships with nonprofit organizations or other organizations that have experience providing supportive services to typically underserved populations. Applicants’ narrative must describe their ability to immediately begin the proposed work program. Provide resumes and position descriptions (where staff is not yet hired) for all key personnel. (Resumes/ position descriptions do not count toward the 35-page limit.) (2) Past Performance of Applicant/ Contract Administrator (6 Points). (a) Applicants’ past experience may include, but is not limited to, running and managing programs aimed at: (i) RSDM—Family: assisting residents of low-income housing achieve economic self-sufficiency; (ii) RSDM—Elderly: assisting elderly/ persons with disabilities who reside in low-income housing to live independently; (iii) Homeownership: assisting residents of low-income housing achieve economic self-sufficiency and homeownership. (b) Applicants’ narrative must indicate past grants they received and managed, the grant amounts, and grant PO 00000 Frm 00092 Fmt 4701 Sfmt 4703 terms (years) of the grants, which they are counting toward past experience. (c) Applicants’ narrative must describe how they (or their Contract Administrator) successfully implemented past grant programs designed to: (i) RSDM—Family—promote resident self-sufficiency, moving from welfare to work, and/or helping residents move to market rate rental housing; (ii) RSDM—Elderly—assist elderly/ persons with disabilities meet their daily living needs and enhance their access to needed services so they can continue to reside comfortably and productively in their current living environment; (iii) Homeownership—promote moving from subsidized housing to homeownership. (d) Applicants will be evaluated according to the following criteria: (i) Achievement of specific measurable outcomes and objectives in terms of benefits gained by participating residents. Applicants should describe results their programs have obtained, such as: (A) RSDM—Family: reduced welfare dependency, higher incomes, higher rates of employment, increased savings, moving from subsidized housing to market rate rental housing; (B) RSDM—Elderly: less emergency care, improved health conditions of assisted population, access to greater number of social services; (C) Homeownership: number of families in homeownership counseling pipeline, rates of homeownership achieved through training programs. (ii) Description of success in attracting and keeping residents involved in past grant-funded training programs. HUD wants to see that applicants’ grantfunded programs benefited a significant numbers of residents; (iii) Description of timely expenditure of program funding throughout the term of past grants. Timely means regular drawdowns throughout the life of the grant, i.e., quarterly drawdowns, with all funds expended by the end of the grant term; (iv) Description of Past Leveraging. Applicants must describe how they have leveraged funding or in-kind services beyond amounts that were originally proposed for past projects; (3) Program Administration and Fiscal Management (12 Points). (a) Program Administration and Accountability (6 Points). Applicants should describe how they will manage the program; how HUD can be sure that there is program accountability; and provide a description of proposed staff’s roles and responsibilities. Applicants E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices should also describe how grant staff and partners shall report to the project coordinator and other senior staff. (b) Fiscal Management (6 Points). In rating this factor, applicants’ skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place including those of a Contract Administrator for applicants required to have a Contract Administrator, (i.e., troubled PHAs, resident associations, and nonprofit applicants); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses, and what has been done to address them; (iii) For applicants who are required to have a Contract Administrator, describe the skills and experience the Contract Administrator has in managing federal funds. b. Rating Factor 2: Need/Extent of the Problem (10 Points). This factor addresses the extent to which there is a need for funding the proposed program. In responding to this factor, applicants will be evaluated on the extent to which they describe and document the level of need for their proposed activities and the urgency for meeting the need. In responding to this factor, applicants must include: (1) Socioeconomic Profile (5 points). A thorough socioeconomic profile of the eligible residents to be served by the program, including education levels, income levels, the number of singleparent families, economic statistics for the local area, etc. (2) Demonstrated Link Between Proposed Activities and Local Need (5 points). Applicants’ narrative must demonstrate a clear relationship between proposed activities, community needs and the purpose of the program funding in order for points to be awarded for this factor. c. Rating Factor 3: Soundness of Approach (30 Points) This factor addresses both the quality and costeffectiveness of applicants’ proposed work plan. The work plan must indicate a clear relationship between proposed activities, the targeted population’s needs, and the purpose of the program funding. Applicants’ activities must address HUD’s policy priorities outlined in this Rating Factor. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 In rating this factor HUD will consider: (1) Quality of the Work Plan (18 points). This factor evaluates both the applicant’s work plan and budget, which will be evaluated based on the following criteria: (a) Specific Services and/or Activities (8 points). Applicants’ narrative must describe the specific services, course curriculum, and activities they plan to offer and who will be responsible for each. In addition to the narrative, applicants must also provide a work plan, which must list the specific services, activities, and outcomes they expect. The work plan must show a logical order of activities and progress and must tie to the outcomes and outputs applicants identify in the Logic Model (see Rating Factor 5). Please see a sample work plan in the Appendix. Applicants’ narrative must explain how their proposed activities will: (i) Involve community partners in the delivery of services (4 points); (ii) Offer comprehensive services versus a small range of services geared toward achieving the following (2 points): RSDM—Family: enhancing economic opportunities for residents; RSDM—Elderly: enhancing residents’ quality of life; Homeownership: enhancing homeownership opportunities for residents; and (iii) Link to other ROSS-funded selfsufficiency programs (2 points). (b) Feasibility and Demonstrable Benefits (4 points). This factor examines whether applicants’ work plan is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD’s desire is to fund applications that will quickly produce demonstrable results and advance the purposes of the ROSS program. (i) Timeliness. This subfactor evaluates whether applicants’ work plan demonstrates that their project is ready to be implemented shortly after grant award, but not to exceed three months following the execution of the grant agreement. The work plan must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution. The work plan will be evaluated based on how well applicants’ proposed activities address the needs described in Rating Factor 2. (c) Budget Appropriateness/Efficient Use of Grant (6 Points) The score in this factor will be based on the following: (i) Justification of expenses. Applicants will be evaluated based on whether their expenses are reasonable PO 00000 Frm 00093 Fmt 4701 Sfmt 4703 14067 and thoroughly explained, and support the objectives of their proposal. (ii) Budget Efficiency. Applicants will be evaluated based on whether their application requests funds commensurate with the level of effort necessary to accomplish their goals and anticipated results. (d) Ineligible Activities. Two points will be deducted for each ineligible activity proposed in the application, as identified in Section IV(E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator; or you will lose 2 points if you propose paying for salaries for staff that are not direct services staff. (2) Addressing HUD’s Policy Priorities (12 points). HUD wants to improve the quality of life for those living in distressed communities. HUD’s grant programs are a vehicle through which long-term, positive change can be achieved at the community level. Applicants’ narrative and work plan will be evaluated based on how well they meet the following HUD policy priorities: (a) Applicants will respond to either (i) or (ii) below depending on what type of applicant they are, for a maximum of 5 points. (i) Improving the Quality of Life in Our Nation’s Communities (For RSDM– Family and RSDM–Elderly Applicants only)(5 points). In order to receive points in this category, applicants’ narrative and work plan must indicate the types of activities, service, and training programs applicants will offer which can help residents successfully transition from welfare to work and earn higher wages, or for elderly/disabled residents, to continue to live independently. (ii) Providing Increased Homeownership and Rental Opportunities for Low- and ModerateIncome Persons, Persons with Disabilities, the Elderly, Minorities, and Families With Limited English Proficiency (For Homeownership Applicants only) (5 points). In order to receive points in this category, applicants’ narrative and work plan must indicate the types of activities and training programs they will offer which can help residents successfully transition from subsidized housing to market-rate rental housing or homeownership. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other Community-Based Organizations in HUD Program Implementation (For all applicants) (5 points). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, E:\FR\FM\21MRBK3.000 21MRBK3 14068 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices grassroots faith-based and other community-based organizations that are not usually effectively utilized. These grassroots organizations have a strong history of providing vital community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, applicants’ narrative and work plan must describe how applicants will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing. (up to 2 points). Under this policy priority, higher rating points are available to: (1) Governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants would have to complete form HUD 27300, ‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers.’’ A copy of HUD’s Notice entitled America’s Affordable Communities Initiative, HUD’s Initiative on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD’s 2004 Competitive Funding Allocations’’ can be found on HUD’s Web site at https://www.hud.gov/grants/ index.cfm. The information and requirements contained in HUD’s regulatory barriers policy priority apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD–27300 can be found in the application package posted to www.Grants.gov. Applicants are encouraged to read the Notice as well as the General Section of the SuperNOFA to obtain an understanding of this policy priority and how it can impact their score. A limited number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number and/or email address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. d. Rating Factor 4: Leveraging Resources (20 Points). This factor addresses the applicant’s ability to secure community resources that can be combined with HUD’s grant resources to achieve program purposes. Applicants are required to create partnerships with organizations that can help achieve their program’s goals. PHAs are required by section 12(d)(7) of the U.S. Housing Act of 1937 entitled ‘‘Cooperation Agreements for Economic Self-Sufficiency Activities’’) to make best efforts to enter into such agreements with relevant state or local agencies. In rating this factor, HUD will look at the extent to which applicants partner, coordinate and leverage their services with other organizations serving the same or similar populations. Additionally, applicants must have at least a 25 percent cash or in-kind match. The match is a threshold requirement. Joint applicants must together have at least a 25 percent match. Applicants who do not demonstrate the minimum 25 percent match will fail the threshold requirement and will not receive further consideration for funding. Leveraging in excess of the 25 percent of the grant amount will receive a higher point value. In evaluating this factor HUD will consider the extent to which applicants have partnered with other entities to secure additional resources, which will increase the effectiveness of the proposed program activities. The additional resources and services must be firmly committed, must support the proposed grant activities and must, in combined amount (including in-kind contributions of personnel, space and/or equipment, and monetary contributions) equal at least 25 percent of the grant amount requested in this application. ‘‘Firmly committed’’ means that the amount of resources and their dedication to ROSS-funded activities must be explicit, in writing and signed by a person authorized to make the commitment. Please see the section on Threshold Requirements for more information. Points for this factor will be awarded based on the documented evidence of partnerships and firm commitments and the ratio of requested ROSS funds to the total proposed grant budget. Points will be assigned based on the following scale: Percentage of Match Points Awarded 25 ................... PO 00000 Frm 00094 5 points (with partnerships) 3 points (without partnerships); Fmt 4701 Sfmt 4703 Percentage of Match Points Awarded—Continued 26–50 ............. 51–75 ............. 76 or above .... 10 points (with partnerships) 8 points (without partnerships); 15 points (with partnerships) 13 points (without partnerships); 20 points (with partnerships) 18 points (without partnerships). e. Rating Factor 5: Achieving Results and Program Evaluation (15 Points) (1) An important element in this year’s NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD’s determination to ensure that applicants meet commitments made in their applications and grant agreements and that they assess their performance so that they realize performance goals. Applicants must demonstrate how they propose to measure their success and outcomes as they relate to the Department’s Strategic Plan. (2) HUD requires ROSS applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form HUD–96010 for this purpose. (3) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ‘‘Outputs’’ are the direct products of a program’s activities. Examples of outputs are: the number of eligible families that participate in supportive services, the number of new services provided, the number of residents receiving counseling, or the number of households using a technology center. Outputs should produce outcomes for your program. ‘‘Outcomes’’ are benefits accruing to the residents, families and/ or communities during or after participation in the ROSS program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing the homeownership rates among residents of a development or from a particular housing authority, increasing residents’ financial stability (e.g., increasing assets of a household through savings), or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (4) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices that will allow applicants to measure their performance. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants’ narrative, work plan, and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments to their work plan and management practices if performance targets begin to fall short of established benchmarks and time frames. Applicants’ proposal must also show how they will measure the performance of partners and affiliates. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. (5) In order to respond to this factor, applicants can use the sample performance measures found at https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm. Applicants will be evaluated based on how comprehensively they propose to measure their program’s outcomes. B. Review and Selection Process 1. Review Process for All Grant Categories and All Applicants. Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the ROSS grant category to which you are applying; whether your application submission is complete, on time and meets threshold; a review by the field office (or area ONAP office) to evaluate past performance; and a technical review to rate your application based on the five rating factors provided in this NOFA. 2. Selection Process for All Grant Categories and All Applicants. The selection process is designed to achieve geographic diversity of grant awards throughout the country. For each grant category, HUD will first select the highest ranked application from each of the ten federal regions and DPONAP for funding. After this ‘‘round,’’ HUD will select the second highest ranked application in each of the ten federal regions and DPONAP for funding (the second round). HUD will continue this process with the third, fourth, and so on, highest ranked applications in each federal region and DPONAP until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score) regardless of region and DPONAP and will fully fund as many as possible with remaining funds. If remaining funds in one grant category VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 are too small to make an award, they may be transferred to another category under the ROSS program. 3. Tie Scores. In the event of a tie between two applications in the same category which target the same developments, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have 14 calendar days in which to provide missing information requested from HUD. For other information on correcting deficient applications, please see the General Section of the SuperNOFA. VI. Award Administration Information A. Award Notices. HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter and will receive instructions for what steps they must take in order to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings. Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. C. Administrative and National Policy Requirements. 1. Environmental Impact. In accordance with 24 CFR 58.34 (a)(3) or (a)(9), 58.35(b)(2), (b)(4) or (b)(5), 50.19(b)(3), (b)(9), (b)(12), (b)(14), or (b)(15) activities under this ROSS program are categorically excluded from the requirements of the National Environmental Policy Act of 1969 and are not subject to environmental review under related laws and authorities. 2. Applicable Requirements. Unless specifically enumerated in this NOFA, all applicants, lead and non-lead applicants, are subject to the requirements specified in Section III.C. of the General Section of the SuperNOFA. Grantees are subject to regulations and other requirements found in: a. 24 CFR 84 ‘‘Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations’’; b. 24 CFR 85 ‘‘Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments’’; c. 24 CFR 964 ‘‘Tenant Participation and Tenant Opportunities in Public Housing’’; PO 00000 Frm 00095 Fmt 4701 Sfmt 4703 14069 d. OMB Circular A–87 ‘‘Cost Principles for State, Local, and Indian Tribal Governments’’ e. OMB Circular A–110 ‘‘Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations’’; f. OMB Circular A–122 ‘‘Cost Principles for Non-Profit Organizations’’; and g. OMB Circular A–133 ‘‘Audits of States, Local Governments, and NonProfit Organizations’’. 3. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low-income persons. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section of the SuperNOFA for more information. D. Reporting. 1. Semi-Annual Performance Reports. Grantees shall submit semi-annual performance reports to the field office or area ONAP. These progress reports shall include financial reports (SF–269A), a Logic Model (HUD–96010) showing achievements to date against outputs and outcomes proposed in the application and approved by HUD, and a narrative describing milestones, work plan progress, and problems encountered and methods used to address these problems. HUD anticipates that some of the reporting of financial status and grant performance will be through electronic or Internet-based submissions. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their work plan. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will be suspended until reports are received. 2. Final Report. All grantees shall submit a final report to their local field E:\FR\FM\21MRBK3.000 21MRBK3 14070 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices office or area ONAP that will include a financial report (SF–269A), a final Logic Model, and a narrative evaluating overall results achieved against their work plan. Grantees shall use quantifiable data to measure performance against goals and objectives outlined in their work plan. The financial report shall contain a summary of all expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative, Logic Model, and financial report shall be due to the field office 90 days after the termination of the grant agreement. 3. Final Audit. Grantees are required to obtain a complete final close-out audit of the grant’s financial statements by a Certified Public Accountant (CPA), in accordance with generally accepted government audit standards. A written report of the audit must be forwarded to HUD within 60 days of issuance. Grant recipients must comply with the requirements of 24 CFR 84 or 24 CFR 85 as stated in OMB Circulars A–87, A– 110, and A–122, as applicable. 4. Logic Model. For each reporting period, as part of your required report VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 to HUD, you must include a completed Logic Model (Form 96010), which identifies output and outcome achievements. VII. Agency Contact(s) For questions and technical assistance, you may call the Public and Indian Housing Information and Resource Center at 800–955–2232. For persons with hearing or speech impairments, please call the toll-free Federal Relay Service at 800–877–8339. In the case of tribes/TDHEs, please contact DPONAP at 800–561–5913 or (303) 675–1600 (this is not a toll-free number). VIII. Other Information A. Code of Conduct. Please see the General Section of the SuperNOFA for more information. B. Transfer of Funds. If transfer of funds from any of the ROSS programs does become necessary, HUD will give first priority to Homeownership Supportive Services, second priority to Family Self-Sufficiency, third priority to RSDM—Family, and fourth priority to RSDM—Elderly/Persons with Disabilities. PO 00000 Frm 00096 Fmt 4701 Sfmt 4703 C. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2577–0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average ten hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. Appendix of Forms. The forms specific to the ROSS Program follow. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14071 EN21MR05.205</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.206</GPH> 14072 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14073 EN21MR05.207</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.208</GPH> 14074 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14075 EN21MR05.209</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.210</GPH> 14076 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14077 EN21MR05.211</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.212</GPH> 14078 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14079 EN21MR05.213</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.214</GPH> 14080 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14081 EN21MR05.215</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.216</GPH> 14082 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14083 EN21MR05.217</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.218</GPH> 14084 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14085 EN21MR05.219</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.220</GPH> 14086 Public and Indian Housing Family SelfSufficiency Program Under the Resident Opportunities and SelfSufficiency (ROSS) Program Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Public and Indian Housing. VerDate jul<14>2003 20:01 Mar 18, 2005 Jkt 205001 B. Funding Opportunity Title: This NOFA is for the Public and Indian Housing Family Self-Sufficiency program under the Resident Opportunities and Self-Sufficiency (ROSS) program. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA PO 00000 Frm 00113 Fmt 4701 Sfmt 4703 14087 is: FR–4950–N–23. The OMB approval number is: 2577–0229. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): Resident Opportunity and Self Sufficiency, 14.870. F. Dates: The application submission date is June 20, 2005. Please see the General Section for application E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.221</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14088 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices submission and timely receipt requirements. G. Optional, Additional Overview Content Information: 1. Purpose of Program: The purpose of the Family Self-Sufficiency (FSS) program for Public Housing is to link participating families to the supportive services they need to achieve self-sufficiency and no longer need public assistance. 2. Funding Available: The Department expects to award a total of approximately $22,950,000 ($15,000,000 of appropriations and $7,950,000 of carryover) under the FSS program in Fiscal Year 2005. 3. Award Amounts: Award amounts will be based on locality pay rates for professions similar to that of an FSS program coordinator. Individual award amounts will not exceed $65,000 to pay for the annual salary and fringe benefits of the program coordinator. 4. Eligible Applicants: Eligible applicants are PHAs and tribes/TDHEs that administer public housing programs. Renewal applicants and new applicants to the program must have an approved FSS Action Plan on file with their local HUD field office prior to this NOFA’s application deadline. Please see the Threshold Requirements section for more information. Nonprofit organizations and resident associations are not eligible for funding under this program. 5. Cost Sharing/Match Requirement: There is no match requirement under this funding program. 6. Grant term: The grant term for FSS is one year from the execution date of the grant agreement. Grant program Total funding Eligible applicants Public Housing Family Self-Sufficiency .... $22,950,000 PHAs, tribes/TDHEs only ......................... Full Text of Announcement I. Funding Opportunity Description A. Definition of Terms 1. Action Plan describes the policies and procedures of the PHA or tribe/ TDHE for operation of a local FSS program, and contains the following information (for a full description of the minimum amount of information the Action Plan must contain, please see 24 CFR 984.201): a. Family demographics. A description of the number, size, characteristics, and other demographics (including racial and ethnic data), and the supportive services needs of the families expected to participate in the FSS program; b. Estimate of participating families. A description of the number of eligible FSS families who can reasonably be expected to receive supportive services under the FSS program, based on available and anticipated federal, tribal, state, local, and private resources; c. Eligible families from other selfsufficiency programs. The number of families participating in other federal, state, or local self-sufficiency programs (provide program name and sponsoring organization) that are expected to participate in the FSS program. d. FSS Family selection procedures. A statement indicating the procedures to be utilized by select families participating in the FSS program. e. Incentives to encourage participation. Description of the FSS account and other incentives the PHA will offer participating families. f. Outreach efforts. The Action Plan must describe the efforts the PHA or tribe/TDHE will make to recruit FSS participants. g. FSS activities and supportive services consist of a description of the activities and supportive services that VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 will be provided by public and private sources. h. Additional requirements. Additional requirements are contained in 24 CFR Part 984. 2. Contract Administrator means an overall grant administrator and/or a financial management agent used by a troubled PHA to oversee the implementation of the grant and/or the financial aspects of the grant. 3. Indian Tribe (‘‘tribe’’) means any tribe, band, nation, or other organized group or a community of Indians, including any Alaska native village, regional, or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, and that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self Determination and Education Act of 1975, or any staterecognized tribe eligible for assistance under section 4 (12)(C) of NAHASDA. 4. NAHASDA-assisted resident means a tribal member living in housing assisted by the Native American Housing Assistance and SelfDetermination Act (NAHASDA) of 1996. 5. Past Performance is a threshold requirement. HUD’s field offices will evaluate data provided by applicants and their past performance to determine whether an applicant has the capacity to manage the FSS grant program. The area Office of Native American Programs (ONAP) will review past performance for tribal/TDHE submissions. PHAs or tribes/TDHEs that have managed a HUD-funded FSS program for more than five years must be able to demonstrate that families who have participated in the FSS program for five years are actually achieving self-sufficiency and/ or have significantly increased their earned income. Please see the section on PO 00000 Frm 00114 Fmt 4701 Sfmt 4703 Maximum grant amount $65,000 maximum salary amount Threshold Requirements for more information. 6. Person with disabilities means a person who: (1) Has a condition defined as a disability in section 223 of the Social Security Act; (2) Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or (3) Is determined to have a physical, mental, or emotional impairment which: (i) Is expected to be of long-continued and indefinite duration; (ii) Substantially impedes his or her ability to live independently; and (iii) Is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘‘person with disabilities’’ does not exclude persons who have immunodeficiency syndrome (HIV/ AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing, solely on the basis of any drug or alcohol dependence. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. 7. Program Coordinator under the Family Self-Sufficiency (FSS) program is someone responsible for linking FSS program participants to supportive services. Program Coordinators will work with the Program Coordinating Committee and local service providers to ensure that the necessary services and linkages to community resources are E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices being made; ensuring that the services included in participants’ contracts of participation are provided on a regular, ongoing and satisfactory basis; making sure that participants are fulfilling their responsibilities under the contracts and that FSS escrow accounts are established and properly maintained for eligible families. FSS coordinators may also perform job development functions for the FSS program. 8. Project is the same as ‘‘low-income housing project’’ as defined in section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437 a (b)(1)) (1937 Act). 9. Secretary means the Secretary of Housing and Urban Development. 10. Tribally Designated Housing Entity (TDHE) is an entity authorized or established by one or more Indian tribe to act on behalf of each such tribe authorizing or establishing the housing entity. contingent upon HUD field office approval. B. Grant Period: One year. The grant period shall begin the day the grant agreement and the form HUD–1044, ‘‘Assistance Award/Amendment’’ are signed. C. Grant Extensions. Requests to extend the grant term beyond the originally established term must be submitted in writing by the grantee to the local HUD field office. Such requests must be done prior to grant termination and with at least 60 days notice to give the field office a reasonable amount of time to fully evaluate the request. Requests must explain why the extension is necessary, what work remains to be completed, and what was accomplished to date. Extensions may be granted one time only by the field office for a period not to exceed six months. D. Type of Award: Grant agreement. III. Eligibility Information A. Eligible Applicants: Eligible 1. The FSS program provides funding applicants are public housing agencies for PHAs to pay for the salary and fringe (PHAs), which administer public benefits of a program coordinator who housing programs and tribes/TDHEs. will link families to the supportive New and renewal applicants to the services they need to achieve selfprogram must have an approved FSS sufficiency. Action Plan on file with their local HUD 2. A PHA administering the FSS field office prior to this NOFA’s program must use a Program application deadline. Coordinating Committee (PCC) to secure Nonprofit organizations and resident the necessary resources to implement associations are not eligible for funding the FSS program. A PCC is made up of under this program. representatives of businesses, local B. Cost Sharing or Matching: There is government, job training and no match requirement under this employment agencies, local welfare funding program. agencies, educational institutions, C. Other: 1. Threshold Requirements. childcare providers, and nonprofit Applicants must respond to each service providers, including faith-based threshold requirement clearly and and other community organizations. See thoroughly by following the instructions 24 CFR 984.202 for more information. below. If your application fails one threshold requirement (regardless of the 3. HUD is looking for applications type) it will be considered a failed that either build on existing FSS application. The following are threshold programs or propose to implement a requirements that are applicable to this new Public Housing FSS program. Applicants who propose to link to other ROSS component: a. Past Performance. HUD’s field ROSS-funded self-sufficiency programs offices will evaluate data provided by will receive five additional points (see applicants and their past performance to Rating Factor 3 at Section V.A.1.c. determine whether an applicant has the (1)(a)(i)). capacity to manage the FSS program. C. Regulations Governing the FSS The area Office of Native American Program Programs (ONAP) will review past performance for tribal/TDHE The FSS program is governed by 24 submissions. For applicants required to CFR Part 984. have a contract administrator, field II. Award Information offices will evaluate the contract administrator’s past performance. Using A. Total Funding: The Department Rating Factor 1, the field office will expects to award a total of approximately $22,950,000 ($15,000,000 evaluate applicants’ past performance. If applicants fail to address what is of appropriations and $7,950,000 of requested in Rating Factor 1, their carryover) under the PH Family Selfapplication will fail this threshold and Sufficiency program. Funding amounts will not receive further consideration. for individual grantees will be B. Program Description VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4703 14089 b. Contract Administrator Partnership Agreement. PHAs that are troubled at the time of application are required to submit a signed Contract Administrator Partnership Agreement. The agreement must be for the entire grant term. The grant award shall be contingent upon having a signed Partnership Agreement included in the application. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants prepare their FSS applications are ineligible to be contract administrators. For more information on contract administrators, please see the section on Program Requirements below. Please see the General Section for instructions on how to submit the required information with your electronic application. c. FSS Action Plan. New applicants to the program must have a HUD approved FSS Action Plan on file with their local HUD field (or ONAP) office prior to this NOFA’s application deadline. PHAs with previously approved Housing Choice Voucher (HCV) FSS Action Plans may either amend their HCV FSS Action Plan to include the FSS program or may submit a separate FSS Action Plan for HUD field office (ONAP) approval. New PH FSS Action Plans and amendments to existing Action Plans must be submitted to applicants’ local HUD field office well enough in advance to ensure sufficient time for field office approval of the FSS Action Plan prior to the NOFA deadline. FSS Action Plans must comply with 24 CFR 984.201. d. Minimum Score for All Fundable Applications. Applications that pass all threshold requirements and go through the ranking and rating process, must receive a minimum score of 75 in order to be considered for funding. e. The Dun and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. You will need a DUNS number to complete your Grants.gov registration. Registration is required for electronic submission. See the General Section for a discussion of the Grants.gov registration process. 2. Program Requirements: a. Hiring a FSS program coordinator. Funds awarded to PHAs under this NOFA may only be used to employ or retain the services of a FSS program coordinator for the one year grant term. A part-time program coordinator may be retained where appropriate. The FSS program coordinator must: (1) Work with the PCC and with local service providers to ensure that FSS E:\FR\FM\21MRBK3.000 21MRBK3 14090 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices program participants are linked to the supportive services they need to achieve self-sufficiency. (2) Ensure that the services included in participants’ contracts of participation are provided on a regular, ongoing and satisfactory basis, that participants are fulfilling their responsibilities under the contracts and that FSS escrow accounts are established and properly maintained for eligible families. All of these tasks should be ensured through case management. FSS coordinators may also perform job development functions for the FSS program. (3) Under normal circumstances, a full-time FSS program coordinator should be able to serve approximately 50 FSS program participants, depending on the coordinator’s case management functions. (4) Monitor the progress of program participants and evaluate the overall success of the program. For more information on how to measure performance, please see Rating Factor 4 in the ‘‘Application Review Information’’ section of this NOFA. b. Outreach. Applicants are encouraged to reach out to persons with disabilities who are public/Indian Housing residents and might be interested in participating in the FSS program. Applicants should include agencies on their FSS PCC that work with and provide services for families with disabilities. c. Eligible families. Current residents of public/Indian housing are eligible. Eligible families who are currently enrolled or participating in local public/ Indian housing self-sufficiency programs are also eligible. d. Contract of participation. Each family that is selected to participate in an FSS program must enter into a contract of participation with the PHA or tribe/TDHE that operates the FSS program. The contract shall be signed by the head of the FSS family. e. Contract term. The contract with participating families shall be for five years. During this time each family will be required to fulfill its contractual obligations. PHAs or tribes/TDHEs may extend contracts for no more than two years for any family that requests an extension of its contract provided the PHA or tribe/TDHE finds that good cause exists to provide an extension. This extension request must be in writing. See 24 CFR 984.303 for more information on contracts of participation. f. Escrow accounts for very low or low income participating families. Such accounts shall be computed using the guidelines set forth in 24 CFR 984.305. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Note: FSS families who are not lowincome are not entitled to an escrow/ credit. g. Number of Program Coordinators. (1) Renewal Applicants. (a) Maintaining Program Size. Applicants that received funding from the Operating Fund or the 2004 FSS NOFA may apply for renewal of each FSS coordinator position(s) that has been filled by the applicant in either of the past two years under the Operating Fund or the 2004 FSS NOFA. Funding for more than one program coordinator position is contingent upon HUD field office approval. For renewal applicants, HUD will fund a one percent increase over the amount most recently funded but not to exceed $65,000 for the FSS program coordinator(s) salary and fringe benefits. (b) Expanding Program Size. Applicants wishing to expand their FSS program may in addition to requesting funds for their current FSS program coordinator(s), also request funds for one additional FSS coordinator. Note: Funding priority will be given to renewing existing staff positions for renewal applicants and to applicants wishing to implement a new program (see new applicants below). If sufficient funding is available to fund expanding applicant’s existing programs, HUD will do so in accordance with the selection process under Section V(B). (2) New Applicants. A PHA or tribe/ TDHE that has not received funding under the Operating Fund for a FSS Program Coordinator may apply for only one program coordinator position as follows: (a) Up to one full-time FSS coordinator position for a PHA or tribe/ TDHE with HUD approval to administer an FSS program of 25 or more FSS slots. (b) Up to one full-time position per application for joint PHA/tribe/TDHE applicants that have HUD approval to administer a total of at least 25 FSS slots between or among them. h. Contract Administrator. The Contract Administrator must assure that the financial management system and procurement procedures that will be in place during the grant term will fully comply with 24 CFR part 85. CAs are expressly forbidden from accessing HUD’s Line of Credit Control System (LOCCS) and submitting vouchers on behalf of grantees. Contract administrators must also assist PHAs/ tribes/TDHEs to meet HUD’s reporting requirements, see Section VI.C. ‘‘Reporting’’ for more information. Contract administrators may be: Local Housing Agencies; community-based organizations such as Community Development Corporations (CDCs), PO 00000 Frm 00116 Fmt 4701 Sfmt 4703 churches, temples, synagogues, mosques; nonprofit organizations; State/ Regional associations and organizations. Troubled PHAs are not eligible to be contract administrators. Grant writers who assist applicants in preparing their FSS applications are also ineligible to be contract administrators. Organizations that the applicant proposes to use as the contract administrator must not violate any conflicts of interest as defined in 24 CFR Part 84 or 24 CFR Part 85. 3. Number of Applications Permitted: a. General. Applicants may submit only one application under this category. Applicants may submit one application for each of the other funding categories under ROSS (Resident Service Delivery Models-Family, Resident Service Delivery ModelsElderly/Persons with Disabilities and Homeownership Supportive Services) and one application under the Public Housing Neighborhood Networks grant program (tribes/TDHEs are not eligible applicants for the Public Housing Neighborhood Networks grant program); however, applicants must submit separate applications for each funding category. b. Joint applications. Two or more PHAs or tribes/TDHEs may join together to submit an application under this NOFA. Joint applications must designate a lead applicant. Only the lead applicant is subject to threshold requirements as outlined in this NOFA, however both lead and non-lead applicants are subject to the Threshold requirements outlined in Section III. C. of the General Section. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. The lead applicant must be registered with Grants.gov and submit the application using the Grants.gov portal. Applicants who submit joint applications may not also submit separate applications as sole applicants under this NOFA. 4. Eligible Participants: All program participants must be residents of public/ Indian housing or residents of other housing assisted with funding made available under the 2005 Appropriations Act (e.g., residents receiving tenantbased or project-based voucher assistance, as well as elderly and disabled residents). 5. Compliance with Program Requirements. In addition to the program requirements specific to the FSS program, all applicants and grantees must comply with the program requirements contained in Section III.C. of the General Section. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices IV. Application and Submission Information A. Obtaining an Application Package: There is no application kit this year. Please refer to the General Section for information on how to submit your application electronically. Copies of this published NOFA and application forms for this program may be downloaded from the grants.gov web site at https:// www.grants.gov/APPLY. If you have difficulty accessing the information you may call the Grants.gov help desk tollfree at (800) 518-GRANTS or sending an email to Support@Grants.gov. The operators will assist you in accessing the information. B. Content and Form of Application Submission: 1. Application Format: Before preparing an application to the FSS program, applicants should carefully review the program description, ineligible activities, threshold requirements, and the General Section. Applicants should also review each rating factor found in the ‘‘Application Review Information’’ section before writing a narrative response. Applicants’ narratives should be as descriptive as possible, ensuring that every requested item is addressed. Applicants should make sure to include all requested information, according to the instructions found in this NOFA and where applicable, in the General Section. This will help ensure a fair and accurate review of your application. 2. Content and Format for Submission: a. Content of Application: Applicants must write narrative responses to each of the rating factors described in this section. Applicants responses must demonstrate that they have the necessary capacity to successfully manage this grant program. Applicants should ensure that their narratives are written clearly and concisely so that HUD reviewers, who may not be familiar with the FSS program, may fully understand your proposal. HUD encourages applicants to carefully review each rating factor, the regulations governing the FSS program, 24 CFR part 984, and the General Section prior to responding to each rating factor. b. Format of Application: (1) Applications may not exceed 35 narrative pages. Narrative pages must be submitted as separate electronic files, formatted as double-spaced, singlesided documents. Each file should have the pages numbered consecutively. Use Times New Roman font style, and font size 12. Supporting documentation, required forms, and certifications will not be counted toward the 35 narrative VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 page limit. See the General Section for information on how to submit documents that are not in electronic format. Applicants should make every effort to submit only what is necessary in terms of supporting documentation. Please see the General Section for instructions on how to submit supporting documentation with your electronic application. (2) The following checklist has been provided to assist applicants ensure they submit all required forms and information. Electronic application filers should make sure the file names for their narratives reflect the labels in the checklist. Each narrative must be in a separate file with all the files zipped together and sent as an attachment in the application submittal. (Note: Applicants who receive a waiver to submit paper applications, must submit their applications in a three-ring binder, with TABS dividing the sections as indicated below): TAB 1: Required Forms: 1. Acknowledgement of Application Receipt (HUD–2993), for paper application submissions only (you must have an approval waiver to submit a paper application); 2. SF–424 Application for Federal Assistance; 3. SF–424 Supplement, Survey on Ensuring Equal Opportunity for Applicants; 4. Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers (HUD–27300); 5. HUD–52751ROSS Fact Sheet 6. HUD–424 CB Grant Application Detailed Budget; 7. Grant Application Detailed Budget Worksheet (HUD–424–CBW); 8. HUD–2880 Applicant Disclosure/ Update Report; 9. HUD–2990 Certification of Consistency with RC/EZ/EC–II Strategic Plan (if applicable); 10. HUD–2991 Certification of Consistency with the Consolidated Plan (if applicable); 11. Certification of Consistency with the Indian Housing Plan if applicable (HUD–52752); 12. SF–LLL Disclosure of Lobbying Activities (if applicable); 13. SF–LLL–A Disclosure of Lobbying Activities Continuation Sheet (if applicable); 14. HUD–2994 Client Comments and Suggestions (optional); and 15. Facsimile Transmittal (HUD– 96011). TAB 2: Threshold Requirements: • Contract Administrator Partnership Agreement (required for troubled PHAs) (HUD–52755) TAB 3: Rating Factor 1 and ROSS Program Forms PO 00000 Frm 00117 Fmt 4701 Sfmt 4703 14091 1. Narrative. 2. Chart A: HUD 52756 Program Staffing. 3. Chart B: HUD 52757 Applicant/ Administrator Track Record. 4. Resume(s)/Position Description(s). TAB 4: Narrative for Rating Factor 2. TAB 5: Rating Factor 3. 1. Narrative. 2. HUD 52767 Family Self-Sufficiency Funding Request Form. TAB 6: Rating Factor 4 and ROSS Program Forms. 1. Narrative. 2. HUD 96010 Logic Model. C. Submission Dates and Times: 1. Due Dates: The application submission date is June 20, 2005. Please see the General Section for application submission and timely receipt requirements. 2. Proof of Timely Submission. Please see the General Section for this information. Applicants that fail to meet the deadline for application receipt will not receive funding consideration. D. Intergovernmental Review: Not applicable. E. Funding Restrictions: 1. Reimbursement for Grant Application Costs: Applicants who receive an award under this program cannot use FSS grant funds to pay for any costs incurred with the preparation of their FSS grant application. 2. Covered Salaries: a. Program Coordinator: All applicants may hire a qualified program coordinator to run the grant program. The FSS program will fund up to $65,000 in combined annual salary and fringe benefits for a full-time program coordinator. For audit purposes, applicants must have documentation on file demonstrating that the salary they pay the program coordinator is comparable to similar professions in their local area. b. Contract Administrator: FSS funds cannot be used to hire or pay for the services of a Contract Administrator. c. Eligible Salaries. FSS funds may only be used for the types of salaries described in this section according to the restrictions described herein. FSS funds may not be used to pay for salaries of any other kind. 3. Administrative Costs. FSS funds cannot be used to pay for administrative costs. 4. Ineligible Activities. Grant funds may not be used for ineligible activities. Ineligible activities include: a. The salary of an FSS coordinator for the Housing Choice Voucher FSS program; b. Services for FSS program participants; c. Elderly/Disabled Service Coordinator salary and fringe benefits; E:\FR\FM\21MRBK3.000 21MRBK3 14092 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices d. Wages and/or salaries to participants for receiving supportive services and/or training programs; e. The purchase of food; f. The purchase, lease, or rental of land; g. New construction, materials costs; h. Rehab or physical improvements; i. Entertainment costs; j. Purchase, lease, or rental of vehicles; k. Stipends; l. Cost of application preparation; and m. Costs that exceed limits identified in the NOFA for the following: Program Coordinator. n. FSS funds cannot be used to hire or pay for the services of a Contract Administrator. F. Other Submission Requirements: a. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov/Apply. Applicants interested in applying for funding must submit their applications electronically via the Web site https:// www.grants.gov/Apply. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes a simple, unified application process to enable applicants to apply for grants online. b. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to: HUD Grants Management Center (GMC), Mail Stop: Public Housing FSS Program, 501 School Street, SW., 8th floor, Washington, DC 20024. Please see the General Section for detailed mailing and delivery instructions as the procedures have changed significantly for this year. c. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement must submit an original and two paper copies of the application. One of the copies must be sent to the area field office. See Section IV and Appendix C of the General Section for requirements for waiver and paper copy application submission requirements. V. Application Review Information A. Criteria 1. Factors for Award Used To Evaluate and Rate Applications to the FSS program: The factors for rating and ranking applicants and maximum points for each factor are provided below. The maximum number of points available for this program is 102. This includes VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 two RC/EZ/EC–II bonus points. The SuperNOFA contains a certification that must be completed in order for the applicant to be considered for RC/EZ/ EC–II bonus points. A listing of federally designated Empowerment Zones (EZs), Renewal Communities (RCs), or Enterprise Communities, designated by USDA in round II (EC– IIs), is available on HUD’s Web site at https://www.hud.gov/offices/adm/grants/ fundsavail.cfm. The agency certifying to RC/EZ/EC–II status must be identified in the listing on HUD’s Web site. Note: Applicants should carefully review each rating factor before writing a response. Applicants should make sure their narratives thoroughly address the Rating Factors below and to include all requested information, according to the instructions found in this NOFA. This will help ensure a fair and accurate application review. a. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (45 Points) In rating this factor, HUD will consider the extent to which the proposal demonstrates that the applicant will have qualified and experienced program coordinator(s) dedicated to administering the program. (1) Proposed Program Staffing (10 Points). (a) Staff Experience (5 Points). The knowledge and experience of the proposed program coordinator(s) in planning and managing programs for which funding is being requested. Experience will be judged in terms of recent, relevant and successful experience of the program coordinator(s) to undertake eligible program activities. In rating this factor, HUD will consider experience within the last 5 years to be recent; experience similar to the functions of an FSS program coordinator to be relevant; and experience producing specific accomplishments to be successful. A greater amount of points will be received based on recent and related experience proposed staff have in successfully completing similar tasks. The following information should be provided in order to provide HUD an understanding of proposed staff’s experience and capacity: (i) The staff’s relevant educational background and/or work experience; and (ii) Relevant and successful experience running programs whose activities are similar to the FSS Program. (b) Staff Capacity (5 Points). Applicants will be evaluated based on whether they have staff in place or will be able to quickly access qualified professional(s), to administer the FSS PO 00000 Frm 00118 Fmt 4701 Sfmt 4703 program in a timely and effective fashion. Applicants’ requesting to implement a new FSS program or to expand their existing program must describe their ability to immediately begin implementing an FSS program. Applicants may scan resumes (or position descriptions where staff is not yet hired) for the program coordinator position so they become an electronic attachment to your Grants.gov application. Please see the General Section for instructions on how to submit the required information with your electronic application. (Resume(s)/ position description(s) do not count toward the 35-page limit.) (2) Past Performance of Applicant/ Contract Administrator (25 Points). Applicants’ narrative must describe how they (or their contract administrator) achieved actual results in assisting lowincome families and individuals in achieving economic self-sufficiency or moving from welfare to gainful employment. Renewal applicants should include facts and statistics in their narrative from past annual performance reports and/or the FSS addendum to HUD Form 50058. Applicants that have managed a HUDfunded FSS program for more than five years must be able to demonstrate that families who have participated in the FSS program for five years are actually achieving self-sufficiency and/or have significantly increased their earned income. Applicants will be evaluated according to the following criteria: (a) Achievement of specific, measurable participant outcomes in terms of benefits gained by participating residents. (15 Points). Applicants should describe and clearly demonstrate results their participants have achieved through the FSS program, for example: Higher incomes, higher rates of employment, increased savings; and moving out of subsidized housing to market-rate housing. (b) Describe success in attracting and keeping residents involved in past grant-funded training programs (5 Points). HUD wants to see that applicants’ grant-funded programs benefited significant numbers of participating residents/families; (c) Description of timely fund expenditure throughout the term of past grants (5 Points). Timely means regular drawdowns throughout the life of the grant, i.e. quarterly drawdowns, with all funds expended by the end of the grant term; (3) Program Administration and Fiscal Management (10 Points). (a) Program Administration and Accountability (5 Points). Applicants E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices should describe how they will manage the program and how HUD can be sure that there is program accountability. (b) Fiscal Management (5 Points). In rating this factor, applicants’ skills and experience in fiscal management will be evaluated. If applicants have had any audit or material weakness findings in the past five years, they will be evaluated on how well they have addressed them. Applicants must provide the following: (i) A complete description of their fiscal management structure, including fiscal controls currently in place including those of a contract administrator for applicants required to have a contract administrator, (troubled PHAs); (ii) Applicants must list any audit findings in the past five years (HUD Inspector General, management review, fiscal, etc.), material weaknesses and what has been done to address them; (iii) Applicants who are required to have a contract administrator, must describe the skills and experience the contract administrator has in managing federal funds. b. Rating Factor 2: Need (10 Points) In responding to this factor, you will be evaluated on the extent to which you describe and document the level of need for an FSS program coordinator in the communities you serve. In responding to this factor, you must include: (1) Socioeconomic Profile (5 points). A socioeconomic profile of the eligible residents to be served by your program, including education levels, income levels, the number of single-parent families, etc. (2) Number of People to Be Served (5 points). Renewal applicants must provide the number of people being served and whether they will fill slots left by graduating participants. New applicants must provide the number of slots they will fill. Applicants applying to expand their FSS program, must provide the number of slots they will add to their program. c. Rating Factor 3: Soundness of Approach (30 Points) In rating this factor HUD will consider: (1) Quality of Your Proposal (26 points). This factor evaluates your application based on the following criteria: (a) Scope of Services (12 points). Your narrative should refer to the FSS Action Plan submitted to your local HUD field office and it must describe how many people you plan to serve, whether you will expand your program over time, and how your program will: VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (i) Link with other ROSS-funded selfsufficiency programs; (5 points) (ii) Involve community partners in the delivery of services; (4 points) and (iii) Link to comprehensive services versus a small range of services geared toward enhancing economic opportunities for residents (3 points). (b) Feasibility and Demonstrable Benefits (10 points). This factor examines whether your proposal is logical, feasible and likely to achieve its stated purpose during the term of the grant. HUD’s desire is to fund applications that will quickly produce results and advance the purposes of the FSS program. (i) Timeliness (5 Points). This subfactor evaluates whether your proposal is ready to be implemented shortly after grant award, but not to exceed three months following the execution of the grant agreement. Your proposal must indicate timeframes and deadlines for accomplishing major activities. (ii) Description of the problem and solution (5 Points). Your proposal will be evaluated based on how well your proposal and approach to case management address the needs described in Rating Factor 2. (c) Salary Appropriateness/Efficient Use of Grant (4 Points). You will be evaluated based on whether the salary you propose for the program coordinator is comparable to similar professions in your local area. In addition, your narrative must justify the salary you propose to pay the program coordinator by using local pay rates for comparable professions. (d) Ineligible Activities. Two points will be deducted for each ineligible activity proposed in the application, as identified in Section IV (E). For example, you will lose 2 points if you propose costs that exceed the limits identified in the NOFA for a Project Coordinator. (2) Addressing HUD’s Policy Priorities (4 points). HUD wants to improve the quality of life for those living in distressed communities. HUD’s grant programs are a vehicle through which long-term, positive change can be achieved at the community level. Your proposal will be evaluated based on how well it meets the following HUD policy priorities: (a) Improving the Quality of Life in Our Nation’s Communities (1 point). In order to receive points in this category, your narrative must indicate how your FSS program will help residents successfully transition from welfare to work and earn higher wages. (b) Providing Full and Equal Access to Grassroots Faith-Based and Other PO 00000 Frm 00119 Fmt 4701 Sfmt 4703 14093 Community-Based Organizations in HUD Program Implementation (1 point). HUD encourages applicants to partner with grassroots organizations, e.g., civic organizations, grassroots faith-based and other community-based organizations. These grassroots organizations have a strong history of providing community services such as developing first-time homeownership programs, creating economic development programs, providing job training and other supportive services. In order to receive points under this factor, your narrative must describe how you will work with these organizations and what types of services they will provide. (c) Policy Priority for Increasing the Supply of Affordable Housing Through the Removal of Regulatory Barriers to Affordable Housing (up to 2 points). Under this policy priority, higher rating points are available to: (1) Governmental applicants that demonstrate successful efforts in removing regulatory barriers to affordable housing, and (2) nongovernmental applicants undertaking activities in jurisdictions that have carried out successful efforts in removing barriers. For applicants to obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants would have to complete form HUD 27300, ‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers.’’ A copy of HUD’s Notice entitled America’s Affordable Communities Initiative, HUD’s Initiative on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD’s 2004 Competitive Funding Allocations’’ can be found on HUD’s Web site at https://www.hud.gov/grants/ index.cfm. The information and requirements contained in HUD’s regulatory barriers policy apply to this FY 2005 NOFA. A description of the policy priority and a copy of form HUD 27300 can be found in the General Section Applicants are encouraged to read the Notice as well as the General Section to obtain an understanding of this policy priority and how it can impact their score. A number of questions expressly request the applicant to provide brief documentation with their response. Other questions require that for each affirmative statement made, the applicant must supply a reference, URL, or a brief statement indicating where the back-up information may be found, and a point of contact, including a telephone number and/or e mail address. The electronic copy of the HUD 27300 has space to identify a URL or reference that the material is being scanned and E:\FR\FM\21MRBK3.000 21MRBK3 14094 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices attached to the application as part of the submission or faxed to HUD following the facsimile submission instructions. d. Rating Factor 4: Achieving Results and Program Evaluation (15 Points) (1) An important element in this year’s NOFA is the development and reporting of performance measures and outcomes. This factor emphasizes HUD’s determination to ensure that applicants meet commitments made in their applications to help families achieve true self-sufficiency. Applicants must demonstrate how they propose to measure their success and outcomes as they relate to the Department’s Strategic Plan. (2) HUD requires FSS applicants to develop an effective, quantifiable, outcome-oriented plan for measuring performance and determining that goals have been met. Applicants must use the Logic Model form (HUD–96010) for this purpose. (3) Applicants must establish interim benchmarks, or outputs, for their proposed program that lead to the ultimate achievement of outcomes. ‘‘Outputs’’ are the direct products of a program’s activities. Examples of outputs are: the number of eligible families that participate in supportive services, the number of families enrolled, the number of families with increased earned income, the number of families who have left assisted housing altogether, or the number of households that develop an escrow account. ‘‘Outcomes’’ are benefits that the residents, families and/or communities have accrued during or after participation in the FSS program. Applicants must clearly identify the outcomes to be achieved and measured. Examples of outcomes are: increasing residents’ financial stability (e.g., increasing assets of a household through savings or escrow), increasing the number of FSS graduates, or increasing employment stability (e.g., whether persons assisted obtain or retain employment for one or two years after job training completion). Outcomes are not the actual development or delivery of services or program activities. (4) This rating factor requires that applicants identify program outputs, outcomes, and performance indicators that will allow HUD and applicants to measure performance and accountability. Performance indicators should be objectively quantifiable and measure actual achievements against anticipated achievements. Applicants’ narrative and Logic Model should identify what applicants are going to measure, how they are going to measure it, and the steps they have in place to make adjustments to their work or VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 management practices if performance targets begin to fall short of established benchmarks and timeframes. Applicants must include the standards, data sources, and measurement methods they will use to measure performance. (5) In order to respond to this factor, applicants should use the sample performance measures (HUD–52758) located in the Appendix as a guide. Applicants will be evaluated based on how they propose to measure their program’s outcomes, e.g. whether the Logic Model tracks activities and outcomes resulting from the proposed activities, whether the Logic Model identifies evaluation tools and sources, and whether the Logic Model provides output and outcome information for the short, medium and long-term. B. Review and Selection Process 1. Review Process: Four types of reviews will be conducted: a screening to determine if you are eligible to apply for funding under the FSS grant category; whether your application submission is complete, on time and meets the threshold requirements; a review by the field office (or ONAP) to evaluate past performance and whether there is an approved FSS Action Plan on file with the field office; and a technical review to rate your application based on the four rating factors provided in this NOFA. 2. Selection Process: The selection process is designed to achieve geographic diversity of grant awards throughout the country. HUD will first select the highest ranked application from each of the ten federal regions and DPONAP for funding. After this ‘‘round,’’ HUD will select the second highest ranked application in each of the ten federal regions (the second round). HUD will continue this process with the third, fourth, and so on, highest ranked applications in each federal region and DPONAP until the last complete round is selected for funding. If available funds exist to fund some but not all eligible applications in the next round, HUD will make awards to those remaining applications in rank order (by score) regardless of region and DPONAP and will fully fund as many as possible with remaining funds. If remaining funds are too small to make an award, they may be transferred to another ROSS funding category. 3. Tie Scores. In the event of a tie between two applications from the same region, HUD will select the application that was received first. 4. Deficiency Period. Applicants will have fourteen calendar days to provide missing information requested from HUD. For other information on PO 00000 Frm 00120 Fmt 4701 Sfmt 4703 correcting deficient applications, please see the General Section. VI. Award Administration Information A. Award Notices: HUD will make announcements of grant awards after the rating and ranking process is completed. Grantees will be notified by letter and will receive instructions for the steps they must take to access funding and begin implementing grant activities. Applicants who are not funded will also receive letters via U.S. postal mail. B. Debriefings: Applicants who are not funded may request a debriefing. Applicants requesting to be debriefed must send a written request to: Iredia Hutchinson, Director, Grants Management Center, 501 School Street, SW., Suite 800, Washington, DC 20024. See the General Section for additional information on debriefings. C. Administrative and National Policy Requirements: 1. Environmental Impact. No environmental review is required in connection with the award of assistance under this NOFA. The reason being the NOFA only provides funds for employing a coordinator who provides public and supportive services and/or a contract administrator who provides administrative and management services. Theses services listed above are categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance actions for related environmental authorities under 24 CFR 50.19(b)(3), (4) and (12). 2. Applicable Requirements. Grantees are subject to regulations and other requirements found in: a. OMB Circular A–87 ‘‘Cost principles for State, Local, and Indian Tribal Governments’’; b. OMB Circular A–133 ‘‘Audits of States, Local Governments, and NonProfit Organizations’’; c. HUD Regulations 24 CFR Part 984 ‘‘Section 8 and Public Housing Family Self-Sufficiency Program’’; and d. HUD Regulations 24 CFR Part 85 ‘‘Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments’’. 3. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Applicants and grantees must also comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u and ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing and E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices to business concerns which provide economic opportunities to low and very low-income persons. 4. Fair Housing and Civil Rights Laws. Applicants and their subrecipients must comply with all Fair Housing and Civil Rights laws, statutes, regulations, and Executive Orders as enumerated in 24 CFR 5.105(a), as applicable. Please see the General Section for more information. 5. Provision of Services to Individuals with Limited English Proficiency (LEP). Successful applicants and grantees must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with HUD’s LEP Recipient Guidance 68 FR 70968. 6. Communications. Successful applicants should ensure that notices of and communications during all training sessions and meetings be effective for persons who have hearing and/or visual disabilities consistent with Section 504, see 24 CFR Part 8.6. D. Reporting: 1. Semi-Annual Performance Reports. Grantees shall submit semi-annual performance reports to the field office. These progress reports shall include financial reports (SF–269A or its successor), the Logic Model showing achievements to date against proposed outputs and outcomes, and your evaluation procedures and activities undertaken to ensure that the project remains on schedule, within budget and that you are achieving the goals established. A narrative describing milestones, work plan progress, and problems encountered and methods used to address these problems must also be included. HUD anticipates that some of the reporting of financial status and grant performance will be through electronic or Internet-based submissions. Grantees shall use VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 quantifiable data to measure performance against goals and objectives outlined in their Logic Model. Applicants that receive awards from HUD should be prepared to report on additional measures that HUD may designate at time of award. Performance reports are due to the field office on July 30 and January 31 of each year. If reports are not received by the due date, grant funds will be suspended until reports are received. 2. Reporting Using HUD–50058 Addendum. Grantees must also report on PH FSS program participants to PIC using the HUD–50058 addendum to report on the enrollment, progress, and exit of individual families. Failure to report to PIC is a violation of the program and may result in grant termination. 3. Final Report. All grantees shall submit a final report to their local field office. This will include a financial report (SF–269A or its successor) and a narrative evaluating overall performance against goals. Grantees shall use quantifiable data to measure performance against goals and use the Logic Model as part of their final report submission. The financial report shall contain a summary of salary expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. The final narrative, Logic Model, and financial report shall be due to the field office 90 days after the termination of the grant agreement. VII. Agency Contact(s) For questions and technical assistance, you may call the Public and Indian Housing Information and Resource Center at 800–955–2232. For persons with hearing or speech PO 00000 Frm 00121 Fmt 4701 Sfmt 4703 14095 impairments, please call the toll-free Federal Relay Service at 800–877–8339. VIII. Other Information A. Code of Conduct: See the General Section for more information. B. Transfer of Funds. If transfer of funds from any of the ROSS programs does become necessary, HUD will give first priority to Homeownership Supportive Services, second priority to Family Self-Sufficiency, third priority to RSDM—Family, and fourth priority to RSDM—Elderly/Disabled. HUD does not have the discretion to transfer funds for the Neighborhood Networks program to any other funding category under ROSS. C. Paperwork Reduction Act: The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2577–0229. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average eight hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. D. Appendix of Forms. The forms specific to the FSS under the ROSS Program follow. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.222</GPH> 14096 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14097 EN21MR05.223</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.224</GPH> 14098 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14099 EN21MR05.225</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.226</GPH> 14100 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14101 EN21MR05.227</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.228</GPH> 14102 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14103 EN21MR05.229</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.230</GPH> 14104 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14105 EN21MR05.231</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.232</GPH> 14106 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14107 EN21MR05.233</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.234</GPH> 14108 Housing Opportunities for Persons With AIDS (HOPWA) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, VerDate jul<14>2003 20:01 Mar 18, 2005 Jkt 205001 Office of Community Planning and Development (CPD), Office of HIV/AIDS Housing. PO 00000 Frm 00135 Fmt 4701 Sfmt 4703 14109 B. Funding Opportunity Title: Housing Opportunities for Persons With AIDS (HOPWA). C. Announcement Type: Initial Announcement E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.235</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14110 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices D. Funding Opportunity Number: The Federal Register number for this NOFA is: FR–4900–N–14. The OMB approval number for this program is 2506–0133. E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 14.241 Housing Opportunities for Persons With AIDS Program. F. Dates: The application submission date is on May 27, 2005 for the Renewal of expiring HOPWA permanent supportive housing projects and for New and Continuing HOPWA applications. Refer to the General Section for application submission and timely receipt requirements. G. Additional Overview Information: 1. Purpose of the Program: To provide States and localities with the resources and incentives to devise Long-term comprehensive strategies for meeting the housing and related supportive service needs of low-income persons with Human Immunodeficiency Virus/ Acquired Immunodeficiency Syndrome (HIV/AIDS) and their families. Grant recipients will measure client outcomes to assess how housing assistance results in creating or maintaining stable housing, reduces risks of homelessness, and improves access to healthcare and other needed support. States, units of general local government, and nonprofit organizations interested in applying for funding under this grant program should carefully review the General Section and detailed information listed in this Program NOFA. There is no separate Application Kit for this Program NOFA. 2. Available Funds. Approximately $27,925,000 in FY2005 funding is made available along with approximately $9,052,000 in remaining FY2004 funds. These amounts may be adjusted based on the approved appropriations for the Department’s HOPWA program for Fiscal Year 2005. The Department’s 2004 SuperNOFA, published on May 14, 2004, stated that HUD would issue a Notice at a later date to award any remaining 2004 HOPWA competitive funds for new and continuing projects. The selection of the 2004 Renewals for permanent supportive housing projects was made on October 25, 2004 for the award of $20,175,475 to 22 eligible projects. The remaining amount of approximately $9,052,000 is being made available through this Notice. This Notice makes available funding for three types of HOPWA competitive grants: (1) Renewals of expiring HOPWA projects that conduct permanent supportive housing activities (Renewals); (2) new awards for permanent supportive housing activities to be conducted by States and units of general local government that are not VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 eligible to receive HOPWA formula allocations (Long-term projects); and (3) awards for new and continuing Special Projects of National Significance (SPNS) demonstration projects that will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period. Remaining FY2004 funds will be made available for new long-term projects and, if funds remain, for new and continuing SPNS demonstration projects, in the order of their ranking in their category of grants. FY2005 funds will be made available in the following priority order: (1) Renewal of expiring HOPWA grants providing permanent supportive housing as described in Renewal of Permanent Supportive Housing Grants; (2) and if FY2005 funds remain, new awards for long-term projects; and (3) then awards for new and continuing Special Projects of National Significance (SPNS) demonstration projects. 3. Eligible Applicants. States, units of general local government, and nonprofit organizations may apply for HOPWA competitive funding under this Program NOFA. Eligibility requirements are contained below. 4. Match. There are no cost sharing or matching requirements for applications under this program NOFA. However, requests to fund projects under this Program NOFA will be reviewed for leveraging, see Section IV.B. 5. Authorities. If you are interested in applying for funding under this program, please review carefully the General Section and the following sections of this Program NOFA. For more information on eligible activities under the HOPWA Program, see the HOPWA program regulations at 24 CFR part 574 and the AIDS Housing Opportunity Act (42 U.S.C. 12901– 12912), which govern the program. Full Text of Announcement Funding Opportunity Description A. Program Description 1. Renewal of Permanent Supportive Housing Grants. Under the Department’s Appropriations Act, the Secretary is required to renew qualifying expiring contracts for permanent supportive housing. HUD will renew previously funded competitive grants that meet the eligibility requirements below and all program requirements. Applications will be reviewed on a pass/fail threshold review system and are not required to address the Department PO 00000 Frm 00136 Fmt 4701 Sfmt 4703 policy priorities described in the General Section. 2. New Long-Term Projects for Permanent Supportive Housing. HUD will award funds for permanent supportive housing activities through a competitive selection process for new Long-term projects that provide housing and related supportive services to lowincome persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. 3. New and Continuing SPNS Demonstration Grants. HUD will award new and continuing Special Projects of National Significance (SPNS) demonstration grants through a competitive selection process. SPNS demonstration projects will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. Consistent with the selection considerations established at 42 U.S.C. 12903(c)(3)(C), demonstration projects will help show program successes or lessons learned in planning, operating and evaluating an innovative type of service delivery model for the purposes of demonstrating potential replicability in the HOPWA program, in addition to other housing programs throughout the nation. For purposes of this Program NOFA, ‘‘New and Continuing projects’’ refers to new Long-term projects and new and continuing SPNS demonstration projects collectively. 4. Definitions for all HOPWA grants. a. Chronically Homeless Person. A chronically homeless person is defined as an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least 4 episodes of homelessness in the past 3 years. A disabling condition is defined as a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. b. Long-term Project. The term ‘‘Longterm Project’’ refers to projects established by State or local government applicants that are part of Long-term Comprehensive Strategies (Long-term) which provide housing and related supportive services for low-income persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. c. SPNS Demonstration Grant or Project. The term SPNS demonstration grant refers to Special Projects of National Significance (SPNS) awards for E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices new housing project activities or service delivery models for providing housing assistance to eligible persons. In conjunction with these activities, SPNS demonstration projects must include specific plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. SPNS demonstration grants will only be awarded to transitional, short-term and emergency housing projects. Funding for SPNS demonstration projects is provided on a one-time only basis. These projects do not provide permanent supportive housing and, therefore, will not be eligible for renewal under the current criteria for permanent supportive housing projects. HOPWA support for participants is expected to terminate as they become more self-sufficient, move to or benefit from permanent housing programs, or establish stable permanent housing through other means. d. Expiring Grant is defined by the end date in the grant agreement signed with HUD on the existing project (including any amendment or extension approved by HUD) which results in an existing agreement expiring in Federal Fiscal Year 2005 (i.e., from October 1, 2004 to September 30, 2005), or will expire within 18 months after the date of the publication of this Program NOFA. e. Lease or Occupancy Agreement. In establishing that an eligible person has obtained permanent supportive housing and a legal right to continue in that housing unit, the lease or occupancy agreement must be for a term of at least one year. The lease or occupancy agreement must also be automatically renewable upon expiration, except on reasonable prior notice by either the tenant or the landlord. f. Nonprofit Organization. Non-profit organization means any non-profit organization (including a State or locally chartered, nonprofit organization) that: (1) Is organized under State or local laws; (2) Has no part of its earnings inuring to the benefit of any member, founder, contributor or individual; (3) Has a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and (4) Has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases, as clarified to include infection with the human immunodeficiency virus (HIV). VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 g. Permanent Supportive Housing. Permanent supportive housing is defined as housing in which the eligible person has a continuous legal right to remain in the unit and which provides the eligible person ongoing supportive services through qualified providers. HUD will consider a grant to provide permanent supportive housing if 51 percent or more of HOPWA program activity funds are used: (1) To provide for the development or operation of permanent housing or rental assistance for permanent housing units where ongoing supportive services are made available through other leveraged resources; and (2) to provide for supportive services for residents in permanent housing; or (3) in some combination of these. As provided in Section III.C.2.(i), ‘‘Grant Purpose and Agreements to Operate Eligible Permanent Supportive Housing Grants’’, you must include in your grant files a copy of the standard lease form or occupancy agreement used for residents of the project. The lease or occupancy agreement must meet the definition for such agreements provided above. Failure to maintain this project documentation of the client’s lease or occupancy agreement will constitute a grant default. The requirements governing termination of housing are located in 24 CFR 574.310(e). h. Transitional Housing. For purposes of this notice, the term ‘‘transitional housing’’ means housing, the purpose of which is to facilitate the movement of eligible person(s) to permanent housing within 24 months. The eligible person(s) may remain in transitional housing for a longer period if permanent housing for the eligible person(s) has not been located or the eligible person(s) requires additional time to prepare for independent living. However, no more than half of the eligible persons may remain in that project longer than 24 months. Failure to observe this requirement may constitute a grant default, which could result in grant sanctions (including deobligation). B. Statutory and Regulatory Requirements If you are interested in applying for funding under this program, please review carefully the General Section and this Program NOFA. For more information on the HOPWA program, including eligible uses of funds, see the HOPWA program regulations at 24 CFR part 574 and the AIDS Housing Opportunity Act (42 U.S.C. 12901– 12913), which govern the program. PO 00000 Frm 00137 Fmt 4701 Sfmt 4703 14111 C. Availability of Other HOPWA Resources 1. Formula Allocations. Applicants are advised to also consider seeking funds from the formula component of the HOPWA program and from other resources. Ninety percent of the HOPWA program is allocated by formula to eligible States and qualifying cities. In FY2005, HUD expects that the approximately $251 million in HOPWA funds will be distributed by formula to the qualifying cities for 83 eligible metropolitan statistical areas (EMSAs) and to 39 eligible States for areas outside of EMSAs. The formula amounts are subject to the amounts approved by Congress for Fiscal Year 2005. Recipients of formula funds must follow HUD’s Consolidated Plan process. Information on consolidated planning, including HOPWA formula programs and descriptions of previously awarded competitive grants, is available on the HUD Web site at www.hud.gov/grants. 2. National HOPWA Technical Assistance. To apply for funding to serve as a provider of HOPWA technical assistance, you must submit an application for funds under the Community Development Technical Assistance (CDTA) part of the SuperNOFA. The CDTA notice makes HOPWA funds available to organizations qualified to provide technical assistance support to HOPWA grantees and project sponsors. Organizations seeking help in managing their HOPWA project, such as advice or other help needed in planning, operating, reporting to HUD and evaluating HOPWA programs, can request technical assistance by contacting their State or area CPD office. II. Award Information A. Total. Approximately $27,925,000 in FY2005 funding along with approximately $9,052,000 in carry-over FY2004 funds will be awarded under this HOPWA Program NOFA. B. Number and Timing of Awards. HUD anticipates that projects awarded under this Notice will be announced by August 30, 2005. It is expected that selected Renewal Projects will continue program activities under a new grant agreement for an additional three years. The start date for the new agreement shall be immediately following the end date of the existing agreement so there is continuity of service. The period of performance for new Long-term projects is three years, with the potential for HUD approval of a one-time extension of up to 12 months. These grants may be eligible for Renewal as expiring permanent supportive housing projects. E:\FR\FM\21MRBK3.000 21MRBK3 14112 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices The period of performance for new and continuing SPNS demonstration projects is three years, with the potential for HUD approval of a onetime extension of up to 12 months. These grants do not provide permanent supportive housing and, therefore, will not be eligible for Renewal under the current criteria for permanent supportive housing projects. C. Maximum Grant Award. In order to fairly distribute available funding, the maximum grant award that you may receive is: 1. For program activities: $1,300,000 (e.g., activities that directly benefit eligible persons); 2. For grant administrative costs of the grantee: 3 percent of the awarded grant amount (e.g., an additional $39,000 if the maximum grant is awarded); 3. For grant administrative costs for project sponsors: 7 percent of the amounts received by the project sponsor under the grant (e.g., an additional $91,000 if the maximum grant is awarded); 4. Total maximum grant amount for all categories of grant awards under this NOFA is: $1,430,000. D. Average Grant Award. Based on the results of the 2004 HOPWA competition, the average grant award for the 22 grants selected was $916,600. III. Eligibility Information A. Eligible Applicants 1. Eligibility for Funding to Nonprofit Organizations. If you are a nonprofit organization, you must also satisfy the nonprofit requirements established in the definition for eligible nonprofit organization found in 24 CFR 574.3 and in the definitions section of this Program NOFA. In the case that a nonprofit organization is being added to your Renewal project in your application, or a sponsor’s legal status has changed due to merger or other action, you will also need to submit the related required information described in Section IV.B of this Program NOFA. 2. General Eligibility for Renewal of Expiring Grants for Permanent Supportive Housing. Eligible applicants are States, units of general local government, and nonprofit organizations that have been awarded funds under a previous HOPWA national competition and operated their projects under a signed grant agreement with HUD. To be eligible, your project must provide permanent supportive housing to eligible persons under an expiring grant and meet the threshold requirements established under this Program NOFA to continue to receive funding for your project. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 3. Additional Eligibility for Renewal and Continuing Projects. To be eligible for a Renewal or continuing grant, you must be operating your existing HOPWA competitive project in a manner that meets program requirements. This is evidenced by not having a record of poor performance or unresolved grants management issues with your existing project. HUD will consider any evidence of poor performance taking place up to the date of the public announcement of awards under this NOFA. Unresolved problems may include: HUD knowledge that planned activities remain significantly delayed in their implementation; a significant number of planned housing units are vacant; required annual progress reports are not timely filed with HUD; unresolved actions pending under a HUD notice of default on your current grant or significant citizen complaints are unresolved or not responded to with justified reasons. Weak performance may also be evident if more than 50 percent of grant funds remain recorded as unexpended as of the application due date for Renewals under this Program NOFA, as measured by reimbursements filed with HUD’s financial system. 4. General Eligibility on New and Continuing Applicants and Sponsors. States, units of general local government, and nonprofit organizations may apply under the Special Projects of National Significance (SPNS) demonstration grants category to propose new or continuing projects which will provide residents with permanent housing assistance by the end of their operating period. However, States and units of general local government are encouraged to apply under the ‘‘Long-term’’ category, if the project entails new permanent supportive housing activities in areas that did not receive HOPWA formula allocations in FY2004 or are not designated to receive allocations in FY2005. Applicants under the Longterm category of grants will be reviewed, rated, and ranked with other applications under this funding category. Nonprofit organizations are not eligible to apply directly for Longterm grants, but may serve as a project sponsor for an eligible State or local government applicant. B. Cost Sharing or Matching There are no cost sharing or matching requirements for applications under this program NOFA. However, requests to fund projects under this Program NOFA will be reviewed for leveraging, see Section IV.B. paragraphs 3.e. for PO 00000 Frm 00138 Fmt 4701 Sfmt 4703 renewals and 4.f. for new and continuing projects. C. Other Eligibility Requirements 1. Threshold Requirements for All Applications. Applicants must meet the Threshold requirement identified in the General Section. HUD will also review your application to determine that you are eligible for funding, as follows: a. Eligible Applicant. (1) Your application is consistent with the requirements of Section III of this Program NOFA for eligibility based on applicant requirements, project sponsor requirements and the lack of any unresolved management issues for Renewal and continuing grants; and (2) Your application complies with the Dun and Bradstreet Data Universal Numbering System (DUNS) Number Requirement. Beginning in Federal Fiscal Year 2004, any applicant seeking funding directly from HUD must obtain a DUNS number and include it in their SF–424 Application for Federal Assistance submission. Failure to provide a DUNS number can prevent you from obtaining an award. This policy is pursuant to OMB Policy issued in the Federal Register on June 27, 2003 (68 FR 38402). The Grants.gov registration process for applying on line requires the applicant have a DUNS number to be authenticated. More information on the requirement of the DUNS Number can be found in the General Section. b. Expiring Grants. For a Renewal or continuing grant, your application is consistent with the definition for a HOPWA expiring grant in Section I.A. of this Program NOFA. c. Permanent Supportive Housing Projects. For a Renewal or new Longterm project, your application is consistent with the definition for a HOPWA permanent supportive housing grant in Section I.A of this Program NOFA. d. Eligible Project Sponsors. Your application is consistent with the requirements for eligibility of project sponsors, as follows: If the project sponsor is a nonprofit organization, that organization must also satisfy the nonprofit requirements established in the definition of eligible nonprofit organization found in 24 CFR 574.3 and in the definition section of this Program NOFA. In the case that the organization’s nonprofit status has changed since the time of your original application to HUD under the prior competition, or a nonprofit organization is being added to your Renewal or New and Continuing project, you will need to submit the required information E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices described in Section IV.B. of this Program NOFA. To the maximum extent possible, the Renewal project should continue with the same project sponsors, as documented in the prior HOPWA award or amendments to that award as approved by HUD. HUD will consider the merits for changing a project sponsor as sufficient if the new sponsor evidences the capacity to enhance project operations or improve responsiveness to eligible persons. Such examples for changing a project sponsor may be that a new project sponsor has greater management, financial, or program service delivery capacity to conduct program activities or a prior project sponsor is no longer in operation, had evidence of inefficient or unresponsive behavior under their prior service, or has merged with another entity. 2. Program Requirements. All grant recipients must also meet the following program requirements, including performance goals and operational benchmarks and conduct project activities in a consistent and ongoing manner over the approved grant operating period. If a selected project does not meet the appropriate requirement, HUD reserves the right to cancel or withdraw the grant funds. a. General Provisions. The provisions outlined within the General Section apply to the HOPWA program unless otherwise stated within this Program NOFA. Specifically, you are encouraged to review, Section III.C., Other: Requirements and Procedures Applicable to All Programs. b. Environmental Requirements. All HOPWA assistance is subject to the National Environmental Policy Act and applicable related Federal environmental authorities. While some eligible activities, such as tenant-based rental assistance, supportive services, operating costs, and administrative costs, are excluded from environmental review because of the lack of environmental impact, other activities require environmental review. All new facility-based projects must undergo an environmental review. In accordance with Section 856(h) of the AIDS Housing Opportunities Act and the HOPWA regulations at 24 CFR 574.510, environmental reviews for HOPWA activities are to be completed by responsible entities (including units of general local government, States, Indian tribes, and Alaska Native villages) in accordance with 24 CFR part 58. Applicants or grantees that are not a responsible entity must request the unit of general local government to perform the environmental review. HOPWA VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 grantees and project sponsors may not commit or expend any grant or nonfederal funds on project activities until HUD has approved a ‘‘Request for Release of Funds and Certification’’ (RROF), form HUD–7015.15, on compliance with the National Environmental Policy Act and implementing regulations at 24 CFR part 58 (Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities) and the environmental certification from the responsible entity (other than those listed in 24 CFR 58.22(f), 58.34 or 58.35 (b) for which the responsible entity documents its findings of exemption or exclusion for the environmental review record (24 CFR 58.34 (b) or 24 CFR 58.35 (d)). The recipient, its project partners and their contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project, or commit or expend HUD or local funds for such eligible activities, until the responsible entity (as defined in 58.2) has completed the environmental review procedures required by 24 CFR part 58 and the environmental certification and RROF have been approved. HUD will not release grant funds if the recipient or any other party commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the recipient submits and HUD approves its RROF (where such submission is required). The recipient shall supply all available, relevant information necessary for the responsible entity to perform, for each property, any environmental review required. c. Required HOPWA Performance Goals. Grant recipients must conduct activities consistent with their planned annual housing assistance performance output goals, objectively measure actual achievements against anticipated achievements, and report on their actual performance housing outputs and client outcomes. Applicants are requested to use the HOPWA Budget Form found in the appendices in this Program NOFA for recording the funding for housing assistance activities that are associated with these performance outputs, including any funding request for HOPWA funds and/or your commitment to use other funds for this purpose. Applicants must establish a reasonable client outcome goal on achieving housing stability to be quantified after each year of operation to demonstrate client outcomes. HUD expects that each HOPWA grantee will show that at least half of the beneficiaries achieve stable housing in their program during the PO 00000 Frm 00139 Fmt 4701 Sfmt 4703 14113 operating year, as shown by stable housing arrangements for the household at the end of each operating year. The grantee will assist in establishing a baseline on annual performance to help measure how future efforts lead to the achievement of higher levels of housing stability. On a national basis, HUD has established the goal that over 80 percent of clients will be shown to be in stable housing situations by 2008. (1) Required Output. The projected number of low-income households with persons living with HIV/AIDS expected to benefit from HOPWA assistance by the type of housing support to be provided through your project during each operating year. (2) Required Outcome. Through the use of HOPWA housing assistance and related supportive services, the number of eligible persons shown annually to have established or maintained housing stability, along with reduced risks of homelessness, and improved access to healthcare, and other support for eligible persons. d. Optional Program Performance Goals. (1) Optional Outputs. In addition to required performance goals described in the paragraph above, you may include other measures or annual indicators, such as the projected numbers of persons, client contacts by service, the number of permanent housing client plans established by case managers, the number of jobs created through a job training or skills development program or other measures of the numbers to be served through each activity during each project operating year. (2) Optional Outcomes. In addition, you may establish other outcome goals, such as: increase the access to permanent housing for eligible persons to enable these households to become more self-sufficient as evidenced by increase in income or reduced need for housing or other Federal or non-federal subsidies and support. In addition, outcomes should also address the challenge of homelessness for persons living with HIV/AIDS and their families, including persons who are chronically homeless, by enabling them to move from transitional housing to permanent housing with appropriate supportive services assistance. e. HUD Logic Model. To illustrate the planning for the use of resources, project activities, required outputs and outcomes, and other grantee identified goals, and for reporting on annual accomplishments, you must use the Logic Model (Form HUD–96010) in the General Section to meet these application requirements. Applicants E:\FR\FM\21MRBK3.000 21MRBK3 14114 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices must make use of the required elements in paragraph (a) in this form. f. HOPWA Facility Use Period Requirement. Any building or structure assisted with amounts under this part will be maintained as a facility to provide assistance for eligible persons: (1) For not less than 10 years in the case of assistance involving new construction, substantial rehabilitation or acquisition of a building or structure; and (2) for not less than three years in cases involving substantial rehabilitation or repair of a building structure. g. Grant Purpose and Agreements to Provide Permanent Supportive Housing. As a requirement for the receipt of these Federal funds, the grant applicant agrees to maintain project eligibility and related documentation on the following: (1) Agreement to Continue the Provision of Permanent Housing. For projects providing permanent housing, your application constitutes an agreement that you will continue to provide permanent supportive housing support to HOPWA eligible persons over the operating period of this grant. This agreement must insure that at least 51 percent of the HOPWA program activity funds awarded to your project are used for this purpose and any new funds and related commitment of other funds will continue to provide permanent supportive housing to eligible persons for the planned annual outputs. (2) Agreement to Continue the Use of Other Resources. If your project will rely on other State, local, Federal, or private resources to provide the permanent housing or supportive services portion of your project as documented and approved by HUD in commitment letters for leveraging, you must ensure that the other resources will continue to be available for that purpose for project beneficiaries throughout their commitment periods under the term of the grant. Failure to use committed resources as documented and approved by HUD for leveraging will constitute a grant default which could result in grant sanctions, including the reduction in amounts awarded for supportive services for which the commitment is not evidenced in grant operations. (3) Agreement on Permanent Client Occupancy. For projects providing permanent housing, excluding shortterm mortgage, rent, and utility payments projects, you must agree to maintain evidence that the client has a continuous legal right to remain in the unit or property and has access to ongoing supportive services provided through qualified providers. You must VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 include in your grant files a copy of the standard lease form or occupancy agreement used for residents of the project. The lease or occupancy agreement must be for a term of at least one-year. The lease or occupancy agreement must also be automatically renewable upon expiration, except on reasonable prior notice by either the tenant or the landlord. The requirements governing termination of housing are located in 24 CFR 574.310(e). Failure to maintain this project documentation of the client’s lease or occupancy agreement will constitute a grant default. h. Execution of Grant Agreement and Obligation of Awards. HOPWA grants are obligated upon execution of the grant agreement Applicants selected for receiving FY2005 funding must execute grant agreements, as soon as practicable but no later than six months after the notice of selection. For applicants selected for receiving FY2004 funding under this competition, the grant agreement must be executed as soon as practicable, but by no later than September 15, 2005, consistent with a statutory requirement for the obligation of the FY2004 funds. i. Disbursement of Funds. Under this Program NOFA, grant recipients must fully expend their grant in a consistent and ongoing manner, and complete the use of the funds by no later than three years following the effective date or the operation start date in the grant agreement, unless HUD has approved a one-time extension of the grant agreement term of an additional 12 months or less. A time limit on grant expenditures, that is established in the National Defense Authorization Act for Fiscal Year 1991, requires the expenditure of all HOPWA funds awarded under the FY2004 Appropriations Act by September 30, 2010, and HOPWA funds awarded under the FY2005 Appropriations Act by September 30, 2011. After September 30, 2010 (for FY04 funds) and September 30, 2011 (for FY05 funds), any unexpended funds shall be canceled and, thereafter, shall not be available for obligation or expenditure for any purpose. j. Site Control through Acquisition or Lease. If you acquire or lease a site for housing activities, you are required to gain site control within one year from the date of your notice of selection by HUD. k. Rehabilitation or New Construction. If you propose to use HOPWA funds for rehabilitation or new construction activities for housing projects, you must agree to begin the rehabilitation or construction within 18 months, and all PO 00000 Frm 00140 Fmt 4701 Sfmt 4703 rehabilitation or construction work must be complete within the terms of your grant agreement with HUD. l. Project Operations. If funds are used for operating costs of existing housing facilities, you must agree to begin to use these funds within six months, consistent with the terms of your grant agreement with HUD. If funds for a New and Continuing project, are to be used for operating costs, in connection with the new construction or substantial rehabilitation of housing facilities, the amount of funds designated for operating costs must be limited to the amount to be used during the portion of the planned three-year period for your grant agreement for which the facility will be operational and assisting eligible persons. Delays in the project’s development activities, such as the planned completion of the construction or rehabilitation activities, could result in the loss of funds designated for operating costs, if such funds remain in excess after the authorized use period for this award. For example, if you expect to take two years to complete the rehabilitation of the facility, any operating costs could only be requested for use in the remaining one-year of the planned three-year operating period for this award. 3. Eligible Activities. a. Renewal Project Guidelines. (1) The activities to be renewed must be ongoing forms of support over three years.(2) The Renewal application may also establish a reasonable level of operating costs for a permanent supportive housing facility that involved the use of HOPWA funding for its acquisition, new construction, leasing or rehabilitation in the prior or original grant. Subject to standards set forth in applicable OMB Circulars, you may establish your request for operating costs based on current costs for operating your project (or a housing project of a similar type and size) as the reasonable and necessary operating costs for maintaining the investment in these permanent housing projects over the term of the Renewal grant. (3) Administrative costs for grantees and project sponsors, which must include the use of funds for data collection on project outcomes, are available as part of your Renewal budget request. HUD expects that the use of administrative funds for data collection will help to ensure strong program management and result in accurate reporting of outputs and outcomes. b. General Guidelines on Eligible Activities Applying to All Projects (1) Proposed Project Activities. In your application, you must specify the activities and budget amounts for which E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices HOPWA funds are being requested, consistent with the eligible activities found in the HOPWA regulations at 24 CFR 574.300–340. For SPNS demonstration grants, activities are limited to those entailing transitional, short-term and emergency housing assistance. A copy of the regulations may be downloaded from www.hud.gov/ offices/cpd/aidshousing/lawsregs/ index.cfm. You are encouraged to review the HOPWA regulations before seeking funding. HUD will not approve proposals that depend on a prospective determination as to how program funds will be used. For example, a proposal to establish a local request-for-proposal process to select either activities, or to select project sponsors, and other similar proposals that have the effect of delaying the obligation of funds due to the unplanned use of HOPWA funds, will not be approved. (2) Additional Guidance on Use of Program Funds. (a) Housing Assistance. (i) HOPWA projects must demonstrate that housing assistance is the main focus of their project. Please indicate if you propose to use HOPWA funds to provide permanent supportive housing (as defined in Section I.A.1.a). If you are proposing emergency or transitional housing assistance, your plan must include linkages to permanent supportive housing. As found at 24 CFR 574.300(b)(8), operating costs for housing include the day-to-day operating costs for the housing project, including costs for maintenance, security, operations, insurance, utilities, furnishings, equipment, supplies, and other incidental costs for the housing activities, such as costs for staff involved in the housing functions of this project. (ii) As addressed in the rating criteria for New and Continuing projects, to receive the maximum points under the rating criteria, your project must clearly address the housing needs of eligible persons through the direct use of HOPWA funds for eligible housing costs. (b) Supportive Services. Many of the eligible persons who will be served by HOPWA may need other support in addition to housing. It is important that you design programs that enhance access to those existing mainstream resources through community wide strategies to coordinate assistance to eligible persons. These mainstream programs include: healthcare; AIDS drug assistance, and other services funded through the Ryan White CARE Act; other Federal programs such as Medicaid, Children’s Health Insurance Program, Temporary Assistance for VerDate jul<14>2003 22:23 Mar 18, 2005 Jkt 205001 Needy Families, Food Stamps, Mental Health Block Grant, Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program; and other State, local and private sources. Further, to help ensure that selected projects address housing related purposes, no more than 35 percent of the proposed budget for program activities undertaken by New and Continuing project recipients, and no more than 35 percent of the maximum grant amount for program activities for a Renewal grant, can be designated for supportive services costs. Applications will be reviewed for leveraging resources, including commitments to provide additional supportive services in an amount equal to or greater than the total amount requested for supportive services, as described in Section IV.B.5. In addition, HUD will not award funds for the acquisition, lease, rehabilitation, or new construction of a supportive servicesonly facility. Additional restrictions and limitations that apply to supportive services such as healthcare costs can be found at 24 CFR 574.300. HUD will not provide funds for medications. Costs for staff engaged in delivering the supportive service is part of the supportive service activity cost, and should not be listed as operating costs or ‘‘other’’ costs in the application’s proposed budget. (c) Permanent Housing Placement Assistance. Permanent housing placement services at 574.300(b)(7) may also be used in connection with the provision of housing support provided under these awards. Permanent housing placement costs may involve costs associated with helping eligible persons establish a new residence where ongoing occupancy is expected to continue, including rental application fees, related credit checks and reasonable security deposits necessary to move persons to permanent housing, provided such deposits do not exceed two months of rent. Leveraged resources could involve other forms of move-in support, such as essential housing supplies, smoke alarms, standard furnishings, minor repairs to the unit associated with move-in, and other incidental costs for occupancy of the housing unit. While these items are not eligible as permanent housing placement costs, grantees may make use of other leveraged funds for these costs. Applicants should note that permanent housing placement is a type of supportive service and, therefore, the leveraging guidelines described in Section IV.B.5, will apply to requests for such assistance. PO 00000 Frm 00141 Fmt 4701 Sfmt 4703 14115 (d) Other HUD-Approved Activities. You may propose other activities not already authorized at 24 CFR 574.300(b), subject to HUD’s approval. Your proposal should address the expected beneficial impact of this alternative activity in addressing housing needs of eligible persons by describing the project impact and the identified performance output and client outcome measures for this activity. IV. Application and Submission Information A. Addresses To Request Application Package Copies of the published NOFAs and application forms for HUD programs announced through NOFA may be downloaded from the Grants.gov Web site at https://www.grants.gov/Apply or, if you have difficulty accessing the information, you may receive customer support from Grants.gov by calling their Support Desk at (800) 518–GRANTS or sending an e-mail to support@grants.gov. The operators will assist you in accessing the information. If you do not have internet access and need to obtain a copy of the NOFA, you can contact HUD’s NOFA Information Center toll-free at (800) HUD–8929. Persons with hearing or speech impairments may also call toll-free at (800) HUD–2209. B. Content and Form of Application Submission HOPWA applicants are not required to provide the forms, certifications, and assurances listed in the General Section unless stated below. The following certifications must be included with your application. All certifications and forms, except those found in the General Section, are included in the appendices in this Program NOFA. 1. Required and Optional Forms: Applicants are requested to submit the following information: a. Application for Federal Assistance (SF–424). b. Survey on Ensuring Equal Opportunity for Applicants (SF–424 Supplement). c. Program Outcome Logic Model (HUD–96010). d. Certification of Consistency with the Consolidated Plan (HUD–2991). e. Certification of Consistency with the RC/EZ/EC–II Strategic Plan (HUD– 2990)—if applicable to the service area of your project. f. Applicant/Recipient Disclosure/ Update Report (HUD–2880). g. Disclosure of Lobbying Activities (SF–LLL), if applicable. E:\FR\FM\21MRBK3.SGM 21MRBK3 14116 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices h. HOPWA Application Budget Summary, including HOPWA Applicant Certifications (form HUD–40110–B). i. Acknowledgement of Application Receipt (HUD–2993), if applicable due to an approved waiver of the electronic submission requirement. j. Client Comments and Suggestions (HUD–2994) (Optional). 2. Additional HOPWA guidance on forms. a. Application for Federal Assistance (SF–424). In completing the SF–424, a number of items in other required forms may be completed or automatically populated though the use of the electronic Grants.gov application. In applying for HOPWA grant funds, the applicant’s signature on the SF–424 will also show agreement for following the Program Requirements found at III.C.2., including all of the items under paragraph f. HOPWA Facility Use Period Requirement. For the HOPWA program, the following items on the SF– 424 would be completed as follows: —Item 7—The applicable letters are ‘‘A’’ for State; ‘‘B, C, or D’’ for a unit of local government; or ‘‘O’’ for Nonprofit; —Item 9—Grants.gov will enter U.S. Department of Housing and Urban Development or HUD; —Item 10—Grants.gov will enter 14.241 and the title ‘‘Housing Opportunities for Persons With AIDS Program’’ or ‘‘HOPWA’’ for the Catalog of Federal Domestic Assistance; —Item 15—You must complete the budget on page 1 along with more detailed information on the HOPWA Application Budget Summary form described below. Please make sure that both the Total Amount on page 1 and the ‘‘Total Budget’’ section on the Budget form are the same. In the event that the total budgets are in conflict, HUD will refer to the HOPWA Application Budget Summary form. —Item 16—Check ‘‘No’’. b. HOPWA Application Budget Summary (form HUD–40110–B). Please complete the HOPWA Application Budget Summary (form HUD–40110–B) that will provide a summary of the total budget for this project, the annual HOPWA amounts to be used in each of the three years of operation and description budget by project sponsor of the HOPWA funds to be used by each sponsor. On this form, you must provide a short narrative which outlines each of your requested budget line items and how the funds will be used, including the amount of requested funding by line item for you and your project sponsors. The summary items will be more fully VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 described in the applicable narrative sections of your application. c. Certification of Consistency with the Consolidated Plan (HUD–2991). Except as stated below, you must include a Consolidated Plan certification from the applicable State or local government official for submitting the appropriate plan for the areas in which activities are targeted to be carried out. The authorizing official from the State or local government must sign this certification. If your project will be carried out on a national basis or will be located on a reservation of an Indian tribe, or in one of the U.S. Territories of Guam, the Virgin Islands, American Samoa, or the Northern Mariana Islands, you are not required to include a Consolidated Plan certification from these areas with your application. 3. Application Content for Renewal Applications. The following provides the applicant with an overview of the information required for Renewal Applications. The criteria that the Renewal Application will be reviewed and rated on can be found in Section V.A.1, of this Program NOFA. For your narrative responses, please number the pages and include a header and a footer that provides the name of the applicant, the program name, and type of application (i.e., Renewal). a. Executive Summary and Synopsis. On no more than five double-spaced pages, please provide an Executive Summary of the proposed Renewal project, beginning with a two or three sentence synopsis of the focus or special purposes of your project. The summary should provide an overview of the main components of your planned HOPWA project, including any updated elements from the original project application and your annual housing output for your next operating year. In the Executive Summary, please provide the name of the grantee and any project sponsors, along with contact names, phone numbers, and e-mail addresses. b. Organizational Capacity Narrative. If a new project sponsor(s) is added to the Renewal proposal, please describe the capacity of the project sponsor(s) to conduct program activities. Follow the procedures in the General Section for submitting this documentation. You must submit documentation of the organization’s nonprofit status and HIV/ AIDS purposes, as described in Section III.A. on eligibility with your HOPWA application and maintain a copy in your project files in order to able to produce them upon request. In your statement, please address the extent to which the project sponsor(s) have the past organizational experience and PO 00000 Frm 00142 Fmt 4701 Sfmt 4703 knowledge: in serving persons with HIV/AIDS and their families; in programs similar to those proposed in your application; in monitoring and evaluating program performance and disseminating information on project outcomes; and, in achieving the purpose for which funds were provided, as measured by expenditures and measurable progress in operating the project. Please provide this narrative information on no more than two double-spaced typed pages. If you are adding more than one project sponsor, you may include up to two additional pages per project sponsor. c. Provision of Current Permanent Supportive Housing Narrative. On no more than four double-spaced pages, demonstrate how your project provides permanent supportive housing through HOPWA and/or other resources, and report on how the project has been meeting housing assistance outputs compared to planned and approved number of households or units of housing under the current grant. Include the type of assistance and number of housing units being provided and a description of the supportive services provided. Additionally, your description should outline how HOPWA and other funding, if applicable, work together to provide permanent supportive housing, including any efforts that have helped clients achieve greater self-sufficiency through access to other ongoing housing options, which do not depend on HOPWA funds. Describe how your project has been meeting planned performance benchmarks, as appropriate, in program development and operation; in meeting project performance goals, such as, that the number of persons assisted is comparable to the number that was planned at the time of the application; and is expending funds consistent with the existing agreement with HUD. Also describe how you evaluated project data on performance, adjusted program activities and shared information that you have gained from your lessons learned on these past activities. d. Achieving New Results and Program Evaluation Narrative. On no more than three double-spaced pages identify the housing benefits or outcomes of your Renewal program including your activities, related project benchmarks, and performance output indicators over the next three grant operating years. Your application should address your evaluation plan or method for collecting data on HUD program measures to evidence achievement of your project’s goals and objectives and to establish a baseline for E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices client outcomes. You must also complete and submit as part of your application the Logic Model Form (HUD–96010) to illustrate your plans for the use of resources, project activities, outputs, outcomes, and goals. e. Documentation of Leveraging for Supportive Services for Renewal Projects. If your Renewal project requests funding for supportive services, your application will be reviewed for leverage. As described in paragraph 5 of this section, you must demonstrate evidence of commitments from other State, local, Federal, or private resources to provide additional supportive services for project beneficiaries of an equal or at a greater value in order to qualify for an increase in any budget line item (BLI) above 100 percent of the approved BLI for your existing grant up to the 120 percent limit. You must follow instructions for documenting leveraging as established in paragraph 5 of this section. The total of all leveraged resources to provide supportive services must at least equal the requested totals for HOPWA supportive service funds in Line 10 and Line 11 of the Application Budget Summary in order to qualify the application for an increase in any budget line item (BLI) above 100 percent of the approved BLI for the existing grant up to the 120 percent limit. Attempts to falsify or failure to maintain and produce these letters of commitment upon request could lead to the termination of the awarded grant. Note that if your Renewal application does not request funds for supportive services and this is a change to your existing grant, you must continue to utilize other sources to provide a reasonable level of supportive services that is similar to that previously provided. f. Proof of Nonprofit Status and AIDS Purpose. In the case that a project sponsor is being added, or a sponsor’s legal status has changed due to merger or other action, you will also need to submit the related required information described in Section IV.B.4.b of this Program NOFA. 4. Application Content for New Longterm, and New and Continuing SPNS Demonstration Project Applications. The following is an overview of the information required for applications for new Long-term projects, and for new and continuing Special Projects of National Significance (SPNS) demonstration grants. Long-term projects provide permanent housing and related supportive services to lowincome persons living with HIV/AIDS and their families in areas that are not eligible for HOPWA formula allocations. New and continuing SPNS VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 demonstration projects will undertake new housing service delivery models or housing project activities that include plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under the award. The review criteria for Longterm, and new and continuing SPNS demonstration applications can be found in Section V.A.2 of this Program NOFA. For your narrative responses, please number the pages and include a header and a footer that provides the name of the applicant, the program name and type of application (i.e. Longterm or SPNS demonstration project). a. Executive Summary and Synopsis. On no more than five double-spaced pages, please provide an Executive Summary of the proposed project, beginning with a two to three sentence synopsis of the focus or special purposes of your project. The summary should provide an overview of the main components of your planned HOPWA project and the annual housing output for the first year or operations. In the Executive Summary, please provide the name of the grantee and any project sponsors, along with contact names, phone numbers, and e-mail address. For projects involving sites, for example, a structure where HOPWA funds will be used for construction, acquisition, rehabilitation, leasing, operating costs, and/or project-based rental assistance, please provide the address of the site and describe any other resources that are needed to complete the development of this housing facility. Please identify if the site is a Confidential Site (HUD will not release the address of the site) or is a Public Site (HUD may release the address to inform clients and the public). Please indicate which of the following special populations your project will serve by operating a project that intentionally targets assistance, such as the provision of housing and related supportive services, client outreach and assessment of the needs, and any project evaluation activities on the assistance provided to this population of persons with special needs. Please indicate the number of special population households likely to be assisted through the housing assistance planned in your project (note: your responses will be used by HUD to respond to public inquiries): • Chronically Homeless and/or other homeless persons • Veterans b. Proof of Nonprofit Status and AIDS Purpose. Excluding situations where nonprofit documentation was submitted to HUD under prior SPNS applications and there has been no change in project PO 00000 Frm 00143 Fmt 4701 Sfmt 4703 14117 sponsor(s), all applicants must provide a copy of the nonprofit documentation for each sponsor that is a non-profit organization consistent with the standards under paragraph (1). Applicants must also provide documentation consistent with paragraph (2) below to demonstrate that each sponsor’s organizational documents include a purpose of significant activities related to providing housing or services to persons with HIV/AIDS. For submission of the documentation in paragraphs (1) and (2) on paper forms, you should follow the directions in the General Section. (1) HUD will accept as evidence of your nonprofit status: (a) A copy of the Internal Revenue Service (IRS) ruling providing taxexempt status under Section 501(c) (3), (4), (6), (7), (9) or (19) of the IRS code; or (b) A ruling from the Treasury Department of the Commonwealth of Puerto Rico granting income tax exemption under section 101 of the Income Tax Act of 1954, as amended (13 LPRA 3101); or (c) Documentation that the applicant is a certified United Way agency; or (d) Copy of your most recent completed tax statement, Form IRS–990 or Form 990–EZ; or (e) All of these: (i) a certification by the appropriate official of the jurisdiction where the nonprofit was organized that your organization was so organized and is in good standing; (ii) a certification from a designated official of the organization that no part of the net earnings of the organization inures to the benefit of any member, founder, contributor, or individual; that the organization has a voluntary board; and that the organization practices nondiscrimination in the provision of assistance in accordance with applicable program requirements; and (iii) an opinion letter from an independent public accounting (IPA) firm that the nonprofit has a functioning accounting system that provides for each of these (the letter must mention all of them). (A) Accurate, current, and complete disclosure of the financial results of each federally funded project; (B) Records that identify adequately the source and application of funds for federally funded activities; (C) Effective control over and accountability for all funds, property and other assets; (D) Comparison of outlays with budget amounts; (E) Written procedures to minimize the time elapsing between the transfer of E:\FR\FM\21MRBK3.000 21MRBK3 14118 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices funds to the recipient from the U.S. Treasury and the use of funds for program purposes; (F) Written procedures for determining reasonableness, allocable, and allowable costs; and (G) Accounting records including cost accounting records that are supported by source documentation. (2) We will accept as evidence of your organization’s HIV/AIDS-related purpose, a copy of the organization’s articles of incorporation and by-laws, mission statement, program management plan, or other organizational policy document which evidences the organization’s activities or objectives related to providing services or housing to persons with HIV/AIDS. c. Capacity of Applicant and Project Sponsors and Relevant Organizational Experience Narrative. On no more than five double-spaced typed pages for the Applicant, and no more than two double-spaced pages per additional sponsor, demonstrate the extent to which you and any project sponsors have the organizational resources necessary to successfully implement your proposed activities in a timely manner. d. Need/Extent of the Problem Narrative. On no more than five doublespaced typed pages define your planned service area and demonstrate the need for funding eligible activities in the area to be served. e. Soundness of Approach: Model Qualities and Responsiveness/ Coordination Narrative. On no more than twenty double-spaced typed pages address the method by which your plan meets your identified needs. Demonstrate how your project will provide its planned activities through HOPWA and other resources, and how it will serve as a model with exemplary qualities to address the ongoing housing and supportive service needs of eligible persons within a replicable operational framework. f. Documentation of Leveraged Resources. As described in paragraph 5 of this section, to receive a leverage score for your project, please provide evidence of commitments that demonstrate your ability to secure community resources for housing, supportive services and other programrelated activities that can be combined with HUD’s funds to achieve program purposes and assist eligible persons in addressing their supportive housing needs. To receive a maximum score for leverage, you must: (1) Demonstrate leveraged resources of equal or greater value to the total amount being requested for program activities (excluding administrative costs); and (2) VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 if the project requests funds for supportive services, demonstrate leveraged resources that include commitments to provide additional supportive services that are of equal or greater value to the total amount requested for supportive services. To meet leveraging criterion (2), the total of all leveraged resources for additional supportive services must at least equal the requested totals for HOPWA supportive service funds in Line 10 and Line 11 of the Application Budget Summary. If you do not request funding for supportive services, your application will be reviewed and rated based on leveraging criterion (1). If you request funding for supportive services, you must meet both leveraging criteria to receive the maximum leveraging score. You must follow instructions for documenting leveraging as established in paragraph 5 of this section. Attempts to falsify or failure to maintain and produce these letters of commitment upon request could lead to the termination of the awarded grant. g. Achieving Results and Program Evaluation Narrative. On no more than five double-spaced typed pages demonstrate your commitment to ensuring that the goals that you set forth and your performance will be assessed in a clear and effective manner. Address how you will implement the HOPWA program goals and identify the benefits or outcomes of your program including your activities, benchmarks, and interim activities or performance indicators. Provide an evaluation plan that will objectively measure actual achievements against anticipated achievements. 5. Application Content on Leveraging for All Types of Applications. To receive consideration for leveraged resources as noted in paragraphs 3.e. and 4.f. of this section, all types of applications must be supported by evidence of commitments from other State, local, Federal, or private entities to provide additional support to project beneficiaries. To receive maximum scores for leveraging, any New and Continuing project must: (1) Demonstrate leveraged resources that are of equal or greater value to the total amount being requested for program activities (excluding administrative costs); and (2) if the project requests funds for supportive services, demonstrate leveraged resources that include commitments to provide additional supportive services that are of equal or greater value to the amount requested for supportive services. For any Renewal project requesting funds for supportive services, in order to receive any budget line increases for the PO 00000 Frm 00144 Fmt 4701 Sfmt 4703 project, the Renewal must show leveraged resources that include commitments to provide additional supportive services that are of equal or greater to the amount requested for supportive services. Applicants must document the commitment of leveraged resources as provided in this section. This section requests that the applicant provide a list or chart for the commitments and include: (1) The name of the organization or entity that will contribute leveraged resources for the activities to be undertaken to support project beneficiaries and note if the organization will serve as a project sponsor; (2) a description of the work to be accomplished, such as the type of housing assistance or supportive service activities to be undertaken to support the project; and (3) a statement of the value of the leveraged contribution; (4) the submission of an electronic copy or facsimile transmittal of these letters of commitment with your HOPWA application; and (5) retention of a copy in your project files in order to enable you to produce them upon request. The letter of commitment must evidence that the use of any leveraged funds will be used during the operating period for the award, identify the value of the commitment, and be signed by an authorized representative of the organization making the commitment of the resource. Other HOPWA funds, such as formula allocations, may not be used for this purpose in determining leveraging. The commitment of resources must be evidenced by use the appropriate language as described below: (i) Applicant or Third Party Cash Resources. If this proposal is funded, (applicant name or third party name) commits $(amount) (of its own funds, if applicant, or to applicant name, if third party) for (type of activity) to be made available to the HOPWA program. These funds will be available from (date) to (date). (Signature and Title of authorized representative and date). (ii) Non-Cash Resources. If this proposal is funded, (organization’s name) commits to make available (type of resource) valued at $(amount) to the HOPWA program proposed by (applicant name). These resources will be made available to the HOPWA program from (date) to (date). (Signature and Title of authorized representative and date) The donation of a third party professional service should be valued at the professional’s customary charge. The value of materials to be contributed to the project by a third party or by the applicant may also be counted as leveraging. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (iii) Volunteer Time. If this proposal is funded, (name of the organization or of self), commits to provide (number of hours) of volunteer time from (date) to (date) to provide (type of activity) to the HOPWA program proposed by (applicant name). The total value of these services, based on $10.00 per hour, is $(amount). (Signature and Title, and date) Time to be contributed to the project by volunteers should be valued at $10.00 per hour. In the case of individuals volunteering their time directly to the applicant, the applicant should list itself as the organization. (iv) Contribution of a Building. If this proposal is funded, (applicant name) pledges the building at (site address) to the HOPWA program. The building has a fair market value of $(amount). A licensed independent real estate appraiser made this appraisal, which is based on comparable properties in the area. (Signature of applicants authorized representative and date) Ownership of a building or portion of a building to be used in the project may be counted as leveraging. The fair market value of the building or portion of the building being contributed may be counted. Do not send an appraisal to HUD, but keep documentation of fair market value on file. The contribution of land (as a leveraged resource for new construction) should be treated the same as contribution of a building. You will need to keep documentation of the fair market value on file, particularly if it is improved land and you wish to include the value of the improvements in the contribution. (v) Contribution of a Building to be Acquired with HOPWA Funds. If this proposal is funded, (applicant name) commits the building at (site address) for the HOPWA program. The building has a fair market value of $(amount). A licensed independent real estate appraiser made this appraisal, which is based on comparable properties in the area. The HOPWA request for the building is $(amount). Therefore, the contribution is the difference between the fair market value and the HOPWA request, or $(amount). (Signature of applicants authorized representative and date) The difference between the documented fair market value and the portion paid for with HOPWA funds may be counted as leveraging. Maintain documentation of fair rental value on file. (vi) Contribution of Leasehold Interest. If this proposal is funded, (applicant name) commits the leasehold interest at (site address) for the HOPWA program. The fair rental value of this site is $(amount) annually, and at constant value will amount to VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 $(amount) over (term of the lease, up to three years). An appropriate independent third party made this appraisal, which is based on comparable properties in the area. The total leasing cost over the term of the lease to be paid with HOPWA funds is $(amount). Therefore, the contribution is the difference between the HOPWA leasing cost and the fair rental value, or $(amount). (Signature of applicants authorized representative and date) The difference between the fair rental value (for a term up to three years) and the cost of the lease to be paid for with HOPWA funds may be counted as leveraging. The Department will periodically monitor the use of your commitments by requiring the collection of information in annual progress reports to establish that the leveraged resources are being used, as committed, in undertaking the project. Failure to provide evidence of these additional resources could result in a notice of default and affect the project’s continued access to federal funds awarded under this Program NOFA. C. Submission Dates Application Submission Date. Your completed application must be submitted and received electronically by Grants.gov no later than 11:59:59 p.m. Eastern time on May 27, 2005. Failure to meet the appropriate submission and receipt date requirements will result in the application being ineligible for funding under this NOFA. Please follow the application submission and timely receipt requirements for the electronic submission of your application that are established in the General Section. All documentation submitted as part of the application must be received by the application submission date. All parts of an electronic application must be submitted via the Grants.gov portal with additional documentation as called for in this NOFA provided via electronic facsimile transmittal in accordance with the requirements stated in the General Section. For electronic applications, HUD will not accept parts of an application submitted through the mail. For applications receiving a waiver of the electronic application submission requirements, the entire application must be submitted in hard paper copy format with the required number of copies. D. Intergovernmental Review The HOPWA program is not subject to Executive Order (EO) 12372, Intergovernmental Review of Federal Programs. PO 00000 Frm 00145 Fmt 4701 Sfmt 4703 14119 E. Funding Restrictions 1. Limitations on Maximum Grant Amounts. Your request for Renewal funding or for New and Continuing funding must be consistent with the following limitations on maximum grant amounts: a. For program activities (e.g., activities that directly benefit eligible persons): A maximum of no more than $1,300,000, subject to the limitations in this section; b. For grant administrative costs of the grantee: A maximum of no more than an additional $39,000, subject to the limit on administrative costs of three percent of the amount requested for project activities in your application for grantees. c. For grant administrative costs for project sponsors: A maximum of no more than an additional $91,000, subject to the limit on administrative costs of seven percent of the amount requested for project activities to be conducted by project sponsors in your application. d. Total for maximum grant amount: $1,430,000, subject to applicable limitations in this section and if funds are requested for a term of less than three years, HUD reserves the right to reduce these amounts in a proportionate manner. 2. Limitation on Supportive Services. Your request for the supportive services line item in program activities must be consistent with the program limits of not more than 35 percent of the proposed budget for program activities undertaken by New and Continuing project recipients, and not more than 35 percent of the maximum grant amount for program activities for a Renewal grant program activity costs for a Renewal grant (i.e., not more than $455,000 over a three-year period). Consistent with the standards described in Section IV.B.5, on Leveraging, of this Program NOFA, requests for supportive services must be leveraged with commitments to provide supportive services in order to: (1) Qualify a Renewal grant applicant for an increase in any budget line item (BLI) above 100 percent of the approved BLI for their existing grant up to the 120 percent limit; or (2) qualify a New and Continuing applicant for the maximum leveraging score. 3. Limitation on Prospective Determinations. HUD will not approve proposals that depend on a prospective determination as to how program funds will be used. More specifically, proposals to establish a local requestfor-proposal process to select either activities or project sponsors, and other E:\FR\FM\21MRBK3.000 21MRBK3 14120 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices similar proposals that have the effect of delaying the obligation of funds due to the unplanned use of HOPWA funds, will not be approved. 4. Additional Limitation on Renewal Grants. If applying for a Renewal project the following funding restrictions apply: a. Your request for program activity costs may not include a request for funds for acquisition, new construction, or for rehabilitation costs, or costs involving new housing facility sites, such as operating costs or leasing. b. Your request for program activity costs must request amounts for continuing a previously approved project at about the same level of housing provided in the previous grant. If your Renewal application does not request funds for supportive services and this is a change to your existing grant, you must continue to utilize other sources to provide a reasonable level of supportive services that is similar to that previously provided. If the application is consistent with the leveraging guidelines, the amounts may exceed 100 percent but must not be more than 120 percent of the amount awarded or approved by HUD in the current grant for an activity, including any amendments affecting this amount that were approved by HUD, prior to the publication of this Program NOFA, except as provided in the following paragraph. If an application fails to provide leverage for supportive services in an amount at least equal to the amount of the request for supportive services, the funding by BLI for all activities will be restricted to 100 percent of the BLI for the approved existing project. c. In the case of a permanent supportive housing project in which acquisition, new construction, or rehabilitation was a major component of the original project, a reasonable amount of operating funds may be requested for a housing project which exceed the 120 percent budget line item limit of the previous paragraph. The amount requested must be based on information for the current cost of operating the housing project (or a housing project of a similar type and size) but the request may not exceed the limit on maximum for program activities established in paragraph (1)(a) above. HUD reserves the right to adjust requests under this paragraph to the scale of projects of similar size and purpose. d. Funds for acquisition, new construction or for rehabilitation costs will not be renewed. These capital development activities are not ongoing or available for additional sites. If you wish to undertake additional capital VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 development activities, significantly expand your activities (beyond the allowance in this notice for requests up to 120 percent of the existing budget line item), continue a project that is not eligible as a permanent supportive housing project, or to add funding for new activities, you must apply and compete for funding as a New and Continuing project. 5. Limitation on Ineligible Activities. HUD will not provide funds under this notice for the purposes of conducting resource identification activities to establish, coordinate and develop housing assistance resources, and/or technical assistance for community residence activities, since these types of activities are funded through the national HOPWA technical assistance funds being made available under the Community Development Technical Assistance (CDTA) NOFA. HUD will not provide additional funds for data collection on project outcomes, as such activities in collecting performance data and reporting to HUD are required as a central grants management function, which is already covered under administrative costs. Further, eligible HOPWA costs do not involve costs for personal items, such as grooming, clothing, pets, financial assistance, consumer credit payments, entertainment activities, personal vehicle maintenance and repairs, property taxes, condominium fees and other non-housing-related costs. Eligible costs are also subject to additional HOPWA standards at 24 CFR part 574. F. Other Submission Requirements 1. Electronic Delivery. Beginning in FY2005, HUD requires applicants to submit applications electronically through www.grants.gov. Applicants interested in applying for funding must submit their applications electronically via the web site https://www.grants.gov. This site has easy to follow step-by-step instructions that will enable you to apply for HUD assistance. The www.grants.gov/Apply feature includes a simple, unified application process to enable applicants to apply for grants online. Please see Section IV.F. of the General Section for instructions for submitting leveraging documentation, certifications, and other required forms. 2. Waivers to the Electronic Submission Process: Applicants may request a waiver to the electronic submission process (see Section IV.F of the General Section for more information). Applicants who are granted a waiver must submit their applications to the address identified in Appendix C of the General Section. Please see the General Section for PO 00000 Frm 00146 Fmt 4701 Sfmt 4703 detailed mailing and delivery instructions as the procedures have changed significantly for this year. 3. Number of Copies. Only applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. See the General Section for more information about waiver of the electronic submission requirement. V. Application Review Information A. Criteria 1. Renewal Project Applications a. General. HUD will conduct a threshold review of all Renewal applications based on the requirements found under Section III.C. to determine eligibility for the Renewal of HOPWA grants that provide permanent supportive housing under an expiring grant. b. Criteria on New Sponsors. In the case that a project sponsor is being added, or a sponsor’s legal status has changed due to merger or other action, HUD will conduct a substantive review of the project sponsor’s ability to develop and operate your proposed program and a pass/fail review based on the requirements for an eligible project sponsor established in Section III. (1) With regards to new project sponsor(s), HUD will consider the organization’s past experience and knowledge: in serving persons with HIV/AIDS and their families; in programs similar to those proposed in your application; in monitoring and evaluating program performance and disseminating information on project outcomes; and in achieving the purpose for which funds were provided, as measured by expenditures and measurable progress in operating the project. A proposed sponsor that fails to meet the conditions established for adding a sponsor or fails to demonstrate sufficient capacity will be ineligible to receive program funds. (2) In reviewing the elements of organizational capacity as stated above, HUD will rate the proposed sponsor on the basis of 20 points, with a minimum of 14 points required for selection of this sponsor as eligible in demonstrating sufficient capacity. HUD will consider the extent to which your proposal demonstrates the following capacity, and will award the highest points (20 to 16 points) to those with direct, extensive, clear and satisfactory experience, moderate scores (15 to 10 points) to those with direct but not as extensive experience or where the experience covers most but not all of these items; and lower scores (9 to 2 points) if the experience is limited, E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices indirect, on only some of the items or for which only limited or no information is provided. An organization with unresolved management issues affecting their HOPWA proposal will be scored at the lowest level (1 point): (a) The knowledge and experience of the proposed project director and staff, including the day-to-day program manager, consultants, and contractors in planning and managing the kind of activities for which you are requesting funds. The project sponsor will be reviewed in terms of recent, relevant, and successful experience of staff to undertake eligible program activities, including experience and knowledge in serving low-income persons with HIV/ AIDS and their families. (b) The project sponsor’s experience in managing complex interdisciplinary programs, especially those involving housing and community development programs directly relevant to the work activities proposed and carrying out grant management responsibilities. (c) If the project sponsor received funding in previous years in the program area for which you are currently seeking funding, the sponsor’s past experience will be reviewed in terms of its ability to attain demonstrated measurable progress in the implementation of the grant award. Measurable progress is defined as: meeting performance benchmarks, as applicable, in program development and operation; meeting project goals and objectives, such as, that the number of persons assisted was comparable to the number that was planned at the time of application; submitting timely performance reports; and expending prior funding as outlined in the prior proposal with no outstanding audit or monitoring issues. 2. Criteria for New and Continuing Projects Applications a. Departmental Policy Priorities. As outlined in Section V of the General Section, HUD has identified policy priorities that New and Continuing project applicants are encouraged to address through their proposed project plans. HUD has identified four Departmental policy priorities as being applicable for new HOPWA projects. Applications for HOPWA funding will receive rating point(s) for each applicable Department policy priority initiative addressed through the proposed program activities and performance goals and objectives. Applicants must demonstrate how these priorities will be addressed through the Soundness of Approach of the application as outlined under Rating VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Factor 3. Under the points available for Rating Factor 3, one or two Rating Points, as specified below, will be awarded for each of the following addressed priorities: (1) In accordance with Section V of the General Section, for applicants seeking HOPWA funds for capital development activities, including rehabilitation or new construction, for one rating point under project soundness of approach, you are encouraged to: Institute visitability and universal design standards in these activities undertaken with HOPWA funds. Visitability standards allow a person with mobility impairments access into the home, but do not require that all features be made accessible; and such standards incorporate universal design in the construction or rehabilitation of housing undertaken with HOPWA funds. Universal design provides housing that is usable by all without the need for adaptation or specialized design. (2) For one rating point under project soundness of approach, you are encouraged to propose projects in which the grantee, or the project sponsor(s), fulfills the policy priority for being a nonprofit grassroots community-based organization, including faith-based organizations, as defined in Section V of the General Section. (3) For one rating point under project soundness of approach, you are encouraged to propose applications in which the grantee, or project sponsor(s), commits to follow the Energy Star standard in any new construction or rehabilitation activity to be undertaken in the proposed project with HOPWA or other funds. The Energy Star standard is as defined in Section V of the General Section. (4) For up to two rating points under project soundness of approach, you are encouraged to propose an application in which the grantee, or project sponsor(s), if it is a State or local government agency, as defined in Section V of the General Section, completes the regulatory barriers policy questionnaire and provides the required documentation or provides a Web site URL where the information can be readily found. b. Program Policies—Target Population. Prior to the award of other New and Continuing projects, HUD reserves the right to select the two highest rated applications (but not any that are rated at less than 75 points) that demonstrate that the planned HOPWA activities and activities supported by leveraged funds will serve the special population of HOPWA eligible person who are chronically homeless persons PO 00000 Frm 00147 Fmt 4701 Sfmt 4703 14121 with HIV/AIDS. A chronically homeless person is defined as ‘‘an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least 4 episodes of homelessness in the past 3 years.’’ Persons who are infected with HIV are more likely to be able to follow complex treatment regimens if they have a reliable address where they can be reached by care providers, a safe place to keep medications, refrigeration for drugs that require it, and other necessities that many of us take for granted. HUD is encouraging applications that strive to create additional models for permanent housing for eligible persons living with HIV/AIDS that are experiencing chronic homelessness. Applicants must work collaboratively with the local Continuum of Care Plans to create these models for persons living with HIV/ AIDS and their families and demonstrate a plan for the integration of HOPWA activities with those systems such as the use of HMIS. HMIS participation is required for all recipients of award funding under this Program NOFA whose projects intentionally target HOPWA eligible persons who are homeless or chronically homeless. In a number of Continuum of Care communities, HOPWA projects are directly involved in providing outreach, assessment, housing and supportive services to HOPWA eligible persons who are homeless at the time they enter into program support. HMIS activities or the use of related information technology systems may already be operating to support the delivery of housing information services to these HOPWA clients. c. Application Selection Process for New and Continuing Projects. Rating Factor 1: Capacity of the Applicant and Project Sponsors and Relevant Organizational Experience (20 Points) (Minimum for Funding Eligibility—14 points) Address the following factor using not more than five (5) double-spaced, typed pages. For each project sponsor, you may add two additional pages. This factor addresses the extent to which you and any project sponsor have the organizational resources necessary to successfully implement your proposed activities in a timely manner. If you will be using project sponsor(s) in your project, you must identify each project sponsor in your application. HUD will award up to 20 points based on your and any project sponsor’s ability to develop and operate your proposed E:\FR\FM\21MRBK3.000 21MRBK3 14122 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices program in relation to which entity is carrying out an activity. a. With regards to both you and your project sponsor(s), you should demonstrate: (1) Past experience and knowledge in serving persons with HIV/AIDS and their families; (2)Past experience and knowledge in programs similar to those proposed in your application including HOPWA formula funding; (3)Experience and knowledge in monitoring and evaluating program performance and disseminating information on project outcomes; and (4)Past experience as measured by expenditures and measurable progress in achieving the purpose for which funds were provided. b. In reviewing the elements of the paragraph above, HUD will consider: (1) The knowledge and experience of the proposed project director and staff, including the day-to-day program manager, consultants, and contractors in planning and managing the kind of activities for which you are requesting funds. You and any project sponsor will be judged in terms of recent, relevant, and successful experience of staff in undertaking eligible program activities. (2) Your and/or the project sponsor’s experience in managing complex interdisciplinary programs, especially those involving housing and community development programs directly relevant to the work activities proposed and carrying out grant management responsibilities. (3) If you and/or the project sponsor received funding in previous years in the program area for which you are currently seeking funding, you and your project sponsor’s past experience will be evaluated in terms of the ability to attain demonstrated measurable progress in the implementation of your grant awards. Measurable progress is defined as: (a) Meeting applicable performance benchmarks in program development and operation; (b) Meeting project goals and objectives, such as the HOPWA output for number of homeless assisted in comparison to the number that was planned at the time of the application; (c) Submitting timely performance reports; and (d)Expending prior funding as outlined in the existing HOPWA grant agreement with HUD with no outstanding audit or monitoring issues. Applicants must receive a minimum of 14 points in Rating Factor 1: Capacity of the Applicant and Project Sponsors and Relevant Organizational Experience VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 to be eligible for funding under this Program NOFA. Rating Factor 2: Need/Extent of the Problem (15 Points) Address the factor using not more than five (5) double-spaced, typed pages. Up to 15 points will be awarded for this factor. (a) AIDS Cases (5 Points). You must define your planned service area. HUD will obtain AIDS surveillance information pertinent to that area from the Director of the Centers for Disease Control and Prevention. Up to five points will then be awarded based on the relative numbers of AIDS cases and per capita AIDS incidence within your service area, in metropolitan areas of over 500,000 population and in areas of a state outside of these metropolitan areas, in the state for proposals involving state-wide activities, and in the nation for proposals involving nation-wide activities. (b) Description of Unmet Housing Need (10 Points). Up to ten points will be awarded based on demonstration of need for funding eligible housing activities in the area to be served. To receive the maximum points, demonstrate that substantial housing and related service needs of eligible persons and/or the target population, as outlined in Section V.A., are not being met in the project area and that reliable statistics and data sources (i.e. Census, health department statistics, research, scientific studies, and Needs Analysis of Consolidated Plan and /or Continuum of Care documentation) show this unmet need. To receive the maximum points, show that your jurisdiction’s Consolidated Plan and Analysis of Impediments to Fair Housing Choice, Continuum of Care Homeless Assistance plans (if homeless persons are to be served), and comprehensive HIV/AIDS housing plans are applicable to your project and identify the level of the problem and the urgency of the need. (1) If you apply for a SPNS demonstration grant, you must describe a housing need that is not currently addressed by other projects or programs in the area including reference to the area’s existing HOPWA programs and how the planned activity will complement these in a manner that is consistent with the community’s plan for a comprehensive and coordinated approach to housing needs of persons living with HIV/AIDS which establishes stable housing for clients and helps foster greater self sufficiency and independence. Also, describe any unresolved or emerging issues and the need to provide new or alternative forms of assistance that, if provided, PO 00000 Frm 00148 Fmt 4701 Sfmt 4703 would enhance your area’s programs for housing and related care for persons living with HIV/AIDS and their families. You must also describe how your project will enhance the community’s Consolidated Plan strategies for providing affordable housing and access to related mainstream services to HOPWA eligible persons; or (2) If you apply as a Long-term project, you must describe the housing need that is not currently addressed by other projects or programs in the area including any HOPWA competitive grants and how the planned activity will complement these in a manner that is consistent with the community’s plan for a comprehensive and coordinated approach to housing needs of persons living with HIV/AIDS. You must also describe any unresolved or emerging issues and/or the need to provide forms of assistance that enhances the community’s strategy for providing housing and related services to eligible persons. HUD will evaluate your presentation of statistics and data sources based on soundness, reliability, and the specificity of information to the target population and the area to be served. If you propose to serve a subpopulation of eligible persons on the basis that these persons have been traditionally and are currently underserved (e.g., persons with multiple disabilities including AIDS or chronically homeless eligible persons), your application must demonstrate the need for this targeted effort through statistics and data sources that support the need of this population in your service area. Programs may serve a qualified subpopulation of persons with AIDS based on the presence of another disability or group of disabilities, only if doing so is necessary to provide this subpopulation with as effective housing, benefits, aid, or services as that provided to others. See 24 CFR 8.4(b)(1)(iv). Rating Factor 3: Soundness of Approach: Responsiveness, Coordination and Public Policy Priorities, and Model and Demonstration Qualities (45 Points) Address this factor on not more than twenty (20) double-spaced, typed pages. Include the HOPWA Budget Forms found in Appendix A. This factor addresses the method by which your plan meets your identified needs. HUD will award up to 45 points (15 for responsiveness, 5 for coordination, 5 for public policy priorities, and 20 for model qualities) based on the extent to which your plan evidences a sound approach for conducting the HOPWA activities in a manner that is responsive E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices to the needs of eligible persons and that your plan for project coordination will offer model qualities in providing supportive housing opportunities for eligible persons with access to mainstream health and human welfare services, when compared to other applications and projects funded under previous HOPWA competitions. a. Responsiveness, Coordination, and Public Policy Priorities (25 Points). HUD will award up to 25 points (Responsiveness—15 Points and Coordination—5 Points and Public Policy Priorities—5 Points) based on how well your project plans respond to the unmet needs in housing and related supportive services for the eligible population, including target populations outlined under Section V.A. You should demonstrate the extent to which you have coordinated your activities and the activities of your project sponsors with other organizations that are not directly participating in your proposed work activities. This involves organizations with which you share common goals and objectives in assisting eligible persons. In order to ensure that resources are used to their maximum effect within the community, it is important that you demonstrate collaboration and leveraging of other resources from state, local, and private funding resources. (1) Responsiveness (15 Points). To receive the highest rating in this element your application must address: • The projected number of persons to be served through each activity for each year of your program; The projected number of housing units, by type, to be provided through your project, by year, over a 3-year period; and • The specific organizations, either through an agreement with your organization or through funding from your project, that will provide housing, and agreements with organizations that will provide mainstream supportive services, or other activities. Include a description of the roles and responsibilities of your project sponsors and/or other organizations within your project plan and how these will be coordinated in conducting eligible activities. To receive the maximum points for your project plan, you must explain and describe the eligible housing activities you or your project sponsor intend to conduct, where these activities will take place (either on site or at another location), and how those activities will benefit eligible persons. Please describe: (a) Housing Activities. You must demonstrate how the emergency, transitional, or permanent housing needs of eligible persons will be VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 addressed through one or more of the HOPWA eligible activities and through any other resources and how such activities are coordinated with other available housing assistance. Your plan for housing assistance must include: (i) Access to permanent supportive housing for Long-term applicants. If you propose a new Long-term Project for Permanent Supportive Housing, you must describe how eligible persons will access permanent housing options through your project and through any specific commitments with other community housing providers, even if your project involves some initial emergency or transitional assistance for clients, to achieve housing stability goals for clients. (ii) Access to supportive housing for new or continuing SPNS Demonstration Grant applicants. If you propose a new or continuing SPNS demonstration project, you must describe how eligible persons will access emergency, shortterm and transitional housing support options through your project and through any specific commitments with other community housing providers. Consistent with the definition of a SPNS Demonstration Grant or Project, this description must include specific plans to provide HOPWA clients with permanent housing assistance by the end of the operating period under this award, including plans to facilitate the movement of eligible persons receiving transitional housing support to independent living arrangements within 24 months. (iii) Description of Housing Site. You must describe any appropriate site features including use of universal design, accessibility, visitability, and access to other community amenities associated with your project. (iv) Development and Operations Plan. You must describe a development and/or operations plan for the emergency, transitional, or permanent housing assistance you are proposing to provide. For rental assistance programs, this will include your plan for providing rental assistance, proposed housing sites if project-based, and length of stay if less than ongoing permanent supportive housing. If you are proposing to use HOPWA funds for the acquisition, rehabilitation, or new construction of a housing facility, your plan must also document that you have secured other funding sources, including plans for coordinating the use of other resources that are committed to meeting leveraging, have identified and secured a site(s), and must provide rehabilitation/construction timelines consistent with the three year use of grant funds. HOPWA funds are not PO 00000 Frm 00149 Fmt 4701 Sfmt 4703 14123 intended for use as the initial or sole funding source for capital development housing projects. (v) Operational Procedures. Describe your outreach, intake, and assessment procedures, as well as how eligible persons will receive housing support with access to medical care and other supportive services provided by other organizations. Describe the use of housing being funded from other sources, and how your project provides for ongoing assessments of the housing service benefits received by eligible persons. Include a description of how a client moves through the housing program from outreach, intake, client assessment, the delivery of housing services, the use of emergency, transitional, or permanent housing, and when appropriate, the outplacement to more self-sufficient independent housing. (b) Supportive Service Activities. You must describe how the supportive service needs of eligible persons will be addressed with HOPWA assistance (subject to applicable limitations) and the use of any additional leveraged resources by describing the type of supportive services that will be offered directly by the program and/or how agreements and project plans will assure that services will be accessed and coordinated from other mainstream health and human welfare sources. Explain the connection of these services in helping eligible persons obtain and/ or maintain stable housing. Supportive service costs may represent no more than 35 percent of your proposed budget for program activities. In describing your supportive services delivery plan explain: (i) How agreements provide that eligible persons will have access to mainstream programs that offer healthcare and other supportive services, as discussed in Section III.C.4; (ii) How project plans ensure that eligible persons will participate in decision making in the project operations and management; and (iii) Your plan for delivering supportive services through a comprehensive plan that shows how agreements provide that eligible persons access medical care and other mainstream supportive services to address their needs. (c) Additional Activities. You must describe your plan for utilizing other requested HOPWA funds (described at 24 CFR 574.300(b)). Explain how these activities will be integrated into your overall plan in the provision of housing and related supportive services to eligible persons. E:\FR\FM\21MRBK3.000 21MRBK3 14124 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (d) Other Activities. As authorized by statute and in addition to the activities at 24 CFR 574.300(b), you may propose other activities in your application, which can be undertaken only if approved by HUD due to their relevance in addressing the housing needs of eligible persons. You must describe the reason for the need to request authorization for ‘‘other activities’’ and the benefits likely to occur, if the activities are authorized. Also address how the project would operate, or not, if such request were not approved. (2) Coordination (5 Points). You should demonstrate the extent to which you have coordinated your activities and the activities of your project sponsors with other organizations that are not directly participating in your proposed work activities. This involves organizations for which you share common goals and objectives. You will be rated on the extent to which you demonstrate you have: (a) Coordinated your proposed activities with those of other groups or organizations within the community or region prior to submission, to best complement, support, and coordinate all housing and supportive service activities including specific reference to how the proposal is coordinated with existing HOPWA programs in that area (formula and competitive) and how the planned efforts complement the existing programs; (b) Developed your project through consultation with other organizations, groups, or consumers involved with area HIV/AIDS housing and service planning, including planning under the Ryan White CARE Act and other federal planning. The highest rated applicant will demonstrate that the project is closely and fully integrated with HUD’s planning processes, such as the jurisdiction’s Consolidated Planning process or the community’s Continuum of Care Homeless Assistance planning process (if homeless persons are to be served by proposed activities and related use of Homeless Management Information Systems (HMIS) to coordinate benefits for clients); (c) Coordinated with other HUDfunded programs outside of the Consolidated Planning process, for example, accessing additional housing resources through a local public housing authority; and (d) Coordinated with mainstream resources including private, other public, and mainstream services and housing programs. To achieve the maximum points, applicants must evidence explicit agency strategies to coordinate client assistance with mainstream health, social service and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 employment programs for which eligible persons may benefit. (3) Public Policy Priorities (5 points). Applications for HOPWA funding will receive rating point(s) for each applicable Department policy priority initiative addressed through the proposed program activities and performance goals and objectives. Applicants must demonstrate how these priorities will be addressed: (a) In accordance with Section V of the General Section, for applicants seeking HOPWA funds for capital development activities, including rehabilitation or new construction, for one rating point under project soundness of approach, your application describes the use of universal design and visitability standards in these development activities undertaken with HOPWA funds and incorporate universal design in the construction or rehabilitation of housing undertaken with HOPWA funds. Visitability standards allow a person with mobility impairments access into the home, but do not require that all features be made accessible. Universal design provides housing that is usable by all without the need for adaptation or specialized design. (b) For one rating point under project soundness of approach, your application involves participation as the grantee, or as a project sponsor(s), by a non-profit grassroots community-based organization, including faith-based organizations, as defined in Section V of the General Section. (c) For one rating point under project soundness of approach, your application involves a housing development activity and the grantee, or project sponsor(s), commits to promote energy efficiency by adopting the Energy Star standard in any new construction or rehabilitation activity to be undertaken in the proposed project with HOPWA or other funds. The Energy Star standard is as defined in Section V of the General Section. (d) For two rating points under project soundness of approach, your application involves an state or local government agency as the grantee, or as a project sponsor(s), and that agency completes the regulatory barriers policy questionnaire, including providing the required documentation, as defined in Section V of the General Section. b. Model and Demonstration Qualities (20 Points). HUD will award up to 20 points based on your service delivery plan and how well it will serve as a model for a New and Continuing project by the end of the operating period. HUD expects the proposed project to show exemplary and/or innovative qualities PO 00000 Frm 00150 Fmt 4701 Sfmt 4703 that address the ongoing permanent housing needs (with access to supportive services) of eligible persons within a replicable operational framework. To receive the maximum points, you must offer a housing plan that describes the following: (1) Policy Priorities. If applicable to your application, describe how you will meet the Departmental policy priorities for assisting the special population of HOPWA eligible persons who are chronically homeless persons with HIV/ AIDS. HUD is encouraging applications that strive to create additional models for permanent housing for persons living with HIV/AIDS that are experiencing chronic homelessness. Applicants addressing this population must work collaboratively with the local Continuum of Care Plans to create this permanent housing for persons living with HIV/AIDS and their families. (2) Project Management and Oversight. Describe your method for managing and overseeing activities, including those of your organization, your project sponsor, and any other organization. Identify staff members who are responsible for management and oversight of the project and activity implementation and sustainability plans. (3) Evaluation Plan. In addition to required HOPWA outputs and outcomes your evaluation plan should identify what you are going to measure, how you are going to measure it, the steps you have in place to make adjustments to your work plan if performance targets are not met within established timeframes, and how you plan to share successes and lessons learned in undertaking your activities with other communities. (4) Model and Demonstration Features. Describe how the planned efforts for the type of proposed project, Long-term or SPNS demonstration, will represent model or exemplary qualities in service delivery, management, or other features in connection with other HOPWA funded projects in your community including any local assessment of these features. For a Longterm project, the features must involve permanent supportive housing activities to be undertaken in a non-formula area. A SPNS demonstration project must involve a plan and commitments to place residents in permanent housing by the end of the operating period by showing exemplary and/or innovative qualities. If you propose a new program, or an alternative method of meeting the needs of your eligible population, describe how the innovative qualities of your activities will result in knowledge gained or lessons learned for achieving E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices greater housing opportunities and supportive services for persons living with HIV/AIDS. HUD will rate your application higher if you provide strong evidence that your methods will yield qualities that will benefit or expand knowledge in serving eligible persons, when compared to other applications and HOPWA projects. In order to learn about qualities of previously funded and ongoing HOPWA projects, you may review the HOPWA Executive Summaries for HOPWA grantees at https://www.hud.gov/offices/cpd/ aidshousing. (5) Descriptive Budget. HUD will review your budget in describing: (a) How each amount of requested funding for you and your project sponsors will be used and the related use of leveraged resources; (b) How each line item will relate to your description of planned eligible HOPWA activities, as defined in Section III.A of this Program NOFA; and (c) The clarity and completeness of your summary statement of the planned activities for your project by budget line item and the use of any leveraged funds or other resources by the grantee and sponsor(s). You must complete the HOPWA Project Budget Form as described above. Please note that only the forms are required in connection with your narrative under this Model Qualities section. Rating Factor 4: Leverage and Sustainability (10 Points) This factor addresses your ability to secure community resources that can be combined with HUD’s funds to achieve program purposes and to ensure sustainability of the housing efforts once HOPWA funds are expended. HUD will award up to 5 points based on the extent to which resources from other public or private sources have been committed at the time of application to support your project, including the use of leveraged resources to provide additional supportive service activities and other housing and program support for eligible persons if documentation is provided that is consistent with the standards described in Section IV.B.5, on Leveraging. Also up to 5 points will be awarded based on your demonstrated sustainability, which addresses the extent to which your program exhibits a plan with identified resources to be financially self-sustaining by decreasing dependence on Federal funding and relying more on state, local and private funding so your activities can be continued after your Federal grant award period is complete. The efforts to sustain programs may also involve other VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 management changes, such as consolidation or merger of administrative functions to improve efficiencies and reduce overhead or program costs, in order to better maintain the housing efforts. a. In establishing leveraging, HUD will not consider other HOPWA-funded activities, entitlement benefits inuring to eligible persons, or conditional commitments that depend on future fund-raising or actions. In assessing the use of acceptable leveraged resources, HUD will consider the likelihood that State and local resources will be available and continue during the operating period of your grant and sustain activities beyond that period of Federal support. In evaluating this factor, HUD will also consider: (1) The extent to which you document leveraged resources, such as funding and/or in-kind services from governmental entities, private organizations, resident management organizations, educational institutions, or other entities to achieve the ongoing purposes of the project for which you are requesting HOPWA funds; (2) The extent to which the agreements for documented resources evidence that you have partnered with other entities to make more effective use of available public or private resources. Partnership arrangements may include funding or in-kind services from local governments or government agencies, nonprofit or for-profit entities, private organizations, educational institutions, or other entities that are willing to partner with you on proposed activities, or partnering with other program funding recipients to make more effective use of resources within the geographic area covered by your award. b. To receive any points under this criterion, you must document in your application the commitment of resources that will be used in the project during its operation and the efforts to sustain activities beyond the period of HOPWA support. If you request funding for supportive services, you must document (1) the commitment of other leveraged resources that at least equal the amount of the HOPWA request for program activities (not including administrative costs); and (2) leveraging for additional supportive services that at least equals the amount requested for supportive services activities in order to receive the highest leveraging points. If you do not request supportive services, to receive the highest leveraging points, you must document the commitment of other leveraged resources that at least equal the amount of the HOPWA request for program activities (not including administrative costs). PO 00000 Frm 00151 Fmt 4701 Sfmt 4703 14125 Factor 5: Achieving Results and Program Evaluation (Maximum 10 Points) Address this factor on not more than five (5) double-spaced, typed pages. Under this factor, HUD will award 10 points based on how well your application demonstrates a commitment to ensuring that the goals that you set forth and your performance will be assessed in a clear and effective manner. HUD will analyze how well you have clearly implemented the required HOPWA program output and outcome goals and identified other stated benefits or outcomes of your program including your activities, benchmarks, and interim activities or performance indicators with timelines. HUD will award the highest points to applications that demonstrate an evaluation plan that will objectively measure actual achievements against anticipated achievements. Benchmarks or outputs that are identified in your application should be measurable indicators of actual achievements that help achieve the program outcome goals for the HOPWA Program. These outcome goals must include ‘‘a’’ that is listed below and may include but not be limited to: a. Under the standard required HOPWA outcome measure, increase the amount of housing assistance provided to eligible persons, to establish or maintain housing stability, reduce the risks of homelessness for eligible persons, and improve access to healthcare and other support; b. Increase the access to permanent housing for low-income eligible persons, to enable these households to become more self-sufficient (optional); c. Improve the housing conditions in which low-income and homeless eligible persons and their families live, to increase the number of persons living in housing that is safe, decent, and sanitary (optional); and d. Address the challenge of homelessness for persons living with HIV/AIDS and their families, including persons who are chronically homeless, by helping them more to permanent housing with appropriate support, with coordinated homeless assistance effort (optional). Program output measures for your application for the HOPWA Program must include ‘‘a’’ which is listed below and may include but not limited to: a. Under the standard required HOPWA output measure, the projected number of households to be assisted in HOPWA supported housing units by type (tenant-based rental assistance, STRMU payments and assistance in E:\FR\FM\21MRBK3.000 21MRBK3 14126 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices housing facilities) to be provided to eligible households through your project during each project-operating year; and b. The projected number of households including single persons to be served through each activity during each project-operating year (optional). Your application should also address your evaluation plan for the New and Continuing project. Evaluation is defined as your method for collecting data on HUD program measures to evidence achievement of your project’s goals and objectives. HUD will assess your method for reviewing this data and your basis for making relative adjustments in project implementation based on outcomes and lessons learned. Your evaluation plan must include how you propose to utilize administrative costs or other leveraged support to conduct this activity. HUD will award a greater number of points for projects that also provide for a plan for the dissemination of information from the lessons learned from your proposed activities. Your application must include the Logic Model Form (HUD– 96010). In addition to using the required HOPWA output measures, applicants may create their own set of activities, other outputs, and project outcomes. B. Reviews and Selection Process 1. Renewal of Permanent Supportive Housing Project Applications a. Selection of Renewal Applications. To the degree that funds are available up to the amount made available under the Department’s FY2005 appropriation for this competition, the Department will select for funding all Renewal requests from applicants that meet program requirements (including passing a threshold review for a need for Renewal). HUD will also review requests and adjust funding consistent with funding restrictions found in Section IV. If the amount of the approvable request for Renewal activities for all eligible applicants is greater than the amount made available by this notice up to the amount of Fiscal Year 2005 funds, HUD will select all of the approvable Renewal applications and allocate awards to each based on a pro rata reduction to the amount available under this notice. This action will help to ensure that all eligible and performing Renewal grants receive funding that allows their continued operation. b. HUD Reviews. HUD staff will conduct this review, including staff from Community Planning and Development at Headquarters and HUD’s State and area field offices. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 c. Policy Priorities. Applicants seeking Renewal funding under this Program NOFA are not required to address HUD’s policy priorities. Applicants are also encouraged to review and voluntarily address relevant HUD’s policy priorities as outlined in the General Section. Please note in your application if you undertake any of these optional program efforts. 2. HOPWA New and Continuing Project Applications a. Threshold Reviews. HUD will review your HOPWA application to ensure that it meets the threshold requirements found in Section III.C.2 of the General Section and Section III.C of this Program NOFA pertaining to a request for a new Long-term project or a SPNS demonstration project. b. HUD Reviews. HUD staff will conduct this review, including staff from Community Planning and Development at Headquarters and HUD’s State and area field offices. c. Procedures for the Rating and Selection of Applications. HUD will rate all HOPWA applications based on the factors listed above. The points awarded for the factors total 100. In addition, up to 2 bonus points for projects in RC/EZ/ EC–II areas may be available under Section V.A of the General Section. Whether your HOPWA application is conditionally selected will depend on your overall ranking compared to other applications within each of the two categories of assistance, Long-term projects, or SPNS demonstration projects. Funds made available from federal fiscal year 2004 will be used to fund the highest rated applications in the order of their ranking that propose new Long-term projects, and if any such funds remain after these selections, for new or continuing SPNS demonstration projects. Funds made available from Federal fiscal year 2005 will be used to fund the priority selection of expiring Renewal projects that undertake permanent supportive housing activities. If any such 2005 funds remain after these selections, then the funds will be used to fund additional New and Continuing projects that are the next highest rated applications in the order of their ranking that propose: (a) Additional new Long-term projects, if applicable after the selections made above with 2004 funds, and then (b) additional new or continuing SPNS demonstration projects. HUD will select applications in rank order in each category of assistance to the extent that funds are available, except as outlined in this Program NOFA, where HUD reserves the right to select applications that target the priority eligible PO 00000 Frm 00152 Fmt 4701 Sfmt 4703 populations to ensure selection of two projects addressing the housing needs of persons who are chronically homeless. In allocating amounts to the categories of assistance, HUD reserves the right to ensure that sufficient funds are available for the selection of at least one application with the highest ranking under each category of assistance. HUD will not select an application that is rated below 75 points, nor will an application be funded if it receives a Rating Factor 1—Capacity score lower than 14 points. In the event of a tie between applications in a category of assistance, HUD reserves the right to break the tie by selecting the proposal that was scored higher on a rating criterion in the following order: Soundness of Approach; Responsiveness and Model Qualities (Rating Factor 3); Achieving Results and Program Evaluation (Rating Factor 5); Capacity of the Applicant and Relevant Organizational Experience (Rating Factor 1); Need/Extent of the Problem (Rating Factor 2); and Leveraging Resources (Rating Factor 4). C. Anticipated Announcement and Award Dates The anticipated announcement of the projects selected under this notice is no later than August 30, 2005. VI. Award Administration Information A. Award Notices 1. Applicant Notification. HUD will notify the eligible applicants of their conditional selection or rejection for awards by email or by a letter to be mailed to the applicant’s authorized official at the address or e-mail address provided in your application. For conditionally selected applicants, the CPD Division of HUD’s State or area office will provide a second letter with a copy of a proposed grant agreement along with instructions on any adjustments to the grant amount requested and other conditions identified during the review for conducting planned activities and on the close out of the current grant. 2. Award Modifications. After reviewing each application, HUD reserves the right to take each of the following actions: a. HUD reserves the right to make award adjustments as outlined in Section IV.A.2, Adjustments to Funding, of the General Section of the SuperNOFA. b. In the event that a conditionallyselected applicant is unable to meet any conditions for funding within the specified time, HUD reserves the right to not make an award to that applicant. In E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the event that a conditionally-selected applicant is continuing to operate under the prior grant, and has sufficient funds to continue current operations for at least six months following the date of notification of selection, HUD may take any of the following actions: (i) Follow procedures to terminate the prior grant and recapture remaining funds after this date, consistent with the terms of the applicable grant agreement and 24 CFR 574.500(c); or (ii) adjust the amount of the new award by the amount of funds remaining after this date in the prior grant. c. In making awards to New and Continuing projects, HUD may offer less then the full amount requested to applicants that have received sufficient points to be selected, but for which there are insufficient funds remaining to provide the full funding request. HUD may also use funds from an award reduced under item b, above, to restore amounts to a funding request that had been reduced in this competition due to the application’s lower rating status; d. If an applicant turns down an award, an award is not made, or if there are sufficient award adjustments to make additional awards feasible, HUD reserves the right to: (a) Offer an award to the next highest rated application(s) in this competition in their rank order; (b) add remaining or recaptured amounts to the funds that become available for a future competition; or (c) restore amounts to a funding request that had been reduced in this competition. 3. Applicant Debriefing. Applicants requesting to be debriefed must send a written request to: Department of Housing and Urban Development; Attention: Office of HIV/AIDS Housing; 451 Seventh Street, SW., Room 7212; Washington, DC 20401–7000. Telephone number is (202) 708–1934. Persons with hearing or speech challenges may access the above number via TTY (text telephone) by calling the Federal Information Relay Service at 800–877–8339 (this is a tollfree number). Additional information regarding debriefing can be found in the General Section. B. Administrative and National Policy Requirements 1. Executive Order 13202, Preservation of Open Competition and Government Neutrality Toward Government Contractors’ Labor Relations on Federal and Federally Funded Contract Projects. See Section III.C. of the General Section for the information on how to meet this requirement. VerDate jul<14>2003 22:18 Mar 18, 2005 Jkt 205001 2. Procurement of Recovered Materials. See Section III.C. of the General Section for the information on how to meet this requirement. C. Reporting 1. Six-Month Report. For any new project, you must provide an initial report to the Field Office and HUD Headquarters on the startup of the planned activities within six months of your selection. Your report must outline your accomplishments and identify any barriers or issues for which the Department may provide assistance on the start-up on your new award. Renewal and continuing projects are not required to file this report. 2. Measuring Performance. You must report after each year of operation on the annual accomplishments of your projects under the HOPWA Annual Progress Report (form HUD–40110–B), including the required performance measures described in Section III.C.2.c. of this Program NOFA on Required HOPWA Performance Goals including reporting on annual housing outputs and client outcomes in achieving housing stability, reduced risks of homelessness, and improved access to healthcare and other needed support. For each reporting period, you must provide a completed Logic Model showing progress to date against projected outputs and outcomes contained in your approved grant agreement. HUD will use these reports and information obtained from HUD financial systems, along with any remote or on-site monitoring, to measure your progress and achievements in evaluating your performance on your HOPWA grant. 3. Beneficiary Information. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget’s Standards for the collection of Racial and Ethnic Data. In view of these requirements, you should use one of the following: • HUD–27061, Racial and Ethnic Data Reporting Form (instructions for its use) found on www.HUDclips.org; • A comparable program form (HOPWA—Annual Performance Report (APR) form HUD–40110–C); or • A comparable electronic data system for this purpose. VII. Agency Contacts A. For Further Information and Technical Assistance (TA). For technical assistance in downloading an application package from Grants.gov/ Apply, contact the Grant.gov help desk at 800–518–Grants or by sending an email to support@grants.gov. For PO 00000 Frm 00153 Fmt 4701 Sfmt 4703 14127 programmatic information, you may contact the HUD field office serving your area. You can find the telephone number for the State or Area Office of Community Planning and Development on HUD’s Web site: www.hud.gov/ offices/adm/grants/fundsavail.cfm. HUD staff may assist with program questions, but may not assist in preparing your application. Persons with hearing or speech challenges may access the above number via TTY (text telephone) by calling the toll-free Federal Information Relay Service at 800–877–8339. B. Seeking Technical Assistance (TA) in Developing a HOPWA Application. HOPWA TA providers may not provide technical assistance in the drafting of responses to HUD’s NOFA due to the unfair advantage such assistance gives to one organization over another. If HUD determines that HOPWA technical assistance has been used to draft a HOPWA application, HUD reserves that right to reject the application for funding. If, after your application has been selected for an award, HUD determines that HOPWA technical assistance was used to draft your application, the award will be withdrawn and you may be liable to return to HUD any funds already spent. C. Satellite Broadcast. HUD will hold information broadcasts via satellite for potential applicants to learn more about the program and preparation of the application. For more information about the date and time of the broadcast, you should consult the HUD Web site at www.hud.gov/grants. VIII. Other Information A. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2506–0133. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 413 hours per annum per respondent for the application and grant administration. This includes the time collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required E:\FR\FM\21MRBK3.SGM 21MRBK3 14128 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices in order to receive the benefits to be derived. B. Instructions on Filling Out Required HOPWA Application Budget Form (HUD–40110–B). Complete a separate ‘‘Detailed Project Budget and Housing Outputs’’ page (Section B) for the Grantee and for each Project Sponsor receiving HOPWA funds under this application. Specific instructions: 1. Name of Organization: Enter the complete legal name of the organization (grantee or project sponsor). (If you are completing an electronic application, this data element is pre-populated after you have completed the SF 424 information.) 2. Zip Code: Enter the zip code of the local headquarters of the grantee or sponsor. (For electronic applications, this information is pre-populated once you enter the information on the SF 424. 3. Type: Mark if you are completing this form for the grantee or project sponsor, as applicable. 4. Grassroots: Indicate if the grantee or sponsor is a grassroots faith-based or other community-based grassroots organization (see General Section for definitions). 5. Eligible Activity Description: Provide a brief description in each of the appropriate ‘‘Eligible Activity’’ categories for each activity for which you are seeking funding. This description should be a 1–2 line summary of the activity. Example 1: Tenant-Based Rental Assistance Description: ‘‘Provide Long-term, tenant-based rental assistance through the ‘‘Rent Project’’ to 25 individuals and 10 families per year over a three-year grant period (average $5,000 per household per year).’’ Example 2: Supportive Services Description: ‘‘One employee (0.5FTE) will provide case management, nutritional services, and mental health counseling to 45 individuals in the AIDS Housing facility each year for the three years of the grant term.’’ Example 3: Permanent Housing Placement Description: ‘‘Funds for first months rent and security deposits and help in completing housing forms for 25 households per year to move them to permanent rental housing at $60,000 for the three years of the grant term.’’ 6. Budget: For each HOPWA Eligible Activity (lines 1–15), enter the amount of requested HOPWA funds in the ‘‘Totals’’ column. In the columns labeled ‘‘Yr. 1’’, ‘‘Yr. 2’’ and ‘‘Yr. 3’’, indicate in whole dollars how you plan to spend the total funds over each of the project years. If you are a submitting a new application and requesting funds for Facility Development (lines 1–3), do not allocate Facility Operations funds (lines 4–6) until the facility is developed and operational. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 7. # of Housing Units / # of Households: Indicate the number of housing units or households, as applicable, that will be assisted during each program year for which you are seeking funds. 8. Total HOPWA Request: Total the ‘‘Budget’’ amounts at the bottom of the page. C. Instructions on Completing HUD’s Logic Model (Form HUD–96010). (Note: Below are specific instructions for completing HUD’s Logic Model for the HOPWA program. Refer to the General Instructions for further guidance on completing the Logic Model.) The HOPWA program is intended to achieve the overall outcome that persons assisted have been enabled to establish and/or better maintain a stable living environment in housing that is safe, decent and sanitary and to reduce the risks of homelessness and improve access to healthcare and other supportive services. In addition, output is measured each year on the number of units of housing/households supported with HOPWA funds. Projects may also show how efforts foster greater selfsufficiency and independence for clients from public support. The outcomes and outputs on the Logic Model will be used as a guide to assist HUD and grant recipients to measure the impact of the HOPWA program in achieving HUD’s objectives. At the end of each year of assistance, HOPWA recipients should consider the effects of their efforts and compare results to the planned outputs and the prior year’s outcome baseline on stable housing as part of an assessment of program success. These assessments will help inform the community as well as HUD in assessing past performance and helping to direct future efforts. For example, if an assessment shows that some activities are not helping beneficiaries achieve the desired outcome, recipients should consider what alternatives or enhancements to program efforts might better meet this goal. By its nature, short-term housing support is expected to provide a temporary and unstable housing outcome if persons remain dependent on this type of assistance. Specific Instructions: Program Name: Enter ‘‘HOPWA’’(For electronic application filers this information is pre-populated once you have completed the SF 424 information). Component Name: ‘‘New’’ or ‘‘Continuing’’ or ‘‘Renewal’’, as applicable. Strategic Goals: Enter ‘‘2,4’’ which conform to HUD’s strategic goals to ‘‘Promote decent affordable housing’’ PO 00000 Frm 00154 Fmt 4701 Sfmt 4703 and ‘‘Ensure equal opportunity in housing’’ Policy Priorities: Below are HUD’s policy priorities. HOPWA efforts are established under item 1 in providing housing support and item 6 in helping to end chronic homelessness. In addition to those items (whichever is appropriate), applicants could add to attainment of the other items. In the Policy Priorities column, enter the numbers which best identify the priorities that apply to your application, including 1 and/or 6 along with any optional addition priority. 1. Provide increased homeownership and rental opportunities for low and moderate-income persons, persons with disabilities, the elderly, minorities and families with limited English proficiency. (HOPWA included) 2. Improving our nation’s communities 3. Encourage accessible design features 4. Provide full and equal access to grassroots faith-based and other community-based organizations in HUD program implementation 5. Participation of minority-serving institutions in HUD programs Ending chronic homelessness (HOPWA funded homeless projects included). 6. Removal of regulatory barriers to affordable housing. 7. Participation in Energy Star. Problem, Need or Situation: Provide a general statement of need that provides the rationale for the proposed service or activity (i.e., describe the problem that you are addressing with your HOPWA application program). Service or Activity: Identify the services that you are providing to address the Problem, Need or Situation identified above. Output Goal: Using the figures from the ‘‘# of Units’’ and ‘‘# of Households’’ section of the ‘‘Detailed Project Budget and Housing Outputs’’ section of form 40110–B, identify the Short-Term, Intermediate and Long-term output goals of your project. For example: a short-term output goal might be ‘‘to provide 14 units of housing for persons with HIV/AIDS and their families,’’ an intermediate output goal might be ‘‘to assist 20 family members to find jobs,’’ and a Long-term output goal might be ‘‘to assist 4 households to purchase a home.’’ Output Result:1 Do not complete this column in the application—this will be used in annual progress reporting. Achievement Outcome Goals: Identify the number of households who will be able to: (a) Establish and/or better maintain stable housing, E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (b) Reduce their risks of homelessness or (c) Improve their access to healthcare and other needed support. The achievement of stable housing for HOPWA beneficiaries is defined as the number of clients who will remain in residence in the housing program or VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 who leave the program through outplacement to other permanent housing options, including private resources, and those with a reasonable expectation of self sufficiency and independence after their HOPWA assistance. PO 00000 Frm 00155 Fmt 4701 Sfmt 4703 14129 End Results: Do not complete this section. Measurement Reporting Tools: Refer to general instructions on the Logic Model. Evaluation Process: Refer to general instructions on the Logic Model. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00156 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.236</GPH> 14130 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00157 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14131 EN21MR05.237</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00158 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.238</GPH> 14132 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00159 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14133 EN21MR05.239</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00160 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.240</GPH> 14134 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00161 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14135 EN21MR05.241</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14136 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Housing for People who are Homeless and Addicted to Alcohol Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development B. Title: Housing for People Who Are Homeless and Addicted to Alcohol C. Announcement Type: Initial announcement D. Funding Opportunity Number: The Federal Register number is FR–4950– N–33; the OMB approval number is pending. E. Catalog of Federal Domestic Assistance Number: 14.235 F. Dates: The application submission date is May 19, 2005. G. Additional Overview Content Information: 1. Applicants for funding should carefully review the requirements identified in this Program NOFA and the General Section. Unless otherwise stated in this Program NOFA, the requirements of the General Section apply. 2. This NOFA announces the availability of approximately $10 million to award approximately ten twoyear grants ranging up to approximately $1 million per award. This two-year, competitive demonstration program, developed in consultation with the Interagency Council on Homelessness as required in Public Law 108–7, is designed to provide supportive housing assistance to chronically homeless persons who have been living on the streets for at least three hundred sixtyfive (365) days over the last five (5) years and have a long term addiction to alcohol, otherwise known as serial inebriates. Clients served by these funds will have been living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. Grantees will partner with local law enforcement and court systems and other relevant institutions to identify eligible clients for this program. Grantees will demonstrate existing relationships with service providers, including grassroots community-based organizations including faith-based organizations, to ensure the comprehensive supportive services needs of the clients are addressed (through other funds). The project must be located within a Continuum of Care that has at least 100 people who are chronically homeless and unsheltered, according to the Continuum of Care or a recent official count. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Full Text of Announcement I. Funding Opportunity Description A. Background. Research suggests that as many as 150,000 people experience chronic homelessness in this country. People experiencing chronic homelessness frequently suffer from addiction to alcohol or other disabling conditions, and they are homeless for extended periods of time or experience multiple episodes of homelessness. For the most part, persons who are chronically homeless get help for a short time but soon fall back to the streets and shelters. Because the long-term needs of these persons are not comprehensively addressed, they cycle through the homeless system and consume a significant portion of available emergency resources. When persons who are chronically homeless have access to basic assistance, like housing and treatment, research suggests a reduction in the costs of expensive emergency interventions. People who have been living on the streets for a very long time with a primary diagnosis of alcoholism are a particularly difficult to serve homeless sub-population. Research indicates that 38 percent of the overall homeless population experiences problems with alcohol. Since evidence has shown that in certain communities alcoholism among the homeless population is a major problem, including high utilization of public resources, emergency medical services and the court system, this demonstration targets this very difficult to serve population. B. Program Description. This demonstration targets chronically homeless persons who have been living on the streets for at least three hundred and sixty-five (365) days over the last five (5) years and have a long-term addiction to alcohol, otherwise described as serial inebriates. Clients served by these funds will have been living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. It is the intent of Congress that funds awarded under this NOFA support innovative solutions, which frequently result when local community organizations work together. Building upon existing collaborations, grantees are expected to work in conjunction with local law enforcement agencies and courts, including the police department, sheriffs department, superior court, city attorney, and/or city council, to identify and refer eligible clients to projects funded by this program. After clients are identified as having a long-term addiction to alcohol and having lived on PO 00000 Frm 00162 Fmt 4701 Sfmt 4703 the streets for at least 365 days over the last five years, the provider will determine, on a case-by-case basis, if they need to be stabilized in programs (not funded through this initiative), such as a residential treatment center, detoxification center or other jail diversion program, for up to six months prior to being placed into permanent supportive housing (funded through this initiative). Once the grantee, working in conjunction with the relevant supportive service providers and the homeless client, determines that the client is ready, grant funds for this initiative may be used to provide permanent supportive housing for the client. Up to five percent of the funds are available for providers to help clients identify and obtain permanent supportive housing. HUD expects that approximately half of the projects awarded will provide grants for leasing that are project-based projects, and the other half will provide grants that are tenant-based projects. Comprehensive alcoholism treatment services, along with other relevant services, must be provided in a manner deemed appropriate by the grantee and are subject to requirements of the Supportive Housing Program regulations and other applicable laws and regulations. Clients must be assisted in accessing relevant mainstream service delivery systems, Food Stamps, Supplemental Security Income (SSI), and Medicaid, for example. Following this demonstration period, funded projects may be eligible to apply, on a competitive basis, as a renewal project through the Continuum of Care for Supportive Housing Program—Permanent Housing (SHP– PH). C. Authority. Public Law 108–7, approved February 20, 2003 (111 Stat. 494) authorizes this two-year demonstration program. The Supportive Housing Program is authorized by Title IV, Subtitle C, of the Stewart B. McKinney-Vento Homeless Assistance Act (McKinney-Vento Act), 42 U.S.C. 11381. D. Definitions. 1. Chronic homelessness refers to an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. To be considered chronically homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on the streets) and/or in an emergency shelter during that time. An episode is a separate, distinct, and sustained stay on E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the streets and/or in an emergency homeless shelter. 2. For the purpose of this NOFA, disabling condition is defined as ‘‘a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. A disabling condition limits an individual’s ability to work or perform one or more activities of daily living.’’ 3. A serial inebriate is defined as a chronically homeless person who has been living on the streets for at least 365 days over the last five years and who has a long-term addiction to alcohol. (To be eligible for this program, clients served by these funds will be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years.) II. Award Information This NOFA announces the availability of approximately $10 million to award approximately ten grants ranging up to approximately $1 million per award. III. Eligibility Information A. Eligible Applicants. Eligible applicants are States, local government, other government agencies, and public and private nonprofit organizations that are part of a Continuum of Care in jurisdictions that have at least 100 people who are chronically homeless and unsheltered. B. Eligible Activities. Eligible activities are limited to leasing of housing and limited housing search and administrative expenses. For the purpose of this NOFA, housing activities include only leasing and housing search. C. Other. 1. Eligible clients. Eligible clients are chronically homeless persons who have been living on the streets for at least 365 days over the last five years and who have a long-term addiction to alcohol. (To be eligible for this program, clients served by these funds will be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years.) 2. Threshold Requirements. a. Ineligible Applicants. HUD will not consider an application from an ineligible applicant. b. Applicants, and Sub-grantees, must meet the Threshold Requirements in the General Section of the SuperNOFA. c. Compliance With Fair Housing and Civil Rights Laws. (1) Applicants must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 addition to these requirements, there may be program-specific threshold requirements identified in the individual Program NOFAs. (2) If you, the applicant: (a) Have been charged with an ongoing systemic violation of the Fair Housing Act; or (b) Are a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging an on-going pattern or practice of discrimination; or (c) Have received a letter of findings identifying ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, or Section 109 of the Housing and Community Development Act of 1974; and (d) The charge, lawsuit or letter of findings referenced in subpart (a), (b), or (c) above has not been resolved to HUD’s satisfaction before the application deadline, then you are ineligible and HUD will not rate and rank your application. (2) Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to: (a) A voluntary compliance agreement signed by all parties in response to a letter of findings; (b) A HUD-approved conciliation agreement signed by all parties; (c) A consent order or consent decree; or (d) An issuance of a judicial ruling or a HUD Administrative Law Judge’s decision.’’ d. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. If you are a successful applicant, you will have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. The application should include specific steps to: (1) Overcome the effects of impediments to fair housing choice that were identified in the jurisdiction’s Analysis of Impediments (AI) to Fair Housing Choice; (2) Remedy discrimination in housing; or (3) Promote fair housing rights and fair housing choice. Further, you, the applicant, have a duty to carry out the specific activities provided in your responses to the rating factors that address affirmatively furthering fair housing. PO 00000 Frm 00163 Fmt 4701 Sfmt 4703 14137 3. Program Requirements. a. Applicants must be a part of a Continuum of Care. Please provide as documentation a copy of the Continuum of Care Planning Process Organization that was submitted in the most recent Continuum of Care competition. b. The project must be located within a Continuum of Care that has at least 100 people who are chronically homeless and unsheltered, according to the Continuum of Care or a recent official count. Please identify by program year and date of submission the most recent Continuum of Care documentation submitted to HUD, so HUD staff can confirm that the jurisdiction has identified the required 100 people. c. All clients are expected to receive necessary supportive services from the time they are identified and as long as necessary after they are placed into permanent supportive housing. d. Grantees shall derive all supportive services funds, including substance abuse treatment, from other public or private sources, including communitybased organizations, inclusive of faithbased organizations. e. Funds made available under this NOFA are subject to the program regulations at 24 CFR part 583. f. Grantees currently operating facilities or activities that serve homeless persons may only receive SHP funding if the project proposes to increase the number of homeless persons served. g. Safeguarding Resident/Client Files. In maintaining resident files, HUD funded recipients shall observe state and local laws concerning the disclosure of records that pertain to individuals. Further, recipients are required to adopt and take reasonable measures to ensure that resident/client files are safeguarded. h. Environmental Impact. Activities under this NOFA are subject to the environmental review provisions set out at 24 CFR 583.230. A recipient, its project partners and their contractors may not commit or expend any assistance or nonfederal funds on project activities (other than those listed in 24 CFR 58.22(c), 58.34 or 58.35(b)) until HUD has approved a Request for Release of Funds and environmental certification from the responsible entity. The expenditure or commitment of assistance or nonfederal funds for such activities prior to this HUD approval may result in the denial of assistance for the project under consideration. D. Match. For the purposes of this two-year demonstration program, applicants must match all funds provided through this initiative on at E:\FR\FM\21MRBK3.000 21MRBK3 14138 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices least a dollar for dollar basis with cash for supportive services. Cash already claimed as leverage or match as part of the Continuum of Care activities may not be claimed to offset this match requirement. Grantees shall derive services funds from public or private sources, including community-based organizations, inclusive of faith-based organizations, but shall not derive services funds from other HUD–funded homeless assistance grants. Refer to 24 CFR 84.23 (for nonprofits) and 85.24 (for state and local governments) for information governing matching funds, but note that the cash requirements of this two-year demonstration program are more restrictive than the requirements that may apply to other grant programs. IV. Application and Submission Information A. Addresses to Request Application Package. Applicants may download the NOFA from the Grants.gov Web site at https://www.grants.gov. If you have difficulty accessing the information you may call the grants.gov help desk at 800–518–GRANTS. The operator will assist you in accessing the information. Please see the General Section for information on electronic application submission, procedures for requesting a waiver, and timely submission and receipt requirements. B. Content and Form of Application Submission. 1. Required Materials. There is no separate application kit. This notice contains all the information necessary for submission of your application. a. In addition to the required narratives, please include in your application each item in the order listed below: (1) SF–424, Application for Federal Assistance. (a) Every section should be completed. (b) When completing box 15, the component selected should be either: i. Permanent Housing for Persons with Disabilities, or ii. Safe Havens—Permanent (Safe haven projects have the characteristics of permanent housing and will require participants to execute a lease agreement.) (2) HUD–2991, Certification of Consistency with Consolidated Plan. (3) SF–424–SUPP, Survey on Ensuring Equal Opportunity for Applicants. (4) HUD 27300, America’s Affordable Communities Initiative. (5) HUD–96011, Facsimile Transmittal. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (6) HUD–96010, Program Outcome Logic Model. (7) SF–LLL, Disclosure of Lobbying, if applicable. (8) HUD 40112.1, Program Project Information. (9) HUD 40112.2, Number of Beds and Participants Charts. (The period of performance for all grants awarded through this NOFA will be up to twoyears.) (a) This section is composed of two charts: (i) Chart 1 is for recording the number of beds/bedrooms in the project. (ii) Chart 2 is for recording the number of participants to be served. (b) Instructions for Completing Chart 1 and Chart 2. Note: If your project is funded, you will be responsible for achieving the numbers submitted. (i) In the first column, please enter the requested information for all items at a point in time (a given night). You should only fill out this column if you propose to use existing facilities to serve the homeless. If not, enter ‘‘N/A’’ in this column. (ii) In the second column, enter the new number of beds and persons served at a point in time if this project is funded. (iii) In the third column, enter the projected level (columns 1 and 2 added together) that your project will attain at a point in time. (iv) In the fourth column, enter the number of persons to be served over the grant term. (10) HUD 40112.3, Leasing Information. (a) Leasing Units for Housing. (i) Housing space may be in the form of scattered-site leased units, or within a structure. The structures to be leased may be structures currently configured for, or structures to be converted to provide, supportive housing and/or supportive services. (ii) If you propose to lease units in more than one metropolitan or nonmetropolitan area, fill in the appropriate number of tables for each area with a different FMR or actual rent. Please submit multiple copies of this Chart as needed to accommodate projects using more than one FMR or actual rent. (iii) Enter the number of unit(s) by the bedroom size to be leased and the lower of the actual rent or the FMR as published in the Federal Register on October 1, 2004. (FMRs may be found using this WEB site: https:// www.huduser.org/datasets/fmr.html) The space to be leased may be scatteredsite (e.g., one-bedroom apartments in five different apartment complexes) or contained within a structure (e.g., a group home with six bedrooms). PO 00000 Frm 00164 Fmt 4701 Sfmt 4703 (iv) Multiply the number of units by the FMR or actual rent, whichever is lower, by the length of the grant (# of units × FMR or actual rent × months based on grant term) and enter the result in the total column. (v) Please note that the FMR for a single room occupancy (SRO) unit is equal to 75 percent (0.75) of the 0bedroom FMR. The FMRs for unit sizes larger than 4-bedrooms are calculated by adding 15 percent to the 4-bedroom FMR for each extra bedroom. For example, the FMR for a 5-bedroom unit is 1.15 times the 4-bedroom FMR, and the FMR for a 6-bedroom unit is 1.30 times the 4-bedroom FMR. (vi) Chart A should be filled out only if you will lease individual units or structures that are currently configured for housing and/or services and, therefore, an FMR or actual rent can be used. If you have negotiated an actual rent (s) which is lower than the FMR, please use that amount instead of the FMR. The actual rent may not exceed the FMR. (vii) If your project has been approved for exception rents use those amounts when completing these charts AND submit your current approval letter with this document. (b) Leased Structure(s) for Housing (i) If you will lease a structure or portion of a structure for housing, fill out Chart B below using a monthly leasing cost that is comparable to and no more than the rents being charged for similar space in the area. This applies to structures already configured for housing and for those that will be converted. If your project has more than one structure, reproduce Chart B and fill it out starting with structure 2. (ii) Multiply the monthly leasing costs by the number of months requested for funding and enter the result in the total column. (iii) Chart B should be filled out only if you will lease a structure or portion of a structure for which an FMR is not applicable. (11) HUD 40112.4, Additional Key Information. HUD needs the information in this form to respond to public and Congressional inquiries about program benefit. (12) SF 424A, Budget Information— Non-Construction. Only Complete Sections A and C. (a) In Section A, column (a) which is labeled ‘‘Grant Program Function or Activity’’, the applicant must list the activities that will be funded through this grant and provided as cash match: i. Row 1 should state leasing; ii. Row 2 should state housing search assistance; iii. Row 3 should state administration. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices iv. Row 4 should state services. (b) Columns (b), (c) and (d) of Section A should be left blank. (c) In column (e) of Section A, list the funds you are requesting through this NOFA in rows 1 through 3. NOTE: Although column (e) is labeled ‘‘Federal,’’ do not enter all Federal Funds in this column. Enter only those funds requested from this NOFA. (d) Use column (f) of Section A to indicate the other funds you are committing to this project. Note: Although column (f) is labeled ‘‘NonFederal,’’ use this column to show all funds, Federal and non-federal, other than the SHP funds listed in column (e), which will support this project. Column (g) is a calculated field and should equal your total project budget. (e) Column (a) of Section C, NonFederal Resources, contains calculated fields and will list leasing, housing search assistance, administration and services in rows one through four. (f) Use columns (b) Applicant, (c) State and (d) Other of Section C should to show the non-federal cash match for each of the activities listed in rows one through four. (g) Column (e) of Section C should total the amount of cash match for each of the activities. Note: Column (e) row 12 must be equal to or greater than your total grant request shown in Section A column (e) row 5 in order to satisfy the match requirement. (13) Budget Narrative. A one-page narrative must be submitted that explains how the applicant arrived at the cost estimates for any line items, including match items. 2. Required Certifications. By signing the SF–424 cover page: a. The governing body of your organization has duly authorized the application for federal assistance. In addition, by signing and/or electronically submitting your application, you certify that the Authorized Organization Representative signing the application: (1) has the legal authority to apply for Federal assistance and the institutional, managerial, and financial capacity (including funds to pay for any nonfederal share of program costs) to plan, manage and complete the program as described in the application; and will provide HUD any additional information it may require; and (2) will administer the award in compliance with requirements identified and contained in the Notice of Funding Availability as applicable to the program for which funds are awarded and in accordance with requirements applicable to the program. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 b. No appropriated Federal funds have been paid or will be paid, by or on behalf of the applicant to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress, in connection with this application for Federal assistance or any award of funds resulting from the submission of this application for Federal assistance, or its extension, renewal, amendment, or modification. If funds other than Federal appropriated funds have been or will be paid for influencing or attempting to influence the persons listed above, the applicant agrees to complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, as part of its applications submission package. The applicant further agrees to and certifies that it will require all subawards at all tiers including subgrants and contracts to similarly certify and disclose accordingly. C. Submission Date and Times. Applications must be submitted to and received by Grants.gov on or before 11:59:59 p.m. eastern time on May 19, 2005. Please be sure to read the General Section for timely submission and receipt requirements as submission requirements have substantially changed this year. Failure to follow the submission requirements and procedures may affect your ability to receive an award of funds. D. Intergovernmental Review. This program is excluded from an Intergovernmental Review. E. Funding Restrictions. 1. Housing funds available through this initiative may only be used to provide grants for leasing, limited housing search assistance and administration. 2. No more than 5 percent of each project award may be used for housing search assistance. 3. No more than 5 percent of each project award may be used for administrative costs, such as accounting, preparing HUD reports, obtaining audits, and other costs associated with administering the grant. 4. Costs for new construction, rehabilitation, acquisition, operating costs, and supportive services are not allowable costs for reimbursement under this NOFA. 5. Under no circumstances may SHP leasing funds be used to lease units or structures owned by the project sponsor, the selectee, or their parent organizations. This includes organizations that are members of a general partnership where the general partnership owns the structure. PO 00000 Frm 00165 Fmt 4701 Sfmt 4703 14139 6. Activities undertaken to benefit populations other than the target population as defined in Section I.B, above, will not be funded. 7. Clients served by these funds must be living on the streets at the time of initial contact and will have no history of living in transitional or permanent housing over the last five years. F. Other Submission Requirement. Applicants receiving a waiver to the electronic submission requirement may submit a paper copy application. Applicants that have received a waiver of the electronic submission requirement should consult the General Section for application submission instructions including Appendix C for the correct mailing address and number of copies. V. Application Review Information. A. Criteria. The following are descriptions of the rating factors upon which the application will be scored. The total number of pages allotted to each rating factor is specified. Additional narrative or lists, other than those specified in the rating factors below, will not be considered. Lists that are requested in a rating factor are not included in the page limit. 1. Capacity of the Applicant and Relevant Organizational Staff (Points 20). Up to 20 points will be awarded based on the following questions (two pages total): a. What experience does the applicant have in providing supportive housing and collaborating with agencies that provide an array of needed supportive services to persons who have been living on the streets for at least 365 days over the last five years and who have a long-term addiction to alcohol. b. What existing relationships does the applicant have with law enforcement agencies, courts, substance abuse service systems and other supportive services organizations, subcontractors, consultants, sub-recipients, and members of consortia that are firmly committed to the project? c. How have the applicant and partner agencies demonstrated the management and organizational capability to manage this collaboration? d. What is the applicants’ past performance in managing public or private funds and the timely use of funds received from Federal, State or local sources? 2. Need/Extent of Problem (Points 10). (one page total): This factor addresses the extent to which (a) there is a need for funding the proposed activities described in the applicant’s work plan, and (b) the degree to which the applicant’s work E:\FR\FM\21MRBK3.000 21MRBK3 14140 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices plan substantively addresses departmental policy priorities. Please note, there must be at least 100 people who are chronically homeless and unsheltered in your Continuum of Care. a. Needs Data (5 points). Please provide in the response, the extent to which the community the applicant serves has documented the extent of homelessness and the presence of persons who are chronically homeless and addicted to alcohol in its Continuum of Care, Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI), or other planning documents. Briefly describe where the target population will come from and the outreach plan to bring them into the project. Please describe the approach in identifying the needs of the target population. Higher points will be awarded to applicants that can quantify the number/percent reduction in overall homelessness and chronic homelessness to be achieved by the proposed work plan. b. Departmental Policy Priorities (5 points). The Departmental policy priorities are described in detail in the General Section. The following four priorities apply for the purpose of this NOFA. Indicate if, and describe how, the applicant’s work plan substantively addresses each of these departmental policy priorities. Applicants are advised to review the policy priorities in the General Section, to assure they fully understand the meaning of each, prior to responding to this sub-factor. In scoring this section, the applicant will receive one point for each of the departmental policy priorities (1)—(3) that the work plan substantively addresses. Up to 2 points are available for priority (4). The activities the applicant proposes in its projected work plan, detailed in Factor 3 of this NOFA, must address the policy priorities for priorities (1)–(3) in order to receive rating points. Points will only be awarded to applicants for policy priority (4) if the submission includes the required documentation or URL sites where the documentation can be found. (1) Providing Full and Equal Access to Grassroots, Faith-Based and Other Community-Based Organizations in HUD Program Implementation. Please describe how the applicant encourages the involvement of faith-based and community-based organizations in developing and implementing the proposed project, and the extent to which these groups participate in developing their work plans. (2) Ending Chronic Homelessness. Please describe how the program meets VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 this policy priority. The applicant should be mindful of the requirements of the regulations implementing Section 504 of the Rehabilitation Act, in particular, 24 CFR 8.4(b)(1)(iv), 8.4(c)(1) and 8.4(d). (3) Participation in Energy Star. To obtain the policy priority points for energy star, the applicant must set quantitative goals for activities such as replacing worn products or facilities such as light bulbs, water heaters, furnaces, etc., with Energy Star products to reduce operating costs. (4) Removal of Regulatory Barriers to Affordable Housing. To obtain the policy priority points for efforts to successfully remove regulatory barriers, applicants must complete form HUD– 27300, ‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers.’’ Copies of HUD’s notices published on this issue, can be found on HUD’s Web site at https://www.hud.gov/ offices/adm/grants/fundsavail.cfm. Under this policy priority, higher rating points are available to: (a) Governmental applicants that are able to demonstrate successful efforts in removing regulatory barriers to affordable housing and (b) Nongovernmental applicants that are associated with jurisdictions that have undertaken successful efforts in removing barriers. 3. Soundness of Collaborative Approach (Points 40). Up to 40 points will be awarded based on the extent to which the applicant collaborates with the identified partners to accomplish the goals described in response to this rating factor. (10 pages total): a. The applicant should provide memoranda of agreement that clearly specify the roles and signatures of the partners involved in this collaboration, including, but not limited to, law enforcement agencies, courts, substance abuse service systems and other supportive services organizations, subcontractors, consultants, sub-recipients, and members of consortia. The memoranda are not included in the page limitation. b. How will the applicant work with the partners identified in the memoranda, the local Continuum of Care and partner agencies to develop and implement this program? How does this program support existing homeless and housing plans in the jurisdiction? c. What role will the police department, sheriffs department, superior court, city attorney, city council, and/or local hospitals have in identifying eligible clients? How will clients be referred to the program? d. How will the applicant and partners determine that the clients have PO 00000 Frm 00166 Fmt 4701 Sfmt 4703 lived on the streets for at least 365 days over the past five years and are addicted to alcohol? How will the applicant and partners determine that the clients have been living on the streets at the time of initial contact and have no history of living in transitional or permanent housing over the last five years? e. How will the applicant and partner providers determine if clients need to be stabilized in programs, such as residential treatment centers, detoxification centers or other jail diversion programs (for up to six months) before being placed into permanent housing? What role will the clients have in this determination? f. How will participants be assisted both to obtain and remain in permanent housing? How will housing be identified and how will the client be assisted in finding housing? What role will the limited housing search assistance provided through this initiative have in identifying suitable housing for the clients? What role will the clients have in selecting the permanent housing? g. What type of housing will be provided? How do the TYPE (e.g., apartments, group home) and SCALE (e.g. number of units, number of persons per unit) of the proposed housing will fit the needs of the participants? Will existing structures be utilized? If this will be an expansion of an existing project, what new housing will be available as a result of this initiative? How will the housing be accessible to persons with disabilities in accordance with applicable laws? h. Where will the housing be located? To what extent will the project integrate both the grantees and clients into the community being served? i. Has the applicant set goals to reduce operating costs through energy efficiency when selecting housing providers, treatment centers, and other community facilities? How will the applicant work with partner treatment centers, and housing providers to undertake program activities and capital maintenance planning, to replace worn products or facilities such as light bulbs, water heaters, furnaces, etc., with Energy Star products to reduce operating costs? j. If the applicant selected the permanent housing for persons with disabilities component where more than 16 persons will reside in a structure, what local market conditions necessitate the development of a project of this size and how the housing will be integrated into the neighborhood? k. If the applicant selected the innovative supportive housing component projects, explain how the E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices project represents an approach that is new to the area, is a sensible model for others, and can be replicated in other communities. l. What basic COMMUNITY AMENITIES (e.g., medical facilities, grocery store, recreation facilities, schools, etc.) will be readily ACCESSIBLE (e.g., walking distance, bus, etc.) to the clients? m. What supportive services (not funded through this grant) will the participants receive? Applicants must demonstrate how the comprehensive substance abuse treatment services will be made available for the clients through other public or private sources. Demonstrate for each of the following: (1) How the TYPE (e.g., case management, job training) and SCALE (e.g., the frequency and duration) of the supportive services proposed will fit the needs of the participants. (2) WHERE the supportive services will be provided and what TRANSPORTATION will be available to participants to access those services. (3) The details of the plan to ensure that all homeless clients will be individually assisted to identify, apply for and obtain benefits under which of the following mainstream health and social services programs for which they are eligible: SSI, TANF, Medicaid, Food Stamps, SCHIP, Workforce Investment Act and Veterans Health Care programs. n. How will participants be assisted both to increase their incomes and to maximize their ability to live independently and achieve selfsufficiency? Please describe how services and treatment will be linked to housing so that the target population will be able to achieve his or her own degree of self sufficiency or quality of life. o. How is the proposed program a cost-effective approach to meeting the needs of the target population? In the attached budget, please indicate the housing, housing search assistance and administration (funded through this initiative) and services (not funded through this initiative), with the appropriate partner match. p. How is the proposed program innovative, as defined by the applicant? How is the program different from any other program in the community and is the program replicable? q. How will the project be sustained once the term of the grant has expired? 4. Leveraging Resources (Points 20). Up to 20 points will be awarded based on the applicants’ answers to the following (two pages total): a. What resources are the applicant and its partners bringing to the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 collaboration to achieve the goals and objectives? b. Please describe the expectations regarding federal grant support and maximization of other (non-grant) revenue relative to the proposed plan, including a description of leveraging resources. c. What is the total grant dollars per client/unit and total cost per client/ unit? 5. Achieving Results and Program Evaluation (Points 10). Applicants are required to complete HUD–96010, Program Outcome Logic Model. Up to 10 points will be awarded to the extent that the applicant provides the following: (one page total): a. Goals, output and outcome measures that are clearly specified and measurable; b. Contact information for the lead entity responsible for each measure; c. Reasonable benchmarks to achieve the tasks with an accompanying timeline; d. Reasonable plan for measurement and timely adjustment if the applicant is not meeting the specific outcomes within the established timeframes; e. The extent to which performance feedback and continuous improvement are integral to the design of the proposed project; f. A plan for evaluating the effectiveness of the program. B. Reviews and Selection Process Personnel of the Department of Housing and Urban Development will review Grant applications internally. The Assistant Secretary for Community Planning and Development will select the applications for award. 1. Ranking: The score for all ranking factors will be summed to obtain a total score for each project submitted under this NOFA. 2. Selection and Adjustments to Funding: a. Selection. Projects will be awarded based on national ranking as described above and according to the provisions for diversity described below. The awarding of funds may be conditional upon receipt of further information, as requested. When insufficient funds remain to fund all projects requesting funding that receive the same total score, ties will be broken among such projects by comparing scores received by the projects for each of the following scoring factors, in the order shown: Soundness of Collaborative Approach, Capacity, and Leveraging Resources. Please see section IV.A of the General Section for more information about award administration. PO 00000 Frm 00167 Fmt 4701 Sfmt 4703 14141 b. Adjustments to Funding. In order to ensure maximum geographic diversity in the awards, no individual project applicant and no one unit of general local government will be awarded more than 10 percent of the total amount of available resources under this NOFA. HUD reserves the right to make selections out of rank order to provide for geographic distribution of funds. VI. Award Administration Information A. Award Notices 1. Selected Applicants. Selected applicants will be notified in writing. As necessary, selected applicants will subsequently be requested to submit additional project information, which may include documentation to show the project is financially feasible; documentation of firm commitments for cash match; documentation showing site control; information necessary for the performance of an environmental review, where applicable; and such other documentation as specified in writing to the applicant that confirms or clarifies information provided in the application. Selected applicants will be notified of the deadline for submission of additional information. If a selected applicant is unable to meet any conditions for fund award within the specified timeframe, those funds may be withdrawn and instead used to select the next highest ranked application(s) from the competition for which there are sufficient funds available. 2. Corrections to Deficient Applications. See the General Section. B. Administrative and National Policy Requirements Additional Non-discrimination and Other Requirements. You, the applicant, and your subrecipients must comply with: a. Civil Rights Laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.) and Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.). b. Economic Opportunities for Lowand Very Low-Income Persons (Section 3). Certain programs to be issued during FY2005 require recipients of assistance to comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very LowIncome Persons in Connection with Assisted Projects) and the HUD regulations at 24 CFR part 135, including the reporting requirements at subpart E. Section 3 requires recipients to ensure that, to the greatest extent E:\FR\FM\21MRBK3.000 21MRBK3 14142 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices feasible, training, employment, and other economic opportunities will be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and business concerns that provide economic opportunities to lowand very low-income persons. c. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. See the General Section. d. Executive Order 13166, ‘‘Improving Access to Services for Persons With Limited English Proficiency (LEP).’’ Executive Order 13166 seeks to improve access to federally assisted services, programs and benefits for individuals with limited English proficiency. Applicants obtaining an award from HUD must seek to provide access to program benefits and information to LEP individuals through translation and interpretive services in accordance with LEP Guidance published on December 19, 2003 (68 FR 70968). For assistance and information regarding your LEP obligation, go to https://www.LEP.gov. e. Executive Order 13279, ‘‘Equal Protection of the Laws for Faith-Based and Community Organizations.’’ See the General Section. f. Accessible Technology. See the General Section. g. Procurement of Recovered Materials. See the General Section. h. Participation in HUD-Sponsored Program Evaluation. See the General Section. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 i. Salary Limitation for Consultants. See the General Section. j. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance Programs. See the General Section. k. Conflicts of Interest. See the General Section. l. Relocation. The SHP program is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). If activities under this grant result in displacement or relocation, grantees must comply with URA. See General Section. m. Public Access, Documentation, and Disclosure. See the General Section of the SuperNOFA for more information on this topic. C. Reporting See the General Section for more information. The applicant shall submit semiannual reports and a final report to HUD. For each reporting period, as part of your required report to HUD, you must include a completed Logic Model (Form 96010). HUD will use this information to determine progress of the grantees toward meeting their goals. Grantee performance will be measured by the number of persons who are serial inebriates that moved off the streets and were placed into permanent housing. It is expected that local evaluations will include measuring progress toward accomplishing the tasks described in the grant application and providing for PO 00000 Frm 00168 Fmt 4701 Sfmt 4703 collection of quantitative and qualitative data that permits measurement of progress toward achieving the outputs and outcomes envisioned by the goals and objectives contained in the application. Grantees must collect outcome information on clients served to be compared against benchmarks throughout the term of the grant. VII. Agency Contact You may contact Marianne Nazzaro, Office of Special Needs, Department of Housing and Urban Development, Room 7208, 451 Seventh Street, SW., Washington, DC 20410–7000; telephone (202) 708–1590, extension 2076 (this is not a toll-free number); e-mail Marianne_Nazzaro@hud.gov. This number can be accessed via TTY by calling the toll-free Federal Information Relay Service at 1–800–877–8339. VIII. Other Information Paperwork Reduction Act Statement. The information collection requirements in this NOFA have been submitted to OMB for approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and approval is pending. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00169 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14143 EN21mr05.242</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00170 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.243</GPH> 14144 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00171 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14145 EN21mr05.244</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00172 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.245</GPH> 14146 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14147 EN21mr05.246</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00174 Fmt 4701 Sfmt 4703 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.247</GPH> 14148 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices BILLING CODE 4210–32–C Assisted Living Conversion Program (ALCP) for Eligible Multifamily Housing Projects Overview Information Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing Assistance and Grant Administration. B. Funding Opportunity Title: The Assisted Living Conversion Program for Eligible Multifamily Projects. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The OMB Approval Number is: 2502–0542. The Federal Register number for this NOFA is: FR–4950-N–06. E. Catalog of Federal Domestic Assistance (CFDA) Number: The Assisted Living Conversion Program for Eligible Multifamily Housing Projects is 14.314. F. Dates: Application Deadline Date: The application must be submitted to HUD on June 22, 2005. G. Optional, Additional Overview Content Information: The purpose of this program is to provide grants for the conversion of some or all of the dwelling units in an eligible project into assisted living facilities (ALFs) for frail elderly persons. Private nonprofit owners of eligible developments interested in applying for funding under this grant program should carefully review the General Section and the detailed information listed in this program NOFA. Funding will only be provided for those items related to the conversion. There is no separate Application Kit for this NOFA. The ALCP will fund those applications that may impact Federal problem solving and policymaking and that are relevant to HUD’s policy priorities and annual goals and objectives. (Refer to the General Section for discussion of these priorities and annual goals and objectives). Full Text of Announcement I. Funding Opportunity Description Program Description. Assisted living facilities (ALFs) are designed to accommodate frail elderly persons and people with disabilities who need certain support services (e.g., assistance with eating, bathing, grooming, dressing, and home management activities). ALFs must provide support services such as personal care, transportation, meals, housekeeping, and laundry. Frail elderly person means an individual 62 years of age or older who is unable to perform at least three VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 activities of daily living (ADLs) as defined by the regulations for HUD’s Section 202 Program (Supportive Housing for the Elderly) at 24 CFR 891.205. Assisted living is defined in section 232(b)(6) of the National Housing Act (12 U.S.C. 1715w). The ALCP provides funding for the physical costs of converting some or all of the units of an eligible multifamily development into an ALF, including unit configuration and related common and services space and any necessary remodeling, consistent with HUD or the state’s statute/regulations (whichever is more stringent). Typical funding will cover basic physical conversion of existing project units, as well as related common and services space. There must be sufficient community space to accommodate a central kitchen or dining facility, lounges, recreation, and other multiple-areas available to all residents of the project, or office/staff spaces in the ALF. When food is prepared at an off-site location, the preparation area of the facility must be of sufficient size to allow for the installation of a full kitchen, if necessary. You must provide supportive services for the residents either directly or through a third party. Your application must include a firm commitment for the supportive services to be offered within the ALF as part of the application. You may charge assisted living residents for meals and/ or service fees. Residents may contract with third party agencies directly for nursing, therapy, or other services not offered by the ALF. The Assisted Living Conversion Program is authorized by Section 202(b) of the Housing Act of 1959 (12 U.S.C. 1701q-2) and the Consolidated Appropriations Act, 2005 (Public Law 108–447, approved December 8, 2004. The FY2005 Appropriations Act provides $24,800,000 which reflects a .008 percent across-the-board rescission pursuant to Public Law 108–447) for grants under Section 202b of the Housing Act of 1959 for the conversion of eligible projects to assisted living or related use and for emergency capital repairs. The Department has set-aside $25 million for emergency capital repairs. The eligibility requirements for obtaining funding for emergency capital repairs are described in a separate HUD Notice. Any unused funds from the emergency capital repairs set-aside will be returned to the funds allocated for eligible multifamily assisted projects. PO 00000 Frm 00175 Fmt 4701 Sfmt 4703 14149 II. Award Information A. Available Funds This NOFA makes available approximately $35 million including carryover funds. Approximately $5,000,000 will be provided for the conversion of one unused or underutilized commercial property to an Assisted Living Facility. The remaining $30,000,000 will be fair shared and used for the physical conversion of eligible multifamily assisted housing projects or portions of projects to ALFs. The allocation formula used to fair share the $30,000,000 for the ALCP reflects demographic characteristics of age and incidence of frailty that would be expected for program participants. The FY2005 formula consists of one data element from the 2000 decennial census: The number of non-institutional elderly population aged 75 years or older with a disability. A fair share factor for each state was developed by taking the sum of the persons aged 75 or older with a disability within each state as a percentage of the sum of the same number of persons for the total United States. The resulting percentage for each state was then adjusted to reflect the relative difference in the cost of providing housing among the states. The total of the grant funds available was multiplied by the adjusted fair share percentage for each state, and the resulting funds for each state were totaled for each Hub. The ALCP grant funds fair share allocations, based on the formula above, to the 18 multifamily Hubs are as shown on the following chart: B. FY2005 Allocation FY 2005 ALLOCATION FOR THE ASSISTED LIVING CONVERSION PROGRAM (ALCP) OF ELIGIBLE ASSISTED MULTIFAMILY PROJECTS Hub Boston ............................. Buffalo ............................. New York ........................ Philadelphia .................... Baltimore ......................... Greensboro ..................... Atlanta ............................. Jacksonville .................... Chicago ........................... Columbus ........................ Detroit ............................. Minneapolis ..................... Fort Worth ....................... Kansas City .................... Denver ............................ Los Angeles .................... San Francisco ................. E:\FR\FM\21MRBK3.000 21MRBK3 Grant authority $1,588,725.95 746,836.56 1,606,125.87 3,065,533.23 1,198,041.27 1,241,678.78 2,360,579.84 3,173,145.72 2,017,999.24 1,301,531.19 1,036,426.41 985,420.01 2,756,098.28 1,996,643.65 647,769.64 1,649,145.84 1,720,039.06 14150 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices was approved by HUD’s Construction Manager as Chief Architect, and have completed final closing. Additionally, eligible projects must meet one of the following criteria: a. Section 202 direct loan projects with or without Section 8 rental Hub Grant authority assistance, b. Section 202 capital advance Seattle ............................. 908,259.47 projects receiving rental assistance Total ......................... $30,000,000.00 under their Project Rental Assistance Contract (PRAC), c. Section 515 rural housing projects The ALCP Grant Agreement, when receiving Section 8 rental assistance, fully executed, obligates and contracts d. Other projects receiving Section 8 the HUD funds. This Agreement project-based rental assistance, establishes the legal relationship e. Projects subsidized with Section between HUD and the ALCP award 221(d)(3) below-market interest recipient. The period of performance mortgage, will be based on the scope of work but f. Projects assisted under Section 236 shall not exceed 18 months. of the National Housing Act. III. Eligibility Information g. Unused and underutilized commercial properties owned by a A. Eligible Applicants private nonprofit. Only private nonprofit owners of B. Cost Sharing or Matching eligible multifamily assisted housing developments specified in section No matching required. 683(2) (B), (C), (D), (E), (F), and (G) of C. Other the Housing and Community 1. Eligible conversion activities are: Development Act of 1992 (Pub. L.102– a. Retrofitting to meet Section 504 550, approved October 28, 1992) and accessibility requirements, minimum private nonprofit owners of an unused property standards for accessibility and/ or underutilized commercial property may apply for and become the recipient or building codes and health and safety standards for ALFs in that jurisdiction. of an ALCP grant. Examples are items such as addition Note: If your eligibility status changes of: during the course of the grant term, making (1) Sprinkler systems; you ineligible to receive the grant (e.g., (2) An elevator or upgrades thereto; prepayment of mortgage, sale/TPA of (3) Lighting upgrades; property, opting out of a Section 8 Housing (4) Major physical or mechanical Assistance Payment (HAP) contract, or the systems of projects necessary to meet transfer of the grant to a single asset entity), local code or assisted living HUD retains the right to terminate the grant requirements; and recover funds made available through (5) Upgrading to accessible units for this NOFA. the ALF with moveable cabinetry, 1. Ineligible Applicants. Ineligible accessible appliances, sinks, bathroom applicants are: and kitchen fixtures, closets, hardware a. Owners of developments designed and grab bars, widening of doors, etc.; specifically for people with disabilities. (6) Upgrades to safety and emergency b. Owners of Section 232 alert systems; developments. (7) Addition of hallway railings; and c. Property management companies (8) Medication storage and and agents of property management workstations; companies. b. Retrofitting to add, modify and/or d. Limited dividend partnerships. outfit common space, office or related e. Nonprofit Public Agencies. space for ALF staff including a service f. Owners of unused/underutilized coordinator and file security, and/or a hospitals or other health-related facility central kitchen/dining facility to which are considered to be support the ALF function (e.g., outfit eleemosynary institutions rather than lounge/common space/dining furniture, commercial enterprises. kitchen equipment for cooking/serving 2. Eligible Developments. Eligible and dishware). projects must be owned by a private, c. Retrofitting to upgrade a regular nonprofit entity and designated unit to an accessible unit for a person/ primarily for occupancy by elderly family with disabilities who is being persons. Projects must have been in displaced from an accessible unit in the occupancy for at least five years from portion of the project that is being the date the form HUD–92485, converted to the ALF, where another Permission to Occupy Project Mortgage, accessible unit is not available. FY 2005 ALLOCATION FOR THE ASSISTED LIVING CONVERSION PROGRAM (ALCP) OF ELIGIBLE ASSISTED MULTIFAMILY PROJECTS— Continued VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00176 Fmt 4701 Sfmt 4703 d. Temporary relocation (not applicable to commercial property). e. Consultant, architectural, and legal fees. f. Vacancy payments not more than 30 days after conversion to an ALF. g. Any excess Residual Receipts (over $500/unit) and Reserve for Replacement funds (over $1000/unit) in Project Accounts that are not approved for another use at the time of application to HUD under this NOFA are considered available funds and must be applied toward the cost of conversion activities. Before making this determination, however, HUD staff will consider the extent of repair/replacement needs indicated in the most recent Real Estate Assessment Center (REAC) physical inspection and not yet approved and any ongoing commitments such as nongrant-based service coordinator or other funding, where existing, deduct the estimated costs of such items from the reserve for replacement and residual receipts balances to determine the extent of available residual receipts and reserve for replacement funds for the ALCP. (This paragraph is not applicable to commercial properties.) 2. Threshold Requirements. In addition to the threshold criteria outlined in the General Section, applicants must meet the following requirements to receive funding for this program. a. Be an eligible applicant. HUD will only award funding to eligible applicants. b. You cannot request more funds than allocated for your jurisdiction. (See the allocation chart above in Section II.B.) c. You must provide commitment and funding support letters from the appropriate funding organizations and the appropriate licensing agency(ies). HUD will reject your application if the commitment and support letter(s) from the appropriate funding organizations and the appropriate licensing agency(ies): (1) Are not submitted by the application submission date as part of your application for financial assistance; (2) Indicate that the ALF units, facilities, meals and supportive services to be provided are not designed to meet the special needs of the residents who will reside in the ALF as defined in this NOFA. (3) Do not show commitment for funding the meals and supportive services proposed; or (4) Indicate that the project as proposed will not meet the licensing requirements of the appropriate state/ local agency(ies). E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices d. You must comply with all applicable statutory requirements to the project specified in Section 202(b) and statutory requirements under Section 232(b)(6). e. Minimum Size Limits for an ALF. An ALF must be economically feasible. Consistent with HUD Handbook 4600.1, CHG–1, the minimum size for an ALF is five units. f. You must submit an original and four copies of your completed ALCP application, if you requested and received a waiver of the electronic submission requirement. 3. Program Requirements. a. Have a residual receipts account separate from the Reserve for Replacement account, or agree to establish this account as a condition for getting an award(s). b. You must be in compliance with your Loan Agreement, Capital Advance Agreement, Regulatory Agreement, Housing Assistance Payment contract, Project Rental Assistance Contract, Rent Supplement or LMSA contract, or any other HUD grant or contract document. (Not applicable to applicants of unused and underutilized commercial property.) c. You must file a form HUD–2530 for all construction contractors, architects, consultants, and service provider organizations under direct contract with you that will be engaged under this NOFA. d. Your project must meet HUD’s Uniform Physical Conditions Standards at 24 CFR part 5, subpart G. Meeting these standards as described, means that the project, based on the most recent REAC physical inspection report and responses thereto, must have a ‘‘satisfactory’’ rating as evidenced by a score of 60 or better or a HUD-approved and on schedule repair plan for developments scoring less than 60. Additionally, the project must have no uncorrected and outstanding Exigent Health and Safety violations. Finally, the project must not have on file a management review with a rating of ‘‘minimally satisfactory’’ or ‘‘unsatisfactory’’ with open and unresolved findings. (Not applicable to applicants of unused or underutilized commercial property) e. You must submit an agreement to pursue appropriate ALF licensing in a timely manner. f. Meals and Supportive Services. You must develop and submit a Supportive Services Plan (SSP) for the services and coordination of the supportive services, which will be offered in the ALF to the appropriate state or local organization(s), which are expected to fund those supportive services. (See below in Section IV.B.8.for information, VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 which must be in the SSP.) You must submit one copy of your SSP to each appropriate state or local service funding organizations well in advance of the application deadline, for appropriate review. The state or local funding organization(s) must return the SSP to you with appropriate comments and an indication of the funding commitment, which you will then include with the application you submit to HUD. g. Licensing Requirements. You must ALSO submit the SSP to the appropriate organization(s), which license ALFs in your jurisdiction. The licensing agency(ies) must approve your plan, and must also certify that the ALF and the proposed supportive services identified in your SSP, are consistent with local statute and regulations and well designed to serve the needs of the frail elderly and people with disabilities who will reside in the ALF portion of your project. h. Your ALF facility must be licensed and regulated by the state (or if there is no state law providing such licensing and regulation, by the municipality or other subdivision in which the facility is located). Each assisted living unit must include its own kitchen, bathroom, bedroom, living/dining area (1 bedroom unit) or kitchen, bathroom, bedroom/ living/dining area (efficiency unit) and must meet the state and/or local licensing, building, zoning, and other requirements for an ALF. i. Your ALF must be available to qualified elderly persons and persons with disabilities, consistent with the rules and payment plans of the state, who need and want the supportive services in order to remain independent and avoid premature institutionalization. j. Your ALF’s residents must be tenants or residents of the multifamily project and must comply with the requirements applicable to the project. Thus, you cannot charge additional rent over what is charged to residents in the non-ALF portion of the project. All admissions to the ALF must be through the applicable project admissions office. However, persons accepted into the ALF also must sign an ALF admissions agreement, which shall be an addendum to the applicable project lease. (Not applicable to applicants of unused or underutilized commercial property.) k. At a minimum, your ALF must provide room, board, and continuous protective oversight (CPO). CPO involves a range of activities and services that may include such things as awareness by management and staff of the occupant’s condition and location as well as an ability to intervene in a crisis PO 00000 Frm 00177 Fmt 4701 Sfmt 4703 14151 for dependent and relatively independent occupants on a 24-hour basis. The two occupant groups in an ALF are: (1) Independent Occupants. Awareness by management and staff of the occupant’s condition and whereabouts as well as the availability of assistance for the occupants as needed. (2) Dependent occupants. Supervision of nutrition, assistance with medication and continuous responsibility for the occupants’ welfare. l. Anyone moving into an ALF unit must agree to accept as a condition of occupancy the board and services required for the purpose of complying with state and local law and regulation. m. Your ALF must provide three meals per day to each resident. (1) Residents whose apartments have kitchens must take at least the number of meals a day provided by the facility, per their mandatory meals requirement, or as required by state or local rules, if more stringent. If the facility does not have a mandatory meals plan, then state and local rules govern. (2) Residents in projects which were originally constructed without kitchens in their units must take such meals as required by their mandatory meals agreement, or by the state’s mandated requirements if more stringent (e.g., two meals, two snacks daily). In either case, ALF management must coordinate meal requirements with the needs of residents who are out part of the day (e.g., in day care). The meal program may not be operated at a profit by the project owner. n. Priority admissions for ALF units are as follows: (Not applicable to applicants of unused or underutilized commercial structures.) (1) Current residents desiring an ALF unit and meeting the program requirements (no resident can be required to accept an ALF unit). (2) Qualified individuals or families needing ALF services who are already on the project’s waiting list; (3) Qualified individuals or families in the community needing ALF services wanting to be added to the project’s waiting list. (4) Qualified disabled non-elderly persons needing assisted living services are eligible to occupy these units on the same basis as elderly persons, except for section 202 project rental assistance contracts (PRAC) projects and unused/ underutilized commercial properties. o. The management of the project must set up a separate waiting list for ALF units. ALF units must be for E:\FR\FM\21MRBK3.000 21MRBK3 14152 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices eligible residents who meet the admissions/discharge requirements as established for assisted living by state and local licensing, or HUD frailty requirements under 24 CFR 891.205 if more stringent. p. Upon receipt of a grant under this program, all project owners participating in the ALCP must provide a Declaration of Restrictive Covenants (DRC), which will be recorded with the land, to retain the low income character of the housing, and to maintain the project (including the ALF), as a moderate-, low-, or very low-income facility (as appropriate) for at least 20 years beyond the current 40-to 50-year term of the mortgage loan or capital advance. Recipients of grant funds to convert unused or underutilized commercial property must provide a DRC for at least 20 years or for the term of the mortgage on the property whichever is longer. q. The ALCP requires service coordination for linking the ALF to available services in the community for low-income persons. All projects funded under this NOFA must have sufficient service coordination in place, or request additional funds, if appropriate, to ensure that services meeting licensing requirements are available to ALF residents on an ongoing basis. Service coordination must be described in the application (see Section IV.B.8.b. and c. of this NOFA). If you need to enhance an existing service coordination program or add one where it does not exist, you may apply for funding through the Service Coordinator NOFA, published elsewhere in the SuperNOFA, and attach a copy of the form SF–424 indicating the request to the ALCP application. Alternatively, you may show evidence that funding for the enhanced service coordination is provided by other sources and indicate such funding on the form SF–424 which is exhibit 10(a) of your ALF application. If you are funded under this NOFA and requested new or enhanced service coordination you will be funded first under the service coordinator NOFA. (1) The ALF must be staffed either directly or through coordination with local agencies, depending on state regulations or local requirements. These may also serve non-ALF residents of the project on a time available and appropriate fee basis. (2) If you are a Section 202 PRAC project owner or an owner with unused or underutilized commercial properties, you are NOT eligible to request funding under the service coordinator NOFA. Section 202 PRAC owners can pay for VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 the service coordinator out of PRAC funds. (3) The ALF may cater to the special needs of residents depending on their condition or diagnosis, such as Alzheimer’s disease. If it does so, the design/environment of such facilities must accommodate those needs, e.g., dementia special care unit. However, the ALF cannot provide a service it is not licensed by the state or locality to provide. (4) Owners of Section 202/PRAC projects are reminded that they may include a PRAC payment of up to $15/ unit/month not to exceed 15 percent of the total program cost, consistent with 24 CFR 891.225(b)(2) to cover part of the cost of meals and/or supportive services for frail elderly residents, including residents of the ALF. (5) Training for ALF staff is an eligible project cost under existing operating procedures. For further information on ALFs, please refer to Handbook 4600.1, CHG– 1, ‘‘Mortgage Insurance for Residential Care Facilities,’’ Chapter 13. This Handbook and recent ALF program Notices are accessible through HUDCLIPS on HUD’s Web site. The URL for the HUDCLIPS Database Selection Screen is https:// www.hudclips.org/cgi/index.cgi. These notices are in the Handbooks and Notices—Housing Notices database. Enter only the number without the letter prefix (e.g., 99–16) in the ‘‘Document number’’ to retrieve the program notice. For further guidance on service coordinators, please refer to Handbook 4381.5 REV–2, CHANGE–2, Chapter 8, ‘‘The Management Agent’s Handbook,’’ which is also available through the HUDCLIPS database. r. Your ALF’s operation must be part of the project owner’s management organization. Some or all of its functions may be contracted out. The ALF must predicate its budget on a two-tiered structure under which board and supportive service income and expenses must be maintained separately and independently from the regular income and expenses of the applicable project. The two components of ALF costs are: (1) Charges/payment for board, which may be on a sliding scale or any other equitable fee system; and (2) Charges/payment for necessary supportive services, which may include a combination of resident fees, Medicaid and/or other third party payments. s. Prohibition Against Lobbying Activities. The Byrd Amendment prohibits ALCP recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying activities. (Refer to Section III.C. of the PO 00000 Frm 00178 Fmt 4701 Sfmt 4703 General Section for further instructions regarding this requirement.) 4. Additional Non-discrimination and Other Requirements. Comply with the requirements of the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act, the Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing regulations at 24 CFR part 135, the affirmative fair housing marketing requirements of 24 CFR part 200, subpart M, and the implementing regulations at 24 CFR part 108, which requires that the project be marketed to those least likely to apply, including those who are not generally served by the agency administering the program, and other applicable federal, state, and local laws prohibiting discrimination and promoting equal opportunity, including affirmatively furthering fair housing, and other certifications listed in the application. (Refer to Section III.C.4.of the General Section for additional requirements and information.) a. Comply with section 232 of the National Housing Act, as applicable; the Uniform Federal Accessibility Standards (24 CFR 40.7); section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 CFR part 8; and the Americans with Disabilities Act of 1990 for all portions of the development physically affected by this proposal. b. Comply with the Davis-Bacon requirements and the Contract Work Hours and Safety Standards Act as applied to this program. While it has been determined that Davis-Bacon does not apply statutorily to the ALCP, the Department has administratively determined that Davis-Bacon standards and overtime rates in accordance with the Contract Work Hours and Safety Standards Act will be adhered to in any ALCP conversion grant in which the total cost of the physical conversion to an ALF (and including any additional renovation work undertaken at the same time) is $500,000 or more (this includes ALCP grant funds, owner funds, or any third party funds loaned or granted in support of the conversion or other renovation for the project associated with this grant), AND in which the ALF portion of the project is 12 units or more. c. Ensuring the Participation of Small Business, Small Disadvantaged Businesses, and Woman-Owned Businesses. HUD is committed to ensuring that small businesses, small disadvantage businesses, and womanowned businesses participate fully in HUD’s direct contracting and in E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices contracting opportunities generated by HUD’s financial assistance. (Refer to the General Section for further instructions regarding this requirement.) d. Executive Order 13166, Improving Access to Persons with Limited English Proficiency (LEP). ALCP applicants must seek to improve access to persons with limited English proficiency by providing materials and information in languages other than English. e. Executive Order 13279, Equal Protection of the Laws for Faith-Based and Community Organizations. HUD has undertaken a review of all policies and regulations that have implications for faith-based and community organizations, and has established a policy priority to provide full and equal access to grassroots faith-based and other community-based organizations. (Refer to Section III.C. of the General Section for specific instructions regarding this requirement.) f. Accessible Technology. The Rehabilitation Act Amendments of 1998 apply to all electronic information technology (EIT) used by an ALCP recipient for transmitting, receiving, using, or storing information to carry out the responsibilities of the ALCP awards. (Refer to Section III.C. of the General Section for specific instructions regarding this requirement.) g. Participation in HUD-Sponsored Program Evaluation. As a condition of the receipt of ALCP funds, successful applicants are required to cooperate with all HUD staff or contractors performing HUD-funded research and evaluation studies. h. Comply with Executive Order 13202, Preservation of Open Competition and Government Neutrality toward Government Contractors’ Labor Relations on Federal and Federally Funded Construction Projects. (Refer to the General Section for additional information on this requirement). i. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance. ALCP applicants are subject to the Administrative Requirements of OMB Circular A–133, Audits of States, Local Governments and Non-Profit Organizations; OMB Circular A–122, Cost Principles for NonProfit Institutions; the administrative requirements of 24 CFR part 84; and the procurement requirements of 24 CFR 84.44. (Refer to the General Section for additional information on this requirement). j. Environmental Requirements. Your ALCP application is subject to the National Environmental Policy Act of 1969 and applicable related federal environmental authorities. (See 24 CFR part 50, as applicable.) An VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 environmental review will be completed by HUD before awarding any grant under this program. ALCP projects are ’critical actions’ for purposes of 24 CFR part 55 and must comply with requirements applicable to ’critical actions.’ Including floodplain management review requirements, if proposed to be carried out in the 500year floodplain. k. Make applications and other materials available in languages other than English that are common in the community, if speakers of these languages are found in significant numbers and come into frequent contact with the program. For further guidance on serving persons with Limited English Proficiency (LEP) in HUD assisted programs, see the recently published HUD LEP guidance, ’Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,’’ 68 FR 70968 (December 19, 2003) or Section III of the General Section. IV. Application and Submission Information A. Addresses to Request Application Package All information for requesting an application is included in this NOFA and Section IV. A. of the General Section. The application for the ALCP is available on the Internet from the grants.gov Web site at https:// www.grants.gov/FIND. If you have difficulty accessing the information, you can receive customer support from Grants.gov by calling the help line at (800) 518–Grants or by sending an e mail to support@grants.gov. If you do not have access, you may obtain an ALCP application by calling the NOFA Information Center at (voice) 800-HUD– 8929 (800–483–8929). Persons with a hearing or speech impairment may call the Center’s TTY number at 800–HUD– 2209. Please be sure to provide your name, address (including zip code), and telephone number (including area code). 1. Application Kits. There is no application kit for the ALCP. All the information you need to apply for this program is available in this NOFA and available on https://www.grants.gov/ Apply. (Refer to Section IV. A. of the General Section for further information.) 2. For Technical Assistance. Before the ALCP application due date, HUD staff will be available to provide you with general guidance and technical assistance. However, HUD staff is not permitted to assist in preparing your application. For technical support for PO 00000 Frm 00179 Fmt 4701 Sfmt 4703 14153 downloading the ALCP application or submitting the application, call the toll free Grants.gov Customer Support line at 1–800–518–Grants or send an email message to support@grants.gov. B. Content and Form of Application Submission There are ten required exhibits under the ALCP, including prescribed forms and certifications. In cases where your articles of incorporation and by-laws have NOT changed since the project was originally approved by HUD, your signature on the SF–424 signifies that you are self-certifying to that effect— that the documents on file with HUD are current—is sufficient. Exhibits for which self-certification of currency is possible are denoted below by double asterisks (**.) In addition to the relief of paperwork burden, you will not have to submit certain new/recent information and exhibits you have previously prepared. See individual item descriptions, below to identify such items. An example of such an item may be the FY2003 Annual Financial Statement. Your application must include all of the information, materials, forms, and exhibits listed below (Please see the General Section for instructions on how to submit third party and other documents such as Articles of Incorporation; by-laws; copies of original plans; evidence of financial commitment; letter(s) from zoning officials; etc. ): 1. Application Summary for the Assisted Living Conversion Program, Form HUD–92045, and evidence that you are a private nonprofit organization or nonprofit consumer cooperative and have the legal ability to operate an ALF program, per the following: a. Articles of Incorporation, constitution, or other organizational documents, or self-certification of these documents if there has been no change in the Articles since they were originally filed with HUD** and b. By-laws, or self-certification of bylaws, if there has been no change in the by-laws since they were originally filed with HUD** 2. A description of your community support: a. A description of your links to the community at large and to the minority and elderly communities in particular; and b. A description of your efforts to involve elderly persons, including minority elderly persons and persons with disabilities in: (1) The development of the application; E:\FR\FM\21MRBK3.000 21MRBK3 14154 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (2) The development of the ALF operating philosophy; (3) Review of the application prior to submission to HUD; and (4) Your intent whether or not to involve eligible ALF residents in the operation of the project. c. A description of your involvement in your community’s Consolidated Planning and Analysis of Impediments to Fair Housing (AI) processes including: (1) An identification of the lead/ facilitating agency(ies) that organizes and/or administers the process; (2) A listing of the Consolidated Plan/ AI issue areas in which you participate; and (3) The level of your participation in the process, including active involvement with any neighborhoodbased organizations, associations, or any committees that support programs and activities that enhance projects or the lives of residents of the projects, such as the one proposed in your application. If you are not currently active, describe the specific steps you will take to become active in the Consolidated Planning and AI processes. (Consult the local HUD office for the identification of the Consolidated Plan community process for the appropriate area.) d. A description of how the assisted living facility will implement practical solutions that will result in assisting residents in achieving independent living and improved living environment. The description should include a discussion of performance goals with performance indicators (refer to Section V.B. of the General Section for further detail). e. A description of how you have supported state and local efforts to streamline processes and procedures in the removal of regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority you must complete the Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers and provide the required documentation. See Rating Factor 3 in Section V.A.3 of this NOFA for more details 3. Evidence of your project being occupied for at least five years prior to the date of application to HUD. (Not applicable to applicants of unused or underutilized commercial property.) 4. A market analysis of the need for the proposed ALF units, including information from both the project and the housing market, containing: a. Evidence of need for the ALF by current project residents: (Not applicable to applicants of unused or underutilized commercial property.) VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (1) A description of the demographic characteristics of the elderly residents currently living in the project, including the current number of residents, distribution of residents by age, race, and sex, an estimate of the number of residents with frailties/limitations in activities of daily living, and an estimate of the number of residents in need of assisted living services. (Not applicable to applicants of unused or underutilized commercial property.) (2) A description of the services currently available to the residents and/ or provided on or off-site and what services are lacking; (Not applicable to applicants of unused or underutilized commercial property.) b. Evidence of the need for ALF units by very low-income elderly and disabled households in the market area; a description of the trend in elderly and disabled population and household change; data on the demographic characteristics of the very low-income elderly in need of assisted living services (age, race, sex, household size, and tenure) and extent of residents with frailty/limitations in existing federally assisted housing for the elderly (HUD and Rural Housing Service); and an estimate of the very low-income elderly and disabled in need of assisted living taking into consideration any available state or local data. c. A description of the extent, types, and availability and cost of alternate care and services locally, such as home health care; adult day care; housekeeping services; meals programs; visiting nurses; on-call transportation services; health care; and providers of supportive services who address the needs of the local low income population. d. A description of how information in the community’s Analysis of Impediments to Fair Housing Choice was used in documenting the need for the ALF (covering items in c. above. 5. A description of the physical construction aspects of the ALF conversion, including the following: a. How you propose to carry out the physical conversion (including a timetable and relocation planning). Completion of Exhibit 10(i.) Logic Model will assist in completing your response to this Exhibit. b. A short narrative stating the number of units, special design features, community and office space/storage, dining and kitchen facility and staff space, and the physical relationship to the rest of the project. Also, you must describe how this design will facilitate the delivery of services in an economical fashion in the most integrated setting appropriate to the PO 00000 Frm 00180 Fmt 4701 Sfmt 4703 needs of the participating residents with disabilities and accommodate the changing needs of the residents over at least the next 10 years. c. A description on how the project will promote energy efficiency, including any plans to incorporate energy efficiency features in the design and operation of the ALF through the use of Energy Star labeled products and appliances. Applicants that meet this policy priority will receive two points under Rating Factor 3 in Section V.A.3 of this NOFA. Refer to the General Section for further information on this requirement or for further information about Energy Star see https:// www.energystar.gov. d. A copy of the original plans for all units and other areas of the development, which will be included in the conversion. (If you are applying to convert an unused or underutilized commercial facility to assisted living, provide a copy of the original plans of the facility as well as a copy of the plans of the facility as most recently operated, if different). e. A description of the conversion must clearly address how the units will conform to the accessibility requirements described in the Uniform Federal Accessibility Standards (UFAS). (For example, all door openings must have a minimum clear opening of 32 inches; and, all bathrooms and kitchens must be accessible to and functional for persons in wheelchairs.) f. Architectural sketches of the conversion to a scale of 1⁄4 inch to one foot that indicate the following: (1) All doors being widened; (2) Typical kitchen and bathroom reconfiguration: show all wheelchair clearances, wall reinforcing, grab bars, and elevations of counters and work surfaces; (3) Bedroom/living/dining area modification, if needed; (4) Any reconfigured common space; (5) Added/reconfigured office and storage space; (6) Monitoring stations, and (7) The kitchen and dining facility. All architectural modifications must meet section 504 and ADA requirements as appropriate. g. A budget showing estimated costs for materials, supplies, fixtures, and labor for each of the items listed in Section IV.B.5.f, items (1) through (7), above. h. Include firm financial commitment letters with specific dollar amounts from appropriate organization(s) for conversion needs (within the scope of the ALF conversion NOFA) which will be supported by non-HUD funding. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices i. A description of any relocation of current tenants including a statement that: (Not applicable to applicants of unused or underutilized commercial property.) (1) Indicates the estimated cost of temporary relocation payments and other related services; (2) Identifies the staff organization that will carry out the relocation activities; and (3) Identifies all tenants that will have to be temporarily moved to another unit within the development OR from the development during the period that the physical conversion of the project is under way. Note: If any of the relocation costs will be funded from sources other than the alcp grant, you must provide evidence of a firm financial commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of conversion, temporary relocation, service coordinator, and other project costs). 6. A description of any retrofit or renovation that will be done at the project (with third party funds) that is separate and distinct from the ALF conversion. With such description, include as part of your application submission firm commitment letters from third party organizations in specific dollar amounts that will cover the cost of any work outside the scope of this NOFA. 7. A letter from the local zoning official indicating evidence of permissive zoning. Also, showing that the modifications to include the ALF into the project as proposed are permissible under applicable zoning ordinances or regulations. 8. A supportive services plan (SSP), a copy of which must be submitted to the appropriate state and/or local agency as instructed in Section III.C.3.f. above in this NOFA. For those applicants needing to contact state Medicaid offices, a list is provided on the Internet at https://www.cms.hhs.gov/medicaid. The SSP must include: a. A description of the supportive services needed for the frail elderly the ALF is expected to serve. This must include at least (1) meals and such other supportive services required locally or by the state, and (2) such optional services or care to be offered on an ‘‘as needed’’ basis. Examples of both mandatory and optional services (which will vary from state to state) are: two meals and two snacks or three meals daily; 24-hour protective oversight; personal care; housekeeping services; personal counseling, and transportation. b. A description of how you will provide the supportive services to those VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 who are frail and have disabilities (i.e., on or off-site or combination of on or off-site), including an explanation of how the service coordination role will facilitate the adequate provision of such services to ALF residents, and how the services will meet the identified needs of the residents. Also indicate how you intend to fund the service coordinator role. c. A description of how the operation of your ALF will work. Address: (1) General operating procedures; (2) ALF philosophy and how it will promote the autonomy and independence of the frail elderly and persons with disabilities; (3) what will the service coordination function do and the extent to which this function already exists, or will be augmented or new; (4) ALF staff training plans; and (5) the degree to which and how the ALF will relate to the day-today operations of the rest of the project. d. The monthly individual rate for board and supportive services for the ALF listing the total fee and components of the total fee for the items required by state or local licensing, and list the appropriate rate for any optional services you plan to offer to the ALF residents. Provide an estimate of the total annual costs of the required board and supportive services you expect to provide and an estimate of the amount of optional services you expect to provide. e. List who will pay for the board and supportive services and the amount. For example, include such items as: (1) Meals by sponsors—$20. (2) Housekeeping services by the City government—$30. (3) Personal care by State Department of Health—$60. (4) Service paid for by state program— $40. (5) Fees paid by tenants—$83. The amounts and commitments from both tenants and/or providers must equal the estimated amounts necessary to cover the monthly rates for the number of people expected to be served. If you include tenant fees in the proposal, list and show any proposed scaling mechanism. All amounts committed/collected must equal the annualized cost of the monthly rates calculated by the expected percentage of units filled. f. A support/commitment letter from EACH listed proposed funding source per paragraph e. above, for the planned meals and supportive services listed in the application. The letter must cover the total planned annual commitment (and multiyear amount total, if different), length of time for the commitment, and the amounts payable for each service covered by the PO 00000 Frm 00181 Fmt 4701 Sfmt 4703 14155 provider/paying organization. There must be a letter from EACH participating organization listed in paragraph e, above. g. A support letter from EACH governmental agency that provides licensing for ALFs in that jurisdiction. h. A description of your relevant experience in arranging for and/or delivering supportive services to frail residents. (If you are applying to convert an unused or underutilized commercial facility to assisted living, provide information on your relevant experience in arranging for and/or delivering supportive services to frail elderly persons). The description should include any supportive services facilities owned/operated; your past or current involvement in any projectbased programs that demonstrates your management capabilities. The description should include data on the facilities and specific meals and/or supportive services provided on a regular basis, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the services. Note: If a funds request for service coordination for the ALF and/or the whole project is included as part of this application, the Form SF–424, indicating the dollars requested must be attached as Exhibit 10(a). Do NOT attach the whole service coordinator application. 9. A description of your project’s resources: (Items (9)(a)–(b) are not applicable to applicants of unused or underutilized commercial property.) a. A copy of the most recent project Reserve and Replacement account statement, and a Reserve for Replacement analysis showing plans for its use over the next five years, and any approvals received from the HUD field office to date. b. A copy of the most recent Residual Receipts Account statement. Indicate any approvals for the use of such receipts from the field office for over $500/unit. c. Annual Financial Statement (AFS). If your FY2005 AFS was due to REAC more than 120 days BEFORE the due date for this application, in the interest of reducing work burden, only include the date that it was sent to REAC. If the AFS was due to REAC 120 days or less from the due date of this application, you MUST include a paper copy of your AFS. For commercial properties, submit the most recent financial statement or annual report. E:\FR\FM\21MRBK3.000 21MRBK3 14156 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 10. Forms and Certifications. The following exhibits, forms, certifications, and assurances are required: a. Form SF–424, Application for Federal Assistance*, and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the state agency (Single Point of Contact) for state review in accordance with Executive Order 12372 (refer to the General Section for instructions in submitting this form). b. SF–424 Supplement, Survey for Ensuring Equal Opportunity for Applicants*. c. Form HUD–424–CB, Grant Applications Detailed Budget*. d. Form HUD–424–CBW, Grant Application Detailed Budget worksheet*. e. Form HUD–2880, Applicant/ Recipient Disclosure/Update Report*, including Social Security and Employment Identification numbers. A disclosure of assistance from other government sources received in connection with the project. f. Form HUD–2991, Certification of Consistency with the Consolidated Plan* for the jurisdiction in which the proposed ALF will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state, or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the plan to HUD. The certifications must be submitted by the application submission deadline date set forth herein. The Plan regulations are published in 24 CFR part 91. g. Form HUD–2530, Previous Participation Certification. This form will provide HUD with a report of all your previous participation in HUD multifamily projects. This is in addition to the ‘‘Name Check Review’’ process. Refer to the General Section for information on this requirement under ‘‘Name Check Review’’. h. Standard Form–LLL, Disclosure of Lobbying Activities*. i. Form HUD–96010, Program Outcome Logic Model*. j. Form HUD–27300, Removal of Regulatory Barriers* (and supporting documentation). k. Certification of Consistency with RC/EZ/EC–II Strategic Plan (HUD– 2990), if applicable. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 l. Form HUD–96011, Facsimile Transmittal Cover Page. This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). *Copies of these forms may be found in the General Section. The electronic version of the NOFA contains all forms required for submitting the ALCP application. The form SF–424–B, Assurances and Certifications, is no longer required as a separate submission. Refer to the General Section for further information on this requirement. C. Submission Date and Time 1. Application Submission Date. Beginning this year, and unless you received a waiver to the electronic application submission requirements, your completed ALCP application must be submitted through the https:// www.grants.gov/Apply and must be received by Grants.gov no later than 11:59:59 Eastern Time on the application submission date. (Refer to Section IV.F. of the General Section for further instructions on the delivery and receipt of applications. D. Intergovernmental Review 1. Executive Order 12372. ALCP applicants are subject to the Executive Order 12372 process. Standard Form 424, Application for Federal Assistance, includes compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the state agency (Single Point of Contact) for state review. (Also, refer to Section IV.D. of the General Section for instructions on the intergovernmental review process.) 2. You must submit a Supportive Services Plan (SSP) for the services and coordination of the supportive services that will be offered in the assisted living facility (ALF) to the appropriate state or local organization(s), which are expected to fund those supportive services. You must submit one copy of your SSP to each appropriate state or local service funding organizations well in advance of the application deadline, for appropriate review. The state or local funding organization(s) must return the SSP to you with appropriate comments and an indication of the funding commitment, which you will then include with the application you submit to HUD. You must ALSO submit the SSP to the appropriate organization(s) that license ALFs in your jurisdiction. The licensing agency(ies) must approve your plan, and PO 00000 Frm 00182 Fmt 4701 Sfmt 4703 must also certify that the ALF and the proposed supportive services identified in your SSP, are consistent with local statute and regulations and well designed to serve the needs of the frail elderly and people with disabilities who will reside in the ALF portion of your project. E. Funding Restrictions 1. Costs of meals and supportive services are NOT covered by this HUD grant. These items must be paid for through other sources (e.g., a mix of resident fees and/or third party providers). Evidence of third party commitment(s) must be included as part of the application. The assisted living supportive services program must promote independence and provide personal care assistance based on individual needs in a home-like environment. In accordance with Section 504 of the Rehabilitation Act of 1973 and HUD’s regulations at 24 CFR 8.4(d), the project must deliver services in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 2. This program does NOT allow permanent displacement of any resident living in the project at the time the application was submitted to HUD. (HUD will only provide temporary relocation costs for current tenants if they must vacate their unit while conversion work is underway (normal temporary relocation costs include increases in rent, reconnection of telephones, moving costs, and appropriate out-of-pocket expenses). (Not applicable to applicants of commercial property.) 3. Ineligible Activities. You may not use funds available through this NOFA to: a. Add additional dwelling units to the existing project (not applicable to applicants of commercial property); b. Pay the costs of any of the necessary direct supportive services needed to operate the ALF; c. Purchase or lease additional land; d. Rehabilitate (see definition at 24 CFR 891.105) the project for needs unrelated directly to the conversion of units and common space for assisted living. e. Use the ALCP to reduce the number of accessible units in the project that are not part of the ALF (not applicable to applicants of commercial property); f. Permanently displace any resident out of the project (permanent relocation is prohibited under this program) g. Increase the management fee. h. Cover the cost of activities not directly related to the conversion of the units and common space. (i.e., if an E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices applicant is applying to convert 24 units on 2 floors of a 5-story elderly housing development and the inspection by the Fire Marshal reveals that sprinklers must be installed in the entire building, ALCP funds will be used only to install sprinklers for the 24 units on the 2 floors requested in the application. The cost to install sprinklers in the remaining units must be paid for out of other resources. i. Transfer the ALCP grant to any other entity. If you are awarded an ALCP grant, you are expected to be the recipient of the grant and to carry out the conversion activities. The Department will not approve the transfer of the ALCP grant to any other entity. F. Other Submission Requirements Application Submission and Receipt Procedures. HUD has implemented new procedures that impact application submission procedures. Refer to Section IV.F. of the General Section for specific procedures for the mailing of applications. 1. Electronic Delivery. Beginning in fiscal year 2005, ALCP applicants must submit their applications electronically through https://www.grants.gov/Apply, unless a waiver is granted. a. The https://www.grants.gov/Apply offer a simple, unified application process. There are six ‘‘Get Started’’ steps to complete at the https:// www.grants.gov Web site. ALCP applicants should read the Get Started steps carefully. Also, the site contains registration checklists to help you through the process. Refer to Section IV. F of the General Section for further details on this requirement. b. DUNS requirement. All ALCP applicants must have a DUN and Bradstreet Universal Data Numbering Systems (DUNS) number. The DUNS number must be included in the data entry field labeled ‘‘organizational DUNS’’ on the form SF–424. Instructions for obtaining a DUNS number can be found at either https:// www.hud.gov/offices/adm/grants/ duns.cfm or https://www.Grants.gov/ GetStarted. c. Central Contractor Registry and Credential Provider Registration. In addition to having a DUNS number, ALCP applicants applying electronically through Grants.gov must register with the Federal Central Contractor Registry and with a Credential Provider. Refer to the General Section on how to meet this requirement. d. Electronic signature. ALCP applications submitted through grants.gov constitute submission as an electronically signed application. Refer VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 to the General Section for further details on this requirement. 2. Instructions on how to submit an electronic application to HUD via grants.gov/Apply: Grants.gov has a full set of instructions on how to apply for funds on its Web site at https:// www.grants.gov/CompleteApplication. Refer to the General Section on how to meet this requirement. 3. Waiver of Electronic Submission Requirement. HUD will only accept electronic applications submitted through https://www.grants.gov unless the ALCP applicant has received a waiver. Refer to the General Section for further instructions on this requirement. 4. Proof of Timely Submission. ALCP applicants must submit their applications to https://www.grants.gov in time for receipt at Grants.gov by 11:59:59 p.m. eastern time on the application submission date of June 22, 2005. (Refer to the General Section for specific procedures regarding proof of timely submission of applications.) V. Application Review Information A. Criteria HUD will rate ALCP applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements identified in Section IV.B. above. The maximum number of points an application may receive under this program is 102. This includes two RC/ EZ/EC–II bonus points, as described in the General Section and Section V.A.6. below. HUD wants to make its programs more effective, efficient, and accessible by expanding opportunities for grassroots organizations to participate in developing solutions for their own neighborhood. The Department encourages applicants to partner, fund, or sub-contract with grassroots organizations, including faith-based and other community-based organizations in conducting their work programs. (Refer to the policy priorities contained in the General Section for the definition of ‘‘grassroots organizations’’). 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (20 Points). This factor addresses your capacity to carry out the conversion in a timely, cost-conscious and effective manner. It also addresses your experience at providing the proposed supportive services you intend to make available at the ALF for elderly residents, especially in such areas as meals, 24-hour staffing and onsite health care. Submit information responding to this factor in accordance PO 00000 Frm 00183 Fmt 4701 Sfmt 4703 14157 with Application Submission Requirements in Sections IV.B.5.a. and b. and 8.a. through c and h. of this NOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to carry out a successful conversion of the project and to implement the plan to deliver the supportive services on a long-term basis, considering the following: a. (9 points). The time frame planned for carrying out the physical conversion of the development to the ALF. b. (10 points). Your past experience in providing or arranging for supportive services either on or off site for those who are frail. (If you are applying to convert an unused or underutilized commercial facility to assisted living and you do not own or operate a project with frail elderly residents, you must provide information on any past experience in providing or arranging supportive services for those who are frail.) Examples are: Meals delivered to apartment of resident or in a congregate setting (2 points), arranging for or providing personal care (3 points), providing 24-hour staffing (1 point), providing or making available on-site preventive health care (2 points) and other support services (2 points). c. (1 point). The Department will provide 1 point to those applicants who currently or propose to partner, fund, or subcontract with grassroots organizations. HUD will consider an organization a ‘‘grassroots organization’’ if the organization is headquartered in the local community and has a social services budget of $300,000 or less; or has six or fewer full-time equivalent employees. (Refer to the General Section for further information on policy priority points for activities related to grassroots organizations.) 2. Rating Factor 2: Need/Extent of the Problem (20 Points). This factor addresses the extent to which the conversion is needed by the categories of elderly persons and persons with disabilities that the ALF is intended to serve (very low-income elderly persons and persons with disabilities who have limitations in three or more activities of daily living). The application must include evidence of current needs among project residents (not applicable to applicants proposing to convert unused or underutilized commercial facilities) and needs of potential residents in the housing market area for such persons including economic and demographic information on very lowincome, frail, elderly, and persons with disabilities and information on current E:\FR\FM\21MRBK3.000 21MRBK3 14158 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices assisted living resources in the market area. The factor also addresses your inability to fund the repairs or conversion activities from existing financial resources. In making this determination, HUD will consider project financial information or the organization’s financial information for unused or underutilized commercial facilities. Submit information responding to this factor in accordance with Application Submission Requirements in Sections IV.B.2.c., 4.a. through d., and 9.a. through c. of this NOFA. In evaluating this factor, HUD will consider: a. (7 points). The need for assisted living among the elderly and disable residents of the project taking into consideration those currently in need and the depth of future needs given aging in place. (Not applicable to applications to convert unused or underutilized commercial facilities to assisted living.) b. (3 points (10 points for applications to convert unused or underutilized commercial facilities to assisted living.)). The need for assisted living among very low-income elderly persons and persons with disabilities in the housing market area. c. (9 points). Insufficient funding for any needed conversion work, as evidenced by the project’s financial statements and specifically the lack of excess Reserve for Replacement dollars and residual receipts. If the available Reserve for Replacement and residual receipts are less than 10 percent of the total funds needed = 9 points; if the available Reserve for Replacement and residual receipts are 10–50 percent of need = 5 points; and, if the available Reserve for Replacement and residual receipts are 51 percent or more of the total funds needed = 0 points). For commercial properties, if the available working capital is 10 percent or more of the total conversion = 5 points; if the working capital is less than 10 percent of the total conversion = 9 points. d. (1 point). The Department will provide one point to those applications which establish a connection between the proposed ALF and the community’s Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach (40 Points). This factor addresses the quality and effectiveness of your proposal in addressing the proposed conversion, effectiveness of service coordination and management planning and the meals and supportive VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 services which the ALF intends to provide, whether the jurisdiction in which the ALF is located has taken successful efforts to remove regulatory barriers to affordable housing, whether you will incorporate energy efficiency in the design and operation of the assisted living facility and the extent to which you have evidenced general support for conversion by participating in your community’s Consolidated Planning Process, involving the residents in the planning process (not applicable to applications proposing to convert unused or underutilized commercial facilities). There must also be a relationship between the proposed activities, the project’s and the community’s needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Sections IV.B.2.a. through c. and e., IV.B.4.e., IV.B.5.b. through e., IV. B.8.a. through e., g., and h. of this NOFA. In evaluating this factor, HUD will consider the following: a. (11 points). The extent to which the proposed ALF design will meet the special physical needs of frail elderly persons or persons with disabilities expected to be served at reasonable cost (consider the ALF design: meets needs = 11 points; ALF design partially meets needs = 5 points; and ALF design does not meet needs = 0 points). b. (11 points). The extent to which the ALF’s proposed management and operational plan ensures that the provision of both meals and supportive services planned will be accomplished over time. (Consider ALF design/ management plan: meets needs of management operations = 11 points; ALF design/management plan partially meets needs of management operations = 5 points; and ALF design/management plan does not meet needs of management operations = 0 points.) c. (7 points). The extent to which the proposed supportive services meet the anticipated needs of the frail elderly and disabled residents (does meet = 7 points; partially meets needs = 4 points; and, does not meet needs = 0 points); and d. (7 points). The extent to which the service coordination function is addressed and explained as onsite and sufficient, onsite and augmented or new, and addresses the ongoing procurement of needed services for the residents of the ALF (does meet = 7 points, partially meets = 4 points, does not meet = 0 points). e. (2 points). The steps you have taken which support State and local efforts in PO 00000 Frm 00184 Fmt 4701 Sfmt 4703 streamlining processes and procedures that eliminate redundant requirements, statutes, regulations and codes which impede the availability of affordable housing. To receive points for removal of regulatory barriers, applicants must include in their response the completed Questionnaire HUD Form 27300. (Refer to the General Section for further information. f. (2 points). Describe how you plan to incorporate energy efficiency activities in the design or the operation of the assisted living facility through the use of Energy Star labeled products and appliances. 4. Rating Factor 4: Leveraging Resources (10 Points). This factor addresses your ability to secure other community resources that can be combined with HUD’s grant funds to achieve program purposes. For the ALCP to succeed, you must generate local funding for the necessary supportive services to operate the ALF. HUD also encourages local funding for some of the necessary conversion work, or other work needed in the project (e.g., general modernization) which is NOT specifically linked to the ALF). Submit information responding to this factor in accordance with Application Submission Requirements in Section IV.B.5.h. and i., B.6., and B.8.e. through g. of this NOFA. a. (5 points). The extent to which there are commitments for the funding needed for the meals and the supportive services planned for the ALF and that the total cost of the estimated budget of the ALF is covered. Consider 90 percent or more commitment of the total budget with no more than 10 percent for meals and services = 5 points; 80–89.9 percent with no more than 20 percent for meals and services = 4 points; 65–79.9 percent with no more than 35 percent for meals and services = 3 points; 40–64.9 percent with no more than 60 percent for meals and services = 2 points; less than 40 percent commitment of the total budget with no more than 60 percent support for meals and services = 0 points. b. (3 points). The extent of local organizations’ support, which is firmly committed to providing at least 50 percent of the total cost of ALF conversion (consider 50% or more = 3 points, 20–49.9 percent = 2 points, and under 20 percent = 0 points). c. (2 points). The extent of local organizational support which is firmly committed to providing funds for additional repair or retrofit necessary for the project NOT specifically directed to activities eligible under this NOFA (funds firmly committed = 2 points, funds not committed = 0 points). E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 5. Rating Factor 5: Achieving Results and Program Evaluation (10 Points). This factor reflects HUD’s goal to embrace high standards of ethics, management and accountability. This factor emphasizes HUD’s commitment to ensure that promises you make in the application are kept; and to ensure performance goals with outcomes are established and are met (refer to Section V.B. of the General Section for more detail). Outcomes may include the extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living and an improved living environment, as well as the extent to which the project will be viable absent HUD funds but rely more on state, local, and private funds. Submit information responding to this factor in accordance with Application Submission Requirements in Section IV.B.2.d., 5.a. through g., and 8.a. through e. of this NOFA. Completion of the Form HUD–96010, Program Outcome Logic Model will assist you in completing your response to this requirement. a. (4 points). Describe the extent to which your conversion time frame reflects the length of time it will take to convert the units describing how residents will benefit from the conversion of the units; and how the converted units will result in ALF residents being able to age in place; b. (2 points). Describe the extent to which your assisted living facility will implement practical solutions that will result in assisting residents in achieving independent living and improved living environment. c. (2 points). Demonstrate how the project will be viable absent HUD funds while relying more on state, local, and private funds. d. (2 point). Describe the extent to which the ALFs operating philosophy promotes the autonomy and independence of the frail elderly persons it is intended to serve (is fully addressed = 2 points, no or not addressed = 0 points). 6. Bonus Points (2 bonus points). The project to be converted is located in an RC/EZ/EC–II area, as described in the General Section. B. Reviews and Selection Process 1. The ALCP will fund those applications that may impact federal problem solving and policymaking and that are relevant to HUD’s policy priorities and annual goals and objectives. (Refer to the General Section for discussion of these priorities and annual goals and objectives). For the Assisted Living Conversion Program, VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 applicants who include work activities that specifically address the policy priorities of removing barriers to affordable housing and promoting energy efficiency in the design and operation of the ALF will receive additional points. For information pertaining to the removal of barriers to affordable housing see https:// www.hud.gov/grants/index.cfm and for information about Energy Star see https://www.energystar.gov. 2. Review for Curable Deficiencies. You should ensure that your application is complete before submitting it to HUD electronically through the https:// www.grants.gov/Apply Web site. If you received a waiver of the electronic submission requirement, you must submit an original and four copies to the appropriate HUD Hub Office. Submitting fewer than the original and four copies of the application is not a curable deficiency and will cause your application to be considered nonresponsive to the NOFA and returned to you. HUD will screen all applications received by the deadline for curable deficiencies. With respect to correction of deficient applications, HUD may not, after the application due date and consistent with HUD’s regulations in 24 CFR part 4, subpart B, consider any unsolicited information an applicant may want to provide. HUD may contact an applicant to clarify an item in the application or to correct curable deficiencies. Please note, however, that HUD may not seek clarification of items or responses that improve the substantive quality of a response to any rating factors. In order not to unreasonably exclude applications from being rated and ranked, HUD may contact applicants to ensure proper completion of the application and will do so on a uniform basis for all applicants. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. In each case, under this NOFA, the appropriate HUD Multifamily Hub office will notify you in writing by describing the clarification or curable deficiency. You must submit clarifications or responses to curable deficiencies in accordance with the information provided by the Hub office within 14 calendar days of the date of HUD notification. (If the due date falls on a Saturday, Sunday, or Federal holiday, your correction must be received by HUD on the next day that is not a Saturday, Sunday, or Federal holiday.) If the deficiency is not corrected within this time period, HUD will reject the application as incomplete, and it will not be PO 00000 Frm 00185 Fmt 4701 Sfmt 4703 14159 considered for funding. The following is a list of the deficiencies that will be considered curable in ALCP applications: Exhibits • * Application Summary. • * Articles of Incorporation, or certification of Articles of Incorporation. • * By-laws, or certification of bylaws. • Evidence of occupancy for at least five years (not applicable to commercial facilities). • Original project plans. • Relocation Plan (not applicable to commercial property). • Evidence of Permissive Zoning. The appropriate Hub office will notify you in writing if your application is missing any of the exhibits listed above and you will be given 14 days from the date of the HUD notification to submit the information required to cure the noted deficiencies. The exhibits identified by an asterisk (*) must be dated on or before the application deadline date. If not so dated the application will be rejected. After the completeness review, HUD staff will review your application to determine whether the application meets the threshold requirements. 3. Threshold Review. Only those ALCP applications that meet all threshold requirements will be eligible to receive an award. Applications that do not pass threshold will be rejected. (See Section III.C 2. above of this NOFA for threshold requirements). 4. Appeal Process. Upon rejection of an ALCP application, HUD must send a letter to the Owner outlining all reasons for rejection. The Owner has 14 calendar days from the date of the letter to appeal the rejection. If the Owner submits an appeal, which causes the rejection to be overturned, the application is then rated, ranked, and submitted to the selection panel for consideration. If the Owner does not appeal or does appeal but the rejection is not overturned, the application remains a reject. 5. Review Panels. The Office of Housing’s Multifamily Hubs will establish panels to review all eligible applications that have passed threshold. 6. Rating of Applications (See paragraph below for selection of applications for commercial properties). HUD staff teams will review and rate ALCP applications in accordance with the Ranking and Selection procedures outlined below. All applications will be either rated or technically rejected at the end of technical review. If your application meets all program eligibility requirements after completion of E:\FR\FM\21MRBK3.000 21MRBK3 14160 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices technical review, it will be rated according to the rating selection factors in Section V.A. above of this NOFA. HUD reserves the right to reduce the amount requested in the application if any proposed components are ineligible or if the cost of items is not deemed reasonable. HUD will NOT reject an ALCP application based on technical review without notifying you of that rejection with all the reasons for the rejection, and providing you an opportunity to appeal. As discussed above, you will have 14 calendar days from the date of HUD’s written notice to appeal a technical rejection to the Multifamily Hub where the applications were sent originally. HUD staff will make a determination on an appeal before finalizing selection recommendations. 7. Ranking and Selection Procedures. (Paragraphs (5)(a)–(d) are not applicable to applications from owners of commercial properties.) Applications submitted in response to this NOFA that are eligible, pass threshold and have a total score of 75 points (or more) are eligible for ranking and selection. (Applications for the conversion of commercial properties with a score of at least 75 points will not be ranked but will be submitted to HUD Headquarters for selection.) a. Hub staff teams will be established for ALCP review in each Hub to do the application ratings. b. From within rank order, Hub staff teams in each of the 18 Hubs will select the highest ranked applications from within that Hub in rank order, which can be funded from within the dollars available. Each Hub will select applications based on rank order up to and including the last application that can be funded out of each Hub’s allocation. Hubs must not skip over any applications in order to select one based on the funds remaining. c. After making the initial selections, however, Hubs may use any residual funds to select the next rank-ordered application by reducing the dollars requested by no more than 10 percent and reducing the number of units proposed, but in no case reducing the number of units below the financial threshold feasibility of five ALF units. d. Funds remaining after these processes are completed will be returned to HUD Headquarters. HUD Headquarters will use these funds to restore units to any project reduced as a result of using the residual grant funds in a Hub. Finally, HUD will use these funds for selecting one or more additional applications based on the Hubs rating and rankings, beginning with the highest rated application VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 within the 18 Hubs. Only one application will be selected per Hub from the national residual amount. If there are no approvable applications in other Hubs, the process will begin again with the selection of the next highest rated application within the remaining Hubs. This process will continue until all approvable applications are selected using the available remaining funds. If there is a tie score between two or more applications, and there are insufficient residual funds to cover all tied applications, HUD Headquarters staff will choose the winning application(s) by lottery and/or reduction of grant requests consistent with the instructions above. e. Only one application will be selected using the $5 million set-aside to provide grant funds to a private nonprofit applicant proposing to convert an unused or underutilized commercial property into assisted living. HUD Multifamily Hubs will review applications for commercial properties for completeness and compliance with the eligibility criteria set forth in Section III. of this NOFA. Hub staff will forward applications to Headquarters providing the application was received by the deadline date, meets all eligibility criteria, proposes reasonable costs for eligible activities, includes all technical corrections by the designated deadline date and must have received a score of 75 points or more. Headquarters will select only one on a first-come, first-served basis that can be funded within the money available. Note: Only one application that can be fully funded will be selected. Any remaining funds after this selection process will be returned to the funds allocated for eligible multifamily assisted projects. VI. Award Administration Information A. Award Notices 1. The Grant Agreement, and the Form HUD–1044, signed by both the Recipient and Grant Officer, shall serve as the authorizing award documents. Unsuccessful applicants will be notified, by mail, within 30 days of the announcement of the awards. 2. Adjustments to Funding. a. HUD will not fund any portion of your application that is not eligible for funding under specific program statutory or regulatory requirements; does not meet the requirements if this notice; or may be duplicative of other funded programs or activities. Only the eligible portion of your application will be funded. 3. Applicant Debriefing. All requests for debriefing must be made in writing and submitted to the local Hub in which PO 00000 Frm 00186 Fmt 4701 Sfmt 4703 you applied for assistance. Materials provided to you during your debriefing will include the final scores you received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which assistance was provided or denied. Information regarding this procedure may be found in the General Section. B. Administrative and National Policy Requirements. See Section III.C. of this NOFA and the General Section. C. Reporting 1. Recipients of funding under this program NOFA shall submit a progress report every six months after the effective date of the Grant Agreement. Progress reports shall include reports on performance using the Logic Model (form HUD 90610) approved in your award agreement and financial progress. VII. Agency Contacts A. For Further Information and Technical Assistance You should contact the Multifamily Hub where you will be mailing your ALCP Application. (Please refer to Hub telephone numbers in Appendix 1 of this NOFA.) You also may contact Faye Norman, Housing Project Manager at (202) 708– 3000, extension 2482 or Aretha Williams, Director, Grant Policy and Management Division, Room 6138 at (202) 708–3000, extension 2480 for questions regarding the ALF grant award process. These are not toll-free numbers. Ms. Norman can be reached by e-mail at Faye_L._Norman@hud.gov and Ms. Williams at aretha_m._williams@hud.gov. Both Ms. Norman and Ms. Williams are located at the U.S. Department of Housing and Urban Development; 451 Seventh Street, SW.; Washington, DC 20410. If you have a hearing or speech impairment, you may access the telephone number via TTY by calling the Federal Information Relay Service at 800–877–8339. Application. All information for the submission of your application is included in this NOFA and the General Section. You may also obtain an ALCP application by calling the NOFA Information Center at (voice) 800–HUD– 8929 (800–483–8929). Persons with a hearing or speech impairment may call the Center’s TTY number at 800–HUD– 2209. Please be sure to provide your name, address (including zip code), and telephone number (including area code). The application is also available on the Internet through the HUD Web site at https://www.hud.gov.grants/index.cfm. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Note: There is a separate application for service coordinator funds (which is necessary for those needing to enhance or add service coordination per Section III. of this NOFA). VIII. Other Information A. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (4 U.S.C. 3501–3520) and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 assigned OMB control number 2502– 0542. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 2,550 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting data for the application, semi-annual PO 00000 Frm 00187 Fmt 4701 Sfmt 4703 14161 reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. Appendices Appendix 1 presents the list of HUD offices. Appendix 2 to this NOFA provides the forms that are specific to this NOFA. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00188 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.248</GPH> 14162 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00189 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14163 EN21mr05.249</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00190 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.250</GPH> 14164 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00191 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14165 EN21mr05.251</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00192 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.252</GPH> 14166 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00193 Fmt 4701 Sfmt 4703 E:\FR\FM\21MRBK3.000 21MRBK3 14167 EN21mr05.253</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14168 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices BILLING CODE 4210–32–C Service Coordinators in Multifamily Housing Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of the Assistant Secretary for Housing-Federal Housing Commissioner. B. Funding Opportunity Title: Service Coordinators In Multifamily Housing. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR–4950–N–21. The OMB approval number for this program is 2502–0447. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.191, Multifamily Housing Service Coordinators. F. Dates: The application submission date is June 24, 2005. (All applications must be submitted and received by https://www.grants.gov no later than 11:59:59 p.m. Eastern Time on the application submission date. See submission details in the General Section.) G. Optional Additional Overview Information: 1. Available Funds. Approximately $49.6 million in fiscal year 2005 funds is available for the Service Coordinator program. Of these funds, approximately $10 million is available in this NOFA for funding new Service Coordinator programs. 2. Purpose of the program: The Service Coordinator program allows multifamily housing owners to assist elderly individuals and nonelderly people with disabilities living in HUDassisted housing and in the surrounding area to obtain needed supportive services from the community, to enable them to continue living as independently as possible in their homes. 3. Eligible Applicants: Only owners of eligible multifamily assisted developments may apply for and become the recipient of grant funds. Full Text of Announcement: I. Funding Opportunity Description A. The Service Coordinator Program The Service Coordinator Program provides funding for the employment and support of Service Coordinators in insured and assisted housing developments that were designed for the elderly or nonelderly persons with disabilities and continue to operate as such. Service Coordinators help residents obtain supportive services from the community that are needed to enable independent living and aging in place. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 A Service Coordinator is a social service staff person hired or contracted by the development’s owner or management company. The Service Coordinator is responsible for assuring that elderly residents, especially those who are frail or at risk, and those nonelderly residents with disabilities are linked to the supportive services they need to continue living independently in their current homes. All services should meet the specific desires and needs of the residents themselves. The Service Coordinator may not require any elderly individual or person with a disability to accept any specific supportive service(s). You may want to review the Management Agent Handbook 4381.5 REVISION–2, CHANGE–2, Chapter 8 for further guidance on service coordinators. This Handbook is accessible through HUDCLIPS on HUD’s Web site at https://www.hudclips.org. The Handbook is in the Handbooks and Notices—Housing Notices database. Enter the Handbook number in the ‘‘Document Number’’ field to retrieve the Handbook. B. Authority Section 808 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101–625, approved November 28, 1990), as amended by sections 671, 674, 676, and 677 of the Housing and Community Development Act of 1992 (Pub. L. 102–550, approved October 28, 1992), and section 851 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106– 569, approved December 27, 2000). C. Definition of Terms Used in This Program NOFA 1. ‘‘Activities of daily living (ADLs)’’ means eating, dressing, bathing, grooming, and household management activities, as further described below: a. Eating—May need assistance with cooking, preparing, or serving food, but must be able to feed self; b. Bathing—May need assistance in getting in and out of the shower or tub, but must be able to wash self; c. Grooming—May need assistance in washing hair, but must be able to take care of personal appearance; d. Dressing—Must be able to dress self, but may need occasional assistance; and e. Home management activities—May need assistance in doing housework, grocery shopping, laundry, or getting to and from activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices. PO 00000 Frm 00194 Fmt 4701 Sfmt 4703 2. ‘‘At-risk elderly person’’ is an individual 62 years of age or older who is unable to perform one or two ADLs, as defined in the above paragraph. 3. ‘‘Frail elderly person’’ means an individual 62 years of age or older who is unable to perform at least three ADLs as defined in the above paragraph. 4. ‘‘People with disabilities’’ means those individuals who: a. Have a disability as defined in Section 223 of the Social Security Act; b. Have a physical, mental, or emotional impairment expected to be of long, continued, and indefinite duration that substantially impedes the individual’s ability to live independently; or c. Have a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, (42 U.S.C. Section 15002). 5. ‘‘Reasonable costs’’ mean that costs are consistent with salaries and administrative costs of similar programs in your Field office’s jurisdiction. D. Functions of a Service Coordinator. The major functions of the Service Coordinator include the following: 1. Refer and link the residents of the development to supportive services provided by the general community. Such services may include case management, personal assistance, homemaker, meals-on-wheels, transportation, counseling, occasional visiting nurse, preventive health screening/wellness, and legal advocacy. 2. Educate residents on service availability, application procedures, client rights, etc. 3. Establish linkages with agencies and service providers in the community. Shop around to determine/develop the best ‘‘deals’’ in service pricing, to assure individualized, flexible, and creative services for the involved resident. Provide advocacy as appropriate. 4. Provide case management when such service is not available through the general community. This might include evaluation of health, psychological and social needs, development of an individually tailored case plan for services, and periodic reassessment of the resident’s situation and needs. Service Coordinators can also set up a Professional Assessment Committee (PAC) to assist in performing initial resident assessments. (See the guidance in the Congregate Housing Services Program (CHSP) regulations at 24 CFR 700.135 (or 1944.258 for Rural Housing developments). 5. Monitor the ongoing provision of services from community agencies and keep the case management and provider agency current with the progress of the E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices individual. Manage the provision of supportive services where appropriate. 6. Help the residents build informal support networks with other residents, family and friends. 7. Work and consult with tenant organizations and resident management corporations. Provide training to the development’s residents in the obligations of tenancy or coordinate such training. 8. Create a directory of providers for use by both development staff and residents. 9. Educate other staff of the management team on issues related to aging in place and Service Coordination, to help them to better work with and assist the residents. II. Award Information E. Basic Qualifications of Service Coordinators and Aides B. Maximum Grant Award 1. Service Coordinator qualifications include the following: a. A Bachelor of Social Work or degree in Gerontology, Psychology or Counseling is preferable; a college degree is fully acceptable. You may also consider individuals who do not have a college degree, but who have appropriate work experience. b. Knowledge of the aging process, elder services, disability services, eligibility for and procedures of federal and applicable state entitlement programs, legal liability issues relating to providing Service Coordination, drug and alcohol use and abuse by the elderly, and mental health issues. c. Two to three years experience in social service delivery with senior citizens and/or people with disabilities. Some supervisory or management experience may be desirable if the Service Coordinator will work with aides. d. Demonstrated working knowledge of supportive services and other resources for senior citizens and/or nonelderly people with disabilities available in the local area. e. Demonstrated ability to advocate, organize, problem-solve, and provide results for the elderly and people with disabilities. 2. Aides working with a Service Coordinator should have appropriate education or experience in working with the elderly and/or people with disabilities. An example of an aide position could be an internship or workstudy program with local colleges and universities to assist in carrying out some of the Service Coordinator’s functions. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 A. Available Funding The Consolidated Appropriations Act, 2005 (Pub. L. 108–447, approved December 8, 2004) provides approximately $50 million to fund Service Coordinators and the continuation of existing Congregate Housing Services Program (CHSP) grants. (The $50 million appropriation is subject to a 0.80 percent across-theboard rescission pursuant to P. Law 108–447.) Approximately $10 million of the available $49.6 million will be used to fund new Service Coordinator programs. The remaining amount of $39.6 million will be used to fund oneyear extensions to expiring Service Coordinator and CHSP grants. There is no maximum grant amount. The grant amount you request will be based on the Service Coordinator’s salary and the number of hours worked each week by that Service Coordinator (and/or aide). You should base your determination of the appropriate number of weekly work hours on the number of people in the development who are frail or at-risk elderly or nonelderly people with disabilities. Under normal circumstances, a full-time Service Coordinator should be able to serve about 50–60 frail or at-risk elderly or non-elderly people with disabilities on a continuing basis. Your proposed salary must also be supported by evidence of comparable salaries in your area. Gather data from programs near you to compare your estimates with the salaries and administrative costs of currently operating programs. HUD Field staff can provide you with contacts at local program sites. HUD provides funding in the form of three-year grants. HUD may renew grants subject to the availability of funds and the grantee’s acceptable performance and compliance with program requirements. HUD will determine performance based on the information given in the grantee’s semiannual performance, financial status reports and periodic Logic Model forms submitted throughout the course of the grant term. III. Eligibility Information A. Eligible Applicants. 1. You must meet all of the applicable threshold requirements of Section III.C of the General Section. 2. You must be an owner of a development assisted under one of the following programs: a. Section 202 Direct Loan; PO 00000 Frm 00195 Fmt 4701 Sfmt 4703 14169 b. Project-based Section 8 (including Section 8 Moderate Rehabilitation), or c. Section 221(d)(3) below-market interest rate, and 236 developments that are insured or assisted. 3. You must be approved to conduct new business with the Department, based on HUD’s evaluation of the applicant’s previous participation activities as reported on the ‘‘Previous Participation Certification’’, form HUD– 2530. 4. Additionally, developments listed in paragraph III.A.2, above, are eligible only if they meet the following criteria: a. Have frail or at-risk elderly residents and/or non-elderly residents with disabilities who together total at least 25 percent of the building’s residents. (For example, in a 52-unit development, at least 13 residents must be frail, at-risk, or non-elderly people with disabilities.) b. Were designed for the elderly or persons with disabilities and continue to operate as such. This includes any building within a mixed-use development that was designed for occupancy by elderly persons or persons with disabilities at its inception and continues to operate as such, or consistent with title VI, subtitle D of the Housing and Community Development Act of 1992 (Pub. L. 102–550). If not so designed, a development in which the owner gives preferences in tenant selection (with HUD approval) to eligible elderly persons or nonelderly persons with disabilities, for all units in that development. c. If FHA insured or financed by a Section 202 Direct Loan, are current in mortgage payments or are current under a workout agreement. d. Meet HUD’s Uniform Physical Conditions Standards (codified in 24 CFR part 5, subpart G), based on the most recent physical inspection report and responses thereto, as evidenced by a score of 60 or better on the last physical inspection or by an approved plan for developments scoring less than 60. e. Are in compliance with their regulatory agreement, Housing Assistance Payment (HAP) Contract, and any other outstanding HUD grant or contract document. f. Have no available project funds (i.e., Section 8 operating funds, residual receipts, excess income, or surplus cash) that could pay for a Service Coordinator program. (‘‘Available funds’’ are those that require HUD approval for their use and are not needed to meet critical project needs.) Field office staff will make this determination based on financial records maintained by the Department and information provided E:\FR\FM\21MRBK3.000 21MRBK3 14170 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices by the applicant in the grant application. 5. If your eligibility status changes during the course of the grant term, making you ineligible to receive a grant (e.g., due to prepayment of mortgage, sale of property, or opting out of a Section 8 HAP contract), HUD has the right to terminate your grant. 6. Ineligible Applicants and Developments. a. Property management companies, area agencies on aging, and other like organizations are not eligible applicants for Service Coordinator funds. Such agents may prepare applications and sign application documents if they provide written authorization from the owner corporation as part of the application. In such cases, the owner corporation must be indicated on all forms and documents as the funding recipient. If an agent is preparing the application for an owner, the owner must authorize the agent as the Authorized Organization Representative (AOR) in the Grants.gov Registration process. If you are applying in paper copy format, you must provide a letter from the owner authorizing the submission by the agent on their behalf. Refer to Section IV.F.2 of the General Section for more detailed registration information. b. Developments not designed for the elderly, nonelderly people with disabilities, or those no longer operating as such; c. Section 221(d)(4) and Section 515 developments without project-based Section 8 assistance; d. Section 202 and 811 developments with a Project Rental Assistance Contract (PRAC). Owners of Section 202 PRAC developments may obtain funding by requesting an increase in their PRAC payment consistent with Handbook 4381.5 REVISION–2, CHANGE–2, Chapter 8; e. Conventional public housing, as such term is defined in section 3(b) of the United States Housing Act of 1937), and units assisted by project-based Housing Choice Vouchers, as set forth in 24 CFR Part 983. f. Renewals of existing Section 8 Service Coordinator subsidy awards or grants. HUD currently provides one-year extensions to these subsidy awards and grants through a separate funding action. B. Cost Sharing or Matching Requirement None required. C. Other 1. Eligible Activities. a. Service Coordinator Program grant funds may be used to pay for the salary, fringe VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 benefits, and related support costs of employing a service coordinator. Support costs may include quality assurance, training, travel, creation of office space, purchase of office furniture, equipment, and supplies, computer hardware, software, and Internet service, and indirect administrative costs. b. You may use grant funds to pay for Quality Assurance (QA) in an amount that does not exceed ten percent of the Service Coordinator’s salary. Eligible QA activities are those that evaluate your program to assure that the position and program are effectively implemented. A qualified, objective third party must perform the program evaluation work and must have work experience and education in social or health care services. Your QA activities must identify short and long term program outcomes and performance indicators that will help you measure your performance. On-site housing management staff cannot perform QA and you may not augment current salaries of in-house staff for this purpose. c. You may propose reasonable costs associated with setting up a confidential office space for the Service Coordinator. Such expenses must be one-time only start-up costs. Such costs may involve acquisition, leasing, rehabilitation, or conversion of space. The office space must be accessible to people with disabilities and meet the Uniform Federal Accessibility Standards (UFAS) requirements of accessibility. HUD field office staff must approve both the proposed costs and activity and must perform an environmental assessment on such proposed work prior to grant award. d. You may use funds to augment a current Service Coordinator program, by increasing the hours of a currently employed Service Coordinator, or hiring an additional Service Coordinator or aide on a part-or full-time basis. Likewise, Assisted Living Conversion Program (ALCP) applicants may apply for new or augmented Service Coordinator costs to serve Assisted Living residents and/or all residents of the development. e. You may use funds to continue a Service Coordinator program that has previously been funded through other sources. In your application, you must provide evidence that this funding source has already ended or will discontinue within six months following the application deadline date and that no other funding mechanism is available to continue the program. This applies only to funding sources other than the subsidy awards and grants PO 00000 Frm 00196 Fmt 4701 Sfmt 4703 provided by the Department through program Notices beginning in FY1992. HUD currently provides one-year extensions to these subsidy awards and grants through a separate funding action. f. You may provide service coordination to low-income elderly individuals or nonelderly people with disabilities living in the vicinity of an eligible development. Community residents should come to your housing development to meet with and receive service from the Service Coordinator, but you must make reasonable accommodations for those individuals unable to travel to the housing site. 2. Threshold Requirements. a. At the time of submission, grant applications must contain the materials in Section IV.B.2.a and e of this Program NOFA in order to be considered for funding. If any of these items is missing, HUD will immediately reject your application. b. In cases where field office staff request information in response to technical deficiencies in applications, applicants must submit the response by the designated deadline date. If requested responses are not received by this date, HUD will reject the application. c. DUN and Bradstreet Universal Numbering System (DUNS) Number Requirement. Refer to the General Section for information regarding the DUNS requirement. You will need to obtain a DUNS number to receive an award from HUD. 3. Program Requirements. In managing your Service Coordinator grant, you must meet the requirements of this Section. These requirements apply to all activities, programs, and functions used to plan, budget, and evaluate the work funded under your program. a. You must make sufficient separate and private office space available for the Service Coordinator and/or aides to meet with residents, without adversely affecting normal activities. b. The Service Coordinator must maintain resident files in a secured location. Files must be accessible ONLY to the Service Coordinator, unless residents provide signed consent otherwise. These policies must be consistent with maintaining confidentiality of information related to any individual per the Privacy Act of 1974. c. Grantees must ensure that the Service Coordinator receives appropriate supervision, training, and ongoing continuing education, consistent with statutory and HUD administrative requirements. This includes 36 hours of training in age- E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices related and disability issues during the first year of employment, if the Service Coordinator has not received recent training in these areas, and 12 hours of continuing education each year thereafter. d. Grantees are responsible for any budget shortfalls during the three-year grant term. e. As a condition of receiving a grant, Section 202 developments without a dedicated residual receipts account must amend their regulatory agreement and open such an account, separate from their Reserve for Replacement account. f. Subgrants and Subcontracts. You may directly hire a Service Coordinator or you may contract with a qualified third party to provide this service. g. Environmental Requirements. It is anticipated that most activities under this program are categorically excluded from the National Environmental Policy Act (NEPA) and related environmental authorities under 24 CFR 50.19(b)(3), (4), (12), or (13). If grant funds will be used to cover the cost of any activities which are not exempt from environmental review requirements— such as acquisition, leasing, construction, or building rehabilitation, HUD must perform an environmental review to the extent required by 24 CFR part 50, prior to grant award. HUD Field office staff will determine the need for an environmental assessment, based on the proposed program activities. 4. Submission Information. a. Single Applications. (1) You may submit one application that contains one or more developments that your corporation owns. submitting one application for each project you own will increase your chances of selection in the lottery. You may also submit one application that contains multiple projects you own, to reduce preparation time and resources. Each application must propose a stand-alone program at separate developments. The developments must all be located in the same field office jurisdiction. (2) If you wish to apply on behalf of developments located in different field office jurisdictions, you must submit a separate application to each field office. b. Joint Applications. You may join with one or more other eligible owners to share a Service Coordinator and submit a joint application. In the past, joint applications have been used by small developments that joined together to hire and share a part or full-time Service Coordinator. c. Application Submission Requirements for ALCP Applicants. (1) If you are an ALCP applicant and you request new or additional Service VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Coordinator funds specifically for your proposed Assisted Living Program, you must submit an application containing all required documents listed in Section IV.B of this Program NOFA. You may include a copy of all standard forms submitted as part of your ALCP application. (2) If you currently do not have a Service Coordinator working at the development proposed in your ALCP application and your ALCP application is selected to receive an award, HUD will fund a Service Coordinator to serve either ALCP residents only or all residents of the development dependent upon your request. If your development currently has a Service Coordinator, you may request additional hours for the Service Coordinator to serve the Assisted Living residents. If you request additional hours, you must specify the number of additional hours per week and provide an explanation based on the anticipated needs of the Assisted Living residents. If you request Service Coordinator funding to serve all residents of your development, indicate whether or not your request should be entered into the national lottery if your ALCP application is not selected to receive an award. Provide this information in your related narrative, pursuant to paragraph IV.B.2.e(6) of this NOFA. IV. Application and Submission Information A. Addresses to Request Application Package Applicants may download the Instructions to the application found on the grants.gov Web site at https:// www.Grants.gov./Apply. The instructions contain the General Section and Program Section of the published NOFA as well as forms that you must complete and attach as a zip file to your application submission. If you have difficulty accessing the information you may call the Grants.gov Support desk toll free 800–518–GRANTS or e-mailing your questions to Support@Grants.gov. The Support Desk staff will assist you in accessing the information. Please remember that you must be registered to submit an application utilizing Grants.gov. Your registration allows you to electronically sign the application and Grants.gov to authenticate that the application was submitted by the appropriate organization staff with legal authority to submit the application on behalf of the applicant. Please see the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk. Please be PO 00000 Frm 00197 Fmt 4701 Sfmt 4703 14171 aware that the registration process is a separate process from requesting e-mail notification of funding opportunities and should be done as soon as you download the application from the grants.gov Web site. If you are not sure if you are already registered, the Grants.gov Support Desk can assist in verifying whether you are or are not registered. B. Content and Form of Application Submission Your application must contain the items listed in paragraphs 1 and 2, below. These items include the standard forms listed in Section IV.B of the General Section that are applicable to this funding Notice (collectively referred to as the ‘‘standard forms’’). The standard forms and other required forms are part of the electronic application found at www.grants.gov/Apply. The items are as follows: 1. Standard Forms. a. Application for Federal Assistance (SF–424) b. SF–424 Supplement—Survey on Ensuring Equal Opportunity for Applicants. c. If engaged in lobbying, the Disclosure Form Regarding Lobbying (SF–LLL) d. Applicant/Recipient Disclosure/ Update Report Form (HUD–2880) e. Logic Model, (HUD–90610) f. Acknowledgment of Application Receipt (HUD–2993), not required for electronic applications g. Client Comments and Suggestions (HUD–2994), optional h. Facsimile Transmittal Cover Page (HUD–96011). This form must be used as part of the electronic application to transmit third party documents and other information as described in the General Section as part of your electronic application submittal (if applicable). 2. Other Application Items. All applications for funding under the Service Coordinator Program must include the following documents and information: a. Service Coordinator First-Time Funding Request, form HUD–91186. b. Previous Participation Certification, form HUD–2530. c. If more than one owner is proposing to share a Service Coordinator, one agency must designate itself the ‘‘lead’’. When the legal signatory for the owner corporation signs the application, the owner indicates agreement to administer grant funds for all the housing developments listed in the application. d. Evidence of comparable salaries in your local area. E:\FR\FM\21MRBK3.000 21MRBK3 14172 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices e. Narrative Statements Describing Your Program. (1) Explain your method of estimating how many residents of your development are frail or at-risk elderly or non-elderly people with disabilities. Please document that individuals meeting these criteria make up at least 25 percent of your resident population. (Do not include elderly individuals or people with disabilities who do not live in the eligible developments included in your application.) (2) Explain how you will provide onsite private office space for the Service Coordinator, to allow for confidential meetings with residents. If construction is planned, also include a plan and a cost-estimate. (3) Your quality assurance program evaluation activities and itemized list of estimated expenses for this activity if included in your request for funding. Indicate the type of professional or entity that will perform the work if known at this time or the criteria you will use to select the provider. (4) If you wish to augment an existing program, describe your program’s needs and explain how the additional staff hours requested will help meet these needs. (5) A description of your plan to address community resident needs, if applicable to your program. (6) If you are applying for an ALCP grant in conjunction with your Service Coordinator application, describe how the new or additional Service Coordinator hours will support your proposed assisted living program. Indicate if you want your Service Coordinator application entered into the lottery if your ALCP application is not selected to receive an award. f. Evidence that no project funds are available to fund a Service Coordinator program. You must include a copy of your development’s most recent bank statement, showing the project’s current residual receipts or excess income balance (if any). It is incumbent upon the applicant to demonstrate that no such project funds are available. g. If applicable, provide evidence that prior funding sources for your development’s Service Coordinator program are no longer available or will expire within six months following the application deadline date. h. If an agent is preparing the application for an owner, the owner must authorize the agent as the Authorized Organization Representative (AOR) in the Grants.gov Registration process. If you are applying in paper copy format, you must provide a letter from the owner authorizing the submission by the agent on their behalf. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 i. A DUNS number. Refer to the General Section for information regarding the DUNS requirement. C. Submission Dates and Times Applicants must follow the submission requirements discussed in Section IV.C of the General Section. D. Intergovernmental Review Intergovernmental review is not applicable to this program. E. Funding Restrictions 1. Alternative Funding for Service Coordinators. If your development has available Section 8 operating funds, residual receipts, or excess income, not needed for critical project expenses, you must use these project funds prior to receiving grant monies. Owners may submit requests to use Section 8 operating funds, residual receipts, or excess income pursuant to instructions in Housing’s Management Agent Handbook 4381.5, REVISION–2, CHANGE–2, Chapter 8 and Housing Notice H 02–14. HUD field staff may approve use of these project funds at any time, consistent with current policy. You should discuss these alternativefunding options with your field office staff prior to submitting a grant application. 2. Ineligible Activities and Program Costs. a. You may not use funds available through this NOFA to replace currently available funding from other sources for a Service Coordinator or for some other staff person who performs service coordinator functions. b. Owners with existing service coordinator subsidy awards or grants may not apply for renewal or extension of those programs under this NOFA. HUD will provide extension funds through a separate funding process. c. You cannot hire an additional part or full-time Service Coordinator for the sole purpose of serving community residents. d. Grant recipients may not use grant funds to pay for supervision performed by property management staff. (Management fees already pay for such supervision.) e. Cost overruns associated with creating private office space and usual audit and legal fees are not eligible uses of grant funds. f. The cost of application preparation is not eligible for reimbursement. g. Grant funds cannot be used to increase a project’s management fee. h. Grant funds may not cover the cost of Service Coordinator-related training courses for members of a development’s management staff who do not directly provide Service Coordination. Owners PO 00000 Frm 00198 Fmt 4701 Sfmt 4703 must use their management fees to pay this expense. i. Owners/managers cannot use Reserve for Replacement funds to pay costs associated with a Service Coordinator program. j. Congregate Housing Services Program grantees may not use these funds to meet statutory program match requirements and may not use these funds to replace current CHSP program funds to continue the employment of a service coordinator. k. Grantees cannot use grant funds to pay PAC members for their services. l. The grant amount allowed for QA may not exceed ten percent of the Service Coordinator’s salary. 3. Prohibited Service Coordinator Functions. During work hours paid for by this grant, Service Coordinators may not perform the following activities: a. Act as a recreational or activities director; b. Provide supportive services directly; c. Act as a Neighborhood Networks program director or coordinator, and d. Perform property management work, regardless of the funding source used to pay for these activities. F. Other Submission Requirements 1. Application Submission and Receipt Procedures. Carefully review the procedures presented in Section IV.F of the General Section. All applicants submitting Service Coordinator applications must submit applications electronically. Please pay particular attention to the portion of Section IV.F. of the General Section that explains how to submit Third Party Letters, Certifications or Narrative Statements electronically as part of your application. 2. Waiver of Electronic Submission Requirement. During FY2005, HUD will only accept electronic applications submitted through www.grants.gov unless the applicant has received a waiver from the Department. Please see the General Section for detailed instructions and timelines for requesting a waiver of the mandatory electronic submission requirement. 3. Application Copies. Applicants submitting electronic applications must submit just one application to https:// www.grants.gov. Applicants who receive a waiver for electronic submission must submit an original and two copies to the field office with jurisdiction over the housing developments included in your application. 4. Field Office Addresses. If you are granted a waiver to the electronic application submission requirement, E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices you must submit an original and two hard copies of your application to the field office with jurisdiction over the housing developments identified in your application. If you send your application to the wrong local HUD Office, it will be rejected. Therefore, if you are uncertain as to which local HUD Office to submit your application, you are encouraged to contact the local HUD Office that is closest to your project’s location to ascertain the Office’s jurisdiction and ensure that you submit your application to the correct local HUD Office. For a list of field office addresses, see HUD’s Web site at http:/ /www.hud.gov/offices/adm/grants/ fundsavail.cfm. V. Application Review Information A. Criteria 1. HUD will not award Service Coordinator Program grant funds through a rating and ranking process. Instead, the Department will hold one national lottery for all applications determined to be eligible by Multifamily Hub and Multifamily Program Centers. 2. Threshold Eligibility Review. HUD Multifamily field office staff will review applications for completeness and compliance with the eligibility criteria set forth in Section III of this NOFA. Field office staff will deem an application eligible if the electronic application was submitted and received by http:\\www.Grants.gov no later than 11:59:59 p.m. on June 24, 2005. For applicants who submitted a paper copy of their application, the application was submitted by the deadline date and meets the application timely receipt requirements for paper copy submission in the General Section. To be eligible for the lottery, in addition to meeting the timely submission requirement, an applicant must meet all eligibility criteria; propose reasonable costs for eligible activities, and, if technical corrections are requested during the review process, provide the technical correction(s) by the timeframe stated in the request. B. Review and Selection Process 1. Funding Priorities. a. Prior to the lottery, HUD will fund Service Coordinator applications submitted by FY2005 ALCP applicants, whose ALCP applications are selected for funding under that program’s NOFA. HUD estimates that approximately $500,000 will be used to fund ALCP Service Coordinator applications. Any funds not used by the ALCP program to fund service coordinators will be added to the funds available for the National Lottery. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 b. After setting aside funds for ALCP applicants, and prior to the lottery, HUD will next fund all applications submitted by owners who are applying for grant funds to continue a currently operating program previously funded by project funds. As stated in paragraph III.A.4.f of this NOFA, such applications are eligible only if project funds are no longer available to continue the program. 2. Selection Process. a. HUD will use remaining funds to make grant awards through the use of a national lottery. A computer program performs the lottery by randomly selecting eligible applications. b. HUD will fully fund as many applications as possible with the given amount of funds available. After all fully fundable applications have been selected by lottery, HUD may make an offer to partially fund the next application on the lottery’s list, in order to use the entire amount of funds allocated. If the applicant selected for partial funding turns down the offer, HUD will make an offer to partially fund the next application on the lottery list. HUD will continue this process until an applicant accepts the partial funding offer. 3. Reduction in Requested Grant Amount. HUD may make an award in an amount less than requested, if: a. HUD determines that some elements of your proposed program are ineligible for funding; b. There are insufficient funds available to make an offer to fully fund the application; c. HUD determines that reduced grant amount would prevent duplicative Federal funding. 4. Corrections to Deficient Applications. Section V.B.4 of the General Section provides the procedures for corrections to deficient applications. VI. Award Administration Information A. Award Notices HUD field staff will send, by postal or overnight mail, selection letters and grant agreements to the award recipient organization. The grant agreement is the obligating document and funds are obligated once the HUD grant officer signs the agreement. Field staff will send non-selection letters during this same period of time. If your application is rejected, field staff may notify you by letter any time during the application review process. B. Administrative and National Policy Requirements PO 00000 None. Frm 00199 Fmt 4701 Sfmt 4703 14173 C. Reporting All award recipients must submit the following reports on a yearly basis: 1. Two Semi-Annual Financial Status Reports (SF–269–A), for each half-year period of the Federal fiscal year; 2. Two Semi-Annual Service Coordinator Performance Reports, (HUD–92456), for each half-year period of the Federal fiscal year; 3. Two completed Logic Model forms, HUD–96010, submitted as an attachment to each Semi-Annual Performance Report. The Logic Model must present performance information on a short term basis, corresponding to each six-month reporting period; on an intermediate basis, i.e. annually, and in the long-term, reporting results for the entire grant term showing progress related to program outputs and outcomes as specified in your approved Logic Model incorporated into your grant agreement. The objectives of the Service Coordinator program are to enhance a resident’s quality of life and ability to live independently and to age in place. The data that HUD collects on the performance report and Logic Model measures, in a quantitative form, the grantee’s success in meeting these intended program outcomes. 4. Periodic reimbursement requests (i.e., Payment Voucher, form HUD– 50080–SCMF), providing program expenses for the associated time period, and submitted in accordance with the due dates stated in the grant agreement. Grantees must request grant payments directly following the end of each agreed-upon time period and the funds must reimburse those program costs already incurred. 5. If your grant includes Quality Assurance activities, you must provide a copy of at least one annual report that your QA provider submits to you each year. You must submit this copy along with the semi-annual financial and performance reports that are due on October 30 of each year. The QA provider’s report that you submit to HUD must include the following information: who performed the QA work, when the review(s) was conducted, and the results of the evaluation. The results should include such information as how many residents were served, the types of services they receive, the training sessions attended by the Service Coordinator, and the extent of resident satisfaction with the program. HUD will use this report, in tandem with other reports and performance data, to determine a grantee’s acceptable program performance. E:\FR\FM\21MRBK3.000 21MRBK3 14174 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VII. Agency Contacts You may contact your local HUD field office staff for questions you have regarding this NOFA and your application. Please contact the Multifamily Housing Resident Initiatives Specialist or Service Coordinator contact person in your local office. If you are an owner of a Section 515 development, contact the HUD field office that monitors your Section 8 contract. If you have a question that the field staff is unable to answer, please call Carissa Janis, Housing Project Manager; Office of Housing Assistance and Grants Administration; Department of Housing and Urban Development; 451 Seventh Street, SW., Room 6146; Washington, DC 20410–8000; (202) 708– 3000, extension 2487 (this is not a tollfree number). If you are hearing-or speech-impaired, you may access this number via TTY by calling the Federal VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 A. Satellite Broadcast HUD will hold an information program for potential applicants via satellite broadcast to learn more about the program and preparation of the application. For more information about the date and time of the broadcast, you should contact your local field office staff or consult the HUD Web site at https://www.hud.gov. B. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520) and assigned OMB control number 2502– 0477. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 50.25 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. C. Appendices Information Relay Service at 800–877– 8339. VIII. Other Information PO 00000 Frm 00200 Fmt 4701 Sfmt 4703 Appendix A to this NOFA presents the list of HUD offices. Appendix B to this NOFA provides the forms that are specific to this NOFA. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00201 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14175 EN21MR05.254</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00202 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.255</GPH> 14176 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00203 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14177 EN21MR05.256</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00204 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.257</GPH> 14178 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00205 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14179 EN21MR05.258</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00206 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.259</GPH> 14180 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00207 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14181 EN21MR05.260</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00208 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.261</GPH> 14182 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00209 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14183 EN21MR05.262</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00210 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.263</GPH> 14184 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00211 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14185 EN21MR05.264</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00212 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.265</GPH> 14186 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00213 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14187 EN21MR05.266</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14188 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Section 202 Supportive Housing for the Elderly Program (Section 202 Program) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing. B. Funding Opportunity Title: Section 202 Supportive Housing for the Elderly. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: The Federal Register number for this NOFA is FR–4950–N–19. The OMB Approval Number for this program is 2502–0267. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.157, Section 202 Supportive Housing for the Elderly. F. Dates: Application Submission Date: The application submission date is on or before May 31, 2005. Refer to Section IV of this NOFA and to the General Section for information on application submission requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. This program provides funding for the development and operation of supportive housing for very low-income persons 62 years of age or older. 2. Available Funds. Approximately $462.9 million in capital advance funds, plus associated project rental assistance contract (PRAC) funds and any carryover funds available. 3. Types of Funds. Capital advance funds will cover the cost of developing the housing. PRAC funds will cover the difference between the HUD-approved operating costs of the project and the tenants’ contributions toward rent (30 percent of their adjusted monthly income). 4. Eligible Applicants. Private nonprofit organizations and nonprofit consumer cooperatives. (See Section III.C.3.k of this program NOFA for further details and information regarding the formation of the Owner corporation). 5. Eligible Activities. New construction, rehabilitation, or acquisition (with or without rehabilitation) of housing. (See Section III.C.1. below of this program NOFA for further information. 6. Match Requirements. None required. 7. Local HUD Offices. The local HUD office structure, for the purpose of implementing the Section 202 program, consists of 18 Multifamily Hub Offices. Within the Multifamily Hubs, there are Multifamily Program Centers with the exception of the New York Hub, the Buffalo Hub, the Denver Hub and the Los Angeles Hub. All future references VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 shall use the term ‘‘local HUD office’’ unless a more detailed description is necessary as in Limitations on Applications and Ranking and Selection Procedures, below. Full Text of Announcement I. Funding Opportunity Description A. Program Description. HUD provides capital advances and contracts for project rental assistance in accordance with 24 CFR part 891. Capital advances may be used for the construction or rehabilitation of a structure, or acquisition of a structure with or without rehabilitation (including structures from the Federal Deposit Insurance Corporation (FDIC)). Capital advance funds bear no interest and are based on development cost limits in Section IV.E.3. Repayment of the capital advance is not required as long as the housing remains available for occupancy by very low-income elderly persons for at least 40 years. PRAC funds are used to cover the difference between the tenants’ contributions toward rent (30 percent of adjusted income) and the HUDapproved cost to operate the project. PRAC funds may also be used to provide supportive services and to hire a service coordinator in those projects serving frail elderly residents. The supportive services must be appropriate to the category or categories of frail elderly residents to be served. B. Authority. The Section 202 Supportive Housing for the Elderly Program is authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101– 625; approved November 28, 1990); the Housing and Community Development Act of 1992 (Pub. L. 102–550; approved October 28, 1992), the Rescissions Act (Pub. L. 104–19; enacted on July 27, 1995); the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106–569; approved December 27, 2000); and the Consolidated Appropriations Act, 2005 (Pub. L. 108– 447, approved December 8, 2004). C. Calculation of Fund Reservation. If selected, you will receive a fund reservation that will consist of both a reservation of capital advance funds and a reservation of contract authority (one year) and budget authority (five years) for project rental assistance. 1. Capital Advance Funds. The reservation of capital advance funds is based on a formula which takes the development cost limit for the appropriate building type (elevator, non-elevator) and unit size(s) and PO 00000 Frm 00214 Fmt 4701 Sfmt 4703 multiplies it by the number of units of each size (including a unit for a resident manager, if applicable) and then multiplies the result by the high cost factor for the area. The development cost limits can be found in Section IV.E.3. of this program section of the SuperNOFA. 2. PRAC Funds. The PRAC contract authority is determined by multiplying the number of revenue units for elderly persons by the appropriate operating cost standard. The PRAC budget authority is determined by multiplying the PRAC contract authority by 5 (years). The operating cost standards will be published by Notice. II. Award Information A. Available Funds. For FY2005, approximately $462.9 million is available for capital advances for the Section 202 Supportive Housing for the Elderly Program. The Consolidated Appropriations Act, 2005 (Pub. L. 108–447, approved December 8, 2004) provides $747,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for the elderly as authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101–625, approved November 28, 1990), for project rental assistance, amendments to contracts for project rental assistance, and $3 million for the renewal of expiring contracts for such assistance for up to a one-year term, for supportive housing for the elderly under section 202(c)(2) of the Housing Act of 1959 as well as the amount of $450,000 to be transferred to the Working Capital Fund, all of which is subject to a .8 percent across-the-board rescission pursuant to Public Law 108–447. Additionally, of the amount appropriated, $50 million is provided for service coordinators and the continuation of congregate services grants, up to $25 million is provided for assisted living conversion grants and emergency capital repairs, and $18 million is provided for a Section 202 Demonstration Planning Grant program. The announcement of the availability of the funds for the service coordinators and the continuation of congregate services as well as the Assisted Living Conversion program is covered elsewhere in this SuperNOFA. The announcement of the availability of funds for emergency capital repairs and the Section 202 Demonstration Planning Grant program will be addressed in a future Federal Register. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices In accordance with the waiver authority provided in the Consolidated Appropriations Act, 2005, the Secretary is waiving the following statutory and regulatory provision: The term of the project rental assistance contract is reduced from 20 years to 5 years. HUD anticipates that at the end of the contract terms, renewals will be approved subject to the availability of funds. In addition to this provision, HUD will reserve project rental assistance contract funds based on 75 percent rather than on 100 percent of the current operating cost standards for approved units in order to take into account the average tenant contribution toward rent. The allocation formula used for Section 202 reflects the ‘‘relevant characteristics of prospective program participants,’’ as specified in 24 CFR 791.402(a). The FY2005 formula consists of one data element from the 2000 Census: number of one-person elderly renter households (householder age 62 and older) with incomes at or below the applicable Section 8 very low-income limit, and with housing VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 conditions. Housing conditions are defined as paying more than 30 percent of income for gross rent, or occupying a unit lacking some or all kitchen or plumbing facilities, or occupying an overcrowded unit (1.01 persons per room or more). Under Section 202, 85 percent of the total capital advance amount is allocated to metropolitan areas and 15 percent to nonmetropolitan areas. In addition, each local HUD office jurisdiction receives sufficient capital advance funds for a minimum of 20 units in metropolitan areas and 5 units in nonmetropolitan areas. The total amount of capital advance funds to support these minimum set-asides are subtracted from the respective (metropolitan or nonmetropolitan) total capital advance amounts available. The remainder is fair shared to each local HUD office jurisdiction whose fair share exceeds the minimum set-aside based on the allocation formula fair share factors described below. Note: The allocations for metropolitan and nonmetropolitan portions of the local HUD office jurisdictions reflect the definitions of PO 00000 Frm 00215 Fmt 4701 Sfmt 4703 14189 metropolitan and nonmetropolitan areas as of the 2000 Census, as defined by the Office of Management and Budget at that time. A fair share factor is developed for each metropolitan and nonmetropolitan portion of each local HUD office jurisdiction by dividing the number of elderly renter households in the respective metropolitan and nonmetropolitan portion of the jurisdiction by the total number of elderly rental households in the metropolitan and nonmetropolitan portions of the United States. The resulting percentage for each local HUD office jurisdiction is then adjusted to reflect the relative cost of providing housing among the local HUD office jurisdictions. The adjusted needs percentage for the applicable metropolitan or nonmetropolitan portion of each jurisdiction is then multiplied by the respective total remaining capital advance funds available nationwide. Based on the allocation formula, HUD has allocated the available capital advance funds as shown on the following chart: E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00216 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.267</GPH> 14190 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00217 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14191 EN21MR05.268</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14192 B. Type of Award Capital Advance and Project Rental Assistance Contract Funds for new Section 202 applications. C. Type of Assistance Instrument The Agreement Letter stipulates the terms and conditions for the Section 202 fund reservation award as well as the submission requirements following the fund reservation award. The duration of VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. D. Anticipated Start and Completion Date Immediately upon your acceptance of the Agreement Letter, you are expected to begin work toward the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm PO 00000 Frm 00218 Fmt 4701 Sfmt 4703 Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award period as indicated in the above paragraph regarding the Type of Assistance Instrument. Final closing of this capital advance is expected to occur E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.269</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices no later than six months after completion of project construction. III. Eligibility Information A. Eligible Applicants Private nonprofit organizations and nonprofit consumer cooperatives who meet the threshold requirements contained in the General Section of the SuperNOFA and Section III.C. 2. of this NOFA are the only eligible applicants under this Section 202 program. Neither a public body nor an instrumentality of a public body is eligible to participate in the program. Applicant eligibility for purposes of applying for a Section 202 fund reservation under this NOFA has not changed; i.e., all Section 202 Sponsors and Co-Sponsors must be private nonprofit organizations and nonprofit consumer cooperatives. However, the Owner corporation, when later formed by the Sponsor, may be (1) a singlepurpose private nonprofit organization that has tax-exempt status under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code of 1986, (2) nonprofit consumer cooperative, or (3) for purposes of developing a mixedfinance project pursuant to the statutory provision under Title VIII of the American Homeownership and Economic Opportunity Act of 2000, a for-profit limited partnership with a private nonprofit organization as the sole general partner. See Section IV.E.2. regarding limits on the total number of units and projects for which you may apply for funding. B. Cost Sharing or Matching No cost sharing or match is required; however, you are required to make a commitment to cover the estimated start-up expenses, the minimum capital investment of one-half of one percent of the HUD-approved capital advance, not to exceed $10,000 or for a national Sponsor not to exceed $25,000, and any funds required in excess of the capital advance, including the estimated cost of any amenities or features (and operating costs related thereto) which are not covered by the capital advance. You make such a commitment by signing the Form HUD–92042, Sponsor’s Resolution for Commitment to Project in Exhibit 8(g) of the application found in Section IV.B. C. Other 1. Eligible Activities. Section 202 capital advance funds must be used to finance the development of housing through new construction, rehabilitation, or acquisition with or without rehabilitation. Capital advance VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 funds may also be used in combination with other non-Section 202 funding sources leveraged by a for-profit limited partnership (of which a single-purpose private nonprofit organization is the sole general partner) to develop a mixed-finance project, including a mixed-finance project for additional units over and above the Section 202 units. The development of a mixed-use project in which the Section 202 units are mortgaged separately from the other uses of the structure is not considered a mixed-finance project. Project rental assistance funds are provided to cover the difference between the HUDapproved operating costs and the amount the residents pay (each resident pays 30 percent of adjusted income) as well as to provide supportive services to frail elderly residents. Note: For purposes of approving Section 202 capital advances, HUD will consider proposals involving mixed-financing for additional units over and above the Section 202 units. However, you must obtain funds to assist the additional units with other than PRAC funds. HUD will not provide PRAC funds for non-Section 202 units. A portion of the PRAC funds (not to exceed $15 per unit/per month) may be used to cover some of the cost of any supportive services for those frail elderly or those elderly determined to be at-risk of being institutionalized. The balance of the cost for services must be paid for from sources other than the capital advance or PRAC funds. Also, the cost of employing a service coordinator for those projects serving principally the frail elderly (when at least 25 percent of the residents will be frail or determined to be at-risk of being institutionalized) is an eligible use of PRAC funds. Section 202 projects receiving Congregate Housing Services assistance under Section 802 of the National Affordable Housing Act are not eligible to use capital advance or PRAC funds for supportive services or the cost of a service coordinator. 2. Threshold Requirements for Funding Consideration. In addition to the threshold criteria outlined in the General Section of the SuperNOFA (such as the inclusion of a DUN and Bradstreet Data Universal Numbering System (DUNS) Number on the SF–424), the following threshold requirements must be met: a. Non-Responsive Application. Your application will be considered nonresponsive to the NOFA and will not be accepted for processing if you: (1) submit less than the required number of copies (an original and four copies are required if you requested and received approval for a waiver of the electronic submission requirement). PO 00000 Frm 00219 Fmt 4701 Sfmt 4703 14193 Refer to the General Section of the SuperNOFA for information on application submission and receipt procedures; (2) request more units than were allocated in either the metropolitan or nonmetropolitan allocation category to the local HUD office that will be reviewing your application or 125 units, whichever is less (see the allocation chart in Section II.A. above); or (3) request less than the minimum number of 5 units per site. (4) request assistance for housing that you currently own or lease that is already occupied by elderly persons. b. Other Criteria. (1) You, or a Co-Sponsor, must have experience in providing housing or services to elderly persons. (2) You and any Co-Sponsor must be eligible private nonprofit organizations or nonprofit consumer cooperatives with tax exempt status under Internal Revenue Service code. (3) Your application must contain acceptable evidence of site control (see Exhibit 4(d)(i) of the application in Section IV.B. of this program section of the SuperNOFA). (a) Evidence of Site Control. You must provide evidence of site control as described in this section and Exhibit 4(d)(i) of Section IV.B. of this program section of the SuperNOFA). (b) Historic Preservation. You are required to send a letter to the State/ Tribal Historic Preservation Officer (SHPO/THPO) that attempts to initiate consultation with their office and requests their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter to the SHPO/ THPO that you may adapt for your use, if you so choose. You must include a copy of your letter to the SHPO/THPO in your application. You must also include in your application either: (i) The response letter(s) from the SHPO/THPO, or (ii) A statement from you that you have not received a response letter(s) from the SHPO/THPO. (c) Contamination. HUD must determine if a proposed site contains contamination and, if so, HUD must be satisfied that it is eliminated to the extent necessary to meet non sitespecific Federal, State or local health standards. You must assist HUD by doing the following: (i) Phase I Environmental Site Assessment (ESA). You must submit a Phase I ESA, prepared in accordance with the ASTM Standards E 1527–00, as amended, completed or updated no E:\FR\FM\21MRBK3.000 21MRBK3 14194 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices earlier than six months prior to the application deadline date. The Phase I ESA must be completed and submitted with the application. Therefore, it is important that you start the Phase I ESA process as soon after publication of the SuperNOFA as possible. To help you choose an environmentally safe site, HUD invites you to review the document ‘‘Choosing an Environmentally Safe Site’’ which is available on HUD’s Web site at https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm and the ‘‘Supplemental Guidance, Environmental Information’’, in Appendix C to this program section of the SuperNOFA. (ii) Phase II ESA. If the Phase I ESA indicates the possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. However, if you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. In order for your application to be considered for review under this FY2005 funding competition, the Phase II must be received by the local HUD office on or before June 30, 2005. (iii) Clean-up.—If the Phase II ESA reveals site contamination, the extent of the contamination and a plan for cleanup of the site must be submitted to the local HUD office. The plan for clean-up must include a contract for remediation of the problem(s) and an approval letter from the applicable Federal, State, and/ or local agency with jurisdiction over the site. In order for your application to be considered for review under this FY2005 funding competition, this information must be received by the local HUD office on or before June 30, 2005. Note: Clean-up could be an expensive undertaking. You must pay for the cost of any clean-up and/or remediation. If the application is approved, clean-up must be completed prior to initial closing. Completion of clean-up means that HUD must be satisfied that the contamination has been eliminated to the extent necessary to meet non site-specific federal, state or local health standards, with no active or passive remediation still taking place, no capping over of any contamination, and no monitoring wells. However, it is acceptable if contamination remains solely in groundwater that is at least 25 feet below the surface. (d) Asbestos. Asbestos is a hazardous substance commonly used in building products until the late 1970s. Therefore, VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 you must submit one of the following with your application: (i) If there is no pre-1978 structure on the site, a statement to this effect, or (ii) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (4) There must be a market need for the number of units proposed in the area of the project location. (5) You are required to include a Supportive Services Plan that describes the supportive services proposed to be provided to the anticipated occupants, including a description of the public or private funds that are expected to fund the proposed services and the manner in which the services will be provided to the proposed residents (see Exhibit 5 in Section IV.B. of this program section of the SuperNOFA). You must not require residents to accept any supportive services as a condition of occupancy or admission. (6) Delinquent Federal Debt. Refer to the General Section of the SuperNOFA for information regarding delinquent Federal debt. 3. Program Requirements. By signing Form HUD–92015–CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information, you are certifying that you will comply with all program requirements listed in the General Section of the SuperNOFA as well as the following requirements: a. Statutory and Regulatory Requirements. In addition to the statutory, regulatory, threshold and public policy requirements listed in the General Section of this SuperNOFA, you must comply with all statutory and regulatory requirements listed in Sections I and III of this program NOFA. b. Application/Project Size Limits. (1) Application Limits Applicable to Sponsors or Co-Sponsors. A Sponsor or Co-sponsor may not apply for more than 200 units of housing for the elderly in a single Hub or more than 10 percent of the total units allocated to all HUD offices. Affiliated entities (organizations that are branches or offshoots of a parent organization) that submit separate PO 00000 Frm 00220 Fmt 4701 Sfmt 4703 applications are considered a single entity for the purpose of this limit. (2) Maximum Project Size. No single application may propose the development of a project for more than the number of units allocated to a local HUD office (in either the metropolitan or nonmetropolitan allocation category, depending on the location of your proposed project) or 125 units, whichever is less. For example, the local HUD office, which has jurisdiction over the area of your proposed project, was allocated 80 units (metropolitan) and 20 units (nonmetropolitan) for a total of 100 units. You cannot apply for more than 80 units if your proposed project is in a metropolitan area and no more than 20 units if the project is in a nonmetropolitan area. (3) Minimum Project Size. The minimum number of units that can be applied for in one application is five units. If the proposed project will be a scattered-site development, the five-unit minimum requirement will apply to each site. c. Minimum Capital Investment. If selected, you must provide a minimum capital investment of one-half of one percent of the HUD-approved capital advance amount, not to exceed $10,000 in accordance with § 891.145, with the following exception. If you, as Sponsor or Co-Sponsor, have one or more Section 202 or one or more Section 811 project(s) under reservation, construction, or management in two or more different HUD geographical regions (Hubs), the minimum capital investment shall be one half of one percent of the HUD-approved capital advance amount, not to exceed $25,000. d. Accessibility. Your project must meet accessibility requirements published at 24 CFR 891.120, 24 CFR 891.210, and Section 504 of the Rehabilitation Act of 1973, and, if new construction, the design and construction requirements of the Fair Housing Act and HUD’s implementing regulations at 24 CFR part 100. In addition, 24 CFR 8.4(b)(5) prohibits the selection of a site or location which has the purpose or effect of excluding persons with disabilities from the federally assisted program or activity. HUD will award higher points to applications that add accessible design features beyond those required under civil rights laws and regulations. Refer to Section V.A. below and the General Section of the SuperNOFA for information regarding the policy priority of encouraging accessible design. e. Conducting Business in Accordance with HUD Core Values and Ethical Standards. You are not subject to the E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices requirements of 24 CFR parts 84 and 85 as outlined in the General Section of the SuperNOFA, except that the disposition of real property may be subject to 24 CFR part 84. However, you are still subject to the core values and ethical standards as they relate to the conflict of interest provisions in 24 CFR 891.130. To ensure compliance with the program’s conflict of interest provisions, you are required to sign a Conflict of Interest Resolution and include it in your Section 202 application. Further, if awarded a Section 202 fund reservation, the officers, directors, board members, trustees, stockholders and authorized agents of the Section 202 Sponsor and Owner entities will be required to submit to HUD individual certifications regarding compliance with HUD’s conflict of interest requirements. f. National Environmental Policy Act. You must comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and applicable related environmental authorities at 24 CFR 50.4, HUD’s programmatic implementing regulations at 24 CFR part 50 and 24 CFR 891.155(b), especially, but not limited to, the provision of information to HUD at 24 CFR 50.31(b) and you must comply with any environmental ‘‘conditions and safeguards’’ at 24 CFR 50.3(c). Under 24 CFR part 50, HUD has the responsibility for conducting the environmental reviews. HUD cannot approve any site unless it first completes the environmental review. In rare cases where HUD is not able to complete the environmental review, it is due to a complex environmental issue that could not be resolved during the time period allocated for application processing. Thus, HUD requires you to attempt to obtain comments from the State/Tribal Historic Preservation Officer (see Exhibit 4(d)(ix) of Section IV.B. below) to help HUD complete the environmental review on time. It is also why HUD may contact you for additional environmental information. So that you can review the type of information that HUD needs for its preparation of the environmental review as well as the type of information requests that HUD may make to you, you are invited to go to the following Web site to view the HUD form 4128, including the Sample Field Notes Checklist, which HUD uses to record the environmental review: www.hud.gov/ utilities/intercept.cfm?/offices/cpd/ energyenviron/environment/ compliance/forms/4128.pdf. g. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors’ Labor VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Relations on Federal and Federally Funded Construction Projects. Refer to the General Section of the SuperNOFA for information regarding Executive Order 13202. h. Fair Housing Requirements. Refer to the General Section of the SuperNOFA for information regarding fair housing requirements. i. Economic Opportunities for Low and Very Low-Income Persons (Section 3). You must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low and Very LowIncome Persons) and its implementing regulations at 24 CFR part 135. You must ensure that training, employment and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very lowincome persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low-income persons. To comply with Section 3 requirements you are hereby certifying that you will strongly encourage your general contractor and subcontractors to participate in local apprenticeship programs or training programs registered or certified by the Department of Labor’s Office of Apprenticeship, Training, Employer and Labor Services or recognized State Apprenticeship Agency. j. Design and Cost Standards. You must comply with HUD’s Section 202 design and cost standards (24 CFR 891.120 and 891.210), the Uniform Federal Accessibility Standards (24 CFR 40.7), Section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 CFR part 8, and for covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act and HUD’s implementing regulations at 24 CFR part 100, and, where applicable, the Americans with Disabilities Act of 1990. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD’s affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Although it is not a requirement, you are nonetheless encouraged to promote energy efficiency PO 00000 Frm 00221 Fmt 4701 Sfmt 4703 14195 in design and operations and your application will receive one (1) point if you describe your plans for doing so in the proposed project. You are urged especially to purchase and use Energy Star-labeled products. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate-income renters on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see https://www.energystar.gov or call 1– 888–STAR–YES (1–888–782–7937) or for the hearing-impaired, 1–888–588– 9920 TTY. k. Formation of Owner Corporation. You must form an Owner entity (in accordance with 24 CFR 891.205) after issuance of the capital advance fund reservation and must cause the Owner entity to file a request for determination of eligibility and a request for capital advance, and must provide sufficient resources to the Owner entity to ensure the development and long-term operation of the project, including capitalizing the Owner entity at firm commitment processing in an amount sufficient to meet its obligations in connection with the project over and above the capital advance amount. l. Davis-Bacon. You must comply with the Davis-Bacon requirements (12 U.S.C. 1701q(j)(5)) and the Contract Work Hours and Safety Standards Act in accordance with 24 CFR 891.155(d). IV. Application and Submission Information A. Addresses to Request Application Package All information required to complete and return a valid application is included in the General Section and this program section of the SuperNOFA, including appendices. Copies of the General Section, this program section, and the required forms and appendices are available and may be downloaded from the Grants.gov Web site at https:// www.grants.gov. You may request general information, copies of the General Section and program section of the SuperNOFA (including appendices), and required forms from the NOFA Information Center (800–HUD–8929 or 800–HUD– 2209 (TTY)) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. Be sure to provide your name, address (including zip code), and telephone number (including area code). E:\FR\FM\21MRBK3.000 21MRBK3 14196 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices B. Content and Form of Application Submission The exhibits to be included in your application are contained in the body of this program section of the SuperNOFA. There will not be a separate Application Kit provided this year. Before preparing your application, you should carefully review the requirements of the regulations (24 CFR part 891) and general program instructions in Handbook 4571.3 REV–1, Section 202 Capital Advance Program for Housing the Elderly. Note: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all information supplied in the application submission. (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.) The Application for a Section 202 Capital Advance consists of four parts with a total of eight Exhibits. Included with the eight Exhibits are prescribed forms, certifications and resolutions. The components of the Application are: Part 1—Application Form for Section 202 Supportive Housing—Capital Advance (Exhibit 1). Part 2—Your Ability to Develop and Operate the Proposed Project (Exhibits 2 and 3). Part 3—The Need for Supportive Housing for the Target Population in the Area to be Served, Site Control and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (Exhibits 4 and 5). Part 4—General Application Requirements, Certifications and Resolutions (Exhibits 6 through 8). Appendix A—Listing of Local HUD Offices. Appendix B—Letter Requesting SHPO/ THPO Review. Appendix C—Supplemental to Choosing an Environmentally Safe Site. Your application must include all of the information, materials, forms, and exhibits listed below (unless you were selected for a Section 202 fund reservation within the last three funding cycles). If you qualify for this exception, you are not required to submit the information described in Exhibits 2(a), (b), and (c), which are the articles of incorporation, (or other organizational documents), by-laws, and the IRS tax VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 exemption, respectively. If there has been a change in any of these documents since your previous HUD approval, you must submit the updated information in your application. The local HUD office will verify your indication of previous HUD approval by checking the project number and approval status with the appropriate local HUD office based on the information submitted. In addition to this relief of paperwork burden in preparing applications, you will be able to use information and exhibits previously prepared for prior applications under Section 202, Section 811, or other funding programs. Examples of exhibits that may be readily adapted or amended to decrease the burden of application preparation include, among others, those on previous participation in the Section 202 or Section 811 programs, your experience in the provision of housing and services, supportive services plans, community ties, and experience serving minorities. For programmatic information, you MUST contact the appropriate local HUD office about the submission of applications within the jurisdiction of that Office. Note: You may propose a scattered site project in one application, in which case the minimum unit requirement per site and the maximum number of units per application as specified in Section III.C.3.b. above apply. Please submit your application using the following format provided in this program section of the SuperNOFA. Unless you received a waiver of the electronic application submission, you must number the pages of each file, narratives and other attached files. Include the name of your organization and your DUNS number on the header of each document. 1. Table of contents (This is also to be used as a checklist to assist you in submitting a complete application. For applicants who received a waiver of the electronic application submission, after your application is complete, you must insert the page number after each Exhibit or portion of the Exhibit item listed below.) a. Part I—Application Form for Section 202 Supportive Housing—Capital Advance (1) Exhibit 1: Form HUD–92015–CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information. b. Part II—Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2: Your Legal Status. PO 00000 Frm 00222 Fmt 4701 Sfmt 4703 (a) Articles of Incorporation (or other organizational documents). (b) By-laws. (c) IRS Tax Exemption Ruling. [Exception: see exhibit to determine if you may be exempt from submitting these documents.] (2) Exhibit 3: Your purpose, community ties and experience: (a) Purpose(s), current activities, how long you have been in existence. (b) Ties to the community at large, to the target population, and description of geographic areas served. (c) Local government support for project. (d) Letters of support for your organization and for the proposed project. (e) Housing and/or supportive services experience. (f) Efforts to involve target population. (g) Description of practical solutions to be implemented. (h) Project Development Timeline. (i) Description of how project will remain viable. (i) if service funds are depleted. (ii) for state-funded services, if state changes policy. (iii) if the need for project changes. (j) Description of efforts to remove barriers to affordable housing. c. Part III—The need for supportive housing for the target population in the area to be served, site control and suitability of site, adequacy of the provision of supportive services and of the proposed project (1) Exhibit 4: Project information including: (a) Evidence of need for project. (b) How project will benefit target population and community. (c) A narrative description of the project, including: (i) Building design. (ii) Whether and how project will promote energy efficiency. (iii) If applicable, description of plans and actions to create a mixed-finance project for additional units and the number of additional units. (d) Evidence of site control and permissive zoning. (i) Site control document(s). (ii) Evidence site is free of limitations, restrictions, or reverters. (iii) Evidence of permissive zoning or statement of proposed action required to make project permissible. (iv) Evidence of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) site notification requirement. (v) Narrative topographical/ demographic description of site/area E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices suitability, how site will promote greater housing opportunities for minorities/target population. (vi) Racial composition/concentration map of site. (vii) Phase I Environmental Site Assessment. (viii) Asbestos Statement or Report. (ix) Letter to State/Tribal Historic Preservation Officer (SHPO/THPO). (x) Response from SHPO/THPO or statement that SHPO/THPO failed to respond. (2) Exhibit 5: Supportive Services Plan. LV. (a) Description of services. (b) Public/private funding sources for proposed services. (c) Manner in which services will be provided. d. Part IV—General application requirements, certifications and resolutions (1) Exhibit 6: Other Applications. (a) A list of applications, if any, you are submitting to any other local HUD Office in response to the FY 2005 Section 202 or Section 811 NOFA, and required information about each. (b) A list of all FY 2004 and prior year Section 202 or Section 811 projects to which you are a party and the required information about each. (2) Exhibit 7: A statement that: (a) Identifies all persons occupying property on application submission date. (b) Indicates estimated cost of relocation payments/other services. (c) Identifies staff organization that will carry out relocation activities. (d) Identifies all persons who have moved from site within past 12 months. (3) Exhibit 8: Certifications and Resolutions: (a) Standard Form 424, Application for Federal Assistance. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. (c) Standard Form LLL, Disclosure of Lobbying Activities, if applicable. (d) Form HUD–2880, Applicant/ Recipient Disclosure/Update Report. (e) Form HUD–2991, Certification of Consistency with the Consolidated Plan. (f) Form HUD–92041, Sponsor’s Conflict of Interest Resolution. (g) Form HUD–92042, Sponsor’s Resolution for Commitment to Project. (h) Form HUD–2990, Certification of Consistency with the RC/EZ/EC–II Strategic Plan. (i) Form HUD–2530, Previous Participation Certification. (j) Form HUD–96010, Logic Model. (k) Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (l) Form HUD–96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. 2. General Applications Requirements. a. Part I—Application Form for Section 202 Supportive Housing—Capital Advance (1) Exhibit 1—Form HUD–92015–CA, Supportive Housing for the Elderly Section 202, Application for Capital Advance Summary Information. Refer to Section IV.B.3. of this program section for a copy of this form. b. Part II—Your ability to develop and operate the proposed project. (1) Exhibit 2—Evidence of your legal status (Private nonprofit or nonprofit consumer cooperative (If another organization(s) is co-sponsoring the application with you, each Co-Sponsor must also submit the following): (a) Articles of Incorporation, constitution, or other organizational documents; (b) By-laws; (c) IRS tax exemption ruling (this must be submitted by all Sponsors, including churches). [Exception: if you received a Section 202 fund reservation within the last three funding cycles, you are not required to submit the documents described in (a), (b), and (c) above. instead, submit the project number of the latest application and the local hud office to which it was submitted. if there have been any modifications or additions to the subject documents, indicate such, and submit the new material.] (2) Exhibit 3—Your purpose, community ties and experience: (a) A description of your purpose(s), current activities, and how long you have been in existence. (b) A description of your ties to the community in which your project will be located and to the minority and elderly communities in particular, including a description of the specific geographic area(s) in which you have served. (c) A description of local government support for the project (including financial assistance, donation of land, provision of services, etc.). (d) Letters of support for your organization and for the proposed project from organizations familiar with the housing and supportive services needs of the target population that you expect to serve in the proposed project. (e) A description of your housing and/ or supportive services experience. The description should include any rental housing projects and/or supportive PO 00000 Frm 00223 Fmt 4701 Sfmt 4703 14197 services facilities that you sponsored, own and/or operate, your past or current involvement in any programs other than housing that demonstrates your management capabilities (including financial management) and experience, your experience in serving the target population (the elderly and/or families and minorities); and the reasons for receiving any increases in fund reservations for developing and/or operating previously funded Section 202 or Section 811 projects. The description should include data on the facilities and services provided, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the activities. Examples of activities that could be described include housing counseling, nutrition and food services, special housing referral, screening and information projects. (f) A description of your efforts to involve members of the target population (elderly persons, including minority elderly persons) in the development of the application as well as your intent to involve the target population in the development and operation of the project. (g) A description of the practical solutions you will implement which will enable residents of your project to achieve independent living. In addition, describe the educational opportunities you will provide for the residents and how you will provide them. This description should include any activities that will enhance the quality of life for the residents. And, finally, describe how your proposed project will be an improved living environment for the residents when compared to their previous place of residence. (h) Describe your plan for completing the proposed project. Include a project development timeline which lists the major development stages for the project with associated dates that must be met in order to get the project to initial closing and start of construction within the 18-month fund reservation period as well as the full completion of the project, including final closing. Completion of Exhibit 8(j), Logic Model, will assist you in completing your response to this Exhibit. (i) Describe how you will ensure that your proposed project will remain viable as housing with the availability of supportive services for the target population for the 40-year capital advance period. This description should address the measures you would take should any of the following occur: E:\FR\FM\21MRBK3.000 21MRBK3 14198 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (i) funding for any of the needed supportive services becomes depleted; (ii) if, for any state-funded services for your project, the state changes its policy regarding the provision of supportive services to projects such as the one you propose; or (iii) if the need for housing for the population you will be serving wanes over time, causing vacancies in your project. (j) A description of the successful efforts the jurisdiction in which your project will be located has taken in removing regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority, you must complete the optional Form HUD– 27300, ‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers’’ in Exhibit 8(k) of the application AND provide the necessary URL references or submit the documentary evidence. c. Part III—The need for supportive housing for the target population, site control and suitability of site, adequacy of the provision of supportive services and of the proposed project. (1) Exhibit 4—Need and Project Information. (a) Evidence of need for supportive housing. Include a description of the category or categories of elderly persons the housing is intended to serve and evidence demonstrating sustained effective demand for supportive housing for that population in the market area to be served, taking into consideration the occupancy and vacancy conditions in existing federally assisted housing for the elderly (HUD and the Rural Housing Service (RHS)) e.g., public housing, state or local data on the limitations in activities of daily living among the elderly in the area; aging in place in existing assisted rentals; trends in demographic changes in elderly population and households; the numbers of income eligible elderly households by size, tenure and housing condition; the types of supportive services arrangements currently available in the area; and the use of such services as evidenced by data from local social service agencies or agencies on aging. Also, a description of how information in the community’s or (where applicable) the state’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues was used in documenting the need for the project. (b) A description of how the proposed project will benefit the target population and the community in which it will be located. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (c) Description of the project. (i) Narrative description of the building design including a description of the number of units with bedroom distribution, any special design features, including any features that incorporate visitability standards and universal design, amenities, and/or commercial and community spaces, and how this design will facilitate the delivery of services in an economical fashion and accommodate the changing needs of the residents over the next 10–20 years. Note: If the community spaces, amenities, or features do not comply with the project design and cost standards of 24 CFR 891.120(a) and (c) and the special standards of 24 CFR 891.210, you must demonstrate your ability and willingness to contribute both the incremental development cost and continuing operating cost associated with the community spaces, amenities, or features; (ii) Describe whether and how the project will promote energy efficiency (in accordance with the requirements set forth in Section III.C.3.j. of this program NOFA), including any plans to incorporate energy efficiency features in the operation of the project through the use of Energy Star labeled products and appliances and, if applicable, innovative construction or rehabilitation methods or technologies to be used that will promote efficient construction. (iii) If you are proposing to develop a mixed-finance project by developing additional units (i.e., in addition to the 202 units), a description of any plans and actions you have taken to create such a mixed-finance project with the use of Section 202 capital advance funds, in combination with other funding sources. Provide the number of non-Section 202 units to be included in the mixed-finance project (also provide the number of additional units in the appropriate space on Form HUD– 92015–CA). Also, provide copies of any letters you have sent seeking outside funding for the non-Section 202 units and any responses thereto. Your response to this Exhibit will be used to rate your application for Rating Factor 4.c., under Leveraging Resources. Notes: (1) A proposal to develop a mixedfinance project for additional units must occur at the application for fund reservation stage. You cannot decide after selection that you want to do a mixed-finance project for additional units. (2) If you propose to develop a mixed-finance project for additional units, you must complete the development of such a proposal. If you are later unable to develop a mixed-finance project for additional units, you will not be permitted to proceed with a Section 202 project without additional units and your fund reservation will be canceled. This is due to the fact that the project would have received points in the rating of the PO 00000 Frm 00224 Fmt 4701 Sfmt 4703 application in consideration of the additional units and, if selected for funding, a later change in the proposal to exclude the additional units would alter the fairness of the competition. (3) Section 202 capital advance amendment money will not be approved for projects proposing mixedfinancing for additional units. (4) If approved for a reservation of capital advance funds, you will be required to submit with your Firm Commitment Application, the additional documents required by HUD for mixed-finance proposals. (5) A mixedfinance project does not include the development of a mixed-use project in which the Section 202 units are mortgaged separately from the other uses of the structure. (d) Evidence of site control and permissive zoning. (i) Acceptable evidence of site control is limited to any one of the following: (A) Deed or long-term leasehold which evidences that you have title to or a leasehold interest in the site. If a leasehold, the term of the lease must be at least 50 years with renewable provisions for 25 years, except for sites on Indian trust land, in which case, the term of the lease must be at least 50 years with no requirement for extensions; (B) Contract of sale for the site that is free of any limitations affecting the ability of the seller to deliver ownership to you after you receive and accept a notice of Section 202 capital advance. (The only condition for closing on the sale can be your receipt and acceptance of the capital advance.) The contract of sale cannot require closing earlier than the Section 202 closing; (C) Option to purchase or for a longterm leasehold, which must remain in effect for six months from the date on which the applications are due, must state a firm price binding on the seller, and be renewable at the end of the sixmonth period. The only condition on which the option may be terminated is if you are not awarded a fund reservation; (D) If the site is covered by a mortgage under a HUD program, (e.g., a previously funded Section 202 or Section 811 project or an FHA-insured mortgage) you must submit evidence that consent to release the site from the mortgage has been obtained or has been requested from HUD (all required information in order for a decision on the request for a partial release of security must have been submitted to the local HUD office) and from the mortgagee, if other than HUD. Approval to release the site from the mortgage must be done before the local HUD office makes its selection recommendations to HUD Headquarters. Refer to Chapter 16 of HUD Handbook E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 4350.REV–1, Multifamily Asset Management and Project Servicing, for instructions on submitting requests to the local HUD office for partial release of security from a mortgage under a HUD program; or (E) For sites to be acquired from a public body, evidence is needed that the public body possesses clear title to the site and has entered into a legally binding agreement to lease or convey the site to you after you receive and accept a notice of Section 202 capital advance. Where HUD determines that time constraints of the funding round will not permit you to obtain all of the required official actions (e.g., approval of Community Planning Boards) that are necessary to convey publicly-owned sites, you may include in your application a letter from the mayor or director of the appropriate local agency indicating that conveyance or leasing of the site is acceptable without imposition of additional covenants or restrictions, and only contingent on the necessary approval action. Such a letter of commitment will be considered sufficient evidence of site control. Note: For this funding cycle, the existing installment contract between the Village of Hanna City, Illinois and the General Services Administration is deemed sufficient to constitute site control for the purposes of the Section 202 program. (ii) Whether you have title to the site, a contract of sale, an option to purchase, or are acquiring a site from a public body, you must provide evidence (a title policy or other acceptable evidence) that the site is free of any limitations, restrictions, or reverters which could adversely affect the use of the site for the proposed project for the 40-year capital advance period under HUD’s regulations and requirements (e.g., reversion to seller if title is transferred). If the title evidence contains restrictions or covenants, copies of the restrictions or covenants must be submitted with the application. If the site is subject to any such limitations, restrictions, or reverters, the application will be rejected. Purchase money mortgages that will be satisfied from capital advance funds are not considered to be limitations or restrictions that would adversely affect the use of the site. If the contract of sale or option agreement contains provisions that allow a Sponsor not to purchase the property for reasons such as environmental problems, failure of the site to pass inspection, or the appraisal is less than the purchase price, then such provisions are not objectionable and a Sponsor is allowed to terminate the contract of sale or the option agreement. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Note: A proposed project site may not be acquired or optioned from a general contractor (or its affiliate) that will construct the Section 202 project or from any other development team member. (iii) Evidence that the project, as proposed, is permissible under applicable zoning ordinances or regulations or a statement of the proposed action required to make the proposed project permissible and the basis for the belief that the proposed action will be completed successfully before the submission of the firm commitment application (e.g., a summary of the results of any requests for rezoning and/or the procedures for obtaining special or conditional use permits on land in similar zoning classifications and the time required for such rezoning, or preliminary indications of acceptability from zoning bodies, etc.). (iv) Evidence of compliance with the URA requirement that the seller has been provided, in writing, with the required information regarding a voluntary, arm’s length purchase transaction (i.e., (1) applicant does not have the power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property). Note: This information should have been provided before making the purchase offer. However, in those cases where there is an existing option or contract, the seller must be provided the opportunity to withdraw from the agreement or transaction, without penalty, after this information is provided. (v) Narrative describing topographical and demographic aspects of the site, the suitability of the site and area (as well as a description of the characteristics of the neighborhood), how use of the site will promote greater housing opportunities for minority elderly and elderly persons with disabilities, and how use of the site will affirmatively further fair housing. Note: You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the applicable jurisdiction’s Analysis of Impediments (AI) to Fair Housing Choice, which is a component of the jurisdiction’s Consolidated Plan or any other planning document that addresses fair housing issues. The applicable Consolidated Plan and AI may be the community’s, the county’s, or the state’s, to which input should have been provided by local community organizations, agencies in the community and residents of the community. Alternatively, a document that addresses fair housing issues and remedies to PO 00000 Frm 00225 Fmt 4701 Sfmt 4703 14199 barriers to fair housing in the community that was previously prepared by a local planning, or similar organization, may be used. Applicable impediments could include the need for improved housing quality and services for elderly minority families, lack of affirmative marketing and outreach to minority elderly persons, and the need for quality eldercare services within areas of minority concentration when compared with the type and quality of similar services and housing in nonminority areas. (vi) A map showing the location of the site, the racial composition of the neighborhood, and any areas of racial concentration. Note: For this competition, when determining the racial and ethnic composition of the neighborhood surrounding the proposed site, use data from the 2000 Census of Population. Data from the 2000 Census may be found at: www.factfinder.census.gov/servlet/ BasicFactsServlet. (vii) A Phase I Environmental Site Assessment (ESA), in accordance with the ASTM Standards E 1527–00, as amended, must be completed and submitted with the application. In order for the Phase I ESA to be acceptable, it must have been completed or updated no earlier than six months prior to the application deadline date. Therefore, it is important to start the site assessment process as soon after the publication of the NOFA as possible. If the Phase I ESA indicates possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. If the property is to be acquired from the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I ESA and applicable documentation, per the FDIC/RTC Environmental Guidelines. If you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. If the Phase II Assessment reveals site contamination, you must submit the extent of the contamination and a plan for clean-up of the site including a contract for remediation of the problem(s) and an approval letter from the applicable federal, state, and/or local agency with jurisdiction over the site to the local HUD office. The Phase II and any necessary plans for clean-up do not have to be submitted with the application but must be received by the local HUD office by June 30, 2005. If it is not received by that date, the application will be rejected. E:\FR\FM\21MRBK3.000 21MRBK3 14200 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Note: You must pay for the cost of any clean-up or remediation which can be very expensive. See Note at Section III.C.2.B(3)(c)(iii). (viii) You must submit one of the following: (A) If there is no pre-1978 structure on the site, a statement to this effect, or (B) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. Note: In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos, or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (ix) The letter you sent to the State/ Tribal Historic Preservation Officer (SHPO/THPO) initiating consultation with their office and requesting their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter that you may adapt and send to the SHPO/THPO. (x) The SHPO/THPO response to your letter or a statement that you have not received a response letter from the SHPO/THPO. (2) Exhibit 5—Supportive Services Plan. (a) A detailed description of the supportive services proposed to be provided to the anticipated occupancy. (b) A description of public or private sources of assistance that reasonably could be expected to fund the proposed services. (c) The manner in which such services will be provided to such persons (i.e., on or off-site), including whether a service coordinator will facilitate the adequate provision of such services, and how the services will meet the identified needs of the residents. Note: You may not require residents, as a condition of admission or occupancy, to accept any supportive services. d. Part IV—General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications. (a) A list of the applications, if any, you are submitting to any other local HUD office in response to the FY 2005 Section 202 or Section 811 NOFA. Indicate by local HUD office, the proposed location by city and state and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 the number of units requested for each application. (b) Include a list of all FY2004 and prior year Section 202 and Section 811 capital advance projects to which you are a party. Identify each by project number and local HUD office and include the following information: (1) whether the project has initially closed and, if so, when; (2) if the project was older than 24 months when it initially closed (specify how old) or if older than 24 months now (specify how old) and has not initially closed, provide the reasons for the delay in closing; (3) whether amendment money was or will be needed for any project in (2) above; and, (4) those projects which have not been finally closed. (2) Exhibit 7: A statement that: (a) identifies all persons (families, individuals, businesses and nonprofit organizations) by race/minority group, and status as owners or tenants occupying the property on the date of submission of the application for a capital advance. (b) indicates the estimated cost of relocation payments and other services. (c) identifies the staff organization that will carry out the relocation activities. (d) identifies all persons that have moved from the site within the past 12 months. Note: If any of the relocation costs will be funded from sources other than the Section 202 Capital Advance, you must provide evidence of a firm commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of site acquisition, relocation, construction and other project costs). (3) Exhibit 8: Certifications and Resolutions. With the exception of Form HUD–424CB and Form HUD–424CBW listed in the General Section of the SuperNOFA, and OMB Circulars A–87 and A–21, you are required to submit copies of the following: (a) Standard Form 424—Application for Federal Assistance, including a DUNS number, an indication of whether you are delinquent on any Federal debt, and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the State agency (Single Point of Contact) for state review in accordance with Executive Order 12372). A copy of this form and instructions on how to obtain a DUNS number are contained in the online application and the General Section of the SuperNOFA. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity PO 00000 Frm 00226 Fmt 4701 Sfmt 4703 for Applicants. Although the information on this form will not be considered in making funding decisions, it will assist the federal government in ensuring that all qualified applicants have an equal opportunity to compete for federal funding. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (c) Standard Form LLL—Disclosure of Lobbying Activities (if applicable). A disclosure of activities conducted to influence any federal transactions. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (d) Form HUD–2880, Applicant/ Recipient Disclosure/Update Report, including Social Security and Employee Identification Numbers. A disclosure of assistance from other government sources received in connection with the project. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (e) Form HUD–2991, Certification of Consistency with the Consolidated Plan (Plan) for the jurisdiction in which the proposed project will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the Plan to HUD. The certifications must be submitted as part of the application by the application submission deadline date set forth in the program section of the SuperNOFA. The Plan regulations are published in 24 CFR part 91. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (f) Form HUD–92041, Sponsor’s Conflict of Interest Resolution. A certified Board Resolution that no officer or director of the Sponsor or Owner has or will have any financial interest in any contract with the Owner or in any firm or corporation that has or will have a contract with the Owner, including a current listing of all duly qualified and sitting officers and directors by title and the beginning and ending dates of each person’s term. Refer to Section IV.B.3. for a copy of this Resolution. (g) Form HUD–92042, Sponsor’s Resolution for Commitment to Project. A certified Board Resolution acknowledging responsibilities of E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices sponsorship, long-term support of the project(s), your willingness to assist the Owner to develop, own, manage and provide appropriate services in connection with the proposed project, and that it reflects the will of your membership. Also, it shall indicate your willingness to fund the estimated startup expenses, the Minimum Capital Investment (one-half of one-percent of the HUD-approved capital advance, not to exceed $10,000 or for national Sponsors, not to exceed $25,000), and the estimated cost of any amenities or features (and operating costs related thereto) that would not be covered by the approved capital advance. Refer to Section IV.B.3. for a copy of this Resolution. (h) Form HUD–2990, Certification of Consistency with the RC/EZ/EC–II Strategic Plan. A certification that the project is consistent with the RC/EZ/ EC–IIs strategic plan, is located within the RC/EZ/EC–II, and serves RC/EZ/EC– II residents. (This certification is not required if the project site(s) will not be located in an RC/EZ/EC–II.) A copy of the RC/EZ/EC–II Certification form is VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 contained in the online application and the General Section of the SuperNOFA. (i) Form HUD–2530, Previous Participation Certification. This form must be submitted for the Sponsor and all of the Officers and Directors of the Board of the Sponsor, including any CoSponsor, if applicable. This form provides HUD with a certified report of all your previous participation in HUD multifamily housing projects. The information is used to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial, and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. Refer to Section IV.B.3. below for a copy of this form. (j) Form HUD–96010, Logic Model. In addition to the Project Development Timeline to be submitted in Exhibit 3(h) above, the information provided in the Logic Model will be used in rating your application for Rating Factor 5, Achieving Results and Program Evaluation. A copy of this form is PO 00000 Frm 00227 Fmt 4701 Sfmt 4703 14201 contained in the online application and the General Section of the SuperNOFA. (k) Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. This form requires you to supply a reference, URL or brief statement documenting the successful efforts in removing barriers to affordable housing by the jurisdiction in which your project will be located. This Questionnaire will be considered in the rating of your application for Rating Factor 3.j. A copy of this form is contained in the online application and the General Section. (l) Form HUD–96011, Facsimile Transmittal to be used for faxing third party letters and other documents for your electronic application in accordance with the instructions in the General Section. 3. Required Forms. In addition to the required forms that are found in the General Section as specified above, the following required forms (HUD–92015– CA, HUD–92041, HUD–92042, and HUD–2530) are specific to the Section 202 program. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00228 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.270</GPH> 14202 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00229 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14203 EN21MR05.271</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00230 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.272</GPH> 14204 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00231 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14205 EN21MR05.273</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00232 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.274</GPH> 14206 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00233 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14207 EN21MR05.275</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00234 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.276</GPH> 14208 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00235 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14209 EN21MR05.277</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14210 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices C. Submission Dates and Time Your application must be submitted and received electronically by Grants.gov no later than 11:59:59 p.m. Eastern time on May 31, 2005, unless a waiver of the electronic delivery process has been approved by HUD. Please refer to the General Section for instructions on applying for a waiver. If a waiver is granted, you must submit an original and four copies of your application on the application submission date following the mailing and timely receipt instructions in the General Section and Appendix A of this program NOFA. These instructions have changed from the 2004 SuperNOFA. D. Intergovernmental Review 1. State Review. This funding opportunity is subject to Executive Order (EO) 12372, ‘‘Intergovernmental Review of Federal Programs.’’ You must contact your State’s Single Point of Contact (SPOC) to find out about and comply with the state’s process under EO 12372. The names and addresses of the SPOCs are listed in the Office of Management and Budget’s home page at https://www.whitehouse.gov/omb/grants/ spoc.html. If required by the state, the submission to the state needs to occur before the Section 202 application submission date. It is recommended that you provide the state with sufficient time to review the application. Therefore, it is important that you consult with the SPOC for State review timeframes and take that into account when submitting the application. 2. HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have an agreement to coordinate the administration of the agencies’ respective rental assistance programs. As a result, HUD is required to notify RHS of applications for housing assistance it receives. This notification gives RHS the opportunity to comment if it has concerns about the demand for additional assisted housing and possible harm to existing projects in the same housing market area. HUD will consider RHS’ comments in its review and application selection process. E. Funding Restrictions 1. Ineligible Activities. Section 202 funds may not be used for: a. Nursing homes; b. Infirmaries; c. Medical facilities; d. Mobile homes; e. Community centers; f. Headquarters for organizations for the elderly; g. Nonhousekeeping accommodations (e.g., central dining, but without private VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 kitchens and/or bathrooms in the residential units); h. Refinancing of sponsor-owned facilities without rehabilitation, i. Housing that you currently own or lease that is occupied by elderly persons; and j. Projects licensed or to be licensed as assisted living facilities. Note: You may propose to rehabilitate an existing currently-owned or leased structure that does not already serve elderly person, except that the refinancing of any federallyfunded or assisted project or project insured or guaranteed by a Federal agency is not permissible under this Section 202 NOFA. HUD does not consider it appropriate to utilize scarce program resources to refinance projects that have already received some form of assistance under a federal program. (For example, Section 202 or Section 202/8 direct loan projects cannot be refinanced with capital advances and project rental assistance.) 2. Application Limits (Units/Projects). Refer to Section III.C.3.b. of this program section of the SuperNOFA for information applicable to the limitations on the number of units you may apply for in a single application and the project sizes. 3. Development Cost Limits. a. The following development cost limits, adjusted by locality as described in Section IV.E.3.b. below must be used to determine the capital advance amount to be reserved for projects for the elderly. Note: The capital advance funds awarded for this project are to be considered the total amount of funds that the Department will provide for the development of this project. Amendment funds will only be provided in exceptional circumstances (e.g., to cover increased costs for construction delays due to litigation or unforeseen environmental issues resulting in a change of sites) that are clearly beyond your control. Otherwise, you are responsible for any costs over and above the capital advance amount provided by the Department as well as any costs associated with any excess amenities and design features. (1) The capital advance amount for the project attributable to dwelling use (less the incremental development cost and the capitalized operating costs associated with any excess amenities and design features and other costs you must pay for) may not exceed: Non-elevator structures: $42,980 per family unit without a bedroom; $49,557 per family unit with one bedroom; $59,766 per family unit with two bedrooms. For elevator structures: $45,232 per family unit without a bedroom; $51,849 per family unit with one bedroom; PO 00000 Frm 00236 Fmt 4701 Sfmt 4703 $63,049 per family unit with two bedrooms. (2) These cost limits reflect those costs reasonable and necessary to develop a project of modest design that complies with HUD minimum property standards; the accessibility requirements of § 891.120(b); and the project design and cost standards of § 891.120 and § 891.210. b. Increased development cost limits. (1) HUD may increase the development cost limits set forth above, by up to 140 percent in any geographic area where the cost levels require, and may increase the development cost limits by up to 160 percent on a projectby-project basis. This increase may include covering additional costs to make dwelling units accessible through rehabilitation. Note: In applying the applicable high cost percentage, the local HUD Office may use a percentage that is higher or lower than that which is assigned to the local HUD Office if it is needed to provide a capital advance amount that is comparable to what it typically costs to develop a Section 202 project in that area. (2) If HUD finds that high construction costs in Alaska, Guam, the Virgin Islands, or Hawaii make it infeasible to construct dwellings, without the sacrifice of sound standards of construction, design, and livability, within the development cost limits provided in sections IV.E.3.a.(1) and IV.E.3.b.(1) above, the amount of the capital advances may be increased to compensate for such costs. The increase may not exceed the limits established under this section (including any high cost area adjustment) by more than 50 percent. 4. Commercial Facilities. A commercial facility for the benefit of the residents may be located and operated in the Section 202 project. However, the commercial facility cannot be funded with the use of Section 202 capital advance or PRAC funds. The maximum amount of space permitted for a commercial facility cannot exceed 10 percent of the total project cost. An exception to this 10 percent limitation is if the project involves acquisition or rehabilitation and the additional space was incorporated in the existing structure at the time the proposal was submitted to HUD. Commercial facilities are considered public accommodations under Title III of the Americans with Disabilities Act of 1990 (ADA), and thus must comply with all the accessibility requirements of the ADA. 5. Expiration of Section 202 Funds. The Consolidated Appropriations Act, 2005, requires HUD to obligate all Section 202 funds appropriated for FY E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 2005 by September 30, 2008. Under 31 U.S.C. Section 1551, no funds can be disbursed from this account after September 30, 2013. Under Section 202, obligation of funds occurs for both capital advances and project rental assistance upon fund reservation and acceptance. If all funds are not disbursed by HUD and expended by the project Owner by September 30, 2013, the funds, even though obligated, will expire and no further disbursements can be made from this account. In submitting an application you need to carefully consider whether your proposed project can be completed through final capital advance closing no later than September 30, 2013. Furthermore, all unexpended balances, including any remaining balance on PRAC contracts, will be cancelled as of October 1, 2013. Amounts needed to maintain PRAC payments for any remaining term on the affected contracts beyond that date will have to be funded from other current appropriations. F. Other Submission Requirements: 1. Address for Submitting Applications. Applications must be submitted electronically through the https://www.grants.gov Web site, unless the applicant receives a waiver from the electronic application submission requirement. See the General Section, Application Submission and Receipt Procedures, for information on applying online and requesting a waiver from the electronic application requirement. If you apply for and receive a waiver from the electronic application requirement, you must submit an original and four copies of your completed application to the Director of the appropriate local HUD office listed in Appendix A below. Note: Do not use the listing in Attachment B to the General Section of the SuperNOFA. V. Application Review Information A. Criteria Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which help the Department achieve its strategic goals for FY 2005. Refer to the General Section of the SuperNOFA for information regarding HUD’s Strategic Goals and Policy Priorities. For the Section 202 program, applicants who include work activities that specifically address the policy priorities of encouraging accessible design features by incorporating visitability standards and universal design, removing barriers to affordable housing, and promoting energy efficiency in design and operations will receive additional points. A Notice pertaining to VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 the removal of barriers to affordable housing was published in the Federal Register and may be downloaded from the HUD Web site at https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm. Rating Factors. HUD will rate applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements in this program Section of the SuperNOFA. The maximum number of points an application may receive under this program is 102. This includes two (2) RC/EZ/EC-II bonus points, as described in the General Section of the SuperNOFA and Section V.A.6. below. 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (25 Points). This factor addresses the extent to which you have the organizational resources to successfully implement the proposed activities in a timely manner. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(e), 5 and 6 of Section IV.B. of this program section of the SuperNOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to develop and operate the proposed housing on a long-term basis, considering the following: a. (15 points). The scope, extent, and quality of your experience in providing housing or related services to those proposed to be served by the project and the scope of the proposed project (i.e., number of units, services, relocation costs, development, and operation) in relationship to your demonstrated development and management capacity as well as your financial management capability. b. (10 points). The scope, extent and quality of your experience in providing housing or related services to minority persons or families and your ties to the community at large and to the minority and elderly communities in particular. (1) (5 points). The scope, extent, and quality of your experience in providing housing or related services to minority persons or families. (2) (5 points). The scope, extent, and quality of your ties to the community at large and to the minority and elderly communities in particular. To earn the maximum number of points under sub-criteria (b)(1) above, you must describe both your relationships over time with the minority community and significant previous experience in providing housing and/or supportive services to PO 00000 Frm 00237 Fmt 4701 Sfmt 4703 14211 minorities generally and to minority elderly in particular. For the purpose of this competition, ‘‘significant previous experience’’ means that the previous housing assistance or related services to minorities, i.e., the percentage of minorities being provided housing or related services in your current developments, was equal to or greater than the percentage of minorities in the jurisdiction where the previous housing or services occurred. To earn the maximum number of points under subcriteria (b)(2) above, you should submit materials that demonstrate your efforts to make housing available to the community at large and the minority and elderly communities in particular. Examples of documents that may be submitted to earn the maximum number of points under sub-criteria (b)(2) include copies of your affirmative marketing plan and the advertising/ outreach materials you utilize to attract minority communities (including limited English proficient communities), elderly community and the community at large. Regarding your advertising/outreach materials, you should identify when advertising/ outreach materials are circulated, whom they are circulated to, where they are circulated and how they are circulated. Descriptions of other advertising/ outreach efforts to the minority (including limited English proficient communities) and elderly communities and the dates and places of such advertising/outreach efforts should also be included. c. (¥3 to ¥5 points). HUD will deduct (except if the delay was beyond your control) 3 points if a fund reservation you received under either the Section 202 Program of Supportive Housing for the Elderly or the Section 811 Program of Supportive Housing for Persons with Disabilities in FY 2000 or later has been extended beyond 24 months, 4 points if beyond 36 months, and 5 points if beyond 48 months. Examples of such delays beyond your control include, but are not limited to, initial closing delays that are: (1) Directly attributable to HUD, (2) directly attributable to third party opposition, including litigation, and (3) due to a disaster, as declared by the President of the United States. d. (¥1 point). HUD will deduct 1 point if amendment money was required as a result of the delay (except if the delay was beyond your control). 2. Rating Factor 2: Need/Extent of the Problem (13 Points). This factor addresses the extent to which there is a need for funding the proposed activities to address a documented problem in the target area. E:\FR\FM\21MRBK3.000 21MRBK3 14212 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 4(a) and 4(b) of Section IV.B. of this program section of the SuperNOFA. HUD will take into consideration the following in evaluating this factor: The extent of the need for the project in the area based on a determination by the local HUD Office. In making this determination, HUD will consider your evidence of need in the area, as well as other economic, demographic, and housing market data available to the local HUD office. The data should include a general assessment of the current conditions in the market for the type of housing proposed, an estimate of the demand for additional housing of the type proposed in the applicable housing market area; as well as, information on the numbers and types of existing comparable Federally assisted housing units for the elderly (HUD and RHS), current occupancy in such housing and recent market experience, comparable assisted housing for the elderly under construction or for which fund reservations have been issued, and, in accordance with an agreement between HUD and RHS, comments from RHS on the demand for additional comparable subsidized housing and the possible harm to existing projects in the same housing market areas. The Department will also review more favorably those applications that establish a connection between the proposed project and the community’s Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. You must show how your proposed project will address an impediment to fair housing choice described in the AI or meet a need identified in the other type of planning document. For all Section 202 projects that are determined to have sufficient demand, HUD will rate your application based on the ratio of the number of units in the proposed project to the estimate of unmet need for housing assistance by the income eligible elderly households with selected housing conditions. Unmet need is defined as the number of very low-income elderly one-person renter households age 75 and older with housing conditions problems, as of the 2000 Census minus the number of project-based subsidized rental housing units (HUD, RHS, or LIHTC) that are affordable to very low-income elderly provided in the area since 1999. Units to be occupied by resident managers are not counted. After HUD determines the estimate of unmet need and whether a VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 connection has been made between the project and community’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice, or other planning document, HUD will rate your application as follows: a. (10 points). The area of the project has an unmet needs ratio of 15 percent or less; OR (5 points). The area of the project has an unmet needs ratio of greater than 15 percent; OR (0 points). The area of the proposed project has no unmet needs for housing assistance. b. (3 points). The extent that a connection has been established between the project and the community’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach (45 Points). This factor addresses the quality and effectiveness of your proposal and the extent to which you involved elderly persons, including elderly minority persons, in the development of the application and will involve them in the development and operation of the project, whether the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing, and whether you will promote energy efficiency in the design and operation of the proposed housing. There must be a clear relationship between your proposed design, proposed activities, the community’s needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(f), 3(j), 4(c)(i), 4(c)(ii), 4(c)(iii), 4(d)(iii), 4(d)(v), 4(d)(vi), 5, and 8(k) of Section IV.B. of this program section of the SuperNOFA. In evaluating this factor, HUD will consider the following: a. (20 points). The proximity or accessibility of the site to shopping, medical facilities, transportation, places of worship, recreational facilities, places of employment, and other necessary services to the intended occupants; adequacy of utilities and streets; freedom of the site from adverse environmental conditions; compliance with site and neighborhood standards (24 CFR 891.125(a), (d) and (e)). b. (¥1 point). The site(s) is not permissively zoned for the intended use. c. (10 points). The suitability of the site from the standpoints of promoting a greater choice of housing PO 00000 Frm 00238 Fmt 4701 Sfmt 4703 opportunities for minority elderly persons/families, and affirmatively furthering fair housing. In reviewing this criterion, HUD will assess whether the site meets the site and neighborhood standards at 24 CFR 891.125(b) and (c) by examining relevant data in your application or in the local HUD Office. Where appropriate, HUD may visit the site. (1) The site will be deemed acceptable if it increases housing choice and opportunity by expanding housing opportunities in non-minority neighborhoods (if located in such a neighborhood). The term ‘‘nonminority area’’ is defined as one in which the minority population is lower than 10 percent; or contributing to the revitalization of and reinvestment in minority neighborhoods, including improvement of the level, quality and affordability of services furnished to minority elderly. You should refer to the Site and Neighborhood Standards provisions of the regulations governing the Section 202 Supportive Housing for the Elderly program (24 CFR 891.125(b) and (c)) when considering sites for your project. (2) For the purpose of this competition, the term ‘‘minority neighborhood (area of minority concentration)’’ is defined as one where any one of the following statistical conditions exists: (a) The percentage of persons of a particular racial or ethnic minority is at least 20 points higher than the minority’s or combination of minorities’ percentage in the housing market area as a whole; (b) The neighborhood’s total percentage of minority persons is at least 20 points higher than the total percentage of minorities for the housing market as a whole; or, (c) In the case of a metropolitan area, the neighborhood’s total percentage of minority persons exceeds 50 percent of its population. d. (2 points). The extent to which your proposed design will meet the special physical needs of elderly persons. e. (2 points). The extent to which the proposed size and unit mix of the housing will enable you to manage and operate the housing efficiently and ensure that the provision of supportive services will be accomplished in an economical fashion. f. (2 points). The extent to which the proposed design of the housing will accommodate the provision of supportive services that are expected to be needed, initially and over the useful life of the housing, by the category or E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices categories of elderly persons the housing is intended to serve. g. (3 points). The extent to which the proposed supportive services meet the identified needs of the anticipated residents and that the identified supportive services will be provided on a consistent, long-term basis. h. (1 point). The extent to which the proposed design incorporates visitability standards and/or universal design in the construction or rehabilitation of the project. Refer to the General Section of the SuperNOFA for further information. i. (2 points). Your involvement of elderly persons, particularly minority elderly persons, in the development of the application and your intent to involve elderly persons, particularly minority elderly persons, in the development and operation of the project. j. (2 points). The extent to which the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing. (NOTE: To receive up to 2 points, the applicant must have submitted the optional Form HUD– 27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers, AND provided URL references or submitted the required documentary evidence.) Refer to the General Section of the SuperNOFA for further information. k. (1 point) The extent to which you will promote energy efficiency in the design and operation of the proposed housing. Refer to Section III.C.3.j. of this NOFA. 4. Rating Factor 4: Leveraging Resources (5 Points). This factor addresses your ability to secure other funding sources, including funding sources to develop a mixedfinance project for additional units for the elderly over and above the Section 202 units, if proposed, and community resources that can be combined with HUD’s program resources to achieve program purposes. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(c), 3(d), 3(e), 4(c)(iii) and 5(b) of Section IV.B. of this NOFA. a. (1 point). The extent of local government support (including financial assistance, donation of land, provision of services, etc.) for the project. b. (2 points). The extent of your activities in the community, including previous experience in serving the area where the project is to be located, and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 your demonstrated ability to enlist volunteers and raise local funds. c. (2 points). The extent of your plans to develop a mixed-finance project for additional units for the elderly over and above the Section 202 units. (1) (1 point). The proposed project involves mixed-financing for additional units in which the non-Section 202 units represent 30 percent or less of the Section 202 units in the project; OR (2) (2 points). The proposed project involves mixed-financing for additional units in which the non-Section 202 units represent over 30 percent of the Section 202 units in the project. Note: If you are proposing a mixedfinanced project for additional units over and above the Section 202 units, your application may receive a maximum of 2 points under Rating Factor 4(c). Your application will receive either 1 or 2 points under this Rating Factor, depending upon the number of nonSection 202 units to be developed in the project. If your project will not involve mixed-financing for additional units, no points will be assigned for Rating Factor 4(c). 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points) This factor reflects HUD’s goal to embrace high standards of ethics, management and accountability and, as such, emphasizes HUD’s commitment to ensuring that you keep the promises made in your application. This factor requires that you clearly identify the benefits or outcomes of your project and develop an evaluation plan to measure performance, which includes what you are going to measure, how you are going to measure it, and the steps you will have in place to make adjustments to your project development timeline should you not be able to achieve any of the major milestones. Completion of Exhibit 8(j), Logic Model, will assist you in completing your response to this rating factor. This rating factor also addresses the extent to which your project will implement practical solutions that result in residents achieving independent living, educational opportunities, and improved living environments. Finally, this factor addresses the extent to which the long-term viability of your project will be sustained for the duration of the 40-year capital advance period. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(e), 3(g), 3(h), 3(i), 6(b) and 8(j) of Section IV.B. NOFA. a. (5 points). The extent to which your project development timeline is indicative of your full understanding of PO 00000 Frm 00239 Fmt 4701 Sfmt 4703 14213 the development process and will, therefore, result in the timely development of your project. b. (2 points). The extent to which your past performance evidences that the proposed project will result in the timely development of the project. Evidence of your past performance could include the development of previous construction projects, including but not limited to Section 202 and Section 811 projects. c. (2 points). The extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living, educational opportunities, outreach regarding telemarketing fraud, and improved living environments. d. (3 points). The extent to which you demonstrated that your project will remain viable as housing with the availability of supportive services for very low-income elderly persons for the 40-year capital advance period. 6. Bonus Points (2 bonus points). Location of proposed site in an RC/EZ/ EC–II area, as described in the General Section. Submit the information responding to the bonus points in accordance with the Application Submission Requirements in Exhibit 8(h) of Section IV.B. of this NOFA. B. Reviews and Selection Process 1. Review for Curable Deficiencies. You should ensure that your application is complete before transmitting it to the following Web site: https:// www.grants.gov and, in case of a waiver of the electronic submission requirement, that you have an original and four copies before submitting it to the appropriate HUD office. Upon receipt of the application by HUD staff, HUD will screen all applications to determine if there are any curable deficiencies. For applicants receiving a waiver to submit a paper application, submitting fewer than the required original and four copies of the application is not a curable deficiency and will cause your application to be considered nonresponsive to the NOFA and returned to you. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. Refer to the General Section of the SuperNOFA for additional information regarding procedures for corrections to deficient applications. The following is a list of the only deficiencies that will be considered curable in a Section 202 application: E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices The local HUD office will notify you in writing if your application is missing any of the above exhibits or portions of exhibits and will provide you with a specified deadline to submit the information required to cure the noted deficiencies. The items identified by an asterisk (*) must be dated on or before the application submission date. If an Exhibit or portion of an Exhibit listed above as curable is not discovered as missing until technical processing, HUD will provide you with a deadline to cure the deficiency. 2. Rating. HUD will review and rate your application in accordance with the Reviews and Selection Process in the General Section of this SuperNOFA except as described in 3. Appeal Process below. Your application will be either rated or technically rejected at the end of technical review. If your application meets all program eligibility requirements after completion of technical review, including HUD VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 approval of you, the Section 202 applicant, based on HUD’s evaluation of the applicant’s previous participation activities as reported on Form HUD– 2530, Previous Participation Certification, it will be rated according to the rating factors in Section V.A. above. 3. Appeal Process. HUD will not reject your application based on technical review without notifying you of the rejection with all the reasons for rejection and providing you an opportunity to appeal. You will have 14 calendar days from the date of HUD’s written notice to appeal a technical rejection to the local HUD office. In HUD’s review of any appeal, it should be noted that in conformance with its regulations at 24 CFR part 4, subpart B, HUD will not consider any unsolicited information that you, the applicant, may want to provide. The local HUD office will make a determination on any PO 00000 Frm 00240 Fmt 4701 Sfmt 4703 appeals before making its selection recommendations. 4. Ranking and Selection Procedures. Applications submitted in response to the advertised metropolitan allocations or nonmetropolitan allocations that have a total base score of 75 points or more (without the addition of RC/EC/ EZ–II bonus points) and meet all of the applicable threshold requirements of the General Section of the SuperNOFA and this program NOFA will be eligible for selection, and HUD will place them in rank order per metropolitan or nonmetropolitan allocation. These applications, after adding any bonus points for RC/EC/EZ–II, will be selected based on rank order, up to and including the last application that can be funded out of each HUD Multifamily Program Center’s metropolitan or nonmetropolitan allocation. HUD Multifamily Program Centers will not skip over any applications in order to select one based on the funds E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.278</GPH> 14214 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices remaining. After making the initial selections in each allocation area, however, HUD Multifamily Program Centers may use any residual funds to select the next rank-ordered application by reducing the number of units by no more than 10 percent, rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, HUD will not reduce the number of units in projects of five units or less. Once this process has been completed, HUD Multifamily Program Centers may combine their unused metropolitan and nonmetropolitan funds in order to select the next highest ranked application in either category, using the unit reduction policy described above, if necessary. After the HUD Multifamily Program Centers have funded all possible projects based on the process above, combined metropolitan and nonmetropolitan residual funds from all HUD Multifamily Program Centers within each Multifamily Hub will be combined. First, these funds will be used to restore units to projects reduced by HUD Multifamily Program Centers based on the above instructions. Second, additional applications within each Multifamily Hub will be selected in rank order with only one application selected per HUD Multifamily Program Center. More than one application may be selected per HUD Multifamily Program Center if there are no approvable applications in other HUD Multifamily Program Centers within the Multifamily Hub. This process will continue until there are no more approvable applications within the Multifamily Hub that can be selected with the remaining funds. Applications may not be skipped over to select one based on funds remaining. However, the Multifamily Hub may use any remaining residual funds to select the next highest rated application by reducing the number of units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible or result in the project being less than five units. Funds remaining after the Multifamily Hub selection process is completed will be returned to Headquarters. HUD Headquarters will use these residual funds first to restore units to projects reduced by HUD Multifamily Program Centers or Multifamily Hubs as a result of the instructions for using their residual funds. Second, HUD Headquarters will use these funds for selecting applications based on HUD Multifamily Program Centers’ rankings, beginning with the highest rated application nationwide. However, after VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 restoring units to projects where necessary, priority will be given to those applications for projects in nonmetropolitan areas, if necessary to meet the statutory requirement of Section 202 of the Housing Act of 1959 pertaining to Section 202 funding in nonmetropolitan areas. Only one application will be selected per HUD Multifamily Program Center from the national residual amount. If there are no approvable applications in other HUD Multifamily Program Centers, the process will begin again with the selection of the next highest rated application nationwide. This process will continue until all approvable applications are selected using the available remaining funds. HUD Headquarters may skip over a higher-rated application in order to use as much of the available remaining funds as possible. 5. HUD Error. In the event HUD commits an error that, when corrected, would have resulted in the selection of an otherwise eligible applicant during the funding round of the SuperNOFA, HUD may select that applicant when sufficient funds become available. VI. Award Administration Information A. Award Notices 1. Agreement Letter. If you are selected to receive a Section 202 fund reservation, you will receive an Agreement Letter that stipulates the terms and conditions for the Section 202 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work towards the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award. Final closing of the capital advance is expected to occur no later than six months after completion of project construction. 2. Non-Selection Letter. If your application is approvable but unfunded due to insufficient funds or receives a rating that is below the minimum threshold score established for funding eligibility, you will receive a letter to this effect. PO 00000 Frm 00241 Fmt 4701 Sfmt 4703 14215 3. Debriefing. Refer to the General Section of the SuperNOFA for further information regarding debriefings, except that the request for a debriefing must be made to the Director of Multifamily Housing in the appropriate local HUD office. B. Administrative and National Policy Requirements 1. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. Although the Section 202 program is not subject to the provisions of 24 CFR 85.36(e) as described in the corresponding paragraph in the General Section of the SuperNOFA, you are required to comply with Executive Order 12432, Minority Business Enterprise Development and Executive Order 11625, Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise as they relate to the encouragement of HUD grantees to utilize minority business enterprises. 2. Acquisition and Relocation. You must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR part 24, and 24 CFR 891.155(e)) (URA), which covers the acquisition of sites, with or without existing structures, and with 24 CFR 8.4(b)(5) of the Section 504 regulations which prohibits discrimination based on disability in determining the site or location of a federally-assisted facility. However, you are exempt from complying with the site acquisition requirements of the URA if you do not have the power of eminent domain and prior to entering into a contract of sale, option to purchase or any other method of obtaining site control, you inform the seller of the land in writing: (1) that you do not have the power of eminent domain and, therefore, you will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property. An appraisal is not required to meet this requirement, however, your files must include an explanation (with reasonable evidence) of the basis for the estimate. Evidence of compliance with this advance notice requirement must be included in Exhibit 4(d)(iv) of your application. 3. Flood Disaster Protection Act of 1973 and Coastal Barrier Resources Act. You must comply with the requirements under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001–4128) and the Coastal Barrier Resources Act (16 U.S.C. 3601). E:\FR\FM\21MRBK3.000 21MRBK3 14216 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices C. Reporting 1. The Program Outcome Logic Model (Form HUD–96010) must be completed indicating the results achieved against the proposed output goal(s) and proposed outcomes(s) which you stated in your approved application and agreed upon by HUD. 2. The Regulatory Agreement (Form HUD–92466–CA) requires the Owner of the Section 202 project to submit an annual financial statement for the project. This financial statement must be audited by an Independent Public Accountant who is a Certified Public Accountant or other person accepted by HUD and filed electronically with HUD’s Real Estate Assessment Center (REAC) through the Financial Assessment Subsystem for Multifamily Housing (MF–FASS). The submission of annual financial statements is required throughout the 40-year term of the mortgage. 3. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget’s Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use Form HUD–27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found at https://www.hudclips.org, a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contact(s) For Technical Assistance. For technical assistance in downloading an application package from https:// www.grants.gov, contact the Grants.gov help desk at 800–518–Grants or by sending an email to support@grants.gov. For programmatic information, you may contact the appropriate local HUD office, or Evelyn Berry at HUD Headquarters at (202) 708–3000 (this is not a toll-free number), or access the Internet at https://www.hud.gov/offices/ adm/grants/fundsavail.cfm. Persons with hearing and speech impairments VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 may access the above number via TTY by calling the Federal Relay Service at 1–800–877–8339 (this is a toll-free number). VIII. Other Information A. Field Office Workshop HUD encourages minority organizations and grassroots organizations (e.g., civic organizations, faith-communities and grassroots faithbased and other community-based organizations) to participate in this program and strongly recommends that prospective applicants attend the local HUD office workshop. At the workshops, HUD will explain application procedures and requirements, as well as address concerns such as local market conditions, building codes and accessibility requirements, contamination identification and remediation, historic preservation, floodplain management, other environmental requirements, displacement and relocation, zoning, and housing costs. If you are interested in attending the workshop, make sure that your name, address and telephone number are on the appropriate local HUD office’s mailing list so that you will be informed of the date, time and place of the workshop. Persons with disabilities should call the appropriate local HUD Office to assure that any necessary arrangements can be made to enable their attendance and participation in the workshop. If you cannot attend the workshop, call the appropriate local HUD office if you have any questions concerning the submission of applications to that particular office and to request any materials distributed at the workshop. B. Satellite Broadcast HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of the application. It is strongly recommended that potential applicants, especially PO 00000 Frm 00242 Fmt 4701 Sfmt 4703 those who may be applying for Section 202 funding for the first time, tune in to this broadcast, if at all possible. Copies of the broadcast tapes are also available from the NOFA Information Center. For more information about the date and time of the broadcast, you should consult the HUD web site at https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm. C. Related Programs Funding for a related program, Section 202 Demonstration Planning Grant Program, is available to provide predevelopment grants to private nonprofit organizations and consumer cooperatives in connection with the development of housing under the Section 202 program. The announcement of the availability of funding under this program will be addressed in a separate NOFA. D. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520) and assigned OMB control number 2502– 0267. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 37.42 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits derived. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00243 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14217 EN21MR05.279</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00244 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.280</GPH> 14218 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00245 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14219 EN21MR05.281</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00246 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.282</GPH> 14220 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00247 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14221 EN21MR05.283</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00248 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.284</GPH> 14222 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00249 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14223 EN21MR05.285</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00250 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.286</GPH> 14224 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00251 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14225 EN21MR05.287</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00252 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.288</GPH> 14226 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00253 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14227 EN21MR05.289</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14228 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Section 811 Program of Supportive Housing for Persons with Disabilities (Section 811 Program) Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing B. Funding Opportunity Title: Section 811 Supportive Housing for Persons with Disabilities C. Announcement Type: Initial announcement. D. Funding Opportunity Number: OMB Approval Number: 2502–0462. The Federal Register number for this NOFA is: FR–4950–N–20. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.181, Section 811 Supportive Housing for Persons with Disabilities F. Dates: Application Submission Date: May 24, 2005. Refer to Section IV. below and the General Section for information on application submission requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. This program provides funding for the development and operation of supportive housing for very low-income persons with disabilities who are at least 18 years old. If you receive funding through this program, you must assure that supportive services are identified and available. 2. Available Funds. Approximately $95.8 million in capital advance funds, plus associated project rental assistance contract (PRAC) funds and any carryover funds available. 3. Types of Funds. Capital advance funds will cover the cost of developing the housing. PRAC funds will cover the difference between the HUD-approved operating costs of the project and the tenants’ contributions toward rent (30 percent of their adjusted monthly income). 4. Eligible Applicants. Nonprofit organizations that have a section 501(c)(3) tax exemption from the Internal Revenue Service. (See Section VI.B.6. below of this program NOFA for further details and information regarding the formation of the Owner corporation.) 5. Eligible Activities. New construction, rehabilitation, or acquisition (with or without rehabilitation) of housing. (See Section III.C.1. below of this program NOFA for further information.) 6. Match Requirements. None required. 7. Local HUD Offices. The local HUD office structure, for the purpose of implementing the Section 811 program, consists of 18 Multifamily Hub Offices. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Within the Multifamily Hubs, there are Multifamily Program Centers with the xception of the New York Hub, the Buffalo Hub, the Denver Hub and the Los Angeles Hub. All future references shall use the term ‘‘local HUD office’’ unless a more detailed description is necessary as in Limitations on Applications and Ranking and Selection Procedures, below. Full Text of Announcement I. Funding Opportunity Description A. Program Description. HUD provides capital advances and contracts for project rental assistance in accordance with 24 CFR part 891. Capital advances may be used for the construction or rehabilitation of a structure or acquisition of a structure with or without rehabilitation (including structures from the Federal Deposit Insurance Corporation (FDIC)), to be developed into a variety of housing options described in Section III.C. Capital advance funds bear no interest and are based on development cost limits in Section IV.E.3. Repayment of the capital advance is not required as long as the housing remains available for occupancy by very low-income persons with disabilities for at least 40 years. PRAC funds are used to cover the difference between the tenants’ contributions toward rent (30 percent of adjusted income) and the HUDapproved cost to operate the project. B. Authority. 42 U.S.C. 8013 (Section 811 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101– 625, approved November 28, 1990)(NAHA), as amended by the Housing and Community Development Act of 1992) (Pub. L. 102–550, approved October 28, 1992)(HCD Act of 1992); the Rescissions Act (Pub. L. 104–19, approved July 27, 1995); the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106– 569, approved December 27, 2000) and the Consolidated Appropriations Act, 2005, (Pub. L.108–447, approved December 8, 2004) authorized a new supportive housing program for persons with disabilities, and replaced assistance for persons with disabilities previously covered by section 202 of the Housing Act of 1959 (section 202 continues, as amended by section 801 of the NAHA, and the HCD Act of 1992, to authorize supportive housing for the elderly)). C. Eligible Occupancy. You may propose a Section 811 project to serve persons with physical disabilities, developmental disabilities, chronic mental illness, or any combination of PO 00000 Frm 00254 Fmt 4701 Sfmt 4703 the three as defined in 24 CFR 891.305. In addition, you may request HUD approval to restrict occupancy to a subcategory of one of these three defined categories (e.g., HIV/AIDS is a subcategory of physical disability). If restricted occupancy is approved, however, you cannot deny occupancy to any otherwise qualified person that meets the definition of the overall category of disability under which the subcategory falls. D. Calculation of Fund Reservation. If selected, you will receive a fund reservation that will consist of both a reservation of capital advance funds and a reservation of contract authority (one year) and budget authority (five years) for project rental assistance. 1. Capital advance funds. The reservation of capital advance funds is based on a formula which, for an independent living project (including condominiums), takes the development cost limit for the appropriate building type (elevator, non-elevator) and unit size(s) and multiplies it by the number of units of each size (including a unit for a resident manager, if applicable) and then multiplies the result by the high cost factor for the area. For a group home, the formula is based on the number of persons with disabilities in the appropriate disability category (excluding any unit for a resident manager since such a unit is already incorporated in the development cost limit) multiplied by the high cost factor for the area. The development cost limits can be found in Section IV.E.3. of this program section of the SuperNOFA. 2. PRAC funds. The PRAC contract authority is determined by multiplying the number of units for residents with disabilities in an independent living project or the number of residents with disabilities in a group home by the appropriate operating cost standard. The PRAC budget authority is determined by multiplying the PRAC contract authority by 5 (years). The operating cost standards will be published by Notice. II. Award Information A. Available Funds. For FY 2005, approximately $95.8 million is available for capital advances for the Section 811 Program of Supportive Housing for Persons with Disabilities. The Consolidated Appropriations Act, 2005 (Pub. L. 108–447, approved December 8, 2004) provides $240,000,000 for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities as authorized by section 811 of the National Affordable Housing Act of 1990 (NAHA); for project rental assistance for supportive housing for E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices persons with disabilities under section 811 of the NAHA, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a one-year term and for tenant-based rental assistance contracts and renewal of expiring contracts for such assistance entered into pursuant to section 811 of the NAHA, and $450,000to be transferred to the Working Capital Fund, all of which is subject to a .8% acrossthe-board rescission pursuant to Public Law 108–447. $38,890,000 will be provided for tenant-based rental assistance for persons with disabilities administered through public housing agencies (PHAs) and nonprofit organizations under the Mainstream Housing Opportunities for Persons with Disabilities Program and $50,000,000 will be provided for one-year renewal costs of Section 811 rental assistance. In accordance with the waiver authority provided in the Consolidated Appropriations Act, 2005, the Secretary is waiving the following statutory and regulatory provision: The term of the project rental assistance contract is reduced from 20 years to 5 years. HUD anticipates that at the end of the contract terms, renewals will be approved subject to the availability of funds. In addition to this provision, HUD will reserve project rental assistance contract funds based on 75 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 percent rather than on 100 percent of the current operating cost standards for approved units in order to take into account the average tenant contribution toward rent. The allocation formula used for Section 811 reflects the ‘‘relevant characteristics of prospective program participants,’’ as specified in 24 CFR 791.402(a). The FY2005 formula consists of the following data element from the 2000 Census: the number of non-institutionalized persons age 16 to 64 with a disability. The data on disability status were derived from answers to a two-part question that asked about the existence of the following long-lasting conditions: (a) blindness, deafness, or a severe vision or hearing impairment (sensory disability) and (b) a condition that substantially limits one or more basic physical activities, such as walking, climbing stairs, reaching, lifting, or carrying (physical disability); and a four-part question that asked if the individual had a physical, mental, or emotional condition lasting 6 months or more that made it difficult to perform certain activities. The four activity categories were: (a) Learning, remembering, or concentrating (mental disability); (b) dressing, bathing, or getting around inside the home (selfcare disability); (c) going outside the home alone to shop or visit a doctor’s PO 00000 Frm 00255 Fmt 4701 Sfmt 4703 14229 office (going outside the home disability); and (d) working at a job or business (employment disability). Under the Section 811 Program, each local HUD office jurisdiction receives sufficient capital advance funds for a minimum of 10 units. The total amount of capital advance funds to support this minimum set-aside is then subtracted from the total capital advance available. The remainder is fair shared to each local HUD office jurisdiction whose fair share would exceed the set-aside based on the allocation formula fair share factors described below. The fair share factors were developed by taking the count of disabilities in the data element for each state, or state portion, of each local HUD office jurisdiction as a percent of the data element from the 2000 Census, described above, for the total United States. The resulting percentage for each local HUD office is then adjusted to reflect the relative cost of providing housing among the local HUD office jurisdictions. The adjusted needs percentage for each local HUD office is then multiplied by the total amount of capital advance funds available nationwide. The Section 811 capital advance funds have been allocated, based on the formula above, to 51 local HUD offices as shown on the following chart: E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00256 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.290</GPH> 14230 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00257 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14231 EN21MR05.291</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices B. Type of Award. Capital Advance and Project Rental Assistance Contract Funds for new Section 811 applications. C. Type of Assistance Instrument. The Agreement Letter stipulates the terms and conditions for the Section 811 fund reservation award as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. D. Anticipated Start and Completion Date. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work toward the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award as indicated in the above paragraph regarding the Type of Assistance Instrument. Final closing of this capital advance is expected to occur no later than six months after completion of project construction. III. Eligibility Information A. Eligible Applicants: Nonprofit organizations with a section 501(c)(3) tax exemption from the Internal Revenue Service and who meet the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 threshold requirements contained in the General Section of the SuperNOFA and Section III.C.2. below are the only eligible applicants for this program. Applicant eligibility for purposes of applying for a Section 811 fund reservation under this NOFA has not changed; i.e., all Section 811 Sponsors and Co-Sponsors must be nonprofit organizations. However, the Owner corporation, when later formed by the Sponsor, may be (1) a single-purpose nonprofit organization that has taxexempt status under Section 501(c)(3) of the Internal Revenue Code (IRS) of 1986, OR (2) for purposes of developing a mixed-finance project pursuant to the statutory provision under Title VIII of the American Homeownership and Economic Opportunity Act of 2000, a for-profit limited partnership with a nonprofit organization that has tax exempt status under Section 501(c)(3) of the IRS code as the sole general partner. See Section IV.E.2. below regarding limits on the total number of units and projects for which you may apply for funding. B. Cost Sharing or Matching: No cost sharing or match is required; however, you are required to make a commitment to cover the estimated start-up expenses, the minimum capital investment of one half of one percent of the HUDapproved capital advance, not to exceed $10,000, and any funds required in excess of the capital advance, including the estimated cost of any amenities or PO 00000 Frm 00258 Fmt 4701 Sfmt 4703 features (and operating costs related thereto) which are not covered by the capital advance. You must make such a commitment by signing the form HUD– 92042, Sponsor’s Resolution for Commitment to Project, in Exhibit 8(g) of the application found in Section IV.B. below. C. Other: 1. Eligible Activities. Section 811 capital advance funds must be used to finance the development of housing through new construction, rehabilitation, or acquisition with or without rehabilitation. Capital advance funds may also be used in combination with other non-Section 811 funding sources leveraged by a for-profit limited partnership (of which a single-purpose nonprofit organization with a 501(c)(3) tax exemption is the sole general partner) to develop a mixed-finance project, including a mixed-finance project for additional units over and above the Section 811 units. The development of a mixed-use project in which the Section 811 units are mortgaged separately from the other uses of the structure is not considered a mixed-finance project. Project rental assistance funds are provided to cover the difference between the HUDapproved operating costs and the amount the residents pay (each resident pays 30 percent of adjusted income). The types of housing that can be developed with Section 811 capital advance funds include independent living projects, dwelling units in E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.292</GPH> 14232 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices multifamily housing developments, condominium and cooperative housing and small group homes. Note: For purposes of approving Section 811 capital advances, HUD will consider proposals involving mixed-financing for additional units over and above the Section 811 units if you have legal control of an approvable site and the additional units do not cause the project, as a whole, to exceed the project size limits if the additional units will also house persons with disabilities (unless your project will be an independent living project and you request and receive HUD approval to exceed the project size limits (See IV.B.2.c.(1)(d)(xii).) However, you must obtain funds to assist the additional units with other than PRAC funds. HUD will not provide PRAC funds for non-Section 811 units. 2. Threshold Criteria for Funding Consideration. In addition to the threshold criteria outlined in the General Section of the SuperNOFA (such as the inclusion of a DUN and Bradstreet Data Universal Numbering System (DUNS) Number on the SF–424), the following threshold requirements must be met: a. Non-Responsive Application. Your application will be considered nonresponsive to the NOFA and will not be accepted for processing if you: (1) Submit less than the required number of copies (an original and four copies are required if you requested and received approval for a waiver of the electronic submission requirement). Refer to the General Section of the SuperNOFA for information on application submission and receipt procedures; (2) Request more units than were allocated to the local HUD office that will be reviewing your application (See the allocation chart in Section II.A. above); (3) Request less than the minimum number of units for persons with disabilities in an independent living project (5 units) or a group home (2 units); (4) Request more than the maximum number of units for a group home (6 units); or (5) Request assistance for housing that you currently own or lease that has been occupied by people with disabilities for longer than one year prior to the application deadline date. b. Other Criteria. (1) You, or a CoSponsor, must have experience in providing housing or services to persons with disabilities. (2) You and any Co-Sponsor must be eligible nonprofit organizations with tax exempt status under Section 501(c)(3) of the Internal Revenue Service code. (3) Your application must contain evidence of site control or the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 identification of a site. Section 811(d)(3) of the National Affordable Housing Act requires you to provide either evidence of site control or a reasonable assurance that you will have control of a site within six months of the date of the Agreement Letter notifying you that you have been selected to receive a Section 811 fund reservation. Accordingly, you must include in your application, the required information specified below for evidence of site control, or the required information specified below under site identification as a reasonable assurance that site control will be obtained within six months of the date of the Agreement Letter. If you submit the required information for an identified site(s), you must include a specific street address for each identified site or the application will be rejected. (a) Evidence of Site Control—If you have control of a site at the time you submit your application, you must provide the information in Exhibit 4(d) in IV.B. of this program section of the SuperNOFA relative to site control; or (b) Site Identification—If you do not have site control of one or more of your sites, you must provide the information required in Exhibit 4(e) in IV.B. of this program section of the SuperNOFA under ‘‘Identification of a Site’’ for any site not under control as a reasonable assurance that site control will be obtained within six months of fund reservation notification. If your application contains evidence of site control where either the evidence or the site is not approvable, your application will not be rejected provided you indicate in your application that you are willing to seek an alternate site and provide an assurance that site control will be obtained within six months of fund reservation notification. During the selection process, all applications with acceptable evidence of site control for all proposed sites and all proposed sites that have been found approvable will be grouped in Category A. All applications that are submitted as ‘‘site identified’’ as well as those that are submitted with site control but the evidence of control and/or site(s) are not approvable (if the Sponsor indicates that it is willing to seek a different site if the proposed site is unapprovable) will be grouped in Category B. All applications in Category A will be selected before any applications are selected from Category B. See Section V.B.4. for further information on the selection process. (c) Historic Preservation. If you submit an application with evidence of site control, you are required to send a letter to the State/Tribal Historic Preservation Officer (SHPO/THPO) that PO 00000 Frm 00259 Fmt 4701 Sfmt 4703 14233 attempts to initiate consultation with their office and requests their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter to the SHPO/ THPO that you may adapt for your use, if you so choose. You must include a copy of your letter to the SHPO/THPO in your application. You must then also include in your application either: (i) The response letter(s) from the SHPO/THPO, or (ii) A statement from you that you have not received a response letter(s) from the SHPO/THPO. (d) Contamination. HUD must determine if a proposed site contains contamination and, if so, HUD must be satisfied that it is eliminated to the extent necessary to meet non sitespecific Federal, State or local health standards. If you submit an application with evidence of site control, you must assist HUD by doing the following: (i) Phase I Environmental Site Assessment (ESA)—You must submit a Phase I ESA, prepared in accordance with the ASTM Standards E 1527–00, as amended, completed or updated no earlier than six months prior to the application deadline date, in order for the application to be considered as an application with site control. The Phase I ESA must be completed and included in your application. Therefore, it is important that you start the Phase I ESA process as soon after publication of the SuperNOFA as possible. To help you choose an environmentally safe site, HUD invites you to review the document ‘‘Choosing An Environmentally Safe Site’’ which is available on HUD’s web site at https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm and the ‘‘Supplemental Guidance, Environmental Information’’ in Appendix C to this program section of the SuperNOFA. (ii) Phase II ESA—If the Phase I ESA indicates the possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. However, if you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. In order for your application to be considered as an application with site control, the Phase II must be received in the local HUD office on or before June 23, 2005. (iii) Clean-up—If the Phase II ESA reveals site contamination, the extent of E:\FR\FM\21MRBK3.000 21MRBK3 14234 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the contamination and a plan for cleanup of the site must be submitted to the local HUD office. The plan for clean-up must include a contract for remediation of the problem(s) and an approval letter from the applicable federal, state, and/ or local agency with jurisdiction over the site. In order for your application to be considered as an application with site control, this information must be received by the appropriate local HUD office on or before June 23, 2005. Note: Clean-up could be an expensive undertaking. You must pay for the cost of any clean-up and/or remediation. If the application is approved, clean-up must be completed prior to initial closing. Completion of clean-up means that HUD must be satisfied that the contamination has been eliminated to the extent necessary to meet non site-specific federal, state or local health standards, with no active or passive remediation still taking place, no capping over of any contamination, and no monitoring wells. However, it is acceptable if contamination remains solely in groundwater that is at least 25 feet below the surface. (e) Asbestos. Asbestos is a hazardous substance commonly used in building products until the late 1970s. Therefore, if you submit an application with evidence of site control, you must submit one of the following with your application: (i) If there is no pre-1978 structure on the site, a statement to this effect, or (ii) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (4) There must be a market need for the number of units proposed in the area of the project location. (5) Your application must contain a Supportive Services Plan and a Certification from the appropriate state or local agency that the Supportive Services Plan is well designed to address the individual health, mental health and other needs of persons with disabilities who will live in your proposed project. Exhibit 5 in Section IV.B. of this program section of the SuperNOFA, below, outlines the information that must be in the Supportive Services Plan. You must submit one copy of your Supportive VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Services Plan to the appropriate State or local agency well in advance of the application submission deadline date for the state or local agency to review your Supportive Services Plan and complete the Supportive Services Certification and return it to you so that you can include it in the application you submit to HUD. (i) HUD will reject your application if the Supportive Services Certification: A Is not submitted with your application and is not submitted to HUD within the 14-day cure period; or B Indicates that the provision of supportive services is not well designed to address the individual health, mental health and other needs of persons with disabilities who will live in your project; or C Indicates that the provision of supportive services will not enhance independent living success or promote the dignity of the persons with disabilities who will live in your proposed project. (ii) In addition, if the agency completing the certification will be a major funding or referral source for your proposed project or be responsible for licensing the project, HUD will reject your application if either the agency’s Supportive Services Certification indicates—or, where the agency fails to complete item 3 or 4 of the certification, HUD determines that: A You failed to demonstrate that supportive services will be available on a consistent, long-term basis; and/or B The proposed housing is not consistent with state or local agency plans/policies addressing the housing needs of people with disabilities. Any prospective resident of a Section 811 project who believes he/she needs supportive services must be given the choice to be responsible for acquiring his/her own services or to take part in your Supportive Services Plan which must be designed to meet the individual needs of each resident. You must not require residents to accept any supportive services as a condition of occupancy or admission. (6) Delinquent Federal Debt. Refer to the General Section of the SuperNOFA for information regarding delinquent federal debt. 3. Program Requirements. By signing Form HUD–92016–CA, Supportive Housing for Persons with Disabilities Section 811, Application for Capital Advance Summary Information, you are certifying that you will comply with the program requirements listed in the General Section of the SuperNOFA as well as the following requirements: a. Statutory and Regulatory Requirements. In addition to the PO 00000 Frm 00260 Fmt 4701 Sfmt 4703 statutory, regulatory, threshold and public policy requirements listed in the General Section of the SuperNOFA, you must comply with all statutory and regulatory requirements listed in Sections I and III of this program NOFA. b. Project Size Limits. (1) Independent living project. The minimum number of units for persons with disabilities that can be applied for in one application is five units for persons with disabilities. All of the units are not required to be in one structure and they may be on scattered sites. The maximum number of persons with disabilities that can be housed in an independent living project on one or adjacent sites is 14 plus one additional one-or two-bedroom unit for a resident manager, if necessary. If the proposed independent living project will be located on a site already containing housing for persons with disabilities or on an adjacent site containing such housing, the total number of persons with disabilities housed in both the existing and the proposed project cannot exceed 14. (2) Exception to project size limit for an independent living project. If you are submitting an application for an independent living project with site control, you may request an exception to the above project size limit by providing the information required in Exhibit 4(d)(xii) of Section IV.B. below in this program section of the SuperNOFA. (3) Group home. The minimum number of persons with disabilities that can reside in a group home is two, and the maximum number is six. There are no exceptions to the maximum project size limit for a group home. An additional one-bedroom unit can be provided for a resident manager. Only one person per bedroom is allowed, unless two residents choose to share one bedroom or a resident determines he/ she needs another person to share his/ her bedroom. If you are applying for more than one group home, they cannot be located on the same or adjacent sites. (4) Condominium Units. Condominium units are treated the same as units in an independent living project except that you cannot request an additional condominium unit for a resident manager. c. Minimum Capital Investment. If selected, you must provide a minimum capital investment of one-half of one percent of the HUD-approved capital advance amount, not to exceed a maximum of $10,000 in accordance with 24 CFR 891.145. d. Accessibility. Your project must meet accessibility requirements published at 24 CFR 891.120, 24 CFR 891.310 and Section 504 of the E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Rehabilitation Act of 1973, and, if new construction, the design and construction requirements of the Fair Housing Act and HUD’s implementing regulations at 24 CFR part 100. In addition, 24 CFR 8.4(b)(5) prohibits the selection of a site or location which has the purpose or effect of excluding persons with disabilities from the Federally assisted program or activity. HUD will award higher points to applications that add accessible design features beyond those required under civil rights laws and regulations. Refer to Section V.A. below and the General Section of the SuperNOFA for information regarding the policy priority of encouraging accessible design. e. Conducting Business in Accordance With Core Values and Ethical Standards. You are not subject to the requirements of 24 CFR parts 84 and 85 as outlined in the General Section of the SuperNOFA except for the disposition of real property, which may be subject to 24 CFR Part 84. However, you are still subject to the core values and ethical standards as they relate to the conflict of interest provisions in 24 CFR 891.130. To ensure compliance with the program’s conflict of interest provisions, you are required to sign a Conflict of Interest Resolution and include it in your Section 811 application. Further, if awarded a Section 811 fund reservation, the officers, directors, board members, trustees, stockholders and authorized agents of the Section 811 Sponsor and Owner entities will be required to submit to HUD individual certifications regarding compliance with HUD’s conflict of interest requirements. f. National Environmental Policy Act. You must comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and applicable related environmental authorities at 24 CFR 50.4, HUD’s programmatic implementing regulations at 24 CFR part 50 and 24 CFR 891.155(b), especially, but not limited to, the provision of information to HUD at 24 CFR 50.31(b), and you must comply with any environmental ‘‘conditions and safeguards’’ at 24 CFR 50.3(c). Under 24 CFR Part 50, HUD has the responsibility for conducting the environmental reviews. HUD cannot approve any site for which you have site control unless it first completes the environmental review. In rare cases where HUD is not able to complete the environmental review, it is due to a complex environmental issue that could not be resolved during the time period allocated for application processing. Thus, if you submit an application with evidence of site control, HUD requires VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 you to attempt to obtain comments from the State/Tribal Historic Preservation Officer (see Exhibit 4(d)(ix) of Section IV.B. below) to help HUD complete the environmental review on time. It is also why HUD may contact you for additional environmental information. So that you can review the type of information that HUD needs for its preparation of the environmental review as well as the type of information requests that HUD may make to you, you are invited to go to the following web site to view the HUD form 4128, including the Sample Field Notes Checklist, which HUD uses to record the environmental review: www.hud.gov/ utilities/intercept.cfm?/offices/cpd/ energyenviron/environment/ compliance/forms/4128.pdf. g. Lead-Based Paint. You must comply with the requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846) and implementing regulations at 24 CFR part 35. h. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors’ Labor Relations on Federal and Federally Funded Construction Projects. Refer to the General Section of the SuperNOFA for information regarding Executive Order 13202. i. Fair Housing Requirements. Refer to the General Section of the SuperNOFA for information regarding fair housing requirements. j. Economic Opportunities for Low and Very Low-Income Persons (Section 3). You must comply with Section 3 of the Housing and Urban Development Act of 1968, U.S.C. 1701u (Economic Opportunities for Low and Very LowIncome Persons) and its implementing regulations at 24 CFR part 135. You must ensure that training, employment and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very lowincome persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very-low income persons. To comply with Section 3 requirements you are hereby certifying that you will strongly encourage your general contractor and subcontractors to participate in local apprenticeship programs or training programs registered or certified by the Department of Labor’s Office of Apprenticeship, Training, Employer and Labor Services or recognized State Apprenticeship Agency. k. Design and Cost Standards. You must comply with HUD’s Section 811 PO 00000 Frm 00261 Fmt 4701 Sfmt 4703 14235 project design and cost standards (24 CFR 891.120 and 891.310), the Uniform Federal Accessibility Standards (24 CFR 40.7), Section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 CFR part 8, and for covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act and HUD’s implementing regulations at 24 CFR part 100, and, where applicable, the Americans with Disabilities Act of 1990. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA) and the Department of Energy (DoE) have signed a joint partnership to promote energy efficiency in HUD’s affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Although it is not a requirement, you are nonetheless encouraged to promote energy efficiency in design and operations and your application will receive one (1) point if you describe your plans for doing so in the proposed project. You are especially urged to purchase and use Energy Starlabeled products. Program activities can include developing Energy Star promotional and information materials, outreach to low- and moderate-income renters on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see https://www.energystar.gov or call 888–STAR–YES (1–888–782–7937) or for the hearing-impaired, 888–588–9920 TTY. l. Formation of Owner Corporation. You must form an ‘‘Owner’’ entity (in accordance with 24 CFR 891.305) after issuance of the capital advance fund reservation and must cause the Owner entity to file a request for determination of eligibility and a request for capital advance, and must provide sufficient resources to the Owner entity to ensure the development and long-term operation of the project, including capitalizing the Owner entity at firm commitment processing in an amount sufficient to meet its obligations in connection with the project over and above the capital advance amount. m. Davis-Bacon. You must comply with the Davis-Bacon Requirements (42 U.S.C. 8013(j)(6)) and the Contract Work E:\FR\FM\21MRBK3.000 21MRBK3 14236 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Hours and Safety Standards Act in accordance with 24 CFR 891.155(d). IV. Application and Submission Information A. Address to Request Application Package. All information required to complete and return a valid application is included in the General Section and this program section of the SuperNOFA, including the appendices. Copies of the General Section, this program section, the required forms, and appendices, are available and may be downloaded from the Grants.gov Web site at www.Grants.gov. You may request general information, copies of the General Section and program section of the SuperNOFA (including appendices), and required forms from the NOFA Information Center (800–HUD–8929 or 800–HUD– 2209 (TTY)) Monday through Friday, except on federal holidays. When requesting information, please refer to the name of the program you are interested in. B. Content and Form of Application Submission. The exhibits to be included in your application are contained in the body of this program section of the SuperNOFA below. There will not be a separate Application Kit provided this year. Before preparing your application, you should carefully review the requirements of the regulations (24 CFR Part 891) and general program instructions in Handbook 4571.2, Section 811 Capital Advance Program for Housing Persons with Disabilities. Note: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all information supplied in the application submission. (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.) The Application for a Section 811 Capital Advance consists of four parts with a total of eight Exhibits. Included with the eight Exhibits are prescribed forms, certifications and resolutions. The components of the Application are: Part 1—Application Form for Section 811 Supportive Housing—Capital Advance (Exhibit 1). Part 2—Your Ability To Develop and Operate the Proposed Project (Exhibits 2 and 3). Part 3—The Need for Supportive Housing for the Target Population in the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Area to be Served, Site Control and/or Identification of Site, Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (Exhibits 4 and 5). Part 4—General Application Requirements, Certifications and Resolutions (Exhibits 6 through 8). Appendix A—Listing of Local HUD Offices. Appendix B—Letter Requesting SHPO/THPO Review. Appendix C—Supplemental to Choosing An Environmentally Safe Site. Your application must include all of the information, materials, forms, and exhibits listed below (unless you were selected for a Section 811 fund reservation within the last three funding cycles). If you qualify for this exception, you are not required to submit the information described in Exhibit 2(a), (b), and (c), which are the articles of incorporation (or other organizational documents), by-laws, and the IRS tax exemption, respectively. If there has been a change in any of these documents since your previous HUD approval, you must submit the updated information in your application. The local HUD office will verify your indication of previous HUD approval by checking the project number and approval status with the appropriate local HUD office based on information submitted. In addition to this relief of paperwork burden in preparing applications, you are able to use information and exhibits previously prepared for prior applications under Section 811, Section 202, or other funding programs. Examples of exhibits that may be readily adapted or amended to decrease the burden of application preparation include, among others, those on previous participation in the Section 202 or Section 811 programs, your experience in the provision of housing and services, supportive services plans, community ties, and experience serving minorities. For programmatic information, you MUST contact the appropriate local HUD office about the submission of applications within the jurisdiction of that Office. (as well as information relating to the Phase I Environmental Site Assessment, Exhibit 4(d)(vii).) Note: You may apply for a scattered site project in one application. Please submit your application using the following format provided in this program section of the SuperNOFA. Unless you received a waiver of the electronic application submission, you must number the pages of each file, narratives and other attached files. PO 00000 Frm 00262 Fmt 4701 Sfmt 4703 Include the name of your organization and your DUNS number on the header of each document. 1. Table of Contents (This is also to be used as a checklist to assist you in submitting a complete application. For applicants who received a waiver of the electronic application submission, after your application is complete, you must insert the page number after each Exhibit or portion of the Exhibit item listed below.) a. Part I—Application Form for Section 811 Supportive Housing—Capital Advance (1) Exhibit 1: Form HUD–92016–CA, Supportive Housing for Persons with Disabilities Section 811, Application for Capital Advance Summary Information. b. Part II—Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2: Your Legal Status (a) Articles of Incorporation (or other organizational documents). (b) By-laws. (c) IRS Tax Exemption Ruling. (Exception: See Exhibit to Determine if You May be Exempt from Submitting These Documents.) (d) The number of people on your board and the number of board members who have disabilities. (2) Exhibit 3: Your purpose, community(ties) and experience: (a) Purpose(s), current activities, how long you have been in existence. (b) Ties to the community at large, to the target population, and description of geographic areas served. (c) Local government support for project. (d) Letters of support for your organization and for the proposed project. (e) Housing and/or supportive services experience. (f) Efforts to involve target population. (g) Description of practical solutions to be implemented. (h) Project Development Timeline. (i) Description of how project will remain viable. (i) if service funds are depleted. (ii) for State-funded services, if State changes policy. (iii) if the need for project changes. (j) Identification/coordination with other organizations. (k) Description of consultation with Continuum of Care organizations. (l) Description of efforts to remove barriers to affordable housing. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices c. Part III—The Need for Supportive Housing for the Target Population in the Area to be Served, Site Control and/or Identification of Site and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (1) Exhibit 4: Project information including: (a) Evidence of need for project. (b) How project will benefit target population and community. (c) A narrative description of the project, including: (i) Building design. (ii) Whether and how project will promote energy efficiency. (iii) If applicable, description of plans and actions to create a mixed-finance project for additional units and the number of additional units. Evidence of Site Control (d) Evidence of site control and permissive zoning (If you do not have site control, skip to. (e) Identification of a Site below): (i) Site control document(s). (ii) Evidence site is free of limitations, restrictions, or reverters. (iii) Evidence of permissive zoning or statement of proposed action required to make project permissible. (iv) Evidence of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) site notification requirement. (v) Narrative topographical/ demographic description of site/area suitability, how site will promote greater housing opportunities for minorities/target population. (vi) Racial composition/concentration map of site. (vii) Phase I Environmental Site Assessment. (viii) Asbestos Statement or Report. (ix) Letter to State/Tribal Historic Preservation Officer (SHPO/THPO). (x) Response from SHPO/THPO or statement that SHPO/THPO failed to respond. (xi) Willingness to seek an alternatesite. (xii) Request for exception to project size limits (if applicable)—why site was selected and (ILP with site control only): (A) Preference/acceptance of people with disabilities to live in proposed housing. (B) Increased number of people warranted by market conditions in area. (C) Compatibility of project with other residential development and population density of the area. (D) Increased number of people will not prohibit successful integration into the community. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 14237 A statement that: (a) Identifies all persons occupying property on application submission date. (b) Indicates estimated cost of relocation payments/other services. (c) Identifies staff organization that will carry out relocation activities. (d) Identifies all persons who have moved from site within past 12 months. (3) Exhibit 8: Certifications and Resolutions: (a) Standard Form 424, Application for Federal Assistance. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. (c) Standard Form LLL, Disclosure of Lobbying Activities, if applicable. (d) Form HUD–2880, Applicant/ Recipient Disclosure/Update Report. (e) Form HUD–2991, Certification of Consistency with the Consolidated Plan. (f) Form HUD–92041, Sponsor’s Conflict of Interest Resolution. (g) Form HUD–92042, Sponsor’s Resolution for Commitment to Project. (h) Form HUD–2990, Certification of Consistency with the RC/EZ/EC–II Strategic Plan. (i) Form HUD–2530, Previous Participation Certification. (j) Form HUD–92043, Certification for Provision of Supportive Services. (k) Form HUD–96010, Logic Model. (l) Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers, including any required documentation or URL references. (m) Form HUD–96011, Facsimile Transmittal, see the General Section for instructions. (E) Marketability of project in the community. (F) Project size consistent with State and/or local policies governing similar housing. (G) Willingness to have application processed at project size limit. (e) Identification of a Site. (i) Location of site. (ii) Steps undertaken to identify site; what must be done to obtain site control. (iii) Whether site is properly zoned. (iv) Status of the sale of the site. (v) Whether the site would involve relocation. (2) Exhibit 5: Supportive Services Plan: (a) Description of occupancy. (b) Request for approval to limit occupancy, if applicable, including: (i) Description of population to which occupancy will be limited. (ii) Why it is necessary to limit occupancy, including: (A) How Section 811 program goals willstill be achieved. (B) Why housing and services needs cannot be met ina more integrated setting. (iii) Experience in providing housing and/or supportive services to proposed population. (iv) How you will ensure occupants will be integrated into neighborhood and community. (c) Supportive services needs of proposed population. (d) List of community service providers with letters of intent. (e) Evidence of each service provider’s capability and experience. (f) Extent of State and local agency involvement in project. (g) Letter indicating your commitment to make services available or coordinate their availability. (h) How residents will be afforded employment opportunities. (i) Whether project will includemanager’s unit. (j) Statement that you will not condition occupancy on the resident’s acceptance of supportive services. a. Part I—Application Form For Section 811 Supportive Housing—Capital Advance (1) Exhibit 1—Form HUD–92016–CA, Supportive Housing for Persons with Disabilities Section 811 Application for Capital Advance Summary Information. Refer to Section IV.B.3. of this program section for a copy of this form. d. Part IV—General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications: (a) A list of applications, if any, you are submitting to any other local HUD Office in response to the FY 2005 Section 202 or Section 811 NOFA, and required information about each. (b) A list of all FY 2004 and prior year Section 202 or Section 811 projects to which you are a party and the required information about each. (2) Exhibit 7: Applies to applications with site control only: b. Part II—Your Ability to Develop and Operate the Proposed Project (1) Exhibit 2—Evidence of your legal status (Nonprofit with 501(c)(3) IRS tax exemption)(If another organization(s) is co-sponsoring the application with you, each Co-Sponsor must also submit the following): (a) Articles of Incorporation, constitution, or other organizational documents. (b) By-laws. (c) IRS tax exemption ruling (this must be submitted by all Sponsors, including churches). PO 00000 Frm 00263 Fmt 4701 Sfmt 4703 2. General Applications Requirements E:\FR\FM\21MRBK3.000 21MRBK3 14238 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (Exception: If you received a section 811 fund reservation within the last three funding cycles, you are not required to submit the documents described in (a), (b), and (c) above. Instead, submit the project number of the latest application and the local HUD office to which it was submitted. If there have been any modifications or additions to the subject documents, indicate such, and submit the new material.) (d) The number of people on your board and the number of board members who have disabilities. (2) Exhibit 3—Your purpose, community ties and experience: (a) A description of your purpose(s), current activities, and how long you have been in existence. (b) A description of your ties to the community in which your project will be located and to the minority and disability communities in particular, including a description of the specific geographic area(s) in which you have served. (c) A description of local government support for the project (including financial assistance, donation of land, provision of services, etc.). (d) Letters of support for your organization and for the proposed project from organizations familiar with the housing and supportive services needs of the target population (e.g., the local center for independent living, the Statewide Independent Living Council) that you expect to serve in the proposed project. (e) A description of your housing and/ or supportive services experience. The description should include any rental housing projects (including any integrated housing developments) and/ or supportive services facilities that you sponsored, own and/or operate, your past or current involvement in any programs other than housing that demonstrates your management capabilities (including financial management) and experience, your experience in serving the target population (persons with disabilities and minorities); and the reasons for receiving any increases in fund reservations for developing and/or operating previously funded Section 202 or Section 811 projects. The description should include data on the facilities and services provided, the racial/ethnic composition of the populations served, if available, and information and testimonials from residents or community leaders on the quality of the activities. Examples of activities that could be described include housing counseling, nutrition and food services, special housing referral, screening and information projects. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (f) A description of your efforts to involve members of the target population (persons with disabilities including minority persons with disabilities and persons with disabilities similar to those of the prospective residents) in the development of the application as well as your intent to involve the target population in the development and operation of the project. (g) A description of the practical solutions you will implement which will enable residents of your project to achieve independent living and economic empowerment. In addition, describe the educational opportunities you will provide for the residents and how you will provide them. This description should include the activities you will undertake to improve computer access, literacy and employment opportunities (e.g., provide programs that can teach residents how to use computers to become educated as well as achieve economic self-sufficiency through job training and placement). And, finally, describe how your proposed project will be an improved living environment for the residents when compared to their previous place of residence. (h) Describe your plan for completing the proposed project. Include a project development timeline which lists the major development stages for the project with associated dates that must be met in order to get the project to initial closing and start of construction within the 18-month fund reservation period as well as the full completion of the project, including final closing. Completion of Exhibit 8(l), Logic Model, will assist you in completing your response to this Exhibit. (i) Describe how you will ensure that your proposed project will remain viable as housing with the availability of supportive services for the target population for the 40-year capital advance period. This description should address the measures you would take should any of the following occur: (i) funding for any of the needed supportive services becomes depleted; (ii) if, for any state-funded services for your project, the state changes its policy regarding the provision of supportive services to projects such as the one you propose; or (iii) if the need for housing for the population you will be serving wanes over time, causing vacancies in your project. (j) A description of the steps you took to coordinate your application with other organizations (e.g., the local center for independent living) that will not be directly involved in your project but PO 00000 Frm 00264 Fmt 4701 Sfmt 4703 with which you share common goals and objectives, to complement and/or support the proposed project so that the project will provide a comprehensive and holistic solution to the needs of persons with disabilities. (k) A description of your efforts to consult with Continuum of Care organizations in the community where the project will be located about the ways you can assist persons with disabilities who are chronically homeless as defined in the General Section of the SuperNOFA. (l) A description of the successful efforts the jurisdiction in which your project will be located has taken in removing regulatory barriers to affordable housing. To obtain up to 2 points for this policy priority, you must complete the optional Form HUD– 27300, sbull I11‘‘Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers’’ in Exhibit 8(l) of the application AND provide the necessary URL references or submit the documentary evidence. c. Part III—The Need for Supportive Housing for the Target Population, Site Control and/or Identification of Site and Suitability of Site, Adequacy of the Provision of Supportive Services and of the Proposed Project (1) Exhibit 4—Need and Project Information (a) Evidence of need for supportive housing. Include a description of the proposed population and evidence demonstrating sustained effective demand for supportive housing for the proposed population in the market area to be served, taking into consideration the occupancy and vacancy conditions in existing comparable subsidized housing for persons with disabilities, state or local needs assessments of persons with disabilities in the area, the types of supportive services arrangements currently available in the area, and the use of such services as evidenced by data from local social service agencies. Also, a description of how information in the community’s or (where applicable) the State’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues was used in documenting the need for the project. (b) A description of how the proposed project will benefit the target population and the community in which it will be located. (c) Description of the project. (i) Narrative description of the building(s) including the number and type of structure(s), number of units with bedroom distribution if E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices independent living units including dwelling units in multifamily housing developments, condominiums and cooperatives, number of bedrooms if group home, number of residents with disabilities, and any resident manager per structure; identification of all commercial and community spaces, amenities or features planned for the housing and a description of how the spaces, amenities, or features will be used, and the extent to which they are necessary to accommodate the needs of the proposed residents. A narrative description of the building design (both interior and exterior), including any special design features, as well as any features that incorporate visitability standards and universal design. Also include a description of how the design of the proposed project will facilitate the integration of the residents into the surrounding community and promote the ability of the residents to live as independently as possible. Note: If the community spaces, amenities, or features do not comply with the project design and cost standards of 24 CFR 891.120 (a) and (c), and the special project standards of 24 CFR 891.310 (a), you must demonstrate your ability and willingness to contribute both the incremental development cost and continuing operating cost associated with the community spaces, amenities, or features; (ii) Describe whether and how the project will promote energy efficiency (in accordance with the requirements set forth in Section III.C.3.k. of this program NOFA), including any plans to incorporate energy efficiency features in the operation of the project through the use of Energy Star labeled products and appliances and, if applicable, innovative construction or rehabilitation methods or technologies to be used that will promote efficient construction. (iii) For site control applications, if you are proposing to develop a mixedfinance project by developing additional units (i.e., in addition to the 811 units), a description of any plans and actions you have taken to create such a mixedfinance project with the use of Section 811 capital advance funds, in combination with other funding sources. Provide the number of nonSection 811 units to be included in the mixed-finance project (also provide the number of additional units in the appropriate space on Form HUD–92016CA). Also, provide copies of any letters you have sent seeking outside funding for the non-Section 811 units and any responses thereto. Your response to this Exhibit will be used to rate your application for Rating Factor 4.c. under Leveraging Resources. Notes: (1) A proposal to develop a mixedfinance project for additional units must VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 occur at the application for fund reservation stage. You cannot decide after selection that you want to do a mixed-finance project for additional units. (2) If you propose to develop a mixed-finance project for additional units, you must complete the development of such a proposal. If you are later unable to develop a mixed-finance project for additional units, you will not be permitted to proceed with a Section 811 project without additional units and your fund reservation will be canceled. This is due to the fact that the project would have received points in the rating of the application in consideration of the additional units and, if selected for funding, a later change in the proposal to exclude the additional units would alter the fairness of the competition. (3) Section 811 capital advance amendment money will not be approved for projects proposing mixedfinancing for additional units. (4) If approved for a reservation of capital advance funds, you will be required to submit with your Firm Commitment Application, the additional documents required by HUD for mixed-finance proposals. (5) A mixedfinance project does not include the development of a mixed-use project in which the Section 811 units are mortgaged separately from the other uses of the structure. (6) For a Section 811 mixedfinance project, the additional units cannot cause the project to exceed the project size limit for the type of project proposed, unless you request and receive HUD approval to exceed the project size limit if the project will be an independent living project (See IV.B.2.c.(1)(d)(xii).) or the additional units will house people who do not have a disability. (d) Evidence of site control and permissive zoning. Note: If you are applying for Section 811 funding without control of any or all of your proposed sites, you must provide the information under (e) Identification of a Site below for any site you are submitting without evidence of control of that site. (i) Acceptable evidence of site control is limited to any one of the following: (A) Deed or long-term leasehold which evidences that you have title to or a leasehold interest in the site. If a leasehold, the term of the lease must be 50 years with renewable provisions for 25 years except for sites on Indian trust land, in which case, the term of the lease must be at least 50 years with no requirements for extensions; (B) Contract of sale for the site that is free of any limitations affecting the ability of the seller to deliver ownership to you after you receive and accept a notice of Section 811 capital advance. (The only condition for closing on the sale can be your receipt and acceptance of the capital advance.) The contract of sale cannot require closing earlier than the Section 811 closing; (C) Option to purchase or for a longterm leasehold, which must remain in PO 00000 Frm 00265 Fmt 4701 Sfmt 4703 14239 effect for six months from the date on which the applications are due, must state a firm price binding on the seller, and be renewable at the end of the sixth month period. The only condition on which the option may be terminated is if you are not awarded a fund reservation; (D) If the site is covered by a mortgage under a HUD program, (e.g., a previously funded Section 202 or Section 811 project or an FHA-insured mortgage) you must submit evidence that consent to release the site from the mortgage has been obtained or has been requested from HUD (all required information in order for a decision on the request for a partial release of security must have been submitted to the local HUD office) and from the mortgagee, if other than HUD Approval to release the site from the mortgage must be done before the local HUD office makes its selection recommendations to HUD Headquarters. Refer to Chapter 16 of HUD Handbook 4350.1 Rev-1, Multifamily Asset Management and Project Servicing, for instructions on submitting requests to the local HUD Office for partial release of security from a mortgage under a HUD program; or (E) For sites to be acquired from a public body, evidence is needed that the public body possesses clear title to the site and has entered into a legally binding agreement to lease or convey the site to you after you receive and accept a notice of Section 811 capital advance. Where HUD determines that time constraints of the funding round will not permit you to obtain all of the required official actions (e.g., approval of Community of Planning Boards) that are necessary to convey publicly-owned sites, you may include in your application a letter from the mayor or director of the appropriate local agency indicating that conveyance or leasing of the site is acceptable without imposition of additional covenants or restrictions, and only contingent on the necessary approval action. Such a letter of commitment will be considered sufficient evidence of site control. (ii) Whether you have title to the site, a contract of sale, an option to purchase, or are acquiring a site from a public body, you must provide evidence (a title policy or other acceptable evidence) that the site is free of any limitations, restrictions, or reverters which could adversely affect the use of the site for the proposed project for the 40-year capital advance period under HUD’s regulations and requirements (e.g., reversion to seller if title is transferred). If the title evidence contains restrictions or covenants, copies of the restrictions E:\FR\FM\21MRBK3.000 21MRBK3 14240 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices or covenants must be submitted with the application. If the site is subject to any such limitations, restrictions, or reverters, the site will be rejected and the application will be considered a ‘‘site identified’’ application. Purchase money mortgages that will be satisfied from capital advance funds are not considered to be limitations or restrictions that would adversely affect the use of the site. If the contract of sale or option agreement contains provisions that allow a Sponsor not to purchase the property for reasons such as environmental problems, failure of the site to pass inspection, or the appraisal is less than the purchase price, then such provisions are not objectionable and a Sponsor is allowed to terminate the contract of sale or the option agreement. Note: A proposed project site may not be acquired or optioned from a general contractor (or its affiliate) that will construct the Section 811 project or from any other development team member. (iii) Evidence that the project, as proposed, is permissible under applicable zoning ordinances or regulations, or a statement of the proposed action required to make the proposed project permissible and the basis for the belief that the proposed action will be completed successfully before the submission of the firm commitment application (e.g., a summary of the results of any requests for rezoning and/or the procedures for obtaining special or conditional use permits on land in similar zoning classifications and the time required for such rezoning, or preliminary indications of acceptability from zoning bodies, etc.). Note: You should be aware that under certain circumstances the Fair Housing Act requires localities to make reasonable accommodations to their zoning ordinances or regulations to offer persons with disabilities an opportunity to live in an area of their choice. If you are relying upon a theory of reasonable accommodation to satisfy the zoning requirement,then you must clearly articulate the basis for your reasonable accommodation theory. (iv) Evidence of compliance with the URA requirement that the seller has been provided, in writing, with the required information regarding a voluntary, arm’s length purchase transaction (i.e., (1) applicant does not have the power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property). Note: This information should have been provided before making the purchase offer. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 However, in those cases where there is an existing option or contract, the seller must be provided the opportunity to withdraw from the agreement or transaction, without penalty, after this information is provided.’’ (v) Narrative describing topographical and demographic aspects of the site, the suitability of the site and area (as well as a description of the characteristics of the neighborhood), how use of the site will promote greater housing opportunities for minority persons with disabilities, and how use of the site will affirmatively further fair housing. Note: You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the applicable jurisdiction’s Analysis of Impediments (AI) to Fair Housing Choice, which is a component of the jurisdiction’s Consolidated Plan or any other planning document that addresses fair housing issues. The applicable Consolidated Plan and AI may be the community’s, the county’s, or the state’s, to which input should have been provided by local community organizations, agencies in the community and residents of the community. Alternatively, a document that addresses fair housing issues and remedies to barriers to fair housing in the community that was previously prepared by a local planning, or similar organization, may be used. Applicable impediments could include a lack of units that are accessible to persons with disabilities, a lack of transportation services or other assistance that would serve persons with disabilities, or the need for improved quality and services for all persons with disabilities. (vi) A map showing the location of the site, the racial composition of the neighborhood, and any areas of racial concentration. Note: For this competition, when determining the racial and ethnic composition of the neighborhood surrounding the proposed site, use data from the 2000 Census of Population. Data from the 2000 Census may be found at www.factfinder.census.gov/servlet/ BasicFactsServlet. (vii) A Phase I Environmental Site Assessment (ESA), in accordance with the ASTM Standards E 1527–00, as amended, must be completed and submitted with the application. In order for the Phase I ESA to be acceptable, it must have been completed or updated no earlier than six months prior to the application submission date. Therefore, it is important to start the site assessment process as soon after the publication of the NOFA as possible. If the Phase I ESA indicates possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another PO 00000 Frm 00266 Fmt 4701 Sfmt 4703 site, the same Phase I ESA process identified above must be followed for the new site. If the property is to be acquired from the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I ESA and applicable documentation, per the FDIC/RTC Environmental Guidelines. If you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. If the Phase II Assessment reveals site contamination, your must submit the extent of the contamination and a plan for clean-up of the site including a contract for remediation of the problem(s) and an approval letter from the applicable federal, state and/or local agency with jurisdiction over the site to the local HUD office. The Phase II and any necessary plans for clean-up do not have to be submitted with the application but must be received in the local HUD office by June 23, 2005. If it is not received by that date, the site will be rejected and the application will be placed in Category B for selection purposes. Note: You must pay for the cost of any clean-up or remediation which can be very expensive. [See Note at Section III.C.2.ciii.] (viii) If you submit an application with evidence of site control, you must submit one of the following: (A) If there is no pre-1978 structure on the site, a statement to this effect, or (B) If there is a pre-1978 structure on the site, an asbestos report which is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. Note: In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos report indicates the presence of asbestos, or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (ix) The letter you sent to the State/ Tribal Historic Preservation Officer (SHPO/ THPO) initiating consultation with their office and requesting their review of your determinations and findings with respect to the historical significance of your proposed project. Appendix B to this program section of the SuperNOFA contains a sample letter that you mayadapt and send to the SHPO/THPO. (x) The SHPO/THPO response to your letter or a statement that you have not E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices received a response letter from the SHPO/THPO. (xi) A statement that you are willing to seek a different site if the preferred site is unapprovable and that site control will be obtained within six months of notification of fund reservation. (xii) If an exception to the project size limits is being requested, describe why the site was selected and demonstrate the following: (Only for applications for independent living projects and condominium units [not group homes] with site control) (A) People with disabilities have indicated their acceptance or preference to live in housing with as many units/ people as proposed for the project. (B) The increased number of units/ people is warranted by the market conditions in the area in which the project will be located. (C) Your project is compatible with other residential development and the population density of the area in which the project is to be located. (D) The increased number of people will not prohibit their successful integration into the community. (E) The project is marketable in the community. (F) The size of the project is consistent with state and/or local policies governing similar housing for the proposed population. (G) A statement that you are willing to have your application processed at the project size limit should HUD not approve the exception. (e) Identification of a Site. If you have identified a site, but do not have it under control, you must submit the following information: Note: If an application is submitted without evidence of site control and does not provide a specific street address for the identified site(s) (e.g., only an indication that the project will be developed in a particular part of town but a site(s) has not been chosen) the application will be rejected. (i) A description of the location of the site, including its street address, its unit number (if condominium), neighborhood/community characteristics (to include racial and ethnic data), amenities, adjacent housing and/or facilities, how the site will promote greater housing opportunities for minority persons with disabilities and affirmatively further fair housing. You can best demonstrate your commitment to affirmatively furthering fair housing by describing how your proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the community’s AI or any other planning document that addresses fair housing VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 issues. Examples of the applicable impediments include the need for improved housing quality and services for minority persons with disabilities and the need for quality services for persons with disabilities within the type and quality of similar services and housing in minority areas. (ii) A description of the activities undertaken to identify the site, as well as what actions must be taken to obtain control of the site, if approved for funding. (iii) An indication as to whether the site is properly zoned. If it is not, an indication of the actions necessary for proper zoning and whether these can be accomplished within six months of fund reservation award, if approved for funding. (iv) A status of the sale of the site. (v) An indication as to whether the site would involve relocation. (2) Exhibit 5—Supportive Services Plan Note: Your supportive services plan and the Supportive Services Certification (Exhibit 8(k)) must be sent to the appropriate state or local agency (identified by the local HUD office) far enough in advance of the application deadline date so that the agency can review the plan, complete the certification and return both to you for inclusion in your application to HUD. (a) A detailed description of whether the housing is expected to serve persons with physical disabilities, developmental disabilities, or chronic mental illness or any combination of the three. Include how and from whom/ where persons will be referred and admitted for occupancy in the project. You may, with the approval of the Secretary, restrict occupancy within housing developed under the SuperNOFA to a subcategory of one of the three main categories of disability noted above (e.g., AIDS is a subcategory of physical disability). However, the Owner must permit occupancy by any qualified person with a disability that qualifies under the applicable main category of disability. (b) If requesting approval to restrict occupancy, also submit the following: (i) A description of the population of persons with disabilities to which occupancy will be limited. (ii) An explanation of why it is necessary to restrict occupancy of the proposed project(s) to the population described in (i) above, including the following: (A) An explanation of how restricting occupancy to a subcategory of persons with disabilities promotes the goals of the Section 811 program. (B) An explanation of why the housing and/or service needs of this PO 00000 Frm 00267 Fmt 4701 Sfmt 4703 14241 population cannot be met in a more integrated setting. (iii) A description of your experience in providing housing and/or supportive services to proposed occupants. (iv) A description of how you will ensure that occupants of the proposed project will be integrated into the neighborhood and community. (c) A detailed description of the supportive service needs of the persons with disabilities that the housing is expected to serve. (d) A list of community service providers, (including consumercontrolled providers), including letters of intent to provide services to proposed residents from as many potential providers as possible. (e) The evidence of each service provider’s capability and experience in providing such supportive services (even if you will be the service provider). (f) Identification of the extent of state and/or local agency involvement in the project (i.e., funding for the provision of supportive services, referral of residents, or licensing the project). If there will be any state or local agency involvement, a description of the state/local agency’s philosophy/policy concerning housing for the population to be served and a demonstration that your application is consistent with state and/or local agency plans and policies governing the development and operation of housing for persons with disabilities. (g) If you will be making any supportive services available to the residents or will be coordinating the availability of any supportive services, a letter providing: (i) A description of the supportive services that you will make available to the residents or, if you will be coordinating the availability of any supportive services, a description of the supportive service(s) and how the coordination will be implemented; (ii) An assurance that any supportive services that you will make available to the residents will be based on their individual needs; and (iii) A commitment to make the supportive services available or coordinate their availability for the life of the project. (h) A description of how the residents will be afforded opportunities for employment. (i) An indication as to whether the project will include a unit for a resident manager. (j) A statement that you will not condition admission or occupancy on the resident’s acceptance of any supportive services. E:\FR\FM\21MRBK3.000 21MRBK3 14242 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices d. Part IV—General Application Requirements, Certifications and Resolutions (1) Exhibit 6: Other Applications (a) A list of the applications, if any, you are submitting to any other local HUD office in response to the FY 2005 Section 202 or Section 811 NOFA. Indicate by local HUD office, the proposed location by city and state and the number of units requested for each application. (b) Include a list of all FY2004 and prior year Section 202 and Section 811 capital advance projects to which you are a party. Identify each by project number and local HUD office and include the following information: (1) whether the project has initially closed and, if so, when; (2) if the project was older than 24 months when it initially closed (specify how old) or if older than 24 months now (specify how old) and has not initially closed, provide the reasons for the delay in closing; (3) whether amendment money was or will be needed for any project in (2) above; and, (4) those projects which have not been finally closed. (2) Exhibit 7: A statement that: (applicable to applications with site control only) (a) identifies all persons (families, individuals, businesses and nonprofit organizations) by race/minority group, and status as owners or tenants occupying the property on the date of submission of the application for a capital advance. (b) indicates the estimated cost of relocation payments and other services. (c) identifies the staff organization that will carry out the relocation activities. (d) identifies all persons that have moved from the site within the past 12 months. [Note: If any of the relocation costs will be funded from sources other than the section 811 capital advance, you must provide evidence of a firm commitment of these funds. When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of site acquisition, relocation, construction and other project costs).] (3) Exhibit 8: Certifications and Resolutions—With the exception of Form HUD–424CB and Form HUD– 424CBW listed in the General Section of the SuperNOFA, and OMB Circulars A– 87 and A–21, you are required to submit copies of the following: (a) Standard Form 424—Application for Federal Assistance, including a DUNS number, an indication of whether you are delinquent on any federal debt, VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 and compliance with Executive Order 12372 (a certification that you have submitted a copy of your application, if required, to the State agency (Single Point of Contact) for state review in accordance with Executive Order 12372). A copy of this form and instructions on how to obtain a DUNS number are contained in the online application and the General Section of the SuperNOFA. (b) Standard Form 424 Supplement, Survey on Ensuring Equal Opportunity for Applicants. Although the information on this form will not be considered in making funding decisions, it will assist the federal government in ensuring that all qualified applicants have an equal opportunity to compete for federal funding. A copy of this form is contained in the online application and the General Section of the NOFA. (c) Standard Form LLL—Disclosure of Lobbying Activities (if applicable). A disclosure of activities conducted to influence any federal transactions. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (d) Form HUD–2880, Applicant/ Recipient Disclosure/Update Report, including Social Security and Employee Identification Numbers. A disclosure of assistance from other government sources received in connection with the project. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (e) Form HUD–2991, Certification of Consistency with the Consolidated Plan (Plan), for the jurisdiction in which the proposed project will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the state, or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan. All certifications must be made by the public official responsible for submitting the Plan to HUD. The certifications must be submitted as part of the application by the application submission deadline date set forth in this program section of the SuperNOFA. The Plan regulations are published in 24 CFR part 91. A copy of this form is contained in the online application and the General Section of the SuperNOFA. (f) Form HUD–92041, Sponsor’s Conflict of Interest Resolution. A certified Board Resolution that no officer or director of the Sponsor or Owner has or will have any financial PO 00000 Frm 00268 Fmt 4701 Sfmt 4703 interest in any contract with the Owner or in any firm or corporation that has or will have a contract with the Owner, including a current listing of all duly qualified and sitting officers and directors by title and the beginning and ending dates of each person’s term. Refer to Section IV.B.3. below for a copy of this Resolution. (g) Form HUD–92042, Sponsor’s Resolution for Commitment to Project. A certified Board Resolution acknowledging responsibilities of sponsorship, long-term support of the project(s), your willingness to assist the Owner to develop, own, manage and provide appropriate services in connection with the proposed project, and that it reflects the will of your membership. Also, it shall indicate your willingness to fund the estimated startup expenses, the Minimum Capital Investment (one-half of one-percent of the HUD-approved capital advance, not to exceed $10,000), and the estimated cost of any amenities or features (and operating costs related thereto) that would not be covered by the approved capital advance. Refer to Section IV.B.3.below for a copy of this Resolution. (h) Form HUD–2990, Certification of Consistency with the RC/EZ/EC Strategic Plan. A certification that the project is consistent with the RC/EZ/ EC–IIs strategic plan, is located within the RC/EZ/EC–II, and serves RC/EZ/EC– II residents. (This certification is not required if the project site(s) will not be located in an RC/EZ/ECII.) A copy of the RC/EZ/EC–II Certification form is contained in the online application and the General Section of the SuperNOFA. (i) Form HUD–2530, Previous ParticipationCertification. This form must be submitted for the Sponsor and all of the Officers and Directors of the Board of the Sponsor, including any CoSponsor, if applicable. This form provides HUD with a certified report of all your previous participation in HUD multifamily housing projects. The information is used to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. Refer to Section IV.B.3. below for a copy of this form. (j) Form HUD–92043, Certification for Provision of Supportive Services. A certification from the appropriate state or local agency (identified in the application or obtained from the local HUD office), indicating whether the: (i) Provision of supportive services is well designed to serve the needs of E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices persons with disabilities the housing is expected to serve; (ii) The provision of supportive services will enhance independent living success and promote the dignity of those who will access your proposed project; (iii) Supportive services will be available on a consistent, long-term basis; and (iv) Proposed housing is consistent with state or local plans and policies addressing the housing needs of people with disabilities if the state or local agency will provide funding for the provision of supportive services, refer residents to the project or license the project. (The name, address, and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 telephone number of the appropriate agency can also be obtained from the appropriate local HUD Office.) Refer to Section IV.B.3. below for a copy of this form. (k) Form HUD–96010, Logic Model. In addition to the Project Development Timeline to be submitted in Exhibit 3(h) above, the information provided in the Logic Model will be used in rating your application for Rating Factor 5, Achieving Results and Program Evaluation. A copy of this form is contained in the online application and the General Section of the NOFA. (l) Form HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. This form requires PO 00000 Frm 00269 Fmt 4701 Sfmt 4703 14243 you to supply a reference, URL or brief statement documenting the successful efforts in removing barriers to affordable housing by the jurisdiction in which your project will be located. This Questionnaire will be considered in the rating of your application for Rating Factor 3.j. A copy of this form is contained in the online application and the General Section of the NOFA. 3. Required Forms. In addition to the required forms that are found in the General Section as specified above, the following required forms (HUD–92016CA, HUD–92041, HUD–92042, HUD– 2530, and HUD–92043) are specific to the Section 811 program. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00270 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.293</GPH> 14244 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00271 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14245 EN21MR05.294</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00272 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.295</GPH> 14246 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00273 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14247 EN21MR05.296</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00274 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.297</GPH> 14248 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00275 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14249 EN21MR05.298</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00276 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.299</GPH> 14250 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00277 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14251 EN21MR05.300</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00278 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.301</GPH> 14252 C. Submission Dates and Time. Your application must be submitted and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 received electronically by Grants.gov no later than 11:59:59 PM eastern time on PO 00000 Frm 00279 Fmt 4701 Sfmt 4703 14253 the application submission date, unless a waiver of the electronic delivery E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.302</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14254 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices process has been approved by HUD. Please refer to the General Section for instructions on applying for a waiver. If a waiver is granted you must submit an original and four copies of your application on the application submission date following the mailing and timely receipt instructions in the General Section and Appendix A of this NOFA. These instructions have changed from the 2004 SuperNOFA. D. Intergovernmental Review. 1. State Review. This funding opportunity is subject to Executive Order (EO) 12372, ‘‘Intergovernmental Review of Federal Programs.’’ You must contact your State’s Single Point of Contact (SPOC) to find out about and comply with the state’s process under EO 12372. The names and addresses of the SPOCs are listed in the Office of Management and Budget’s web site at https:// www.whitehouse.gov/omb/grants/ spoc.html. If required by the state, the submission to the state needs to occur before the Section 811 application due date. It is recommended that you provide the state with sufficient time to review the application. Therefore, it is important that you consult with the SPOC for state review time frames and take that into account when submitting the application. 2. HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have an agreement to coordinate the administration of the agencies’ respective rental assistance programs. As a result, HUD is required to notify RHS of applications for housing assistance it receives. This notification gives RHS the opportunity to comment if it has concerns about the demand for additional assisted housing and possible harm to existing projects in the same housing market area. HUD will consider RHS comments in its review and application selection process. E. Funding Restrictions: 1. Ineligible Activities. Section 811 funds may not be used for any of the following: a. Supportive Services b. Housing that you currently own or lease that has been occupied by people with disabilities for longer than one year prior to the application deadline date; c. Nursing homes, infirmaries and medical facilities; d. Transitional housing; e. Mobile homes; f. Intermediate care facilities; g. Assisted living facilities; h. Community centers, with or without special components for use by persons with disabilities; i. Sheltered workshops and centers for persons with disabilities; j. Headquarters for organizations for persons with disabilities; and VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 k. Refinancing of Sponsor-owned facilities without rehabilitation. Note: You may propose to rehabilitate an existing currently-owned or leased structure (if the structure already serves persons with disabilities, it cannot have operated as housing for persons with disabilities for longer than one year prior to the application deadline date) , however, the refinancing of any federally funded or assisted project or project insured or guaranteed by a federal agency is not permissible under this Section 811 NOFA. HUD does not consider it appropriate to utilize scarce program resources to refinance projects that have already received some form of assistance under a federal program or that have been operating as housing for persons with disabilities for longer than one year prior to the application deadline date. (For example, Section 202, Section 202/8 or Section 202/ PAC direct loan projects cannot be refinanced with capital advances and project rental assistance.) 2. Application Limits (Units/Projects). A Sponsor or Co-Sponsor may not apply for more than 70 units of housing or 4 projects (whichever is less) for persons with disabilities in a single Hub or more than 10 percent of the total units allocated to all local HUD offices. Affiliated entities (organizations that are branches or offshoots of a parent organization) that submit separate applications are considered a single entity for the purpose of these limits. In addition, no single application may propose more units in a given local HUD office than allocated for the Section 811 program in that local HUD office. If the proposed project will be an independent living project, your application must request at least five units for persons with disabilities, not necessarily in one structure. If your proposed project will be a group home, you must request at least two units for persons with disabilities per group home. If your proposed project will be a combination of an independent living project and a group home, your application must request at least the minimum number of units for each project type (i.e., 5 units for an independent living project and 2 units for a group home). 3. Development Cost Limits. a. The following development cost limits, adjusted by locality as described in Section IV.E.3.b. below must be used to determine the capital advance amount reserved for projects for persons with disabilities. Note: The capital advance funds awarded for this project are to be considered the total amount of funds that the Department will provide for the development of this project. Amendment funds will only be provided in exceptional circumstances (e.g., to cover increased costs for construction delays due to PO 00000 Frm 00280 Fmt 4701 Sfmt 4703 litigation or unforeseen environmental issues resulting in a change of sites) that are clearly beyond your control. Otherwise, you are responsible for any costs over and above the capital advance amount provided by the Department as well as any costs associated with any excess amenities and design features. (1) For independent living projects and dwelling units in multifamily housing developments, condominium and cooperative housing: The capital advance amount for the project attributable to dwelling use (less the incremental development cost and the capitalized operating costs associated with any excess amenities and design features and other costs you must pay for) may not exceed: Non-elevator structures: $42,980 per family unit without a bedroom; $49,557 per family unit with one bedroom; $59,766 per family unit with two bedrooms; $76,501 per family unit with three bedrooms; $85,225 per family unit with four bedrooms. For elevator structures: $45,232 per family unit without a bedroom; $51,849 per family unit with one bedroom; $63,049 per family unit with two bedrooms; $81,563 per family unit with three bedrooms; $89,531 per family unit with four bedrooms. (2) For group homes only (the development cost limits are capped by type of occupancy and number of person with disabilities): TYPE OF DISABILITY Residents 2 3 4 5 6 ................. ................. ................. ................. ................. Physical/Developmental $172,303 185,287 198,273 211,257 224,228 Chronic mental illness $166,325 178,860 189,995 201,130 212,265 (3) These cost limits reflect those costs reasonable and necessary to develop a project of modest design that complies with HUD minimum property standards; the minimum group home requirements of 24 CFR 891.310(a) (if applicable); the accessibility requirements of 24 CFR 891.120(b) and 891.310(b); and the project design and cost standards of 24 CFR 891.120. b. Increased development cost limits. (1) HUD may increase the development cost limits set forth above, E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices by up to 140 percent in any geographic area where the cost levels require, and may increase the development cost limits by up to 160 percent on a projectby-project basis. This increase may include covering additional costs to make dwelling units accessible through rehabilitation. Note: In applying the applicable high cost percentage, the local HUD office may use a percentage that is higher or lower than that which is assigned to the local HUD office if it is needed to provide a capital advance amount that is comparable to what it typically costs to develop a Section 811 project in that area. (2) If HUD finds that high construction costs in Alaska, Guam, the Virgin Islands or Hawaii make it infeasible to construct dwellings, without the sacrifice of sound standards of construction, design, and livability, within the development cost limits provided in Section IV.E.3.a.(1) and IV.E.3.b.(1) above, the amount of capital advances may be increased to compensate for such costs. The increase may not exceed the limits established under this section (including any high cost area adjustment) by more than 50 percent. (3) For group homes only, local HUD offices may approve increases in the development cost limits in Section IV.E.3.a.(2), above, in areas where you can provide sufficient documentation that high land costs limit or prohibit project feasibility. An example of acceptable documentation is evidence of at least three land sales that have actually taken place (listed prices for land are not acceptable) within the last two years in the area where your project is to be built. The average cost of the documented sales must exceed ten percent of the development cost limit for your project in order for an increase to be considered. 4. Commercial Facilities. A commercial facility for the benefit of the residents may be located and operated in the Section 811 project. However, the commercial facility cannot be funded with the use of Section 811 capital advance or PRAC funds. The maximum amount of space permitted for a commercial facility cannot exceed 10 percent of the total project cost. An exception to this 10 percent limitation is if the project involves acquisition or rehabilitation and the additional space was incorporated in the existing structure at the time the proposal was submitted to HUD. Commercial facilities are considered public accommodations under Title III of the Americans with Disabilities Act of 1990 (ADA), and thus must comply with all the accessibility requirements of the ADA. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 5. Expiration of Section 811 Funds. The Consolidated Appropriations Act, 2005, requires HUD to obligate all Section 811 funds appropriated for FY 2005 by September 30, 2008. Under 31 U.S.C. 1551, no funds can be disbursed from this account after September 30, 2013. Under Section 811, obligation of funds occurs for both capital advances and project rental assistance upon fund reservation and acceptance. If all funds are not disbursed by HUD and expended by the project Owner by September 30, 2013, the funds, even though obligated, will expire and no further disbursements can be made from this account. In submitting an application, you need to carefully consider whether your proposed project can be completed through final capital advance closing no later than September 30, 2013. Furthermore, all unexpended balances, including any remaining balance on PRAC contracts, will be cancelled as of October 1, 2013. Amounts needed to maintain PRAC payments for any remaining term on the affected contracts beyond that date will have to be funded from other current appropriations. F. Other Submission Requirements: Address for Submitting Applications. Applications must be submitted electronically through the www.Grants.gov web site, unless the applicant receives a waiver from the electronic submission requirement. See the General Section, Application Submission and Receipt Procedures, for information on applying online and requesting a waiver from the electronic application requirement. If you apply for and receive a waiver from the electronic application requirement, you must submit an original and four copies of your completed application to the Director of the appropriate local HUD office listed in Appendix A below. Note: Do not use the listing in Attachment B to the General Section of the SuperNOFA. V. Application Review Information A. Criteria Policy Priorities. HUD encourages applicants to undertake specific activities that will assist the Department in implementing its policy priorities and which help the Department achieve its strategic goals for FY2005. Refer to the General Section of the SuperNOFA for information regarding HUD’s Strategic Goals and Policy Priorities. For the Section 811 program, applicants who include work activities that specifically address the policy priorities of encouraging accessible design features by incorporating visitability standards and universal design, ending PO 00000 Frm 00281 Fmt 4701 Sfmt 4703 14255 chronic homelessness, removing barriers to affordable housing and promoting energy efficiency in design and operations will receive additional points. A Notice pertaining to the removal of barriers to affordable housing was published in the Federal Register and may be downloaded from the HUD web site at https://www.hud.gov/offices/ adm/grants/fundsavail.cfm. Rating Factors. HUD will rate applications that successfully complete technical processing using the Rating Factors set forth below and in accordance with the application submission requirements in this program section of the SuperNOFA. The maximum number of points an application may receive under this program is 102. This includes two (2) RC/EZ/EC–II bonus points, as described in the General Section of the SuperNOFA and Section V.A.6 below. 1. Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (30 Points) This factor addresses the extent to which you have the organizational resources to successfully implement the proposed activities in a timely manner. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(e), 5 and 6 of Section IV.B. of this program section of the SuperNOFA. In rating this factor, HUD will consider the extent to which your application demonstrates your ability to develop and operate the proposed housing on a long-term basis, considering the following: a. (15 points) The scope, extent, and quality of your experience in providing housing or related services to those proposed to be served by the project and the scope of the proposed project (i.e., number of units, services, relocation costs, development, and operation) in relationship to your demonstrated development and management capacity as well as your financial management capability. b. (10 points) The scope, extent, and quality of your experience in providing housing or related services to minority persons or families and your ties to the community at large and to the minority and disability communities in particular. (1) (5 points) The scope, extent, and quality of your experience in providing housing or related services to minority persons or families. (2) (5 points) The scope, extent, and quality of your ties to the community at large and to the minority and disability communities in particular. E:\FR\FM\21MRBK3.000 21MRBK3 14256 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices To earn the maximum number of points under subcriteria (b)(1) above, you must describe both your relationships over time with the minority community and significant previous experience in providing housing and/or supportive services to minorities generally and to minority persons with disabilities, in particular. For the purpose of this competition, ‘‘significant previous experience’’ means that the previous housing assistance or related services to minorities, i.e., the percentage of minorities being provided housing or related services in your current developments, was equal to or greater than the percentage of minorities in the jurisdiction where the previous housing or services occurred. To earn the maximum number of points under subcriteria (b)(2) above, you should submit materials that demonstrate your efforts to make housing available to the community at large and the minority and disable communities in particular. Examples of documents that may be submitted to earn the maximum number of points under subcriteria (b)(2), include copies of your affirmative marketing plan and the advertising/ outreach materials you utilize to attract minority communities (including limited English proficient communities), disable community and the community at large. Regarding your advertising/outreach materials, you should identify when advertising/ outreach materials are circulated, whom they are circulated to, where they are circulated and how they are circulated. Descriptions of other advertising/ outreach efforts to the minority (including limited English proficient communities) and disable communities and the dates and places of such advertising/outreach efforts should also be included. c. (-3 to -5 points) HUD will deduct (except if the delay was beyond your control) 3 points if a fund reservation you received under either the Section 811 program of Supportive Housing for Persons with Disabilities or the Section 202 program of Supportive Housing for the Elderly in FY2000 or later has been extended beyond 24 months, 4 points if beyond 36 points, and 5 points if beyond 48 months. Examples of delays beyond your control include, but are not limited to, initial closing delays that are: (1) directly attributable to HUD, (2) directly attributable to third party opposition, including litigation, and (3) due to a disaster, as declared by the President of the United States. d. (-1 point) HUD will deduct 1 point if amendment money was required as a VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 result of the delay (except if the delay was beyond your control). e. (5 points) You have experience in developing integrated housing and/or the proposed project will be an integrated housing model (e.g., condominium units scattered within one or more buildings or noncontiguous independent living units on scattered sites). 2. Rating Factor 2: Need/Extent of the Problem (13 Points) This factor addresses the extent to which there is a need for funding the proposed activities to address a documented problem in the target area. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 4(a) and 4(b) of Section IV.B. of this program section of the SuperNOFA. HUD will consider the following in evaluating this factor: The extent of the need for the project in the area based on a determination by the local HUD office. In making this determination, HUD will consider your evidence of need in the area, as well as other economic, demographic, and housing market data available to the local HUD office. The data should include a general assessment of the current conditions in the market for the type of housing proposed, an estimate of the demand for additional housing of the type proposed in the applicable housing market area; as well as, information on the numbers and types of existing comparable subsidized housing for persons with disabilities, current occupancy in such housing and recent market experience, comparable subsidized housing for persons with disabilities under construction or for which fund reservations have been issued, and, in accordance with an agreement between HUD and RHS, comments from RHS on the demand for additional comparable subsidized housing and the possible harm to existing projects in the same housing market area. The Department also will review more favorably those applications which establish a connection between the proposed project and the community’s Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. You must show how the proposed project will address an impediment to fair housing choice described in the AI or meet a need identified in the other type of planning document. For all Section 811 projects that are determined to have sufficient demand, PO 00000 Frm 00282 Fmt 4701 Sfmt 4703 HUD will rate your application based on the ratio of the number of units in the proposed project to the estimate of unmet need for housing assistance by the income eligible disabled households with selected housing conditions. Unmet need is defined as the number of very low-income disabled one-person renter households age 18 and older with housing conditions problems, as of the 2000 Census minus the number of project-based subsidized rental housing units (HUD, RHS, or LIHTC) that are affordable to very low-income disabled provided in the area since 1999. Units to be occupied by resident managers are not counted. After HUD determines the estimate of unmet need and whether a connection has been made between the project and community’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice, or other planning document, HUD will rate your application as follows: a. (10 points) The area of the project has an unmet ratio of 15 percent or less; Or (0 points) The area of the proposed has no unmet needs for housing assistance. b. (3 points) The extent that a connection has been established between the project and the community’s Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization. 3. Rating Factor 3: Soundness of Approach (40 Points) This factor addresses the quality and effectiveness of your proposal, the extent to which you involved persons with disabilities, including minority persons with disabilities, in the development of the application and will involve them in the development and operation of the project, the extent to which you coordinated your application with other organizations, including local independent living centers, with which you share common goals and objectives and are working toward meeting these objectives in a holistic and comprehensive manner, whether you consulted with Continuum of Care organizations to address efforts to assist persons with disabilities who are chronically homeless as defined in the General Section, whether the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing, and whether you will promote energy efficiency in the design and operation of the proposed housing. There must be a clear relationship between the proposed E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices design, the proposed activities, the community’s needs and purposes of the program funding for your application to receive points for this factor. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 2(d), 3(f), 3(j), 3(k), 3(l), 4(c)(i), 4(c)(ii), 4(c)(iii), 4(d)(iii), 4(d)(v), 4(d)(vi), 4(e)(i), 5, and 8(l) of Section IV.B. of this NOFA. In evaluating this factor, HUD will consider the following: a. (14 points) Site approvability—The proximity or accessibility of the site to shopping, medical facilities, transportation, places of worship, recreational facilities, places of employment, and other necessary services to the intended occupants; adequacy of utilities and streets, and freedom of the site from adverse environmental conditions (based on site visit for site control projects only); and compliance with site and neighborhood standards in 24 CFR 891.125(a), (d), and (e) and 24 CFR 891.320. Sites where amenities are accessible other than by project residence or private vehicle will be rated more favorably; b. (-1 point) One or more of your proposed sites is not permissively zoned for the intended use. c. (10 points) The suitability of the site from the standpoints of promoting a greater choice of housing opportunities for minorities and persons with disabilities and affirmatively furthering fair housing. In reviewing this criterion, HUD will assess whether the site meets the site and neighborhood standards at 24 CFR 891.125(b) and (c) by examining relevant data in your application or in the local HUD office. If appropriate, HUD may visit the site. (1) The site will be deemed acceptable if it increases housing choice and opportunity by expanding housing opportunities in non-minority neighborhoods (if located in such a neighborhood). The term ‘‘non-minority area’’ is defined as one in which the minority population is lower than 10 percent; or contributing to the revitalization of and reinvestment in minority neighborhoods, including improvement of the level, quality and affordability of services furnished to minority persons with disabilities. You should refer to the Site and Neighborhood Standards provisions of the regulations governing the Section 811 Supportive Housing Program (24 CFR 891.125(b) and (c)) when considering sites for your projects. (2) For the purpose of this competition, the term ‘‘minority neighborhood (area of minority concentration)’’ is defined as one where VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 any one of the following statistical conditions exists: (a) The percentage of persons of a particular racial or ethnic minority is at least 20 points higher than the minority’s or combination of minorities’ percentage in that housing market as a whole; (b) The neighborhood’s total percentage of minority persons is at least 20 points higher than the total percentage of minorities for the housing market area as a whole; or (c) In the case of a metropolitan area, the neighborhood’s total percentage of minority persons exceeds 50 percent of its population. d. (2 points) The extent to which the proposed design of the project (exterior and interior) and its placement in the neighborhood will meet the individual needs of the residents and will facilitate their integration into the surrounding community and promote their ability to live as independently as possible. e. (1 point) The extent to which the proposed design incorporates visitability standards and universal design in the construction or rehabilitation of the project. Refer to the General Section of the SuperNOFA for further information. f. (4 points) Your board is comprised of persons with disabilities. g. (3 points) You involved persons with disabilities (including minority persons with disabilities) in the development of the application, and will involve persons with disabilities (including minority persons with disabilities) in the development and operation of the project. h. (2 points) The extent to which you coordinated your application with other organizations (including local independent living centers; a list of such can be obtained from the local HUD office) that will not be directly participating in your project, but with which you share common goals and objectives and are working toward meeting these goals and objectives in a holistic and comprehensive manner. i. (1 point) You consulted with the Continuum of Care organizations in the community in which your proposed project will be located and have developed ways in which the proposed project will assist persons with disabilities who have been experiencing chronic homelessness become more productive members of society. Refer to the General Section of the SuperNOFA for further information. j. (2 points) The extent to which the jurisdiction in which your project will be located has undertaken successful efforts to remove regulatory barriers to affordable housing. (NOTE: To receive PO 00000 Frm 00283 Fmt 4701 Sfmt 4703 14257 up to 2 points, the applicant must have submitted the optional Form HUD– 27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers, AND provided URL references or submitted the required documentary evidence.) k. (1 point) The extent to which you will promote energy efficiency in the design and operation of the proposed housing. Refer to Section III.C.3.k. of this program NOFA. 4. Rating Factor 4: Leveraging Resources (5 Points) This factor addresses your ability to secure other funding sources, including funding sources to develop a mixedfinance project for additional units over and above the Section 811 units, if proposed, and community resources that can be combined with HUD’s program resources to achieve program purposes. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(a), 3(b), 3(c), 3(d), 3(e), 4(c)(iii) and 5(f) of Section IV.B. of this program section of the SuperNOFA. a. (1 point) The extent of local government support (including financial assistance, donation of land, provision of services, etc.) for the project. b. (2 points) The extent of your activities in the community, including previous experience in serving the area where the project is to be located, and your demonstrated ability to enlist volunteers and raise local funds. c. (2 points) The extent of your plans to develop a mixed-finance project for additional units over and above the Section 811 units. (1) (1 point) The proposed project involves mixed-financing for additional units in which the non-Section 811 units represent 30 percent or less of the Section 811 units in the project; OR (2) (2 points) The proposed project involves mixed-financing for additional units in which the non-Section 811 units represent over 30 percent of the Section 811 units in the project. Note: If you are proposing a mixed-finance project for additional units over and above the Section 811 units, your application may receive a maximum of 2 points under Rating Factor 4(c). Your application will receive either 1 or 2 points under this Rating Factor, depending upon the number of non-Section 811 units to be developed in the project. If your project will not involve mixed-financing for additional units, no points will be assigned for Rating Factor 4(c). E:\FR\FM\21MRBK3.000 21MRBK3 14258 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 5. Rating Factor 5: Achieving Results and Program Evaluation (12 Points) This factor reflects HUD’s goal to embrace high standards of ethics, management and accountability and, as such, emphasizes HUD’s commitment to ensuring that you keep the promises made in your application. This factor requires that you clearly identify the benefits or outcomes of your project and develop an evaluation plan to measure performance, which includes what you are going to measure, how you are going to measure it, and the steps you will have in place to make adjustments to your project development timeline should you not be able to achieve any of the major milestones. Completion of Exhibit 8(k), Logic Model, will assist you in completing your response to this rating factor. This rating factor also addresses the extent to which your project will implement practical solutions that result in residents achieving independent living, economic empowerment, educational opportunities and improved living environments. Finally, this factor addresses the extent to which the longterm viability of your project will be sustained for the duration of the 40-year capital advance period. Submit information responding to this factor in accordance with Application Submission Requirements in Exhibits 3(e), 3(g), 3(h), 3(i), 6(b), and 8(k) of VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Section IV.B. of this program section of the SuperNOFA. a. (5 points) The extent to which your project development timeline is indicative of your full understanding of the development process and will, therefore, result in the timely development of your project. b. (2 points) The extent to which your past performance evidences that the proposed project will result in the timely development of the project. Evidence of your past performances could include the development of previous construction projects, including but not limited to Section 202 or Section 811 projects. c. (2 points) The extent to which your project will implement practical solutions that will result in assisting residents in achieving independent living, economic empowerment, educational opportunities, and improved living environments (e.g., activities that will improve computer access, literacy and employment opportunities). d. (3 points) The extent to which you demonstrated that your project will remain viable as housing with the availability of supportive services for very low income persons with disabilities for the 40-year capital advance period. 6. Bonus Points (2 bonus points). Location of proposed site in an RC/EZ/ PO 00000 Frm 00284 Fmt 4701 Sfmt 4703 EC–II area, as described in the General Section. Submit the information responding to the bonus points in accordance with the Application Submission Requirements in Exhibit 8(i) of Section IV.B. of this NOFA. B. Reviews and Selection Process: 1. Review for Curable Deficiencies. You should ensure that your application is complete before transmitting it to the following web site: www.grants.gov/ Apply and, in the case of a waiver of the electronic submission requirement, that you have an original and four copies before submitting it to the appropriate local HUD office. Upon receipt of the application by HUD staff, HUD will screen all applications to determine if there are any curable deficiencies. For applicants receiving a waiver to submit a paper application, submitting fewer than the required original and four copies of the application is not a curable deficiency and will cause your application to be considered nonresponsive to the NOFA and returned to you. A curable deficiency is a missing Exhibit or portion of an Exhibit that will not affect the rating of the application. Refer to the General Section for additional information regarding procedures for corrections to deficient applications. The following is a list of the only deficiencies that will be considered curable in a Section 811 application: E:\FR\FM\21MRBK3.000 21MRBK3 The local HUD office will notify you in writing if your application is missing any of the above exhibits or portions of exhibits and will provide you with a specified deadline to submit the information required to cure the noted deficiencies. The items identified by an asterisk (*) must be dated on or before the application submission date. If an Exhibit or portion of an Exhibit listed above as curable is not discovered as missing until technical processing, HUD will provide you with a deadline to cure the deficiency. 2. Rating. HUD will review and rate your application in accordance with the Reviews and Selection Process in the General Section of the SuperNOFA except as described in 3. Appeal Process below. Your application will be either rated or technically rejected at the end of technical review. If your application VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 meets all program eligibility requirements after completion of technical review, including HUD approval of you, the Section 811 applicant, based on HUD’s evaluation of the applicant’s previous participation activities as reported on Form HUD– 2530, Previous Participation Certification, it will be rated according to the rating factors in Section V.A. above. 3. Appeal Process. HUD will not reject your application based on technical review without notifying you of the rejection with all the reasons for rejection and providing you an opportunity to appeal. You will have 14 calendar days from the date of HUD’s written notice to appeal a technical rejection to the local HUD office. In HUD’s review of any appeal, it should be noted that in conformance with its PO 00000 Frm 00285 Fmt 4701 Sfmt 4703 14259 regulations at 24 CFR part 4, subpart B, HUD will not consider any unsolicited information that you, the applicant, may want to provide. The local HUD office will make a determination on any appeals before making its selection recommendations. 4. Ranking and Selection Procedures. Applications that have a total base score of 75 points or more (without the addition of RC/EC/EZ–II bonus points) and meet all of the applicable threshold requirements in the General Section of the SuperNOFA and this program NOFA will be eligible for selection and will be placed in rank order in two categories; Category A and Category B. Category A will consist of approvable applications that contain acceptable evidence of control of all proposed sites and all proposed sites have been found approvable. Category B will consist of E:\FR\FM\21MRBK3.000 21MRBK3 EN21mr05.303</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14260 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the following approvable applications: (a) Those that were submitted with identified sites; (b) those that were submitted with evidence of site control where the evidence and/or any of the proposed sites were found unapprovable provided you indicate your willingness to locate another site(s) should the proposed site(s) be found unapprovable; and (c) those that were submitted with a combination of sites under control and identified sites. Each HUD Multifamily Program Center will select applications, after adding any bonus points for RC/EC/EZ–II, based on rank order, from Category A first that most closely approximates the capital advance authority available in its allocation. If capital advance authority remains after selecting all approvable applications from Category A, each HUD Multifamily Program Center shall then select applications, in rank order, from Category B that most closely approximates the capital advance authority remaining in its allocation. HUD Multifamily Program Centers will not skip over any applications in order to select one based on the funds remaining. After making the initial selections from the applicable category, however, HUD Multifamily Program Centers may use any residual funds to select the next rank-ordered application in that category by reducing the number of units by no more than 10 percent, rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, HUD will not reduce the number of units in projects of five units or less. After the HUD Multifamily Program Centers have funded all possible projects based on the process above, residual funds from all HUD Multifamily Program Centers within each Multifamily Hub will be combined. First, these funds will be used to restore units to projects reduced by HUD Multifamily Program Centers based on the above instructions. Second, additional approvable applications within each Multifamily Hub will be selected in rank order, first from Category A, and if sufficient funds remain, from Category B, with only one application selected per HUD Multifamily Program Center. More than one application may be selected per HUD Multifamily Program Center if there are no approvable applications in other HUD Multifamily Program Centers within the Multifamily Hub. This process will continue until there are no more approvable applications within the Multifamily Hub that can be selected with the remaining funds. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Applications may not be skipped over to select one based on funds remaining. However, the Multifamily Hub may use any remaining residual funds to select the next rank-ordered application in the applicable category by reducing the number of units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible or result in the project being less than 5 units. Funds remaining after the Multifamily Hub selection process is completed will be returned to Headquarters. HUD Headquarters will use these residual funds first to restore units to projects reduced by HUD Multifamily Program Center or Multifamily Hub as a result of the instructions for using their residual funds. Second, HUD Headquarters will use these funds for selecting applications based on HUD Program Centers’ rankings, beginning with the highest rated application nationwide in Category A. Only one application will be selected per HUD Multifamily Program Center in Category A from the national residual amount, excluding the Columbia Multifamily Program Center, already funded. If there are no approvable applications in Category A in other HUD Multifamily Program Centers, then the next highest rated application in Category B in another HUD Multifamily Program Center will be selected, excluding the Columbia Multifamily Program Center, already funded. This process will begin again with the selection of the next highest rated application in Category A nationwide. Once each HUD Multifamily Program Center that has approvable applications in Category A receives another selection then the next highest rated application in Category B will be selected. This process will continue until all approvable applications are selected using the available remaining funds. Headquarters may skip over a higher rated application in order to use as much of the available remaining funds as possible. 5. HUD Error. In the event HUD commits an error that, when corrected, would have resulted in the selection of an otherwise eligible applicant during the funding round of the SuperNOFA, HUD may select that applicant when sufficient funds become available. VI. Award Administration Information A. Award Notices 1. Agreement Letter. If you are selected to receive a Section 811 fund reservation, you will receive an Agreement Letter that stipulates the terms and conditions for the Section 811 fund reservation award as well as the PO 00000 Frm 00286 Fmt 4701 Sfmt 4703 submission requirements following the fund reservation award. The duration of the fund reservation award for the capital advance is 18 months from the date of issuance of the fund reservation. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work towards the submission of a Firm Commitment Application, which is the next application submission stage. You are required to submit a Firm Commitment Application to the local HUD office within 180 days from the date of the Agreement Letter. Initial closing of the capital advance and start of construction of the project are expected to be accomplished within the duration of the fund reservation award. Final closing of the capital advance is expected to occur no later than six months after completion of project construction. 2. Non-selection Letter. If your application is approvable but unfunded due to insufficient funds or receives a rating that is below the minimum threshold score established for funding eligibility, you will receive a letter to this effect. 3. Debriefing. Refer to the General Section for further information regarding debriefings except that the request must be made to the Director of Multifamily Housing in the appropriate local HUD office. B. Administrative and National Policy Requirements 1. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses. Although the Section 811 program is not subject to the provisions of 24 CFR 85.36(e) as described in the corresponding paragraph in the General Section of the SuperNOFA, you are required to comply with Executive Order 12432, Minority Business Enterprise Development and Executive Order 11625, Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise as they relate to the encouragement of HUD grantees to utilize minority business enterprises. 2. Acquisition and Relocation. You must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR part 24 and 24 CFR part 891.155(e)) (URA), which covers the acquisition of sites, with or without existing structures, and with 24 CFR 8.4(b)(5) of the Section 504 regulations which prohibits discrimination based on disability in determining the site or location of a federally-assisted facility. However, you are exempt from E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices complying with the site acquisition requirements of the URA if you do not have the power of eminent domain and prior to entering into a contract of sale, option to purchase or any other method of obtaining site control, you inform the seller of the land in writing: (1) That you do not have the power of eminent domain and, therefore, you will not acquire the property if negotiations fail to result in an amicable agreement, and (2) of the estimate of the fair market value of the property. An appraisal is not required to meet this requirement; however, your files must include an explanation, (with reasonable evidence) of the basis for the estimate. Evidence of compliance with this advance notice requirement must be included in Exhibit 4(d)(iv) of your application. 3. Flood Disaster Protection Act of 1973 and Coastal Barriers Resources Act. You must comply with the requirements under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001– 4128) and the Coastal Barrier Resources Act (16 U.S.C. 3601). C. Reporting 1. The Program Outcome Logic Model (Form HUD–96010) must be completed indicating the results achieved against the proposed output goal(s) and proposed outcome(s) which you stated in your approved application and agreed upon by HUD. 2. The Regulatory Agreement (Form HUD–92466–CA) requires the Owner of the Section 811 project to submit an annual financial statement for the project. This financial statement must be audited by an Independent Public Accountant who is a Certified Public Accountant or other person accepted by HUD and filed electronically with HUD’s Real Estate Assessment Center (REAC) through the Financial Assessment Subsystem for Multifamily Housing (MF–FASS). The submission of annual financial statements is required throughout the 40-year term of the mortgage. 3. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the Office of Management and Budget’s Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use Form VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 HUD–27061, Racial and Ethnic Data Reporting Form (and instructions for its use), found at: www.hudclips.org, a comparable program form, or a comparable electronic data system for this purpose. VII. Agency Contact(s) For Technical Assistance. For technical assistance in downloading an application package from https:// www.grants.gov/Apply, contact the Grants.gov help desk at 800–518–Grants or by sending an email to support@grants.gov. For programmatic information, you may contact the appropriate local HUD office, or Frank Tolliver at HUD Headquarters at (202) 708–3000 (this is not a toll-free number), or access the Internet at: http:/ /www.hud.gov/offices/adm/grants/ fundsavail.cfm. Persons with hearing and speech impairments may access the above number via TTY by calling the toll-free Federal Relay Service at 800– 877–8339. VIII. Other Information A. Field Office Workshop. HUD encourages minority organizations and grassroots organizations (e.g., civic organizations, faith-communities and grassroots faith-based and other community-based organizations) to participate in this program and strongly recommends prospective applicants attend the local HUD office workshop. At the workshops, HUD will explain application procedures and requirements, as well as address concerns such as local market conditions, building codes and accessibility requirements, contamination identification and remediation, historic preservation, floodplain management, other environmental requirements, displacement and relocation, zoning, and housing costs. If you are interested in attending the workshop, make sure that your name, address and telephone number are on the appropriate local HUD office’s mailing list so that you will be informed of the date, time and place of the workshop. Persons with disabilities should call the appropriate local HUD office to assure that any necessary arrangements can be made to PO 00000 Frm 00287 Fmt 4701 Sfmt 4703 14261 enable their attendance and participation in the workshop. If you cannot attend the workshop, call the appropriate local HUD office if you have any questions regarding the submission of applications to that particular office and to request any materials distributed at the workshop. B. Satellite Broadcast. HUD will hold an information broadcast via satellite for potential applicants to learn more about the program and preparation of the application. It is strongly recommended that potential applicants, especially those who may be applying for Section 811 funding for the first time, tune in to this broadcast, if at all possible. Copies of the broadcast tapes are also available from the NOFA Information Center. For more information about the date and time of the broadcast, you should consult the HUD web site at: https:// www.hud.gov/offices/adm/grants/ fundsavail.cfm. C. Related Programs. Section 811 funding for tenant-based assistance is administered by public housing agencies and nonprofit organizations through the Mainstream Housing Opportunities for Persons with Disabilities Program. D. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2502–0462. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB number. Public reporting burden for the collection of information is estimated to average 35.92 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits derived. E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00288 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.304</GPH> 14262 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00289 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14263 EN21MR05.305</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00290 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.306</GPH> 14264 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00291 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14265 EN21MR05.307</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00292 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.308</GPH> 14266 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00293 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14267 EN21MR05.309</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00294 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.310</GPH> 14268 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00295 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14269 EN21MR05.311</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00296 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.312</GPH> 14270 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00297 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14271 EN21MR05.313</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00298 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.314</GPH> 14272 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices Continuum of Care Homeless Assistance Programs Overview Information A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Funding Availability for Continuum of Care (CoC) Homeless Assistance Programs. C. Announcement Type: Initial Announcement. D. Funding Opportunity Number: The Federal Register number is FR–4950– N–15. The OMB Approval number is pending. E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 1. 14.235, Supportive Housing Program (SHP) 2. 14.238, Shelter Plus Care (S+C) and 3. 14.249, Section 8 Moderate Rehabilitation Single Room Occupancy (SRO). F. Dates: Application Submission Date: Applications should be submitted no later than June 10, 2005. Please see the General Section for detailed instructions and Section IV of this NOFA for application submission and timely receipt requirements. G. Additional Overview Content Information: 1. Purpose of the Programs: The purpose of the CoC Homeless Assistance Programs is to assist homeless persons to move to self-sufficiency and permanent housing. 2. Available Funds: Approximately $1 billion is available for funding. 3. Eligible Applicants: The program summary chart in Section III.A.3 identifies the eligible applicants for each of the three programs under the CoC Homeless Assistance Programs. 4. Match: Matching funds are required from local, state, federal or private resources. Full Text of Announcement I. Funding Opportunity Description A. Program Description 1. Overview a. The purpose of the CoC Homeless Assistance Programs is to reduce the incidence of homelessness in CoC communities by assisting homeless individuals and families to move to selfsufficiency and permanent housing. Projects that sustain current successful interventions and fill gaps in locally developed CoC systems will be funded. To help meet the Administration’s goal of ending chronic homelessness, priority will be placed on programs that VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 target the supportive housing needs of chronically homeless persons. 2. The authorizing legislation and implementing regulations for all programs covered by this NOFA are outlined on the chart in Section III.A.3. HUD published a proposed rule updating the Supportive Housing Program at 69 FR 43488 on July 20, 2004 and is currently considering the public comments received. HUD expects to publish a final rule based on the proposed rule and comments in 2005. If a final rule is published before announcement of awards under this NOFA, the new final rule will apply to those awards. 3. Changes for 2005. These changes include, but are not limited to, the following: A. CoC Hold Harmless Amount. This is the total of the one-year amount of all SHP projects eligible for renewal. CoC’s shall receive the higher of: (1) the preliminary pro rata need (PRN) or (2) the CoC hold harmless amount. In the past, HUD awarded a renewal adjustment when the amount needed to fund all eligible renewals for one year exceeded the preliminary pro rata need. An unintended consequence of this policy resulted in CoCs having to request renewal of projects that in their judgment did not best reflect the current needs of the community. CoCs receiving the CoC hold harmless amount will now have the opportunity to reallocate their PRN funds in order to create new permanent supportive housing projects. This will provide them with the same flexibility that CoCs without excessive SHP renewals have. See Section V.A.2.b of this program section for this significant change. b. Samaritan Housing Initiative. The Samaritan Initiative (formerly known as the Permanent Housing Bonus) will be integrated into this NOFA as part of the larger CoC process and is only for projects serving exclusively chronically homeless persons. It is 15 percent of a CoC’s preliminary PRN amount or $6 million, whichever is less. Applicants may use no more than 20 percent of this bonus for case management costs. See Section V.A.2.b(3) for additional information on this subject. c. Grant Terms. The grant terms for all newly proposed SHP projects are two (2) or three (3) years. See Section II.A.3 for additional information on this subject. d. Participant Eligibility for Permanent Housing. The only persons who may be served by permanent housing projects (both new and renewal) are those who come from the streets, emergency shelters, or transitional housing. People who are PO 00000 Frm 00299 Fmt 4701 Sfmt 4703 14273 currently housed but may become homeless within seven days, remain eligible for transitional housing and emergency shelters. Please see Section III.C.2.a(3) and the Questions and Answers Supplement for further information. e. Pro Rata Need. Any project not falling fully within the 40 need point range will receive 10 need points. Please see Section V.A.2.b(4) for more information. f. Fair Market Rent (FMR) Updates. HUD will select projects using the FMRs in place at the time of application. HUD will then apply the FMRs in place at the time of award. See V.A.2.b(3) for more information. g. Conducting Business In Accordance with Core Values and Ethical Standards. All applicants will be required, prior to entering into an agreement with HUD, to submit a copy of their Code of Conduct. Refer to the General Section for detailed instructions regarding this requirement. h. Form HUD 96010, Logic Model. Applicants must submit a Logic Model for each project, new and renewal. Refer to the General Section for instructions and a copy of this form. i. CoC Planning Process Organizations. A description of the ‘‘level of participation’’ has been included for the list of organizations involved in your CoC planning efforts. See Exhibit 1, Form HUD–40076 CoC– B. j. The Discharge Planning Policy narrative has been replaced with a chart. See Exhibit 1, Form HUD–40076 CoC– D. k. The Service Activity Chart has been streamlined to reflect an inventory of supportive services and the agencies providing these services. The description of planned services and how participants access/receive assistance is no longer required. See Exhibit 1, Form HUD–40076 CoC–F. l. The Housing Gaps Analysis Chart has been eliminated. That information is now reported in the Housing Activity Charts, which have been substantially revised. See Exhibit 1, Form HUD– 40076 CoC–G. m. Participation in Energy Star. Form HUD–40076 CoC–H has been changed to capture CoCs’ efforts to promote energy efficiency in HUD assisted programs. See Exhibit 1. n. The Homeless Management Information System (HMIS) Section has been revised to capture more information on HMIS implementation efforts. See Exhibit 1, Form HUD–40076 CoC–J. o. The Project Priorities Section has been updated to include a Reallocation Chart and required narrative response. E:\FR\FM\21MRBK3.000 21MRBK3 14274 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices See Exhibit 1, Form HUD–40076 CoC– K. p. The Continuum of Care Use of Other Resources Chart has been eliminated. q. Audits. The Reporting Section has been updated to reflect the requirement for annual audits for those grantees that expend more than $500,000 in Federal funds. See Section VI.C for additional information on this subject. r. Appropriate Discharge Planning and Coordination and Integration of Mainstream Programs are still required, but the Special Project Certifications have been eliminated. s. The ‘‘Housing Emphasis’’ scoring has been increased from 10 to 12 points. See Section V.A.2.a.(5) for additional information on this subject. t. The ‘‘Performance Measurement’’ scoring has been increased from 5 to 8 points. See Section V.A.2.a.(6) for additional information on this subject. u. The ‘‘Leveraging Supplemental Resources’’ scoring has been reduced from 13 to 8 points. See Section V.A.2.a.(4) for additional information on this subject. v. The ‘‘Questions and Answers Supplement’’ should be thoroughly reviewed and is now available on the web at www.hud.gov/offices/adm/ grants/fundsavail.cfm. Please see Section IV.A. 4. Developing and Coordinating CoC Systems: Developing a CoC system should be an inclusive process that brings together participants from the state, local, private and nonprofit sectors to assist homeless persons. It should be coordinated and consistent with the community’s larger effort of developing a HUD required Consolidated Plan. The Consolidated Plan serves as the vehicle for a community to comprehensively identify each of its needs and to coordinate a plan of action for addressing them. State and local 10-year plans to end chronic homelessness must be aligned with (if not identical to) the CoC plan to end chronic homelessness. For a community to successfully address the complex and interrelated problems related to homelessness, the community must marshal its varied resources— community and economic development resources, social service resources, housing and homeless assistance resources—and use them in a coordinated and effective manner. 5. CoC Components. A CoC system consists of five basic components: a. A system of outreach and assessment for determining the needs and conditions of an individual or family who is homeless; VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 b. Emergency shelters with appropriate supportive services to help ensure that homeless individuals and families receive adequate emergency shelter and referral to necessary service providers or housing search counselors; c. Transitional housing with appropriate supportive services to help those homeless individuals and families who are not prepared to make the transition to permanent housing and independent living; and d. Permanent housing, or permanent supportive housing, to help meet the long-term needs of homeless individuals and families. e. Prevention strategies play an integral role in a community’s plan to eliminate homelessness. By law, prevention activities are ineligible activities in the three programs for which funds are awarded in this competition but are eligible for funding under the Emergency Shelter Grants block grant program. 6. CoC Planning Process. A CoC system is developed through a community-wide or region-wide process involving nonprofit organizations (including those representing persons with disabilities), government agencies, public housing authorities, community and faith-based organizations, other homeless providers, housing developers and service providers, private businesses and business associations, law enforcement agencies, private funding providers, and homeless or formerly homeless persons. A CoC system should address the specific needs of each homeless subpopulation: those experiencing chronic homelessness, veterans, persons with serious mental illnesses, persons with substance abuse issues, persons with HIV/AIDS, persons with co-occurring diagnoses (may include diagnoses of multiple physical disabilities or multiple mental disabilities or a combination of these two types), victims of domestic violence, youth, and any others. To ensure that the CoC system addresses the needs of homeless veterans, it is particularly important that you involve veteran service organizations with specific experience in serving homeless veterans. 7. CoC Funding is provided through the programs briefly described below. Please refer to the CoC Homeless Assistance Programs Chart in Section III.A.3 for a more detailed description of each program: a. The Supportive Housing Program (SHP) provides funding for the development of transitional and permanent supportive housing and services that help homeless persons transition from homelessness to living PO 00000 Frm 00300 Fmt 4701 Sfmt 4703 as independently as possible. Some services are also funded to assist in achieving the goal of self-sufficiency. b. The Shelter Plus Care (S+C) Program provides funding for rental assistance and requires grantees to identify service dollars. This gives applicants flexibility in devising appropriate housing and supportive services for homeless persons with disabilities. c. The Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program provides rental assistance on behalf of homeless individuals in connection with the moderate rehabilitation of SRO dwellings. 8. Glossary of Terms: a. Applicant. An entity that applies to HUD for funds. See the CoC Homeless Assistance Programs Chart in Section III.A.3 for a list of entities that are eligible. An applicant must submit a SF–424. If selected for funding, the applicant becomes the grantee and is responsible for the overall management of the grant, including drawing grant funds and distributing them to project sponsors. The applicant is also responsible for supervision of project sponsor compliance with grant requirements. The applicant may also be a project sponsor. b. Applicant Certification. The form, required by law, in which an applicant certifies that it will adhere to certain statutory requirements, such as the Civil Rights Act of 1964. c. Chronically Homeless Person. An unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. A disabling condition is defined as ‘‘a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions.’’ In defining the chronically homeless, the term ‘‘homeless’’ means ‘‘a person sleeping in a place not meant for human habitation (e.g., living on the streets) or in an emergency homeless shelter.’’ d. Consolidated Plan. A long-term housing and community development plan developed by state and local governments and approved by HUD. The Consolidated Plan contains information on homeless populations and should be coordinated with the CoC plan. It can be a source of information for the Unmet Need sections of the Housing Activities Chart. The plan contains both narratives and maps, the latter developed by localities using software provided by HUD. E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices e. Consolidated Plan Certification. The form, required by law, in which a state or local official certifies that the proposed activities or projects are consistent with the jurisdiction’s Consolidated Plan and, if the applicant is a state or unit of local government, that the jurisdiction is following its Consolidated Plan. f. Continuum of Care. A collaborative funding approach that helps communities plan for and provide a full range of emergency, transitional, and permanent housing and service resources to address the various needs of homeless persons. g. Current Inventory. A complete listing of the community’s existing beds and supportive services. h. Homeless Management Information Systems (HMIS). An HMIS is a computerized data collection application designed to capture clientlevel information over time on the characteristics and service needs of men, women, and children experiencing homelessness, while also protecting client confidentiality. It is designed to aggregate client-level data to generate an unduplicated count of clients served within a community’s system of homeless services. An HMIS may also cover a statewide or regional area, and include several CoCs. The HMIS can provide data on client characteristics and service utilization. i. Homeless Person means a person sleeping in a place not meant for human habitation or in an emergency shelter; and a person in transitional housing for homeless persons who originally came from the street or an emergency shelter. For a more detailed discussion, see the Questions and Answers Supplement available on the web at www.hud.gov/ offices/adm/grants/fundsavail.cfm. The programs covered by this NOFA are not for populations who are at risk of becoming homeless. j. NOFA. Notice of Funding Availability, published in the Federal Register to announce available funds and application requirements. k. Private Nonprofit Status. Private nonprofit status is documented by submitting either: (1) a copy of the Internal Revenue Service (IRS) ruling providing tax-exempt status under Section 501(c)(3) of the IRS Code; or (2) documentation showing that the applicant is a certified United Way agency; or (3) a certification from a designated official of the organization that no part of the net earnings of the organization inures to the benefit of any member, founder, contributor, or individual; that the organization has a voluntary board; that the organization practices nondiscrimination in the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 provision of assistance; and that the organization has a functioning accounting system that provides for each of the following (mention each in the certification): (1) Accurate, current and complete disclosure of the financial results of each federally sponsored project. (2) Records that identify adequately the source and application of funds for federally sponsored activities. (3) Effective control over and accountability for all funds, property and other assets. (4) Comparison of outlays with budget amounts. (5) Written procedures to minimize the time elapsing between the transfer of funds to the recipient from the U.S. Treasury and the use of the funds for program purposes. (6) Written procedures for determining the reasonableness, allocability and allowability of costs. (7) Accounting records, including cost accounting records, which are supported by source documentation. 1. Public Nonprofit Status. Public nonprofit status is documented for community mental health centers by including a letter or other document from an authorized official stating that the organization is a public nonprofit organization. m. Project Sponsor. The organization that is responsible for carrying out the proposed project activities. A project sponsor does not submit a SF–424, unless it is also the applicant. To be eligible to be a project sponsor, you must meet the same program eligibility standards as applicants do, as outlined in Section III.A.3, except in the Sponsor-based rental assistance (SRA) component of the S+C Program. Eligible sponsors for the SRA component are statutorily precluded from also applying for S+C funding. n. SF 424. The application cover sheet required to be submitted by applicants requesting HUD Federal Assistance. o. Safe Haven. A Safe Haven is a form of supportive housing funded and administered under the Supportive Housing Program serving hard-to-reach homeless persons with severe mental illness and other debilitating behavioral conditions who are on the streets and have been unwilling or unable to participate in supportive services. Safe Havens may be transitional supportive housing, or permanent supportive housing if it has the characteristics of permanent housing and requires participants to sign a lease. 9. Applicant Roles and Responsibilities. An applicant will be responsible for the overall management and administration of a particular grant, PO 00000 Frm 00301 Fmt 4701 Sfmt 4703 14275 including drawing down the grant funds, distributing them to the project sponsors, overseeing project sponsors, collecting and disseminating community-level data, and reporting to HUD. Applicants can submit applications for projects on behalf of project sponsors, who will actually carry out the proposed project activities. Applicants can also carry out their own projects. In these cases, the applicant is responsible for both administering and managing a grant (as the grantee) and carrying out the project activities (as the project sponsor). II. Award Information A. Amount Allocated. Approximately $1 billion is available for this CoC competition in FY 2005. Any unobligated funds from previous CoC competitions or additional funds that may become available as a result of deobligations or recaptures from previous awards or budget transfers may be used in addition to FY 2005 appropriations to fund applications submitted in response to this NOFA. The FY 2005 Consolidated Appropriations Act requires HUD to obligate all CoC homeless assistance funds by September 30, 2007. These funds will remain available for expenditure for five (5) years following that date, except as provided by the 2005 Consolidated Appropriations Act, including up to $20 million awarded for the Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program to be available until expended. The funds available for the CoC competition can be used under any of the three programs that can assist in creating community systems for combating homelessness. 1. Distribution of Funds: As in previous NOFAs for the CoC Homeless Assistance Programs, HUD will not specify amounts for each of the three programs this year. Instead, the distribution of funds among the three programs will depend largely on locally determined priorities and overall demand. a. Permanent Housing Requirement. Local priorities notwithstanding, the FY 2005 Consolidated Appropriations Act requires that not less than 30 percent of this year’s Homeless Assistance Grants (HAG) appropriation, excluding amounts provided for one-year renewals under the Shelter Plus Care Program, must be used for permanent housing projects for all homeless populations. b. Chronic Homelessness Requirement. The Administration has established as a policy priority the goal of ending chronic homelessness. CoCs E:\FR\FM\21MRBK3.000 21MRBK3 14276 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices are strongly encouraged to use the funds available in this NOFA to target persons experiencing chronic homelessness in their communities. HUD encourages communities to select projects that will contribute to the achievement of this important goal. CoCs should work closely with appropriate state and local governments and interagency councils on homelessness that are establishing their own ten-year plan for eliminating chronic homelessness. All these efforts should be coordinated and consistent with the community’s HUD Consolidated Plan as well as the CoC’s plan to end chronic homelessness. To work towards this goal, HUD is targeting the Samaritan Initiative for projects that exclusively serve individuals who are experiencing chronic homelessness. In addition, at least 10 percent of the appropriation will be awarded to new or renewal, transitional or permanent housing projects where at least 70 percent of the project’s clients are expected to be chronically homeless (as defined by HUD) immediately prior to entry into the project. Housing projects include: SHP transitional housing, permanent housing and Safe Havens; S+C; and SRO projects. Since the housing funding allocation set-aside requirements are expected to continue in future competitions and may affect project funding selections, you are strongly encouraged to begin planning for new housing projects, particularly those serving individuals experiencing chronic homelessness, and include them as part of your submission in this competition. See Section V.B.3.a and V.B.3.b of this NOFA for additional information on the permanent housing and chronic homeless requirements. c. Lower-rated SHP Renewals. HUD reserves the authority to conditionally select for one year of funding lowerrated eligible SHP renewal projects that are assigned 40 need points in a CoC application receiving at least 25 points under the CoC scoring factor that would not otherwise receive funding for these projects. (See Section V.A.2.a and V.A.2.b of this NOFA for information on project rating and scoring.) Therefore, the projects must receive a minimum score of 65 points. Although these lower-rated SHP renewal projects will have scored below the otherwise recognized funding line, their funding allows homeless persons to continue to be served and move towards selfsufficiency. Not renewing these projects would likely result in the closure of these projects and displacement of the homeless people being served. 2. Prioritizing Projects for Funding. Project priority decisions are best made by members of the local community, including local government and community and faith-based organizations, which represent the various economic, housing and social resources within that community. For example, if HUD has funds available only to award 8 of 10 proposed projects, then it will award funding to the first 8 eligible projects listed, except as may be necessary to achieve the 30 percent overall permanent housing and the 10 percent chronic homelessness requirements; see Section V.B.3.a. and V.B.3.b. of this NOFA for additional information. In such cases, higher priority non-permanent housing projects may be de-selected to fund lower priority permanent housing projects and housing projects predominantly serving those persons experiencing chronic homelessness. 3. Grant Term. See chart in Section III.A.3. of this NOFA for information on the term of assistance for each of the three CoC programs covered in this NOFA. III. Eligibility Information A. Eligible Applicants 1. Eligible applicants for each program are those identified in the following chart. 2. Renewal Applicants. As a project applicant, you are eligible to apply for renewal of a grant only if you have executed a grant agreement for the project directly with HUD for SHP or S+C programs under a CoC NOFA. If you are a project sponsor or subrecipient who has not signed such an agreement, you are not eligible to apply for renewal of these projects. 3.—CONTINUUM OF CARE HOMELESS ASSISTANCE PROGRAMS Elements Supportive housing Shelter plus care Section 8 SRO AUTHORIZING LEGISLATION ...... Subtitle C of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11381. 24 CFR part 583 ........................... Subtitle F of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11403. 24 CFR part 582 ........................... • States ........................................ • Units of general local government. • Special purpose units of government, e.g. PHAs. • Private nonprofit organizations • Community Mental Health Centers that are public nonprofit organizations. • Transitional housing .................. • Permanent housing for disabled persons only. • Supportive services not in conjunction with supportive housing. • Safe Havens ............................. • Innovative supportive housing .. • Homeless Mngt. Info. System (HMIS). • States ........................................ • Units of general local government. • PHAs ......................................... Section 441 of the McKinneyVento Homeless Assistance Act, 42 U.S.C. 11401. 24 CFR part 882, subpart H, except that all persons receiving rental assistance must meet the McKinney-Vento definition of homelessness. • PHAs • Private nonprofit organizations. IMPLEMENTING REGULATIONS ELIGIBLE APPLICANT(S) ............. ELIGIBLE COMPONENTST .......... VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00302 Fmt 4701 • • • • Tenant-based housing .............. Sponsor-based housing ............ Project-based housing .............. SRO-based housing .................. Sfmt 4703 E:\FR\FM\21MRBK3.000 • SRO housing. 21MRBK3 14277 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 3.—CONTINUUM OF CARE HOMELESS ASSISTANCE PROGRAMS—Continued Elements Supportive housing ELIGIBLE ACTIVITIES (See footnotes 1,2 and 3). ELIGIBLE POPULATIONS footnote 2). (See • • • • • • • Acquisition ................................. Rehabilitation ............................ New construction ...................... Leasing ...................................... Operating costs ......................... Supportive services ................... Homeless individuals and families. POPULATIONS GIVEN SPECIAL CONSIDERATION. • Homeless persons with disabilities. • Homeless families with children INITIAL TERM OF ASSISTANCE 2 or 3 years for new SHP 1, 2 or 3 years for new HMIS. Shelter plus care Section 8 SRO • Rental assistance ...................... • Rental assistance. • Homeless disabled individuals .. • Homeless disabled individuals & their families. • Homeless persons who are seriously mentally ill, Have chronic problems with alcohol and/or drugs, Have AIDS & related diseases.. 5 years: TRA, SRA, and PRA if no rehab, 10 years: SRO, and PRA with rehab. • Homeless individuals. • N/A. 10 years. Footnote 1: Homeless prevention activities are statutorily ineligible under these programs. Footnote 2: Persons at risk of homelessness are statutorily ineligible for assistance under these programs. Footnote 3: Acquisition, construction, rehabilitation, leasing, and operating costs for emergency shelters are statutorily ineligible for assistance under Shelter Plus Care and Section 8 SRO. B. Matching (Cost Sharing) You must match Supportive Housing Program funds provided for acquisition, rehabilitation, and new construction with an equal amount of cash from other sources. Since SHP by statute can pay no more than 75 percent of the total operating budget for supportive housing, you must provide at least a 25 percent cash match of the total annual operating costs. In addition, for all SHP funding for supportive services and Homeless Management Information Systems (HMIS) you must provide a 25 percent cash match. This means that of the total supportive services budget line item, no more than 80 percent may be from SHP grant funds. The cash source may be your agency, other Federal programs, state and local governments, or private resources. You must match rental assistance provided through the Shelter Plus Care Program in the aggregate with supportive services. Shelter Plus Care requires a dollar for dollar match; the recipient’s match source can be cash or in kind from any of the sources above. Documentation of the match requirement must be maintained in the grantee’s financial records on a grantspecific basis. C. Other 1. Eligible Activities. Eligible activities for the SHP, S+C, and SRO Programs are outlined in the preceding CoC Homeless Assistance Programs Chart at Section III.A.3. 2. Threshold Requirements. a. Project Eligibility Threshold. HUD will review projects to determine if they meet the following eligibility threshold VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 requirements. If HUD determines the following standards are not met by a specific project or activity, the project or activity will be rejected from the competition. (1) Applicants and sponsors must meet the eligibility requirements of the specific program as described in program regulations and provide evidence of eligibility and appropriate certifications as specified by the attachments in Section VIII. (2) The population to be served must meet the eligibility requirements of the specific program as described in the program regulations and the application must clearly establish eligibility of program participants to be served pertaining to homelessness and disability status. (3) New this year, the only persons who may be served by new and renewal permanent housing projects are those who come from the streets, emergency shelters, or transitional housing. As participants leave currently operating projects, participants who meet this new eligibility standard must replace them. (4) Projects that involve rehabilitation or new construction must meet the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, the design and construction requirements of the Fair Housing Act and the accessibility requirements of the Americans with Disabilities Act, as applicable. (5) The project must be cost-effective, including costs associated with construction, operations and supportive services with such costs not deviating substantially from the norm in that locale for the type of structure or kind of activity. PO 00000 Frm 00303 Fmt 4701 Sfmt 4703 (6) For those applicants applying for the Innovative component of SHP, whether or not a project is considered innovative will be determined on the basis that the particular approach proposed is new and can be replicated. (7) S+C renewal applications that are not submitted as part of a CoC application will not be considered as eligible for funding. (8) Under the Sponsor-based rental assistance S+C component, an applicant must subcontract the funding awarded with an eligible sponsor: a private nonprofit organization or a community mental health agency established as a public nonprofit organization, that owns or leases the housing where participants will reside.. (9) For the Section 8 SRO program, only individuals meeting HUD’s definition of homeless are eligible to receive rental assistance. Therefore, any individual occupying a unit at commencement of the unit’s rehabilitation will not receive rental assistance if they return to their unit (or any other) upon completion of its rehabilitation. (10) Applicants agree to participate in a local HMIS system when it is implemented in their community. b. Project Quality Threshold. HUD will review projects to determine if they meet the following quality threshold requirements. A S+C or SHP project renewal will be considered as having met these requirements through its previously approved grant application unless information to the contrary is received. The housing and services proposed must be appropriate to the needs of the program participants and E:\FR\FM\21MRBK3.000 21MRBK3 14278 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices the community. HUD will assess the following: (1) The type, scale and general location of the housing fit the needs of the participants and that the housing is readily accessible to community amenities. (2) That the vast majority of the proposed participants come from the streets or homeless shelters or transitional housing for homeless persons. (3) The type, scale and location of the supportive services fit the needs of the participants and the mode of transportation to those services is described. (4) The specific plan for ensuring clients will be individually assisted to obtain the benefits of the mainstream health, social service, and employment programs for which they are eligible is provided. (5) How participants are helped to obtain and remain in permanent housing is described. (6) How participants are assisted to both increase their incomes and live independently is provided. (7) Applicants and sponsors must evidence satisfactory performance for existing grant(s). c. Project Renewal Threshold. Your local needs analysis process must consider the need to continue funding for projects expiring in calendar year 2006. HUD will not fund competitive renewals out of order on the priority list except as may be necessary to achieve the 30 percent overall permanent housing requirement and the 10 percent requirement for individuals experiencing chronic homelessness requirement. It is important that SHP renewals and S+C non-competitive renewals meet minimum project eligibility, capacity and performance standards identified in this NOFA or they will be rejected from consideration for either competitive or noncompetitive funding. d. Civil Rights Thresholds: Applicants and the project sponsors must be in compliance with applicable civil rights laws and Executive Orders, and must meet the threshold requirements of the General Section. (1) Projects funded under this NOFA shall operate in a fashion that does not deprive any individual of any right protected by the Fair Housing Act (42 U.S.C. 3601–19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or the Age Discrimination Act of 1975 (42 U.S.C. 6101). VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (2) Local Resident Employment. To the extent that any housing assistance (including rental assistance) funded through this NOFA is used for housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair, and replacement) or housing construction, then it is subject to section 3 of the Housing and Urban Rehabilitation Act of 1968, and the implementing regulations at 24 CFR part 135. Section 3, as amended, requires that economic opportunities generated by certain HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be given to low- and very lowincome persons, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities for these persons. (3) Relocation. The SHP, S+C, and SRO programs are subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). These requirements are explained in HUD Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition. Also see General Section. (4) Environmental Reviews. All CoC assistance is subject to the National Environmental Policy Act and applicable related Federal environmental authorities. Conditional selection of projects under the CoC Homeless Assistance competition is subject to the environmental review requirements of 24 CFR 582.230, 583.230 and 882.804(c), as applicable. The recipient, its project partners and their contractors may not acquire, rehabilitate, convert, lease (under S+C/ TRA where participants are required to live in a particular structure or area as described in Section III.C.3.e(3)(a)), repair, dispose of, demolish or construct property for a project under this CoC NOFA, or commit or expend HUD or local funds for such eligible activities, until the responsible entity has completed the environmental review procedures required by Part 58 and the environmental certification and Request for Release of Funds (RROF) have been approved or HUD has performed an environmental review under Part 50 and the recipient has received HUD approval of the property. The expenditure or commitment of Continuum of Care assistance or nonfederal funds for such activities prior to this HUD approval may result in the denial of assistance for the project under consideration. PO 00000 Frm 00304 Fmt 4701 Sfmt 4703 3. Program Requirements. a. CoC Geographic Area. In deciding what geographic area you will cover in your CoC strategy, you should be aware that the single most important factor in being awarded funding under this competition will be the strength of your CoC strategy when measured against the CoC rating factors described in this NOFA. When you determine what jurisdictions to include in your CoC strategy area, include only those jurisdictions that are fully involved in the development and implementation of the CoC strategy. The more jurisdictions you include in the CoC strategy area, the larger the pro rata need share that will be allocated to the strategy area (as described in Section V.B.2.b. of this NOFA). If you are a rural county, you may wish to consider working with larger groups of contiguous counties to develop a regionwide or multi-county CoC strategy covering the combined service areas of these counties. The areas covered by CoC strategies should not overlap. b. Expiring/Extended Grants. If your SHP or S+C Program grant will be expiring in calendar year 2006, or if your S+C Program grant has been extended beyond its original five-year term and is projected to run out of funds in FY 2006, you must apply as a renewal under this CoC NOFA to get continued funding. c. Coordination with Mainstream Resources. If your project is selected for funding as a result of the competition, you will be required to coordinate and integrate your homeless program with other mainstream (non-homeless targeted) health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, Welfare-toWork grant program and Veterans Health Care. d. Prevention Strategies and Discharge Policies. In addition, as a condition for award, any governmental entity serving as an applicant must agree to develop and implement, to the maximum extent practical and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. While the state or local governmental entity having E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices jurisdiction in the area of the Continuum’s application has the formal responsibility to enact the discharge policy, the Continuum is expected to actively involve itself in the planning and implementation of the discharge policy. This condition for award is intended to emphasize that states and units of general local government are primarily responsible for the care of these individuals, and to forestall attempts to use scarce McKinney-Vento Act homeless assistance funds to assist such persons in lieu of state and local resources. e. Program-Specific Requirements. Please be advised that where an applicant for the SHP funding is a state or unit of general local government that utilizes one or more nonprofit organizations to administer the homeless assistance project(s), administrative funds provided as part of the SHP grant must be passed on to the nonprofit organization(s) in proportion to the administrative burden borne by them for the SHP project(s). HUD will consider states or units of general local government that pass on at least 50 percent of the administrative funds made available under the grant as having met this requirement. This requirement does not apply to either the SRO Program, since only PHAs administer the SRO rental assistance, or to the S+C Program, since paying the costs associated with the administration of these grants is ineligible by regulation. (1) SHP—New Projects (a) Please note that the grant term for new SHP projects is two (2) or three (3) years. (b) HUD will require recordation of a HUD-approved use and repayment covenant (a form may be obtained from your field office) for all grants of funds for acquisition, rehabilitation or new construction. The covenant will enforce the use and repayment requirements found at section 423(b)(1) and (c) of the McKinney-Vento Act and must be approved by HUD counsel before execution and recordation. Proof of recordation must be provided to HUD counsel before funds for rehabilitation or new construction may be drawn down. (c) All project sponsors must meet applicant eligibility standards as described in Section III.A.3. As in past years, HUD will review sponsor eligibility as part of the selection process. Project sponsors are required to submit evidence of their eligibility with the application (See Section IV.B.1.(3)(a). VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 (2) SHP—Renewal Projects (a) For the renewal of a SHP project, you may request funding for one (1), two (2) or three (3) years. (b) The total request for each renewable project cannot exceed the average yearly amount received in your current grant for that project, plus up to five percent for administration. Projects proposing both to renew the existing project and expand the number of units or number of participants receiving services must submit a new project proposal for the expansion portion of the project. HMIS activities being renewed should be included on the HMIS budget chart. (c) HUD will recapture SHP grant funds remaining unspent at the end of the previous grant period when it renews a grant. (3) S+C—New Projects (a) A project may not include more than one component, e.g., combining Tenant-based Rental Assistance (TRA) with Sponsor-based Rental Assistance (SRA) is prohibited within the same grant. Under the TRA component, in order to help provide supportive services or for the purposes of controlling housing costs, a grantee may require participants to live in a particular structure for the first year of assistance or to live in a particular area for the entire rental assistance period. Where this option is exercised, an environmental review and clearance must be performed prior to any commitment to lease a particular structure or unit for participant occupancy as described in Section III.C.2.d.(4), Environmental Reviews. (b) S+C/SRO Component. If you are a state or a unit of general local government, you must subcontract with a Public Housing Authority to administer the S+C assistance. Also, no single project may contain more than 100 units. (c) S+C SRA Component. Project sponsors must submit proof of their eligibility to serve as a project sponsor. (4) S+C Renewal Projects HUD encourages the consolidation of appropriate S+C renewal grants when the grants are under the same grantee, same component and expire in the same year. However, renewal requests for expiring S+C grants should still be listed individually on the CoC priority list and will be awarded as individual renewal grants. Where the grantee wishes to consolidate the renewal grants, this action may be subsequently accomplished by the field office at the point of renewal grant agreement PO 00000 Frm 00305 Fmt 4701 Sfmt 4703 14279 execution. The field office will receive instructions for this process in the S+C Operating Procedures guidance for 2005 awards. (a) For the renewal of a S+C project, including S+C SROs, the grant term will be one (1) year, as specified by Congress. For the renewal of S+C rental assistance that is Tenant-based (TRA), Sponsor-based (SRA) or Project-based (PRA), you may request up to the amount determined by multiplying the number of units under lease at the time of your application for renewal funding by the applicable 2005 Fair Market Rent(s) by 12 months. Current FMRs can be found at www.hudclips.org. For S+C grants having been awarded one year of renewal funding in 2004, the number of units requested for renewal this year must not exceed the number of units funded in 2004. As is the case with SHP, HUD will recapture S+C grant funds remaining unspent at the end of the previous grant period when it renews a grant. The one-year term of non-competitively awarded S+C renewal projects may not be extended. (b) The renewal of S+C SROs expiring in 2006 will also be non-competitively awarded under this NOFA. For the renewal of S+C SRO rental assistance, you may request up to the amount determined by multiplying the number of units under contract at the time of your application for renewal funding by the contract rent at the time of expiration by 12 months. (c) Under the FY 2005 Consolidated Appropriations Act, eligible S+C Program grants whose terms are expiring in 2006, and S+C Program grants that have been extended beyond their original five-year terms but which are projected to run out of funds in 2006, will be renewed for one year provided that they are determined to be needed by the CoC as evidenced by their inclusion on the priority chart. These projects must also demonstrate that their applicant and sponsor meet eligibility, capacity and performance requirements described in Section V.A.1 of this NOFA. Non-competitive S+C renewals should be submitted by the application deadline. These S+C renewal projects will not count against a continuum’s pro rata need amount, but should be numbered, continuing the priority sequence, on the CoC Priority Chart. On the other hand, no community hold harmless amount will be computed for any CoC using S+C renewal amounts since these projects are being funded outside of the competition. E:\FR\FM\21MRBK3.000 21MRBK3 14280 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices (5) Section 8 Moderate Rehabilitation SRO Program—New Projects As an applicant, the following limitations apply to the Section 8 SRO program: (a) Under section 8(e)(2) of the United States Housing Act of 1937, no single project may contain more than 100 assisted units. (b) Under 24 CFR 882.802, applicants that are private nonprofit organizations must subcontract with a Public Housing Authority to administer the SRO assistance. (c) Under section 8(e)(2) of the United States Housing Act of 1937 and 24 CFR 882.802, rehabilitation must involve a minimum expenditure of $3,000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to upgrade conditions to comply with the Physical Condition Standards. (d) Under section 441(e) of the McKinney-Vento Act and 24 CFR 882.805(d)(1), HUD publishes the SRO per unit rehabilitation cost limit each year to take into account changes in construction costs. This cost limitation applies to rehabilitation that is compensated for in a Housing Assistance Payments (HAP) Contract. For purposes of Fiscal Year 2005 funding, the cost limitation is raised from $19,500 to $20,000 per unit to take into account increases in construction costs during the past 12-month period. (e) The SRO Program is subject to the Federal standards at 24 CFR part 882, subpart H. (f) Individuals assisted through the SRO Program must meet the definition of homeless individual found at section 103 of the McKinney-Vento Act. (g) Resources outside the program pay for the rehabilitation, and rehabilitation financing. The rental assistance covers operating expenses of the SRO housing, including debt service for rehabilitation financing. Units may contain food preparation or sanitary facilities or both. (6) Section 8 Moderate Rehabilitation SRO Program—Renewals This program section of the NOFA is not applicable to the renewal of funding under the Section 8 SRO program. The renewal of expiring Section 8 SRO projects is not part of the competitive CoC NOFA process. Rather, expiring Section 8 SROs will be identified at the beginning of the applicable year by the public housing authority and HUD field office. One-year renewal funds for expiring Section 8 SRO HAP contracts will be provided by HUD under a separate, non-competitive process. For further guidance on Section 8 SRO VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 renewals, please contact your local HUD field office. f. Timeliness Standards. As an applicant, you are expected to initiate your approved projects promptly in accordance with Section VI.A of this NOFA. In addition, HUD will take action if you fail to satisfy the following timeliness standards: (1) SHP: HUD will deselect your award if you do not demonstrate site control within one (1) year of the date of your grant award letter, as required by the McKinney-Vento Act (see 42 U.S.C. 11386(a)(3)) and implemented in program regulations at 24 CFR 583.320(a). Subsequent loss of site control beyond the 12-month statutory limit will be cause for cancellation of the award and recapture of funds. HUD may deobligate SHP funds if the following additional timeliness standards are not met: (a) You must begin construction activities within eighteen (18) months of the date of HUD’s grant award letter and complete them within thirty-six (36) months after that notification. (b) For activities that cannot begin until construction activities are completed, such as supportive service or operating activities that will be conducted within the building being rehabilitated or newly constructed, you must begin these activities within three (3) months after you complete construction. (c) You must begin all activities that may proceed independent of construction activities, including HMIS, within twelve (12) months of the date of HUD’s grant award letter. HUD may reduce a grant agreement term to one (1) year where implementation delays have reduced the amount of funds that reasonably can be used in the original term. (2) S+C Except SRO Component. HUD may deobligate S+C funds if you do not meet the following timeliness standards: (a) For Tenant-based Rental Assistance, for Sponsor-based Rental Assistance, and for Project-based Rental Assistance without rehabilitation, you must start the rental assistance within twelve (12) months of the date of HUD’s grant award letter. (b) For Project-based Rental Assistance with rehabilitation, you must complete the rehabilitation within twelve (12) months of the date of HUD’s grant award letter. (3) Section 8 Moderate Rehabilitation SRO Program and SRO Component of the S+C Program. For projects carried out under the Section 8 SRO program and the SRO component of the S+C program, the rehabilitation work must be completed and the HAP contract PO 00000 Frm 00306 Fmt 4701 Sfmt 4703 executed within twelve (12) months of execution of the Annual Contributions Contract. HUD may reduce the number of units or the amount of the annual contribution commitment if, in HUD’s determination, the Public Housing Authority fails to demonstrate a good faith effort to adhere to this schedule. IV. Application and Submission Information A. Addresses to Request Application Package. A checklist of forms needed to complete the application is provided. Exhibits 1–4 and the Applicant Certifications are attachments as described in Section VIII below. The Exhibits, Geographic Codes, Initial Pro Rata Need Amounts, Applicant Certifications, and the Questions and Answers Supplement can be accessed at https://www.hud.gov/offices/adm/grants/ fundsavail.cfm. An applicant may also obtain a copy of the SuperNOFA by calling the NOFA Information Center at 1–800–HUD–8929 (voice) (this is a toll free number) or you may download it from the web site at https:// www.grants.gov. Please note that all sections of the SuperNOFA are critical and must be carefully reviewed to ensure your application can be considered for funding. B. Content and Form of Application Submission. The only option for submitting a viable application under this NOFA is to submit the entire Continuum of Care application, with all of its projects, together in a single package mailed to HUD. Each application will consist of one Continuum of Care Exhibit and submissions from one or more applicants and project sponsors. Although HUD will accept an application for a project exclusive of participation in any community-wide or region-wide CoC development process, projects will receive few, if any, points under the CoC rating factors and are very unlikely to be funded. To ensure that no applicant is afforded an advantage in the rating of the CoC element (described in Section V.A.2.a.) HUD is establishing a limitation of 30 pages, excluding required multiple page tables or charts but including any attachments, on the length of Exhibit 1 of any application submitted in response to this NOFA. HUD will not consider the contents of any pages exceeding this limit when rating the Continuum of Care element of any application. Please note Exhibit 1, as well as Exhibits 2–4, should only include the actual application questions and responses being provided and should not include the HUD application instructions or any blank tables and E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices charts. The General Section contains certifications that the applicant will comply with fair housing and civil rights requirements, program regulations, and other Federal requirements, and (where applicable) that the proposed activities are consistent with the HUD-approved Consolidated Plan of the applicable state or unit of general local government. Attachment 7 to this NOFA contains program-specific Applicant Certifications. 1. Application Submission Requirements: a. A completed application will include one Exhibit 1 (CoC) and any number of Exhibits 2 (SHP New), 2R (SHP Renewal), 3 (S+C New), 3R (S+C Renewal) and 4 (SRO New), depending on the number of projects and type of programs proposed for funding. For example, if you were proposing five SHP Renewal projects and one S+C New project, then you would submit one Exhibit 1, five Exhibits 2R and one Exhibit 3. No submission would be necessary for Exhibit 4 because funding is not being requested under the Section 8 SRO program in this example. Refer to Assembly Order below for full assembling instructions. b. Assembly Order: Each CoC must submit the entire CoC application, with all of its parts, in a single package to HUD. There are three separate sections to a CoC submission: The CoC Exhibit 1, all applicant documentation, and all project documentation. The application must be assembled in the following order: (1) Section I—Exhibit 1 Narrative and Charts (a) Exhibit 1, the CoC plan with Forms CoC–A through N; (b) HUD–27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers; (c) HUD 2993, Acknowledgment of Application Receipt; and (d) HUD 2994, Client Comments and Suggestions (optional). (2) Section II—Applicant Documentation (a) SF–424 Application for Federal Assistance. Submit one SF–424 for each applicant in the Continuum. Attached to each SF–424 must be a list of all the applicant’s projects in priority number order, with project name and requested amount. Each SF–424 must also include the applicant’s DUNS number. Please see the General Section for more information on obtaining a DUNS number. The SF–424 SUPP, Survey on Ensuring Equal Opportunity for Applicants, is for private nonprofits applicants only and completion/ VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 submission of this survey is voluntary. Additionally, each applicant must attach the following documentation (i-v) to its SF–424: (i) Documentation of Applicant Eligibility. Only applicants for new projects must include documentation of eligibility as defined in the chart in Section III.A.3. Also, see Section I.A.8.k. & l. of this NOFA for information on the documentation required to validate nonprofit status. (ii) SF–LLL, Disclosure of Lobbying Activities, where applicable. (iii) Applicant Code of Conduct. (New applicants and applicants awarded HUD funding prior to 2005). (iv) HUD 40076–CoC, Applicant Certifications, located in Attachment 7 of this NOFA. (3) Section III—Project Documentation: Each project applying under Exhibits 2–4 must be submitted in its priority list order with all required forms for that exhibit. The following documentation must be included after each project submission: (a) Documentation of Sponsor Eligibility. Only sponsors for new projects must include documentation of eligibility as defined in the chart in Section III.A.3. See also Section I.A.8.m. for information on the documentation required to validate sponsor eligibility. (b) HUD–96010, Logic Model; (c) HUD–2880, Applicant/Recipient Disclosure/Update Report; (d) HUD–2991, Certification of Consistency with the Consolidated Plan; and (e) SF 424–SUPP, Survey on Ensuring Equal Opportunity for Applicants (for private nonprofit applicants only— completion of survey is voluntary). 2. Assembly Format a. The standard font to be used for narratives is Times New Roman, size 12 (pitch). Number all pages within each exhibit sequentially and insert tabs marking each exhibit. For Exhibit 1, CoC narrative, number pages from 1 up to 30 using letter suffixes where appropriate to indicate pages that do not count toward the 30 page limit as per the instructions for completing the CoC narrative. For example, the first page of a 4 page project leveraging chart would be numbered 23 while the next 3 pages of the chart would be numbered 23–A, 23–B, and 23–C. b. Please use a two-hole punch to insert holes at the top of your application. c. Please do not bind your application, since this impedes processing. C. Submission Dates and Times: 1. Application Submission Date. Your PO 00000 Frm 00307 Fmt 4701 Sfmt 4703 14281 completed application should be submitted on or before June 10, 2005 to the addresses shown below. HUD will not accept faxed or hand delivered applications. a. Timeliness. Your application will be considered timely filed if your application is postmarked on or before 11:59:59 on the application submission date and received by HUD on or within fifteen (15) days of the application submission date. Applicants mailing their applications must take their application to a post office to get a receipt of mailing that provides the date and time the package was submitted to the USPS. Postal Service rules now require that large packages must be brought to a postal facility for mailing. In many areas, the USPS has made a practice of returning to the sender, large packages that have been dropped in a mail collection box. Paper copy applications submitted to the USPS by the submission date and time and received by HUD no later than 15 days after the established submission date will receive funding consideration. Applicants should request a receipt for mailing their application submission, which shows the date and time it was received by the Postal Service. If the USPS does not have a receipt showing a digital time stamp to record the submission time, HUD will also accept USPS Form 3817, Certificate of Mailing, date stamped by the Postal Service. Applicants may use any type of mail service provided by the USPS to have their application package delivered to HUD in time to meet the timely submission requirements. Applicants whose applications are determined to be late, who cannot furnish HUD with a receipt from the USPS that verifies the package was submitted to the USPS prior to the submission due date and time, will not receive funding. If your application is sent by overnight delivery or express mail, other than the United States Postal Service, your application will be timely filed if it is placed in transit with the overnight/express mail service on or before the application due date. Applicants should retain a receipt from these services showing that it was submitted for delivery by the application submission date and time. b. Field Office Copies. The HUD Field Office must also receive one copy of your application, with the same due date and timely filed requirements as described in Section IV.C.1.a above. The General Section provides for a process to use the HUD Field Office copy of the application when a portion may be missing from the HUD Headquarters copy. To supplement that guidance, in the rare event that a CoC’s entire E:\FR\FM\21MRBK3.000 21MRBK3 14282 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices application is not received at HUD Headquarters on time, HUD may similarly request proof that the Headquarters and Field Office copy was timely filed and, if so, may use the copy received by the Field Office for review. D. Intergovernmental Review. Not applicable. This funding opportunity is not subject to Executive Order (EO) 12372. E. Funding Restrictions. Funding Restrictions are outlined in Sections V.B.3.a and V.B.3.b. F. Other Submission Requirements: 1. Addresses for Submitting Applications a. To HUD Headquarters. Submit your original completed application (the application with the original signed documentation) and one additional copy of Exhibit 1 only to: HUD Headquarters, Robert C. Weaver Building, 451 Seventh Street, SW., Room 7270, Washington, DC 20410, Attention: Continuum of Care Programs. b. To the Appropriate CPD Field Office. Also submit one copy of your completed application to the Community Planning and Development Division of the appropriate HUD Field Office for your jurisdiction. Please see the General Section for Field Office addresses. 2. Security Procedures. HUD recommends that applications be mailed or shipped express using the United States Postal Service (USPS). However, applications shipped via United Parcel Service (UPS), FedEX, DHL, or Falcon Carrier will also be accepted. Due to HUD security regulations, no other delivery service is permitted into HUD Headquarters without escort. You must, therefore, use one of the four carriers listed above. HUD will not be responsible if a carrier other than one of the named carriers is unable to deliver your application. V. Application Review Information A. Criteria. Your application will receive a higher score under the CoC scoring factors if the application demonstrates the achievement of three basic goals: —One, that you have provided maximum participation in the planning process by nonprofit organizations (including those representing persons with disabilities), government agencies, public housing authorities, faithbased and other community-based organizations, other homeless providers, housing developers and service providers, private businesses and business associations, law enforcement agencies, funding VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 providers, and homeless or formerly homeless persons. Also, you ensure that other 10 year plans within your CoC’s geographic area are aligned with the CoC plan; —Two, that you have created, maintained, and built upon a community-wide inventory of housing and services for homeless families and individuals (both HUD and non-HUD funded); identified the full spectrum of needs of homeless families and individuals; and coordinated efforts to fill gaps between the current inventory and existing needs. This coordinated effort must appropriately address all aspects of the continuum, especially permanent housing; and —Three, that you have instituted a CoCwide strategy to coordinate homeless assistance with mainstream health, social services and employment programs for which homeless individuals and families may be eligible. These programs include, but are not limited to, Medicaid, Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, Welfare-to-Work grant program, and Veterans Health Care. 1. Applicant and sponsor eligibility, capacity and performance: HUD will review applications to ensure that the applicant and project sponsor meet the eligibility and capacity standards outlined in this section. If HUD determines these standards are not met, the project will be rejected from the competition. The eligibility, capacity and performance standards are as follows: a. You must be eligible to apply for the specific program. b. You must demonstrate ability to carry out the project(s). With respect to each proposed project, this means that, in addition to knowledge of and experience with homelessness in general, the organization carrying out the project, its employees, or its partners, must have the necessary experience and knowledge to carry out the specific activities proposed, such as housing development, housing management, and service delivery. c. If you or the project sponsor is a current or past recipient of assistance under a HUD McKinney-Vento Act program, there must have been no delay in meeting applicable program timeliness standards unless HUD determines the delay in project implementation is beyond your or the PO 00000 Frm 00308 Fmt 4701 Sfmt 4703 project sponsor’s control, there are no serious unresolved HUD monitoring finding, and no outstanding audit finding of a material nature regarding the administration of the program. 2. Review, Rating and Conditional Selection. HUD will use the same review, rating, and conditional selection process for all three programs (SHP, S+C and SRO). The standard factors for award identified in the General Section have been modified in this NOFA as described below. Only the factors described in this NOFA—Continuum of Care and Need—will be used to assign points. Paragraphs 2a and 2b in this section describe selection factors. Up to 100 points will be assigned using these factors, including rating points for HUD’s policy priority of ending chronic homelessness by 2012; and the policy priority for removing regulatory barriers to affordable housing (see Section V.A.2.a.(1)(c) and (d) below on both policy priorities). There are no bonus points for proposing projects in an RC/ EZ/EC–IIs. a. Continuum of Care. HUD will award up to 60 points as follows: (1) Process and Strategy: HUD will award up to 17 points based on the extent to which your application demonstrates: (a) The existence of a coordinated and inclusive community process, including organizational structure(s), for developing and implementing a CoC strategy which includes nonprofit organizations (such as veterans service organizations, organizations representing persons with disabilities, faith-based and other community-based organizations, and other groups serving homeless and other low-income persons), state and local governmental agencies, public housing authorities, housing developers and service providers, law enforcement, hospital and medical entities, funding providers, local businesses and business associations, and homeless or formerly homeless persons; and (b) That a well-defined and comprehensive strategy has been developed which addresses the components of a CoC system (i.e., prevention, outreach, intake, and assessment; emergency shelter; transitional housing; permanent independent housing; and permanent supportive housing) and that strategy has been designed to serve all homeless subpopulations in the community (e.g., seriously mentally ill, persons with multiple diagnoses, veterans, persons with HIV/AIDS), including those persons living in emergency shelters, supportive housing for homeless persons, or in places not designed for, E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices or ordinarily used as, a regular sleeping accommodation for human beings. (c) The existence of a realistic strategy for ending chronic homelessness that establishes past performance, future goals and action steps. It should be aligned with other 10-year plans in the community to eliminate chronic homelessness (if applicable), and the local HUD Consolidated Plan. (d) A local plan and/or existing policy to remove regulatory barriers to the production of affordable housing. As provided for in the General Section, HUD will award up to 2 points, within the 17 points for this rating factor, based on the extent that the CoC’s application demonstrates a local plan to remove regulatory barriers to affordable housing. Applicable activities include the support of state and local efforts to streamline processes, eliminate redundant requirements, statutes, regulations, and codes that impede the availability of affordable housing. The response (one questionnaire per CoC) should be submitted for consideration as a completed HUD Form 27300, Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers. The continuum should submit the questionnaire for the local jurisdiction where the majority of its CoC assistance will be provided. Please identify the name of the jurisdiction reported on the top of the first page of the returned questionnaire. This questionnaire can be found in the attachments to the General Section and should be submitted with Exhibit 1. (e) Participation in Energy Star. In keeping with the Administration’s policy priority of promoting energy efficient housing while protecting the environment, applicants applying for new construction or rehabilitation funding, who maintain housing or community facilities or provide services in those facilities, are encouraged to promote energy efficiency and are specifically encouraged to purchase and use Energy Star labeled products. Refer to the General Section for detailed information. (f) Your Continuum’s progress in working with the appropriate local government entity to develop and implement a discharge policy for persons leaving publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. (2) HMIS Implementation. HUD will award up to 5 points based upon the extent to which your application VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 demonstrates progress in the planning, implementation and operation of an HMIS system covering at a minimum all street outreach, emergency shelters and transitional housing programs so that a reliable, unduplicated count of homeless persons on the street and in shelters may be conducted. (3) Gaps and Priorities: HUD will award up to 10 points based on the extent to which your application: (a) Describes the gap analysis performed, uses reliable information and sources that are presented completely and accurately; and (b) Proposes projects that are not inconsistent with the unmet need described in the CoC strategy, describes a fair project selection process, explains how gaps identified through the analysis are being addressed, and correctly completes the priority chart. (4) Leveraging Supplemental Resources: HUD will award up to 8 points based on the extent to which your application demonstrates leveraging of funds requested under this NOFA with other resources, including private, other public, and mainstream services and housing programs, for proposed projects and ongoing efforts. To achieve the highest rating for this factor, applicants must evidence explicit Continuum-wide strategies to coordinate homeless assistance with mainstream health, social services and employment programs for which homeless populations may be eligible, and to use those benefits as appropriate and practicable to help offset supportive service costs of the programs that would otherwise be paid for with HUD funding. These include, but are not limited to, Medicaid, Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health Block Grant and Substance Abuse Block Grant, Workforce Investment Act, the Welfareto-Work grant program, and Veterans Health Care. (5) Emphasis on Housing Activities: HUD will award up to 12 points based upon the relationship between funds requested for housing activities (i.e., transitional and permanent) and funds requested for supportive service activities among projects assigned 40 need points (excluding S+C renewals). Points will be awarded on a sliding scale with the Continuums with the highest percentage of approvable requests for funds for housing activities receiving the highest points. HUD will count as housing activity all approvable requests for funds for rental assistance and approvable requests for funds for acquisition, rehabilitation, construction, PO 00000 Frm 00309 Fmt 4701 Sfmt 4703 14283 leasing and operations when used in connection with housing. HMIS costs and administrative costs will be excluded from this calculation as either a housing or supportive service cost. (6) Performance Measurement: HUD will award up to 8 points based upon the CoC’s progress in reducing homelessness. This will be measured by program participants’ success in moving to and maintaining permanent housing as reported in the most recent APR. HUD will also be assessing the extent to which participants successfully become employed and access mainstream programs. These measures emphasize HUD’s determination to assess grantees’ performance in the prior program year and to determine if they are meeting the overall goal of the Homeless Assistance Grants under which they are funded. Both housing and supportive services only projects will be assessed, using the data submitted in the Exhibit 1 CoC Project Performance on Form HUD 40076 CoC–M. b. Need: HUD will award up to 40 points for need. There is a three-step approach to determining the need scores to be awarded to projects (1) Step 1—HUD’s Determination of preliminary pro rata need: To determine the homeless assistance need of a particular jurisdiction, HUD will use nationally available data, including the following factors as used in the Emergency Shelter Grants (ESG) program; data on poverty, housing overcrowding, population, age of housing, and growth lag. Applying those factors to a particular jurisdiction provides an estimate of the relative need index for that jurisdiction compared to other jurisdictions applying for assistance under this NOFA. (2) Step 2—Determining CoC hold harmless pro rata need: In CoCs where the total amount needed to fund, for one year, all SHP grants eligible for renewal in this competition exceeds the preliminary pro rata need amount for that CoC, the CoC will receive this higher amount, referred to as the CoC hold harmless amount. This adjustment was formerly known as the renewal bonus. SHP grants eligible for renewal are those that expire between January 1, 2006 and December 31, 2006. No adjustment will be made for S+C renewals. To provide communities with maximum flexibility in addressing current needs, CoCs have the discretion to not fund or to reduce one or more SHP renewal project applications and still receive the benefit of the hold harmless amount if the CoC proposes to use that amount of reduced renewal funds for new permanent supportive housing projects. . Please be advised E:\FR\FM\21MRBK3.000 21MRBK3 14284 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices that the new projects (and the renewal dollars attached) proposed through this reallocation are subject to the competitive process, i.e., the CoC must score above the national funding line for the projects to be funded. (3) Step 3—Samaritan Housing Initiative: Formerly referred to as the Permanent Housing Bonus, this special incentive to promote permanent supportive housing for the chronically homeless is provided to CoC systems that place an eligible, new permanent housing project in the number one priority position on the priority list. If the number one priority project qualifies as an eligible, new permanent housing project exclusively serving the chronically homeless, then the full amount of that project’s eligible housing activities, up to a maximum 15 percent of the CoC’s preliminary pro rata need, will be added to the pro rata need amount for the Continuum. The only eligible activities that will be counted toward this bonus are housing activities and for SHP, case management, and administration. Applicants may use no more than 20 percent of this bonus for case management costs. Please note: any amount of the proposed project exceeds the limitations described above will be applied against the pro rata need for the CoC. For the SHP program, housing activities are acquisition, new construction, rehabilitation, leasing of housing and operating costs when used in connection with housing. S+C and SRO rental assistance are defined as housing activities and are eligible under the incentive as well. HMIS costs will be excluded from this calculation as either a housing or supportive service cost. The dollar amount determined after application of each of these steps, as applicable, is referred to as the ‘‘final pro rata need amount.’’ Please be advised that the final funding amount awarded to Shelter Plus Care or Section 8 SRO projects may be different from the requested amount due to changes in the FMRs. HUD will apply FMR changes after selection. (4) Awarding need points to projects: Once HUD establishes the final pro rata need, HUD will apply it against the priority project list in the application. Starting from the highest priority project, HUD will proceed down the list to award need points to each project. Any project not falling fully within the 40 point need range will receive 10 need points. Thereafter, HUD will proceed further down the priority project list and award 10 points for need to each project if it falls fully within the ‘‘second level’’ of pro rata need amount for that CoC. The ‘‘second level’’ is the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 amount between the pro rata need and twice the pro rata need for the CoC. Remaining projects each receive 5 points. If the projects for the Continuum are not prioritized, then all projects will receive 0 points for Need. B. Reviews and Selection Process. 1. Review, Rating and Ranking. HUD may employ rating panels to review and rate applications. See the General Section for more information on rating panels. Two types of reviews will be conducted— threshold review and selection factor (CoC and Need) rating. Applicant and Sponsor Eligibility and Capacity as well as Project Eligibility and Project Quality are threshold reviews. Threshold reviews are explained in Section III.C.2 of this NOFA, which covers eligible applicants and projects. HUD will add the score for the CoC to the Need score to obtain a total score for each project. The projects will then be ranked nationally from highest to lowest according to the total combined score. 2. Conditional Selection and Adjustments to Funding. a. Conditional Selection. Whether a project is conditionally selected, as described in Section VI.A, will depend on its overall ranking compared to others, except that HUD reserves the right to select lower rated eligible projects in order to meet the 30 percent overall permanent housing requirement, as well as the 10 percent chronic homeless requirement. Projects that are included in the 10 percent chronic homeless requirement may also be part of the 30 percent overall permanent housing requirement. (See Section V.B.3 for additional selection considerations regarding these requirements.) When insufficient funds remain to fund all projects in the competition having the same total score, HUD will first fund permanent housing projects if necessary to achieve the 30 percent overall permanent housing requirement. HUD will then fund non-permanent housing, safe haven-TH and transitional housing projects that predominantly serve individuals experiencing chronic homelessness in order to achieve the 10 percent chronic homeless requirement. HUD will then break ties among the remaining projects with the same total score by comparing scores received by the projects for each of the following scoring factors, in the order shown: Need, Overall CoC score, CoC Process and Strategy, CoC Gaps and Priorities, CoC Supplemental Resources, Housing Emphasis and Performance. The final tie-breaking factor is the priority number of the competing projects on the applicable CoC priority list(s). HUD has determined that the Congressional goal of enhancing PO 00000 Frm 00310 Fmt 4701 Sfmt 4703 homeless data collection at the CoC level is best achieved by assisting CoCs seeking dedicated Homeless Management Information Systems (HMIS) to receive Supportive Housing Program funds. To this end, HUD reserves the right to fund for at least one year lower rated eligible dedicated HMIS projects receiving 40 need points and at least 25 Continuum points. b. Adjustments to Funding: HUD has determined that geographic diversity is an appropriate consideration in selecting homeless assistance projects in the competition. HUD believes that geographic diversity can be achieved best by awarding grants to as many CoCs as possible. To this end, in instances where any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa does not have at least one funded CoC, HUD reserves the right to fund eligible project(s) receiving 40 Need points in the CoC with the highest total score in that jurisdiction. To qualify for funding, the total score for these first level projects on the CoC priority list must be at least 65 points. In the case of two or more CoCs with the same total score, HUD will use the tiebreaking rules described above. In addition, if the highest priority project passing threshold requirements within a CoC fails to meet the criteria for receiving 40 Need points, HUD reserves the right to reduce the total requested amount for that project to allow it to qualify for 40 Need points. If you do not submit clear project priority designations for the Continuum or if HUD, at its sole discretion, cannot determine the CoC’s priority designations, then HUD will give all such projects 0 Need points. If the CoC requests a new permanent housing project as the highest priority, and HUD determines that it is not a permanent housing project, HUD reserves the right to not award funds to that project rather than reclassify the component. The intent of this provision is to preserve PRN for lower ranking projects. Finally, if the total amount that would be awarded for first level projects in a CoC exceeds the final pro rata need amount for that CoC, the lowest priority first level project being selected for funding will be reduced to the amount that is wholly within the higher need level. HUD may otherwise adjust funding of applications in accordance with the provisions of the General Section. In addition, HUD reserves the right to ensure that a project that is applying for, and eligible for, selection under this competition is not awarded funds that E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices duplicate activities. If the geography included in your CoC strategy substantially overlaps that of another application, projects within the CoC application that receive the highest CoC score will be eligible for up to 40 Need points. Projects in the competing CoC application with the lower CoC score will receive 0 need points. In no case will the same geographical area be used more than one time in assigning Need points. The local HUD Field Office can help you determine if any of the areas proposed for inclusion by your CoC system is also likely to be claimed under another CoC system in this competition. 3. Additional Selection Considerations. HUD also will apply the limitations on funding described below in making conditional selections. a. Thirty Percent Permanent Housing Requirement. In accordance with the appropriation for homeless assistance grants in the Fiscal Year 2005 Consolidated Appropriations Act, HUD will use not less than 30 percent of the total FY 2005 Homeless Assistance Grants appropriation, excluding amounts provided for renewals under the S+C Program, to fund projects that meet the definition of permanent housing. Projects meeting the definition of permanent housing for this purpose are: (1) New and renewal projects under the SHP that are designated as either permanent housing for homeless persons with disabilities or Safe Haven projects designated as having the characteristics of permanent housing for homeless persons with disabilities, including having leases with all program participants. All such permanent housing projects chosen for this purpose must have received at least 10 Need points, and must be submitted as part of a CoC application receiving at least 25 points under the CoC scoring factor. However, no CoC applicant may receive more than 30 percent of its pro rata need, up to $3 million, for ‘‘secondlevel’’ permanent housing projects assigned 10 Need points that are selected for funding under this procedure. (See Section V.A.2.b (4) for definition of ‘‘second-level’’.) HUD will award no less than 30 percent of the total FY 2005 Homeless Assistance Grants appropriation, excluding amounts for S+C renewals, for permanent housing projects unless an insufficient number of approvable permanent housing projects are submitted. In order to meet this permanent housing funding requirement and stay within the total funding amount available, initially selected Supportive Service Only (SSO) and nonpermanent housing projects will be VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 deselected if necessary to add an adequate number of permanent housing projects, even if they are lower scoring housing projects. HUD will, if necessary, first proceed to de-select new SSO projects initially selected, starting with lowest scoring new projects and proceeding to higher scoring new SSO projects initially selected. If the funding line is still exceeded, HUD will proceed to de-select the lowest scoring new nonpermanent housing projects initially selected and proceed to higher scoring new non-permanent housing projects. Finally, if the funding line is still exceeded HUD will proceed to de-select SSO and then other non-permanent housing renewal projects until all selected projects are within the funding line. (2) New S+C projects; and (3) SRO projects. b. Ten Percent Housing for Chronic Homeless Requirement: HUD has implemented a requirement that at least 10 percent of the appropriation must be awarded for projects predominantly serving individuals experiencing chronic homelessness. To be considered predominantly serving chronically homeless people, at least 70 percent of the persons served in this project must meet HUD’s definition of chronic homelessness. Permanent housing, transitional and safe haven housing projects, whether new or renewal, that commit to predominantly serving persons experiencing chronic homelessness will be counted for this purpose. To meet this requirement, HUD will also include permanent housing projects selected for the 30 percent requirement that predominantly serve chronically homeless persons. S+C renewals will then be screened to count projects predominantly serving chronically homeless persons. If the 10 percent requirement is not yet met, permanent, transitional and safe haven housing projects below the funding line that predominantly serve chronically homeless persons will also be selected to achieve this requirement. c. Distribution of Selections: In accordance with section 429 of the McKinney-Vento Act, HUD will award Supportive Housing Program funds as follows: not less than 25 percent for projects that primarily serve homeless families with children; not less than 25 percent for projects that primarily serve homeless persons with disabilities; and not less than 10 percent for supportive services not provided in conjunction with supportive housing. After projects are rated and ranked, based on the factors described above, HUD will determine if the conditionally selected projects achieve these minimum PO 00000 Frm 00311 Fmt 4701 Sfmt 4703 14285 percentages. If not, HUD will skip higher-ranked projects in order to achieve these minimum percentages. In accordance with section 463(a) of the McKinney-Vento Act, as amended by the Housing and Community Development Act of 1992, at least 10 percent of S+C funds will be awarded for each of the four components of the program: Tenant-based Rental Assistance; Sponsor-based Rental Assistance; Project-based Rental Assistance; and Single Room Occupancy (provided there are sufficient numbers of approvable projects to achieve these percentages). After projects are rated and ranked, based on the factors described above, HUD will determine if the conditionally selected projects achieve these minimum percentages. If necessary, HUD will skip higher-ranked projects in order to achieve these minimum percentages. In accordance with section 455(b) of the McKinney-Vento Act, no more than 10 percent of the assistance made available for S+C in any fiscal year may be used for programs located within any one unit of general local government. In accordance with section 441(c) of the McKinney-Vento Act, no city or urban county may have SRO Section 8 projects receiving a total of more than 10 percent of the assistance made available under this program. HUD is defining the 10 percent availability this fiscal year as $10 million for S+C and $10 million for Section 8 SRO. However, if the amount awarded under either of these two programs exceeds $100 million, then the amount awarded to any one unit of general local government (for purposes of the S+C Program) or city or urban county (for the purposes of the Section 8 SRO Program) could be up to 10 percent of the actual total amount awarded for that program. Lastly, HUD reserves the right to reduce the amount of a grant if necessary to ensure that no more than 10 percent of assistance made available under this NOFA will be awarded for projects located within any one unit of general local government or within the geographic area covered by any one Continuum of Care. If HUD exercises a right it has reserved under this NOFA, that right will be exercised uniformly across all applications received in response to this NOFA. 4. Corrections to Deficient Applications. The General Section provides the procedures for corrections to deficient applications. E:\FR\FM\21MRBK3.000 21MRBK3 14286 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VI. Award Administration Information A. Award Notices 1. Action on Conditionally Selected Applications. HUD will notify conditionally selected applicants in writing. HUD may subsequently request them to submit additional project information, which may include documentation to show the project is financially feasible; documentation of firm commitments for cash match; documentation showing site control; information necessary for HUD to perform an environmental review; a copy of your Code of Conduct; and such other documentation as specified by HUD in writing to the applicant, that confirms or clarifies information provided in the application. HUD will notify SHP, SRO, S+C and S+C/SRO applicants of the deadline for submission of such information. If an applicant is unable to meet any conditions for fund award within the specified timeframe, HUD reserves the right not to award funds to the applicant and add them to funds available for the next competition for the applicable program. 2. Applicant Debriefing: See the General Section for applicant debriefing procedures. 3. Appeals Process: Applicants may appeal the results of HUD’s review and selection process if they believe a HUD error has occurred. Appeals must be submitted in writing to the Assistant Secretary for Community Planning and Development and must state what HUD error the applicant believes has occurred. B. Administrative and National Policy Requirements 1. Administrative Requirements. a. The Government Performance and Results Act (GPRA) require Federal agencies to measure the performance of their programs. HUD captures this information not only from monitoring visits and APRs, but also on the data gathered in annual competitions. For example, the description of methods used in determining the project priority order submitted in Exhibit 1, Form HUD 40076 CoC-K, Project Priorities Chart, provides verification that projects are performing satisfactorily and are effectively addressing the needs for which they were designed. HUD’s homeless assistance programs are measured in 2005 by the objective to ‘‘end chronic homelessness and to move homeless families and individuals to permanent housing.’’ This objective has a number of measurable indicators, five of which relate directly to the VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 Continuum of Care homeless assistance programs. These five indicators are: (1) At least 386 functioning CoC communities or 93 percent of our continuums will have a Homeless Management Information System (HMIS) in 2005. This information is collected via Exhibit 1, Form HUD 40076 CoC-J, HMIS; (2) The number of persons experiencing chronic homelessness declines by up to 50 percent by FY 2008. This information is captured in Exhibit 1, Form HUD 40076 CoC-I, Homeless Population and Subpopulations Chart; (3) The percentage of formerly homeless individuals who remain housed in HUD permanent housing projects for at least 6 months will be 70 percent. Stability in this permanent housing is addressed in Exhibit 1, Form HUD 40076 CoC-M, CoC Project Performance; (4) The percentage of homeless persons who have moved from HUD transitional housing to a form of permanent housing will be 60 percent. The success of transitional housing is addressed in Exhibit 1, Form HUD 40076 CoC-M, CoC Project Performance; and (5) The employment rate of persons exiting HUD homeless assistance projects will be 10 percentage points greater than the employment rate of those entering. Obtaining employment is addressed in Exhibit 1, Form HUD 40076 CoC-M, Project Performance Chart. b. To achieve this objective and each of these measurable indicators, HUD needs your community’s help. The emphasis in this year’s competition on housing chronically homeless persons, using HUD funds for transitional and especially permanent housing, helping clients access mainstream service programs and jobs, and implementing HMIS are all aligned with this GPRA objective and its performance indicators. 2. Sanctions. Should HUD determine, in its sole discretion, that sufficient evidence exists to confirm that the entity responsible for convening and managing the CoC process in a community has failed to follow locally established or accepted procedures governing the conduct of that process or has failed to provide for a fair process, including a project priority selection process that gives equal consideration to projects proposed by nonprofit organizations, HUD reserves the authority to impose sanctions up to and including a prohibition on that entity and the individuals comprising that entity from participating in that capacity PO 00000 Frm 00312 Fmt 4701 Sfmt 4703 in the future. In making this determination, HUD will consider as evidence court proceedings and decisions, or the determinations of other independent and impartial review bodies. This authority cannot be exercised until after a description of procedural safeguards, including an opportunity for comment and appeal, and the specific process and procedures for imposing a prohibition or debarment, have been published in the Federal Register. C. Reporting: Once conditionally selected applications advance to full award and execution of a grant agreement, grantees are required to submit an Annual Progress Report (APR) and a completed Logic Model showing outputs and outcomes achieved for the year to both HUD Headquarters and the respective Field Office each year. Also, Grantees who expend $500,000 or more in a year in Federal awards are reminded they must have a single or program-specific audit for that year in accordance with the provisions of 24 CFR 45 and OMB Circular No. A–133. The APR for HUD’s competitive homeless programs provides information to HUD necessary for program monitoring and evaluation. A key element that has been recently added to the APR is measuring the incidence of chronic homelessness and your Continuum’s progress in moving individuals into permanent housing. The process of gathering and analyzing the information needed to complete the APR also assists local projects with their own program evaluation. The APR is the mechanism used by HUD Headquarters and Field Offices to review the performance of funding recipients on an annual basis. The reports permit HUD to understand what types of clients are being served in its homeless assistance programs and what the programs’ success rate is in helping homeless families and individuals achieve residential stability and increase their skills and/or incomes. For the SHP and S+C programs, the APR also reports to HUD the amount of local match that has been provided to fulfill statutory and regulatory requirements. The Department has used the reports to monitor grant execution and to evaluate the eligibility of the population being served and housed, as well as the supportive services offered to the participants. The APR helps identify how effective the grantee has been in helping program participants achieve residential stability, greater selfdetermination, and increase skills or income which are our program goals and objectives. This also allows the E:\FR\FM\21MRBK3.000 21MRBK3 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices agreement or Annual Contributions Contract by HUD. However, between the application deadline and the VII. Agency Contacts announcement of conditional selections, A. For Further Information. You may HUD will accept no information that contact the HUD Field Office serving would improve the substantive quality your area, at the telephone number of your application pertinent to HUD’s shown in the General Section, or you funding decision. may contact the NOFA Information C. Satellite Broadcast. HUD will hold Center at 1–800–483–8929 or by Internet one or more information broadcasts via at: https://www.hud.gov. Individuals who satellite for potential applicants to learn are hearing-or speech-impaired should more about the program and preparation use the Information Relay Service at 1– of the application. Viewing of these 800–877–8339 (these are toll-free broadcasts, which will provide critical numbers). information on the application process, B. For Technical Assistance. Before is highly recommended. For more the application deadline, HUD staff will information about the date and time of be available to provide you with general the broadcast, you should consult the guidance. HUD staff, however, cannot HUD Web site at https://www.hud.gov. provide you with guidance in actually preparing your application. HUD Field VIII. Other Information Office staff also will be available to help A. Paperwork Reduction Act you identify organizations in your The information collection community that are involved in requirements contained in this developing the CoC system. Following document have been submitted to the conditional selection of applications, Office of Management and Budget HUD staff will be available to assist (OMB) for approval under the selected applicants in clarifying or Paperwork Reduction Act of 1995 (44 confirming information that is a U.S.C. 3501–3520) and OMB approval is prerequisite to the offer of a grant grantee to revise or set goals for the next year. VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00313 Fmt 4701 Sfmt 4703 14287 pending. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 44 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, semi-annual reports and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. B. This final section lists the attachments that are critical to the application process. Please see Section IV.B.1.b of this NOFA for a complete description of the forms and certifications required and the order of assembly. In addition to applicant and sponsor documentation of eligibility, please provide: E:\FR\FM\21MRBK3.000 21MRBK3 VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00314 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.315</GPH> 14288 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00315 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14289 EN21MR05.316</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00316 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.317</GPH> 14290 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00317 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14291 EN21MR05.318</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00318 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.319</GPH> 14292 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00319 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14293 EN21MR05.320</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00320 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.321</GPH> 14294 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00321 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14295 EN21MR05.322</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00322 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.323</GPH> 14296 14297 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00323 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.324</GPH> EN21MR05.325</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00324 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.326</GPH> 14298 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00325 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14299 EN21MR05.327</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00326 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.328</GPH> 14300 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00327 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14301 EN21MR05.329</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00328 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.330</GPH> 14302 14303 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00329 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.331</GPH> EN21MR05.332</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00330 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.333</GPH> 14304 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00331 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14305 EN21MR05.334</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00332 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.335</GPH> 14306 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00333 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14307 EN21MR05.336</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00334 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.337</GPH> 14308 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00335 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14309 EN21MR05.338</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00336 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.339</GPH> 14310 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00337 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14311 EN21MR05.340</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00338 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.341</GPH> 14312 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00339 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14313 EN21MR05.342</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00340 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.343</GPH> 14314 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00341 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14315 EN21MR05.344</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00342 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.345</GPH> 14316 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00343 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14317 EN21MR05.346</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00344 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.347</GPH> 14318 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00345 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14319 EN21MR05.348</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00346 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.349</GPH> 14320 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00347 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14321 EN21MR05.350</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00348 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.351</GPH> 14322 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00349 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14323 EN21MR05.352</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00350 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.353</GPH> 14324 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00351 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14325 EN21MR05.354</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00352 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.355</GPH> 14326 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00353 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14327 EN21MR05.356</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00354 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.357</GPH> 14328 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00355 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14329 EN21MR05.358</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00356 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.359</GPH> 14330 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00357 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14331 EN21MR05.360</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00358 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.361</GPH> 14332 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00359 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14333 EN21MR05.362</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / 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16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00365 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14339 EN21MR05.368</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00366 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.369</GPH> 14340 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00367 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14341 EN21MR05.370</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00368 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.371</GPH> 14342 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00369 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14343 EN21MR05.372</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00370 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.373</GPH> 14344 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00371 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14345 EN21MR05.374</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00372 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.375</GPH> 14346 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00373 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14347 EN21MR05.376</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00374 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.377</GPH> 14348 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00375 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14349 EN21MR05.378</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00376 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.379</GPH> 14350 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00377 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14351 EN21MR05.380</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00378 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.381</GPH> 14352 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00379 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14353 EN21MR05.382</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00380 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.383</GPH> 14354 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00381 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14355 EN21MR05.384</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00382 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.385</GPH> 14356 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00383 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14357 EN21MR05.386</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00384 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.387</GPH> 14358 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00385 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14359 EN21MR05.388</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00386 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.389</GPH> 14360 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00387 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14361 EN21MR05.390</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00388 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.391</GPH> 14362 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00389 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14363 EN21MR05.392</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00390 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.393</GPH> 14364 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00391 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14365 EN21MR05.394</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00392 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.395</GPH> 14366 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00393 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14367 EN21MR05.396</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00394 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.397</GPH> 14368 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00395 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14369 EN21MR05.398</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00396 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.399</GPH> 14370 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00397 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14371 EN21MR05.400</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00398 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.401</GPH> 14372 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00399 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14373 EN21MR05.402</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00400 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.403</GPH> 14374 VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00401 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 14375 EN21MR05.404</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00402 Fmt 4701 Sfmt 4725 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E:\FR\FM\21MRBK3.000 21MRBK3 14381 EN21MR05.410</GPH> Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00408 Fmt 4701 Sfmt 4725 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.411</GPH> 14382 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices 14383 BILLING CODE 4210–32–P VerDate jul<14>2003 16:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00409 Fmt 4701 Sfmt 4703 E:\FR\FM\21MRBK3.000 21MRBK3 EN21MR05.412</GPH> [FR Doc. 05–5041 Filed 3–18–05; 8:45 am]

Agencies

[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13976-14383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5041]



[[Page 13575]]

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Part II





Department of Housing and Urban Development





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Notice of HUD's Fiscal Year 2005 Notice of Funding Availability Policy 
Requirements and General Section to the SuperNOFA for HUD's 
Discretionary Programs; Notice

Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / 
Notices

[[Page 13576]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4950-N-01]


Notice of HUD's Fiscal Year 2005 Notice of Funding Availability 
Policy Requirements and General Section to the SuperNOFA for HUD's 
Discretionary Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of HUD's fiscal year (FY) 2005 Notice of Funding 
Availability (NOFA) policy requirements and general section to the 
FY2005 SuperNOFA for HUD's discretionary programs (notice).

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Overview Information

    A. Federal Agency Name: Department of Housing and Urban Development 
(HUD), Office of the Secretary.
    B. Funding Opportunity Title: Policy requirements applicable to all 
HUD Federal financial assistance programs issued through a NOFA during 
FY2005.
    C. Announcement Type: Initial announcement of the general policy 
requirements that apply to all HUD federal financial assistance NOFAs 
for FY2005 issued simultaneously with or after the publication of this 
notice.
    D. Funding Opportunity Number: FR 4950-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA 
number is provided for each HUD federal financial assistance program. 
When using ``Apply Step 1'' on the Grants.gov Web site to download an 
application you will be asked for the CFDA number. Please refer to the 
program NOFA for the CFDA number assigned to the program(s) for which 
you wish to apply.
    F. Dates: The key dates that apply to all HUD federal financial 
assistance made available through HUD's FY2005 NOFAs are found in each 
individual program NOFA and Appendix A to this General Section.
    G. Optional, Additional Overview Content Information: Unless 
otherwise stated, HUD's general policy requirements set forth in this 
notice apply to all HUD federal financial assistance made available 
through HUD's FY2005 NOFAs. These policies cover those NOFAs issued 
through this SuperNOFA as well as those issued after publication of 
this SuperNOFA in the Federal Register.

Full Text of Announcement

I. Funding Opportunity Description

    This notice provides information regarding HUD's FY2005 policy 
requirements applicable to all of HUD's Federal financial assistance 
programs announced through NOFAs published along with this notice and 
any subsequent NOFA published for FY2005. Each such NOFA will provide a 
description of the specific requirements for the program for which 
funding is made available and each will refer to applicable policies 
contained in this notice. Each program NOFA will also describe 
additional procedures and requirements that apply to the individual 
program NOFA, including a description of the eligible applicants, 
eligible activities, threshold requirements, factors for award, and any 
additional program requirement or limitation. To ensure that you are 
able to adequately address all of the application requirements for any 
program for which you intend to apply, please be sure you carefully 
read and respond to both this notice of HUD's NOFA policy requirements 
and the individual program NOFAs.
    Authority. HUD's authority for making funding available under its 
FY2005 programs is identified in each program NOFA under the section 
entitled ``Funding Opportunity Description.''

II. Award Information

    Funding Available. Each program NOFA will identify the estimated 
amount of funds available in FY2005, either as a result of the 
enactment of a HUD appropriations act or based upon available 
appropriations and any funds from previous years available for award in 
FY2005. The FY2005 SuperNOFA contains 53 funding opportunities composed 
of programs and program components totaling approximately $2.26 
billion. As a service to our customers, Appendix A of this notice 
contains a chart of the estimated amount of funds being made available 
in HUD's SuperNOFA for FY2005. If HUD recaptures funds in any program, 
HUD reserves the right to increase the available funding for the 
applicable program by those amounts. Note that additional NOFAs may be 
issued separately from the issuance of the FY2005 SuperNOFA.

III. Eligibility Information

A. Eligible Applicants

    The individual program NOFAs describe the eligible applicants and 
eligible activities for each program.

B. Cost Sharing or Matching

    The individual program NOFAs describe the applicable cost sharing, 
matching requirements, or leveraging requirements related to each 
program, if any.

C. Other Requirements and Procedures Applicable to All Programs

    Except as may be modified in the individual program NOFAs in 
FY2005, the requirements, procedures, and principles listed below apply 
to all programs in FY2005 for which funding is announced via NOFA and 
published in the Federal Register. Please read the individual program 
NOFAs for additional requirements or information.
1. Statutory and Regulatory Requirements
    To be eligible for funding under HUD NOFAs issued during FY2005, 
you, the applicant, must meet all statutory and regulatory requirements 
applicable to the program or programs for which you seek funding. If 
you need copies of the program regulations, they are available from the 
NOFA Information Center or through HUD's Grants Web site at https://
www.hud.gov/offices/adm/grants/fundsavail.cfm. See the individual 
program NOFAs for instructions on how HUD will respond to proposed 
activities that are ineligible.
2. Threshold Requirements
    a. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number 
Requirement. Any applicant seeking funding directly from HUD or other 
federal agencies must obtain a DUNS number and include the number in 
its Application for Federal Assistance submission. Failure to provide 
HUD a DUNS number will prevent you from obtaining an award, regardless 
of whether it is a new award or renewal of an existing award. 
Individuals who personally apply for Federal financial assistance, 
apart from any governmental, business, or nonprofit organization they 
may represent, are excluded from the requirement to obtain a DUNS 
number. This policy is pursuant to the Office of Management and Budget 
(OMB) Policy issued in the Federal Register on June 27, 2003 (68 FR 
38402). HUD's regulation implementing the DUNS Number requirement for 
its programs was issued on an interim basis in the Federal Register on 
March 26, 2004 (69 FR 15671) and published as a final rule on November 
9, 2004 (69 FR 65024). A copy of the OMB Federal Register notice and 
HUD's regulation implementing the DUNS number can be found on HUD's Web 
site at https://www.hud.gov/offices/adm/grants/

[[Page 13577]]

duns.cfm. Applications received electronically cannot be submitted 
without a DUNS number entry. For applicants that are provided a waiver 
to the requirement for electronic submission, failure to provide a DUNS 
number with the application submission will be treated as a technical 
deficiency to the application. If the DUNS number is not provided 
within the cure period (see Section V.B.4, ``Corrections to Deficient 
Applications''), the application will not be funded. Also, see Section 
IV.F, ``Other Submission Requirements,'' for additional information 
regarding the DUNS requirement. The Web site at https://www.grants.gov/
GetStarted provides step-by-step instructions for obtaining a DUNS 
number as well as procedures for registering in the Central Contractor 
Registry and receiving credentials from the Grants.gov E-Authentication 
provider. The registration in the Central Contractor Registry and the 
E-Authentication credentials are not necessary for submitting a paper 
copy application to HUD; only the DUNS number is required. Central 
Contractor Registration is required for submittal of electronic grant 
applications through the Grants.gov portal. For FY2005 electronic 
submission is mandatory unless the applicant receives a waiver of the 
requirement. Procedures for obtaining a waiver are contained in Section 
IV, Application and Submission Information, of this General Section.
    The Continuum of Care NOFA is the only program in the SuperNOFA 
that has retained the paper application process in 2005. Applicants for 
the Continuum of Care NOFA should follow the submission and timely 
receipt requirements in the Continuum of Care Program Section of the 
SuperNOFA.
    c. Compliance with Fair Housing and Civil Rights Laws. (1) With the 
exception of federally recognized Indian tribes and their 
instrumentalities, all applicants must comply with all applicable fair 
housing and civil rights requirements in 24 CFR 5.105(a), as 
applicable. If you are a federally recognized Indian tribe, you must 
comply with the nondiscrimination provisions enumerated at 24 CFR 
1000.12, as applicable. In addition to these requirements, there may be 
program-specific threshold requirements identified in the individual 
program NOFAs.
    (2) If you, the applicant:
    (a) Have been charged with an ongoing systemic violation of the 
Fair Housing Act; or
    (b) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an ongoing pattern or practice of 
discrimination; or
    (c) Have received a letter of findings identifying ongoing systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, Section 
504 of the Rehabilitation Act of 1973, or Section 109 of the Housing 
and Community Development Act of 1974, and the charge, lawsuit, or 
letter of findings referenced in subparagaph (a), (b), or (c) above has 
not been resolved to HUD's satisfaction before the application 
deadline, then you are ineligible and HUD will not rate and rank your 
application. HUD will determine if actions to resolve the charge, 
lawsuit, or letter of findings taken prior to the application deadline 
are sufficient to resolve the matter.
    Examples of actions that would normally be considered sufficient to 
resolve the matter include, but are not limited to:
    (i) A voluntary compliance agreement signed by all parties in 
response to a letter of findings;
    (ii) A HUD-approved conciliation agreement signed by all parties;
    (iii) A consent order or consent decree; or
    (iv) An issuance of a judicial ruling or a HUD Administrative Law 
Judge's decision.
    d. Conducting Business in Accordance with Core Values and Ethical 
Standards. Entities subject to 24 CFR parts 84 and 85 (most nonprofit 
organizations and state, local, and tribal governments or government 
agencies or instrumentalities that receive federal awards of financial 
assistance) are required to develop and maintain a written code of 
conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with regulations 
governing specific programs, your code of conduct must prohibit real 
and apparent conflicts of interest that may arise among officers, 
employees, or agents; prohibit the solicitation and acceptance of gifts 
or gratuities by your officers, employees, or agents for their personal 
benefit in excess of minimal value; and outline administrative and 
disciplinary actions available to remedy violations of such standards. 
If awarded assistance under a HUD program NOFA announced in FY2005, you 
will be required, prior to entering into an agreement with HUD, to 
submit a copy of your code of conduct and describe the methods you will 
use to ensure that all officers, employees, and agents of your 
organization are aware of your code of conduct. Failure to meet the 
requirement for a code of conduct will prohibit you from receiving an 
award of funds from HUD. If you submitted an application to HUD during 
FY2004 that included a code of conduct , and it has been identified by 
HUD on its Web site at https://www.hud.gov/grants/index.cfm, and if that 
information is still valid, you will not have to resubmit another copy. 
However, if your code of conduct is not listed as received on the HUD 
Web site, or if the information you submitted has changed (e.g., the 
person who submitted the previous application is no longer your 
authorized organization representative, the organization has changed 
its legal name or merged with another organization, or the address of 
the organization has changed, etc.), you must submit your current code 
of conduct with your 2005 application for assistance.
    e. Delinquent Federal Debts. Consistent with the purpose and intent 
of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), no award of federal funds 
will be made to an applicant that has an outstanding delinquent federal 
debt unless (1) the delinquent account is paid in full, (2) a 
negotiated repayment schedule is established and the repayment schedule 
is not delinquent, or (3) other arrangements satisfactory to HUD are 
made prior to the deadline submission date.
    f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system in cases 
where the recommended applicant has no prior federal support, HUD's 
program officials have reason to question whether the applicant's 
financial management system meets federal financial management 
standards, or the applicant is considered a high risk based upon past 
performance or financial management findings. HUD will not disburse 
funds to any applicant that does not have a financial management system 
that meets federal standards.
    g. Name Check Review. Recommended applicants are subject to a name 
check review process. Name checks are intended to reveal matters that 
significantly reflect on the applicant's management and financial 
integrity, or if any key individual has been convicted or is presently 
facing criminal charges. If the name check reveals significant adverse 
findings that reflect on the business integrity or responsibility of 
the applicant or any key individual, HUD reserves the right to (1) deny 
funding or consider suspension or termination of an award immediately 
for cause, (2) require the removal of any key individual from 
association with management or implementation of the award, and (3) 
make appropriate provisions or revisions with respect to the method of

[[Page 13578]]

payment or financial reporting requirements.
    h. False Statements. A false statement in an application is ground 
for denial or termination of an award and grounds for possible 
punishment as provided in 18 U.S.C. 1001.
    i. Prohibition Against Lobbying Activities. You, the applicant, are 
subject to the provisions of Section 319 of Public Law 101-121 
(approved October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), 
which prohibits recipients of federal contracts, grants or loans from 
using appropriated funds for lobbying the executive or legislative 
branches of the federal government in connection with a specific 
contract, grant, or loan. In addition, you must disclose, using 
Standard Form LLL, ``Disclosure of Lobbying Activities,'' any funds, 
other than federally appropriated funds, that will be or have been used 
to influence federal employees, members of Congress, or congressional 
staff regarding specific grants or contracts. Federally recognized 
Indian tribes and tribally designated housing entities (TDHEs) 
established by federally recognized Indian tribes as a result of the 
exercise of the tribe's sovereign power are excluded from coverage of 
the Byrd Amendment, but state-recognized Indian tribes and TDHEs 
established only under state law must comply with this requirement. You 
must submit the SF-LLL if you have used or intend to use federal funds 
for lobbying activities.
    j. Debarment and Suspension. In accordance with 24 CFR part 24, no 
award of federal funds may be made to applicants that are presently 
debarred or suspended, or proposed to be debarred or suspended, from 
doing business with the federal government. This requirement applies to 
all lower-tier covered transactions and to all solicitations for lower-
tier covered transactions. The prohibition includes the following:
    (1) Having principals who, within the previous three years, have 
been convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (federal, state, or local) 
transaction, violation of federal or state anti-trust statutes, or 
commission of embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; and
    (2) Charges or indictments by a governmental entity (federal, 
state, or local) for commission of any of the above violations.
3. Other Threshold Requirements
    The individual program NOFAs for which you are applying may specify 
other threshold requirements. Additional threshold requirements may be 
identified in the discussion of ``eligibility'' requirements in the 
individual program NOFAs. If a program NOFA requires a certification of 
consistency with the Consolidated Plan and the applicant fails to 
provide a certification, and such failure is not cured as a technical 
deficiency, HUD will not fund the application. If HUD is provided a 
signed certification indicating consistency with the area's approved 
Consolidated Plan and HUD finds that the activities are not consistent 
with the Consolidated Plan, HUD will not fund the inconsistent 
activities or will deny funding the application if a majority of the 
activities are not consistent with the approved Consolidated Plan. The 
determination not to fund an activity or to deny funding may be 
determined by a number of factors including, the number of activities 
being proposed, the impact of the elimination of the activities on the 
proposal, or the percent of the budget allocated to the proposed 
activities.
4. Additional Nondiscrimination and Other Requirements
    You, the applicant, and your subrecipients must comply with:
    a. Civil Rights Laws, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act 
of 1972 (20 U.S.C. 1681 et seq.).
    b. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) 
of the Fair Housing Act, HUD has a statutory duty to affirmatively 
further fair housing. HUD requires the same of its funding recipients. 
If you are a successful applicant, you will have a duty to 
affirmatively further fair housing opportunities for classes protected 
under the Fair Housing Act. Protected classes include race, color, 
national origin, religion, sex, disability, and familial status. Unless 
otherwise instructed in the individual program NOFA, your application 
must include specific steps to:
    (1) Overcome the effects of impediments to fair housing choice that 
were identified in the jurisdiction's Analysis of Impediments (AI) to 
Fair Housing Choice;
    (2) Remedy discrimination in housing; or
    (3) Promote fair housing rights and fair housing choice.
    Further, you, the applicant, have a duty to carry out the specific 
activities provided in your responses to the individual program NOFA 
rating factors that address affirmatively furthering fair housing. 
These requirements apply to all HUD programs announced via a NOFA, 
unless specifically excluded in the individual program NOFA.
    c. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3). Certain programs to be issued during FY2005 require 
recipients of assistance to comply with Section 3 of the Housing and 
Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic 
Opportunities for Low- and Very Low-Income Persons in Connection With 
Assisted Projects), and the HUD regulations at 24 CFR part 135, 
including the reporting requirements at subpart E. Section 3 requires 
recipients to ensure that, to the greatest extent feasible, training, 
employment, and other economic opportunities will be directed to low- 
and very-low-income persons, particularly those who are recipients of 
government assistance for housing, and business concerns that provide 
economic opportunities to low- and very low-income persons. Review the 
individual program NOFAs to determine if Section 3 applies to the 
program for which you are seeking funding.
    d. Ensuring the Participation of Small Businesses, Small 
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed 
to ensuring that small businesses, small disadvantaged businesses, and 
women-owned businesses participate fully in HUD's direct contracting 
and in contracting opportunities generated by HUD financial assistance. 
Too often, these businesses still experience difficulty accessing 
information and successfully bidding on federal contracts. State, 
local, and tribal governments are required by 24 CFR 85.36(e) and 
nonprofit recipients of assistance (grantees and sub-grantees) by 24 
CFR 84.44(b) to take all necessary affirmative steps in contracting for 
the purchase of goods or services to assure that minority firms, 
women's business enterprises, and labor surplus area firms are used 
whenever possible or as specified in the individual program NOFAs.
    e. Relocation. The relocation requirements of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended, and the implementing government-wide regulation at 49 
CFR part 24 cover any person who moves permanently from real property 
or moves personal property from real

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property directly because of acquisition, rehabilitation, or demolition 
for an activity undertaken with HUD assistance. Some HUD program 
regulations also cover persons who are temporarily relocated. For 
example, 24 CFR 570.606(b)(2)(i)(D)(1), (2), and (3) provide guidance 
on temporary relocation for the Community Development Block Grants 
(CDBG) program. Applicants should review the regulations for the 
programs for which they are applying when planning their project.
    f. Executive Order 13166, ``Improving Access to Services for 
Persons With Limited English Proficiency (LEP).'' Executive Order 13166 
seeks to improve access to federally assisted services, programs, and 
benefits for individuals with limited English proficiency. Applicants 
obtaining an award from HUD must seek to provide access to program 
benefits and information to LEP individuals through translation and 
interpretive services in accordance with LEP guidance published on 
December 19, 2003 (68 FR 70968). For assistance and information 
regarding your LEP obligation, go to https://www.lep.gov.
    g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full 
implementation of Executive Order 13279. The Executive Order 
established fundamental principles and policymaking criteria to guide 
federal agencies in formulating and developing policies that have 
implications for faith-based and community organizations to ensure the 
equal protection for these organizations in social services programs 
receiving federal financial assistance. Consistent with this order, HUD 
has undertaken a review of all policies and regulations that have 
implications for faith-based and community organizations and has 
established a policy priority to provide full and equal access to 
grassroots faith-based and other community-based organizations in HUD 
program implementation. On September 30, 2003 (68 FR 56396), HUD issued 
a final rule to remove barriers to the participation of faith-based 
organizations in eight HUD programs. On March 3, 2004 (69 FR 10126), 
HUD published a proposed rule clarifying that the requirements 
contained in the September 30, 2003, final rule regarding the equal 
participation of faith-based organizations in certain HUD programs also 
applied to the State Community Development Block Grant (State CDBG) 
Program. On July 9, 2004 (69 FR 41712), HUD issued a final rule that 
extended the provisions of the equal treatment of faith-based 
organizations to all HUD programs. Copies of the regulatory changes can 
be found at https://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    h. Accessible Technology. Section 508 of the Rehabilitation Act 
(Section 508) requires HUD and other federal departments and agencies 
to ensure, when developing, procuring, maintaining or using electronic 
and information technology (EIT), that the EIT allow, regardless of the 
type of medium of technology, persons with disabilities access to and 
use of information and data on a comparable basis as is made available 
to and used by persons without disabilities. Section 508's coverage 
includes, but is not limited to, computers (hardware, software, word-
processing, e-mail, and web pages), facsimile machines, copiers, and 
telephones. Among other things, Section 508 requires that unless an 
undue burden would result to the federal department or agency, 
electronic and information technology allow individuals with 
disabilities who are employees or members of the public seeking 
information or services, to have access to and use of information and 
data that is comparable to that of employees and members of the public 
who are not disabled. Where an undue burden exists to the federal 
department or agency, alternative means may be used to allow a disabled 
individual use of the information and data. Section 508 does not 
require that information services be provided at any location other 
than a location at which the information services are generally 
provided. HUD encourages its funding recipients to adopt the goals and 
objectives of the Section 508 by ensuring, whenever EIT is used, 
procured, or developed, that persons with disabilities have access to 
and use of the information and data made available through the EIT on a 
comparable basis as is made available to and used by persons without 
disabilities. This does not affect recipients required compliance with 
Section 504 of the Rehabilitation Act and, where applicable, the 
American with Disabilities Act.
    i. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under a 
HUD program NOFA for procurement, and any person contracting with such 
an agency with respect to work performed under an assisted contract, 
must comply with the requirements of Section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act.
    In accordance with Section 6002, these agencies and persons must 
procure items designated in guidelines of the Environmental Protection 
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of 
recovered materials practicable, consistent with maintaining a 
satisfactory level of competition, where the purchase price of the item 
exceeds $10,000 or the value of the quantity acquired in the preceding 
fiscal year exceeded $10,000; must procure solid waste management 
services in a manner that maximizes energy and resource recovery and 
must have established an affirmative procurement program for 
procurement of recovered materials identified in the EPA guidelines.
    j. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under a HUD program 
NOFA, all successful applicants will be required to cooperate with all 
HUD staff or contractors performing HUD-funded research or evaluation 
studies.
    k. Executive Order 13202, ``Preservation of Open Competition and 
Government Neutrality Towards Government Contractors' Labor Relations 
on Federal and Federally Funded Construction Projects.'' Compliance 
with HUD regulations at 24 CFR 5.108 that implement Executive Order 
13202 is a condition of receipt of assistance under a HUD program NOFA.
    l. Salary Limitation for Consultants. FY2005 funds may not be used 
to pay or to provide reimbursement for payment of the salary of a 
consultant whether retained by the federal government or the grantee at 
more than the daily equivalent of the rate paid for level IV of the 
Executive Schedule, unless specifically authorized by law.
    m. OMB Circulars and Government-wide Regulations Applicable to 
Financial Assistance Programs. Certain OMB Circulars also apply to HUD 
programs in this SuperNOFA. The policies, guidance, and requirements of 
OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and 
Other Agreements with State and Local Governments), A-21 (Cost 
Principles for Education Institutions), A-122 (Cost Principles for 
Nonprofit Organizations), A-133 (Audits of States, Local Governments, 
and Non-Profit Organizations), and the regulations at 24 CFR part 84 
(Grants and Agreements with Institutions of Higher Education, 
Hospitals, and other Non-Profit Organizations), and 24 CFR part 85 
(Administrative Requirements for Grants and Cooperative Agreements to 
State, Local, and Federally Recognized Indian Tribal Governments), may 
apply

[[Page 13580]]

to the award, acceptance, and use of assistance under the individual 
program NOFAs of this SuperNOFA, and to the remedies for noncompliance, 
except when inconsistent with the provisions of HUD's appropriations 
act for 2005, other federal statutes or regulations, or the provisions 
of this SuperNOFA notice. Compliance with additional OMB Circulars or 
government-wide regulations may be specified for a particular program 
in the Program Section of the Super NOFA. Copies of the OMB Circulars 
may be obtained from EOP Publications, Room 2200, New Executive Office 
Building, Washington, DC 20503, telephone (202) 395-3080 (this is not a 
toll-free number) or (800) 877-8339 (toll-free TTY Federal Information 
Relay Service) or from the Web site at https://www.whitehouse.gov/omb/
circulars/.
    n. Environmental Requirements. If you become a recipient under one 
of HUD's programs that assist physical development activities or 
property acquisition, you are generally prohibited from acquiring, 
rehabilitating, converting, demolishing, leasing, repairing, or 
constructing property or committing or expending HUD or non-HUD funds 
for these types of program activities, until one of the following has 
occurred:
    (1) HUD has completed an environmental review in accordance with 24 
CFR part 50; or
    (2) For programs subject to 24 CFR part 58, HUD has approved a 
recipient's Request for Release of Funds (Form HUD-7015.15) following a 
Responsible Entity's completion of an environmental review.
    You, the applicant, should consult the individual program NOFA for 
any program for which you are interested in applying to determine the 
procedures for, timing of, and any exclusions from environmental review 
under a particular program. For applicants applying for funding under 
the Section 202 Supportive Housing for the Elderly program or Section 
811 Supportive Housing for Persons with Disabilities program, please 
note the environmental review requirements for these programs.
    o. Conflicts of Interest. If you are a consultant or expert who is 
assisting HUD in rating and ranking applicants for funding under this 
SuperNOFA or future NOFAs published in FY2005, you are subject to 18 
U.S.C. 208, the federal criminal conflict of interest statute, and the 
Standards of Ethical Conduct for Employees of the Executive Branch 
regulation published at 5 CFR part 2635. As a result, if you have 
assisted or plan to assist applicants with preparing applications for 
programs in this SuperNOFA or NOFAs published in FY2005, you may not 
serve on a selection panel and you may not serve as a technical advisor 
to HUD. All individuals involved in rating and ranking HUD FY2005 NOFAs 
either published simultaneously with this notice or after the 
publication of this notice, including experts and consultants, must 
avoid conflicts of interest or the appearance of conflicts. Individuals 
involved in the rating and ranking of applications must disclose to 
HUD's General Counsel or HUD's Ethics Law Division the following 
information, if applicable: how the selection or non-selection of any 
applicant under this FY2005 Super NOFA will affect the individual's 
financial interests, as provided in 18 U.S.C. 208, or how the 
application process involves a party with whom the individual has a 
covered relationship under 5 CFR 2635.502. The individual must disclose 
this information prior to participating in any matter regarding a 
FY2005 NOFA. If you have questions regarding these provisions or if you 
have questions concerning a conflict of interest, you may call the 
Office of General Counsel, Ethics Law Division, at (202) 708-3815 (this 
is not a toll-free number).
    p. Drug-Free Workplace. If you receive an award of funds from HUD, 
you are required to provide a drug-free workplace. Compliance with this 
requirement means that you will:
    (1) Publish a statement notifying employees that it is unlawful to 
manufacture, distribute, dispense, possess, or use a controlled 
substance in the applicant's workplace and that such activities are 
prohibited. The statement must specify the actions that will be taken 
against employees for violation of this prohibition. The statement must 
also notify employees that as a condition of employment under the 
federal award that they are required to abide by the terms of the 
statement and that each employee must agree to notify the employer in 
writing of any violation of a criminal drug statute occurring in the 
workplace no later than five calendar days after such violation;
    (2) Establish an ongoing drug-free awareness program to inform 
employees about:
    (a) The dangers of drug abuse in the workplace;
    (b) The applicant's policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, or employee 
maintenance programs; and
    (d) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Notify the federal agency in writing within 10 calendar days 
after receiving notice from an employee of a drug abuse conviction or 
otherwise receiving actual notice of a drug abuse conviction. The 
notification must be provided in writing to HUD's Office of 
Departmental Grants Management and Oversight, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 3156, Washington DC 
20410-3000, along with the following information:
    (a) The program title and award number for each HUD award covered;
    (b) The HUD staff contact name, phone, and fax numbers; and
    (c) A grantee contact name, phone, and fax numbers; and
    (4) Require that each employee engaged in the performance of the 
federally funded award be given a copy of the drug-free workplace 
statement required in item (1) and notify the employee that one of the 
following actions will be taken against the employee within 30 calendar 
days of receiving notice of any drug abuse conviction:
    (a) Institution of a personnel action against the employee, up to 
and including termination consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (b) Requiring that the employee participate satisfactorily in a 
drug abuse assistance or rehabilitation program approved for such 
purposes by a federal, state, or local health, law enforcement, or 
other appropriate agency.
    q. Safeguarding Resident/Client Files. In maintaining resident and 
client files, HUD funding recipients shall observe state and local laws 
concerning the disclosure of records that pertain to individuals. 
Further, recipients are required to adopt and take reasonable measures 
to ensure that resident and client files are safeguarded.

IV. Application and Submission Information

A. Addresses To Request Application Package

    This section describes how you may obtain application forms, 
additional information about the HUD program NOFAs, and technical 
assistance. Copies of the published NOFAs and application forms for HUD 
programs announced through NOFA may be downloaded from the grants.gov 
Web site at https://www.grants.gov/FIND and choose from links provided 
under the topic ``Search Grant Opportunities'', which allows you to do 
a basic search or to browse by category or agency. If you have 
difficulty accessing the

[[Page 13581]]

information, you may receive customer support from Grants.gov by 
calling its help line at (800) 518-GRANTS or sending an e-mail to 
support@grants.gov. The operators will assist you in accessing the 
information. If you do not have Internet access and you need to obtain 
a copy of the NOFA, you can contact HUD's NOFA Information Center toll-
free at (800) HUD-8929. Persons with hearing or speech impairments may 
also call toll-free at (800) HUD-2209.
1. Application Kits
    There are no application kits for HUD programs. All the information 
you need to apply will be in the NOFA and available at https://
www.grants.gov/Apply. In response to concerns about the length of time 
it takes for the publication and dissemination of application kits, HUD 
has made an effort to improve the readability of its NOFAs and publish 
all required forms and formats for application submission in the 
Federal Register. The NOFAs and forms are available to be downloaded 
from https://www.grants.gov/Apply, click on Apply Step 1. Please pay 
attention to the submission requirements and format for submission 
specified in each program NOFA to ensure that you have submitted all 
required elements of your application.
    The published Federal Register document is the official document 
that HUD uses to solicit applications. Therefore, if there is a 
discrepancy between any materials published by HUD in its Federal 
Register publications and other information provided in paper copy, 
electronic copy, or at www.grants.gov, the Federal Register publication 
prevails. Please be sure to review your application submission against 
the requirements in the Federal Register file of the program NOFA or 
NOFAs to which you are responding by application. The instructions 
incorporated into the application found on Grants.gov/Apply contain the 
PDF files of the Federal Register publication. By accessing the 
information from the Internet at Grants.gov you will not have to wait 
for copies of the NOFAs or forms to begin to prepare your application 
for funding. HUD is continuing to streamline programs and application 
submission requirements and encourages the applicant community to offer 
additional suggestions.
2. Guidebook and Further Information
    A guidebook to HUD programs entitled, ``Connecting with 
Communities: A User's Guide to HUD Programs and the FY2005 NOFA 
Process,'' is available from the HUD NOFA Information Center and the 
HUD Web site at https://www.hud.gov/offices/adm/grants/fundsavail.cfm. 
The guidebook provides a brief description of all HUD programs, 
identifies eligible applicants for the programs, and provides examples 
of how programs can work in combination to serve local community needs. 
You can also get a copy from the NOFA Information Center at (800) HUD-
8929, or for the hearing impaired, (800) HUD-2209 (TTY) (these are 
toll-free numbers). The NOFA Information Center is open between the 
hours of 10 a.m. to 6:30 p.m. Eastern time, Monday through Friday, 
except on federal holidays.
3. For Technical Assistance
    Before the application submission date, HUD staff will be available 
to provide you with general guidance and technical assistance about 
this notice or about individual program NOFAs. However, HUD staff is 
not permitted to assist in preparing your application. Following 
selection of applicants, but before announcement of awards are made, 
HUD staff is available to assist in clarifying or confirming 
information that is a prerequisite to the offer of an award or Annual 
Contributions Contract (ACC) by HUD. For technical support for 
downloading an application or submitting an application, please call 
Grants.gov Customer Support at (800) 518-GRANTS (this is a toll-free 
number) or e-mail support@grants.gov.
4. SuperNOFA Webcasts
    HUD provides technical assistance and training on its programs made 
available through a notice of funding availability. The NOFA broadcasts 
are interactive and allow potential applicants to obtain a better 
understanding of the threshold, program, and application submission 
requirements for FY2005 funding. Participation in this training 
opportunity is free of charge and can be accessed via HUD's Web site at 
https://www.hud.gov/offices/adm/grants/fundsavail.cfm. The SuperNOFA web 
cast schedule can also be found via HUD's Web site at https://
www.hud.gov/webcasts/index.cfm.

B. Content and Form of Application Submission

    Be sure to read and follow the application submission requirements 
published in each individual program NOFA to which you are responding 
by application.
1. Forms
    Each program NOFA will identify all the required forms for 
submission. HUD's standard forms are identified below:
    a. Application for Federal Assistance (SF-424);
    b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 
Supplement);
    c. Grant Application Detailed Budget (HUD-424-CB);
    d. Grant Application Detailed Budget Worksheet (HUD-424-CBW);
    e. Disclosure of Lobbying Activities (SF-LLL);
    f. Applicant/Recipient Disclosure/Update Report (HUD-2880);
    g. Certification of Consistency with RC/EZ/EC-II Strategic Plan 
(HUD-2990), if applicable;
    h. Certification of Consistency with the Consolidated Plan (HUD-
2991), if applicable;
    i. Acknowledgment of Application Receipt (HUD-2993);
    j. Client Comments and Suggestions (HUD 2994) (Optional);
    k. Program Outcome Logic Model (HUD-96010);
    l. Race and Ethnic Data Reporting Form (HUD-27061);
    m. America's Affordable Communities Initiative (HUD-27300), if 
applicable; and
    n. Facsimile Transmittal (HUD-96011).
    Copies of these forms are included in Appendix B to this General 
Section. Any additional program form required to be submitted to meet 
specific program requirements is included with each program NOFA. The 
electronic version of each NOFA contains all forms required for 
submission.
2. Certifications and Assurances
    The form SF-424-B, Assurances and Certifications, is no longer 
required as a separate submission. However, applicants are placed on 
notice that by signing the SF-424 cover page:
    a. The governing body of the applicant's organization has duly 
authorized the application for federal assistance. In addition, by 
signing or electronically submitting the application, the Authorized 
Organization Representative (AOR) certifies that the applicant:
    (1) Has the legal authority to apply for federal assistance and the 
institutional, managerial, and financial capacity (including funds to 
pay for any non-federal share of program costs) to plan, manage, and 
complete the program as described in the application; will provide HUD 
any additional information it may require; and

[[Page 13582]]

    (2) Will administer the award in compliance with requirements 
identified and contained in the NOFA as applicable to the program for 
which funds are awarded and in accordance with requirements applicable 
to the program.
    b. No appropriated federal funds have been paid or will be paid, by 
or on behalf of the applicant, to any person for influencing or 
attempting to influence an officer or employee of any agency, a Member 
of Congress, or an employee of a Member of Congress, in connection with 
this application for federal assistance or any award of funds resulting 
from the submission of this application for federal assistance or its 
extension, renewal, amendment, or modification. If funds other than 
federal appropriated funds have been or will be paid for influencing or 
attempting to influence the persons listed above, the applicant agrees 
to complete and submit Standard Form LLL, Disclosure Form to Report 
Lobbying, as part of its applications submission package. The applicant 
further agrees to and certifies that it will require all subawards at 
all tiers including subgrants and contracts to similarly certify and 
disclose accordingly.
    c. Federally recognized Indian tribes and tribally designated 
housing entities (TDHEs) established by a federally recognized Indian 
tribe as a result of the exercise of the tribe's sovereign power are 
excluded from coverage by item b. (also known as the Byrd Amendment). 
However, state-recognized Indian tribes and TDHEs established under 
state law are not excluded from the statute's coverage and therefore 
agree to, and must comply with item b. above.
    By submitting an application, the applicant affirms its awareness 
of these certifications and assurances. Applicants are also affirming 
that these Certifications and Assurances are material representations 
of the facts upon which HUD will rely when making an award to the 
applicant. If it is later determined that the applicant knowingly made 
a false certification or assurance, the applicant may be subject to 
criminal prosecution, and HUD may terminate the award or pursue other 
available remedies.

C. Submission Dates and Times

    Applications submitted through Grants.gov must be received by 
Grants.gov no later than 11:59:59 p.m. eastern time on the application 
submission date. Applicants receiving a waiver of the electronic 
submission requirement must submit their application to the United 
States Postal Service no later than 11:59:59 p.m. on the application 
submission date. Appendix A also provides a funding chart that 
identifies the programs in HUD's SuperNOFA along with the application 
submission dates.

D. Intergovernmental Review

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' was issued to foster intergovernmental partnership and 
strengthen federalism by relying on state and local processes for the 
coordination and review of federal financial assistance and direct 
federal development. HUD implementing regulations are published at 24 
CFR part 52. The order allows each state to designate an entity to 
perform a state review function. The official listing of State Points 
of Contact (SPOC) for this review process can be found at https://
www.whitehouse.gov/omb/grants/spoc.html. States not listed on the Web 
site have chosen not to participate in the intergovernmental review 
process and, therefore, do not have a SPOC. If your state has a SPOC, 
you should contact the SPOC to see if it is interested in reviewing 
your application prior to submission to HUD.
    Please make sure that you allow ample time for this review process 
when developing and submitting your applications. If your state does 
not have a SPOC, you can submit your application directly to HUD using 
Grants.gov for electronic applications or, if you receive a waiver of 
the electronic application submission requirement, you can submit your 
application to HUD following the directions for the number of copies 
and locations for submission found in Appendix C of this General 
Section.

E. Funding Restrictions

    The individual program NOFAs will describe any funding restrictions 
that apply to each program.

F. Other Submission Requirements

    Application Submission and Receipt Procedures. This section 
provides the application submission and receipt instructions for HUD 
program applications. Please read the following instructions carefully 
and completely, as failure to comply with these procedures may 
disqualify your application.
    1. Electronic Delivery. Beginning in FY2005, HUD requires 
applicants to submit their applications electronically through 
Grants.gov, unless a waiver is granted.
    2. The following describes what to expect when you go to apply 
online using Grants.gov:
    a. Get Started (https://www.grants.gov/GetStarted). Once on the 
site, you will find six ``Get Started'' step-by-step instructions that 
will enable you to apply for HUD funds. Applicants should read the Get 
Started steps carefully. The site also contains four checklists under 
the topic ``Registration Checklists'' to help you walk through the 
process. HUD recommends that you download the checklists and prepare 
the information requested before beginning the registration process. 
Reviewing information required and assembling it before beginning the 
registration process will save you time and make the process faster and 
smoother.
    b. DUNS Requirement. All applicants applying for funding, including 
renewal funding, must have a Dun and Bradstreet Universal Data 
Numbering System (DUNS) number. The DUNS number must be included in the 
data entry field labeled ``Organizational Duns'' on the form SF-424. 
Instructions for obtaining a DUNS number can be found at either of the 
following Web sites: https://www.hud.gov/offices/adm/grants/duns.cfm or 
Step 3 at https://www.grants.gov/GetStarted.
    c. Central Contractor Registry and Credential Provider 
Registration. In addition to having a DUNS number, applicants applying 
electronically through Grants.gov must register with the Federal 
Central Contractor Registry and with the credential provider for E-
Authentication. The Grants.gov Web site at www.grants.gov/GetStarted, 
Step 3, provides instructions for registering in the Central Contractor 
Registry and, at Step 4, for registering with the credential provider. 
All applicants filing electronically must have a DUNS number before 
registering with the Central Contractor Registry (CCR) and receive 
credentials from the Grants.gov credential provider in order to apply 
online. Failure to register with the CCR and credential provider will 
result in your application being rejected by the Grants.gov portal.
    The registration process is a separate process from submitting an 
application. Applicants are encouraged to register early. The 
registration process can take approximately two weeks to be completed. 
Therefore, registration should be done in sufficient time to ensure 
that it does not impair your ability to meet required submission 
deadlines. You will be able to submit your application online anytime 
after you receive your E-Authentication credentials.
    d. Electronic Signature. Applications submitted through Grants.gov 
constitute electronically signed applications. The registration and E-
Authentication

[[Page 13583]]

process establishes the Authorized Organization Representative (AOR). 
When you submit the application through Grants.gov, the name of your 
authorized organization representative on file will be inserted into 
the signature line of the application. Applicants must register the 
individual who is able to make legally binding commitments for the 
applicant organization as the Authorized Organization Representative 
(AOR).
3. Instructions on How To Submit an Electronic Application to HUD via 
www.grants.gov/Apply
     a. Applying using Grants.gov. Grants.gov has a full set of 
instructions on how to complete a grant application on its website at 
www.grants.gov/CompleteApplication. Applicants are encouraged to read 
through the ``Complete Application Package'' website. The site contains 
a multimedia demonstration that guides you through the process of 
completing an application package. The training demonstration is also 
available in text. Grants.gov allows applicants to download the 
application package, instructions, and forms that are incorporated in 
the instructions, and work offline. In addition to forms that are part 
of the application instructions, there will be a series of electronic 
forms that are provided utilizing a PureEdgeTM reader. The 
PureEdgeTM Reader is available free for download from Step 2 
of www.grants.gov/Get Started. The PureEdgeTM Reader allows 
applicants to read the electronic files in a form format so that they 
will look like any other Standard or HUD form. The 
PureEdgeTM forms have content-sensitive help. To use this 
feature, click on the icon that features an arrow with a question mark 
at the top of the page. This engages the content-sensitive help for 
each field on the electronic form. The PureEdgeTM forms can 
be downloaded and saved on your hard drive, network drive(s), or CDs. 
Because of the size of the application, HUD recommends downloading the 
application to your computer hard drive.
    The instructions include the General and Program sections of the 
Federal Register publication of the NOFA and any required form that has 
not been converted to a PureEdgeTM form. Each program NOFA 
also includes a checklist. Please review the checklist in the program 
section to ensure that your application contains all the required 
materials.
    MacIntosh users will need to use the Virtual PC emulator software, 
which allows PC software to run on MacIntosh platforms. More 
information on PureEdgeTM Support for MacIntosh Users is 
available at www.grants.gov/CompleteApplication#, located under the 
topic Tips and Tools.
    b. Mandatory Fields on PureEdgeTM Forms. In the 
PureEdgeTM forms you will find fields with a yellow 
background. These data fields are considered mandatory and must be 
completed.
    c. Completion of SF-424 Fields First. The PureEdgeTM 
forms are designed to fill in common data such as the applicant name 
and address, DUNS number, etc., on all PureEdgeTM electronic 
forms. In order to trigger this function, the Standard Form 424 (SF-
424) must be completed first. Once you complete the SF-424 the 
information will transfer to the other forms.
    d. Submission of Narrative Statements, Third Party Letters, and 
Certifications. In addition to forms, many of the NOFAs require the 
submission of other documentation such as third party letters, 
certifications, or program narrative statements. This section discusses 
how you should submit this additional information electronically as 
part of your application:
    (1) Narrative Statements to the Factors for Award. If you are 
required to submit narrative statements, you should submit them as an 
electronic file in Microsoft Word (version 9 or earlier) or in Portable 
Document Format (PDF) that is compatible with AdobeTM Reader 
version 6.0 or earlier. Each response to a Factor for Award should be 
developed as a separate file labeled with the appropriate factor name, 
e.g., Factor 1 Capacity, and submitted as part of your electronic 
application. Documents that you possess in electronic format, e.g., 
narratives you have written, or graphic images (such as Computer Aided 
Design (CAD)) files from an architect), should be attached using the 
``Attachments'' form included in the application package you downloaded 
from Grants.gov. In order to reduce the size of your attachments, all 
or several files can be compressed using a zip utility. The zipped file 
can then be attached as described above.
    (2) Third Party Letters, Certifications Requiring Signatures, and 
Other Documentation. The following two options apply to applicants 
required to submit documentation from organizations providing matching 
or leveraging funds; documentation of 501(c)(3) status or incorporation 
papers; documents that support the need for the program; memoranda of 
understanding (MOUs); or documentation to support your organization's 
claims regarding work that has been done to remove regulatory barriers 
to affordable housing:
    (a) Scanning Documents To Create Electronic Files. Third party 
documentation can be scanned and saved as separate electronic files. 
Electronic files must be labeled so that the reader will know what the 
file contains. All scanned files should be placed together in a zipped 
folder and attached to the application package following the directions 
in paragraph d.(1), above; or
    (b) Faxing Required Documentation. Applicants that do not have 
scanning equipment available may submit the required documentation to 
HUD via facsimile (fax). The fax method may be used only to submit 
attachments that are part of your electronic application. HUD will not 
accept entire applications via fax. Applications submitted entirely via 
fax will be disqualified. Facsimiles submitted in response to a NOFA 
must use the form HUD-96011 cover page downloaded as with the 
application found on Grants.gov. Facsimiles received that do not meet 
the facsimile requirements contained in this General Section will not 
be accepted for review.
    To submit documents using the facsimile method, applicants must use 
form HUD-96011, Facsimile Transmittal, which is a cover page for the 
faxed materials. The form HUD-96011 is an electronic form and is part 
of the downloaded application. Each downloaded application contains an 
embedded unique identifier that will be used to assist HUD in 
associating an item transmitted by facsimile to its electronic 
application submission. If you have downloaded an application package 
from Grants.gov, be sure to save it to your system, complete the SF-
424, and then provide copies of the facsimile transmittal cover page to 
all parties that need to use it to submit information pertaining to 
your application. Do not download the same application package from 
Grants.gov more than once. Each time the package is downloaded, the 
forms are given a unique ID number. To ensure that all the forms in 
your package contain the same unique ID number, after downloading your 
application complete the SF-424 save the forms to your hard drive, and 
use the saved forms to create your application. If you have to provide 
a copy of the form HUD-96011 to another party that will be responsible 
for faxing an item as part of your application, make a copy of the 
facsimile transmittal cover page from your downloaded application and 
provide that copy to the third party for use with the fax transmission. 
Please instruct other parties to use the HUD form you have

[[Page 13584]]

provided when submitting information related to your application using 
the facsimile method. Applicants must fax their information, using the 
HUD-96011 facsimile transmittal cover page, to the following fax 
number: (800) HUD-1010. Each document must be faxed as a separate 
submission to avoid fax transmission problems. When faxing several 
documents, applicants must use the Form HUD-96011 as the cover for each 
document (e.g., Letter of Matching or Leveraging funds, Memorandum of 
Understanding, Certification of Consistency with the Consolidated Plan, 
etc.).
    Your facsimile machine should provide you with a record of whether 
your transmission was received by HUD. If you get a negative response 
or a transmission error, you should resubmit the document until you 
confirm that HUD has received your transmission. HUD will not 
acknowledge that a facsimile was received successfully. HUD will 
electronically receive the facsimile, read it with an optical character 
reader, and attach it to the application submitted through Grants.gov. 
The facsimile transmissions may be sent at any time before the 
application submission date. All faxed materials must be received no 
later than 11:59:59 p.m. eastern time on the application submission 
date. HUD will store the information and attach it to the electronic 
application when HUD receives it from Grants.gov.
    (c) Submissions Using Other File Formats. If you are required to 
submit files in other formats such as CAD files of architectural 
drawings and blueprints, or pictures, you should attach these as 
electronic files in PDF format that is compatible with 
AdobeTM Reader version 6.0 or earlier. The files should be 
part of the zipped folder that is attached and submitted with your 
application transmission.
    e. Customer Support. The grants.gov Web site provides customer 
support via (800) 518-GRANTS (this is a toll-free number) or through 
email at support@grants.gov. The customer support center is open from 7 
a.m. to 9 p.m. eastern time, Monday through Friday, except federal 
holidays, to address grants.gov technology issues. For technical 
assistance to program related questions, contact the number listed in 
Section VII Agency Contact in the program NOFA you are applying for.
4. Waiver of Electronic Submission Requirement
    During FY2005, HUD will accept electronic applications only, and 
they must be submitted through the Grants.gov portal, unless the 
applicant has received a waiver from the Department. As already noted, 
the Continuum of Care NOFA is the only program excepted from this 
electronic submission requirement. Applications to the Continuum of 
Care may be submitted by hard copy, as discussed below. HUD regulations 
at 24 CFR 5.110 permit waivers of regulatory requirements to be granted 
for cause. If you are unable to submit your application electronically, 
you may request a waiver from this requirement. If you are seeking 
funding under several HUD programs, you must submit a separate waiver 
request for each program from which you are seeking funding. Your 
waiver request must be in writing and state the basis for the request 
and explain why electronic submission is not possible. The basis for 
waivers for cause may include but are not limited to (a) lack of 
available Internet access in the geographic location in which the 
applicant's business office is located or (b) physical disability of 
the applicant that prevents the applicant from accessing or responding 
to the application electronically.
    The waiver request should also include an email or name and mailing 
address where responses can be directed. You must submit waiver 
requests to the appropriate assistant secretary responsible for the 
program from which you are seeking funding. Waiver requests will be 
accepted beginning on the date of publication of the NOFA and no later 
than 30 days prior to the application submission date. HUD will not 
consider a waiver request that does not conform to the above 
requirement. A list of HUD assistant secretaries with waiver authority, 
and their related programs, can be found in Appendix C of this General 
Section. To avoid a delay in the process, waiver requests should be 
sent by United States Postal Service Express Mail. You, the applicant, 
should retain a receipt for the mailing showing the date submitted to 
the Postal Service. HUD will acknowledge receipt of the waiver request 
by e-mail, if an e-mail address is provided, or by United States Postal 
Service Express Mail or other available means. HUD will not make 
determinations or respond to waiver requests via the telephone. Each 
waiver request will be reviewed and a determination made. HUD will 
inform the applicant, whether or not the waiver has been granted. In 
the event a waiver is granted, the submission date for mailed 
applications will be the same as the electronic application submission 
receipt date. Applicants receiving a waiver will be expected to fo
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