Notice of Funding Availability for the Section 202 Demonstration Pre-Development Grant Program, 26384-26391 [06-4207]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26384-26391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4207]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5003 N-01]


Notice of Funding Availability for the Section 202 Demonstration 
Pre-Development Grant Program

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice of funding availability.

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Overview Information

    A. Federal Agency Name: Department of Housing and Urban 
Development, Office of Housing.
    B. Funding Opportunity Title: Section 202 Demonstration Pre-
Development Grant Program.
    C. Announcement Type: Initial announcement.
    D. Funding Opportunity Number: The OMB approval number for this 
NOFA is 2502-0267. The Federal Register number is FR-5003-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.157, 
Section 202 Demonstration Pre-Development Grant Program.
    F. Dates: The application submission date is Tuesday, June 6, 2006. 
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. Refer to the General Section of the 
SuperNOFA (70 FR 13576), published March 21, 2005, and Section IV of 
this program NOFA for further information about application submission, 
delivery, and timely receipt requirements.
    G. Additional Overview Content Information: Private nonprofit 
organizations and nonprofit consumer cooperatives interested in 
applying for funding under this program should carefully review the 
General Section of the FY 2005 SuperNOFA (70 FR 13576), published March 
21, 2005; the Section 202 Program NOFA (70 FR 14187), published March 
21, 2005; and the information detailed in this program NOFA.

Full Text of Announcement

I. Funding Opportunity Description

A. Program Description

    The purpose of the Section 202 Demonstration Pre-Development Grant 
Program is to provide predevelopment grant funding for architectural 
and engineering work, site control, and other planning-related expenses 
that are eligible for funding under the Section 202 Supportive Housing 
for the Elderly Program. Eligibility for predevelopment grant funding 
is limited to projects that have received Fund Reservation awards 
pursuant to the FY 2005 Section 202 SuperNOFA for the Section 202 
Supportive Housing for the Elderly Program. Subsequent to providing 
predevelopment grant funding to the selected eligible applicants, HUD 
will assess the impact of the availability of

[[Page 26385]]

such funding on the ability of project Sponsors to expedite the 
development processing of projects from Section 202 Fund Reservation to 
Initial Closing within 18 months.
    HUD is aware of the complexities of developing Section 202 projects 
and understands that a lack of predevelopment funding may be a 
contributing factor in many instances where project Sponsors are not 
able to move their approved projects from the Fund Reservation award to 
Initial Closing within the required 18-month time frame. Funding under 
this program is not intended to duplicate Section 202 Capital Advance 
funding, but rather to provide a source of funding for predevelopment 
costs that would otherwise not be reimbursable until Initial Closing or 
would be payable from eligible funding resources secured outside of 
Section 202 Capital Advance funding.

B. Authority

    The Section 202 Demonstration Pre-Development Grant Program is 
authorized by the Consolidated Appropriations Resolution, 2003 (Pub. L. 
108-7, approved February 20, 2003), the Consolidated Appropriations 
Act, 2004 (Pub. L. 108-199, approved January 23, 2004), and the 
Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved 
December 8, 2004).

II. Award Information

A. Funding Available

    This NOFA makes available approximately $42,178,662 for 
predevelopment grants to private nonprofit organizations and consumer 
cooperatives in connection with the development of housing under the 
Section 202 Supportive Housing for the Elderly Program. The total 
dollar amount that is available under this Demonstration Pre-
Development Grant Program includes approximately $4,440,662 that was 
provided by the Consolidated Appropriations Resolution, 2003 (Pub. L. 
108-7, approved February 20, 2003), $19,882,000 provided by the 
Consolidated Appropriations Act, 2004 (Pub. L. 108-199, approved 
January 23, 2004), and $17,856,000 provided by the Consolidated 
Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004).

B. Funding Process

    HUD will make offers to fully fund as many applications as possible 
that are submitted by Fund Reservation project sponsors that received 
funding pursuant to the FY 2005 SuperNOFA. Applicants selected for 
funding under the FY 2005 Section 202 Supportive Housing for the 
Elderly NOFA are not guaranteed funding under this Demonstration 
Program.

C. Maximum Grant Award

    The maximum grant amount per single application is $400,000. 
However, no more than $800,000 may be awarded to a single entity or its 
affiliated organizations. The amount of funding requested must be 
within the maximum grant award amounts.

D. Reduction of Requested Grant Amount

    HUD may make an award in an amount less than requested, if:
    1. HUD determines that any of the proposed predevelopment 
activities are ineligible for funding under the Section 202 Supportive 
Housing for the Elderly Program;
    2. HUD determines that an eligible applicant has not been able to 
provide sufficient evidence to support the proposed cost of an eligible 
predevelopment item or activity;
    3. HUD determines that a reduced grant would prevent duplicative 
federal funding; or
    4. HUD determines that proposed costs for predevelopment activities 
are not based on comparable costs for eligible items and activities in 
the applicant's community. HUD field office staff will review proposed 
costs in accordance with customary and reasonable costs for such items 
within the geographical jurisdiction of the respective Multifamily Hub 
and/or Multifamily Program Center Office. If requested by HUD, eligible 
applicants must provide supportable evidence of comparable costs for 
proposed activities.

E. Term of Funded Activities

    The grant term is 18 months from the date of the Section 202 
Supportive Housing for the Elderly Agreement Letter. Funds not expended 
by the end of the grant term are subject to recapture and/or repayment 
if expended on ineligible activities. Failure to complete the 
development processing of the Section 202 project by the end of the 
grant term may result in grant termination, grant reduction, or other 
action deemed appropriate by HUD.

III. Eligibility Information

A. Eligible Applicants

    All private nonprofit organizations and nonprofit consumer 
cooperatives that submitted an application for funding consideration 
under the FY 2005 SuperNOFA for the Section 202 Supportive Housing for 
the Elderly Program are eligible to apply for funding under this 
Section 202 Demonstration Pre-Development Grant Program. (Please refer 
to the Section 202 Program NOFA (70 FR 14187), published March 21, 
2005, for a discussion on the eligibility criteria for the Section 202 
program). However, funding awards under this Section 202 Demonstration 
Pre-Development Grant Program will be restricted to those applicants 
that are selected for Fund Reservation Awards under the FY 2005 
SuperNOFA for the Section 202 Supportive Housing for the Elderly 
Program. Funding under this program will not be fair shared to each HUD 
office. Ineligible applicants include:
    1. Applicants that failed to submit a request for Fund Reservation 
under the FY 2005 Section 202 Program NOFA.
    2. Applications from eligible applicants that do not receive a Fund 
Reservation Award under the FY 2005 SuperNOFA for the Section 202 
Program.
    3. Applications from applicants that are ineligible under the 
Section 202 program, including public bodies and instrumentalities of 
public bodies.
    4. Applicants submitting proposals involving mixed-financing for 
additional units.

B. Cost Sharing or Matching

    No match required.

C. Other

1. Requirement and Procedures
    To receive and administer funding under this Demonstration Program, 
applicants must fully satisfy the eligibility requirements for 
participation in the Section 202 Supportive Housing for the Elderly 
Program, as well as comply with the following:
    a. Statutory and Regulatory Requirements. You must comply with all 
statutory, regulatory, threshold, and public policy requirements listed 
in Section III (C) of the General Section of the FY 2005 SuperNOFA (70 
FR 13576), published on March 21, 2005.
    b. Allowable Use of Funds. Grant funds may be used to cover the 
costs of architectural and engineering work, and other eligible 
planning activities relating to the development of supportive housing 
for the elderly under the Section 202 Program. Grantees may use the 
funding provided under this demonstration program to extend options to 
purchase or to lease sites, and enter into contracts with qualified 
third-party individuals, companies, or firms to provide professional 
services for eligible predevelopment activities

[[Page 26386]]

related to the development of an elderly housing project that was 
selected for funding under the FY 2005 Section 202 NOFA. Grantees may 
not use funds for land acquisition, leasing, new construction, or 
property rehabilitation, alteration, demolition, or disposition. HUD 
approval must be granted before a grantee can enter into a contract for 
professional services with any entity requiring HUD-2530 clearance. 
Such entities include, but are not limited to, housing consultants 
(including those instances where eligible Sponsors proposed to provide 
such services), general contractors, and management agents.
    c. Organizational Costs. Eligible organizational expenses and/or 
costs are limited to those incurred in connection with the organization 
of an owner entity pursuant to the requirements of the Section 202 
Supportive Housing for the Elderly Program.
    d. Site Control. Applicants are required to provide evidence of 
site control, consistent with the requirements of the Section 202 
Program, as a condition to being funded under the FY 2005 Section 202 
NOFA. Applicants that receive funding awards under this NOFA may 
utilize this funding to extend site control in accordance with the site 
control requirements under the Section 202 Supportive Housing for the 
Elderly Program. For further discussion, see the FY 2005 Section 202 
Program NOFA (70 FR 14187), published March 21, 2005.
    e. Phase I and Phase II Environmental Site Assessments (ESA). The 
requirements for Phase I and II ESAs are the same as those that apply 
to the Section 202 Supportive Housing for the Elderly Program and are 
contained in the FY 2005 Section 202 Program NOFA.
    f. False Statements. See the General Section of the FY 2005 
SuperNOFA.
2. Program-Related Threshold Requirements
    In addition to the threshold requirements in the General Section of 
the FY 2005 SuperNOFA, applicants must adhere to all program-specific 
threshold requirements as detailed in this NOFA. HUD will consider an 
application non-responsive to this NOFA and will not accept it for 
processing if the applicant:
    a. Is determined to be ineligible (Please refer to Section 
III(A)(1) of this NOFA for a more detailed discussion on ineligible 
applicants);
    b. Requested more than the maximum grant amount;
    c. Is granted a waiver to submit a paper application, but fails to 
submit the required original and two copies; or
    d. Failed to submit the threshold requirements as identified by the 
asterisk (*) in Section IV(B) of this program NOFA by the deadline 
date.

IV. Application and Submission Information

A. Addresses To Request Application Package

    All information needed for the preparation and submission of this 
application is included in this program NOFA and the General Section of 
the FY 2005 SuperNOFA (70 FR 13576), published March 21, 2005. Copies 
of the General Section, this program NOFA, and the appendix may be 
downloaded 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 toll-free at (800) 518-GRANTS, or e-mail your 
questions to support@grants.gov. The Help Desk staff will assist you in 
accessing the information.
    Your application must be transmitted electronically using 
www.Grants.gov, unless you request and receive a waiver of the 
requirement for electronic application submittal. See the General 
Section for further information and instructions pertaining to 
electronic application submission and waiver request requirements.
    For applicants receiving a waiver to submit a paper application, an 
original and two copies of the completed application package must be 
received by the appropriate local HUD office on or before Tuesday, June 
6, 2006. See Appendix A for a complete listing of the Multifamily Hub 
Offices and Multifamily Program Centers.

B. Content and Form of Application Submission

    You should ensure that your application is complete before 
transmitting it to the following Web site: https://www.grants.gov and, 
in cases where a waiver of electronic submission requirement is 
granted, an original and two copies must be submitted to the 
appropriate HUD office. Upon receipt of the application by HUD staff, 
HUD will screen it to determine if there are any curable deficiencies. 
See Section (V)(B)(2) of this program NOFA for further discussion.
    Applicants may submit more than one application to a single field 
office. However, no more than one application may be submitted per 
project. All applicable documents must have an original signature. Each 
application must propose a separate project and the proposed 
development must be located within the jurisdiction of the appropriate 
field office. To be eligible for review, an application must contain 
the required exhibits that include form SF-424, HUD-2880, and the 
narrative discussions. Forms needed for the application may be obtained 
from https://www.hudclips.org or https://www.grants.gov. Threshold items 
are identified by an asterisk (*). Failure to include threshold items 
in your initial application submission will render your application 
non-responsive and ineligible for funding by HUD. Applications must 
contain the required exhibits as listed below:
    1. Cover Letter. A brief narrative detailing the project's name, 
HUD project number, and the name(s), address(es), contact person 
name(s), and telephone number(s) of the sponsor(s). The letter must 
also detail the total grant amount being requested under this program 
NOFA.
    2. Standard Form 424--Application for Federal Assistance.
    3. * Narrative Demonstrating Need for Predevelopment Funding: This 
exhibit requires applicants to submit form HUD-2880, Applicant/
Recipient Disclosure/Update Report. This form details assistance from 
other governmental sources previously received in connection with the 
project. Applicants must also submit a brief narrative describing the 
financial circumstances that led the applicant to apply for funding 
assistance with predevelopment activities and how the lack of such 
assistance has impacted the applicant organization's previous or 
current development efforts.
    4. * Proposed Predevelopment Activities and Budget: This exhibit 
requires applicants to submit a spreadsheet that specifically 
identifies the proposed activity(ies) and their anticipated cost. The 
recommended format is as follows:
    Column 1--Clearly identify each eligible predevelopment activity 
being proposed by the applicant.
    Column 2--Identify the anticipated cost for each activity.
    The spreadsheet must identify the total predevelopment funding 
assistance being proposed in the application. No predevelopment grant 
funds may be expended by participants that do not have HUD-2530 
clearance.
    5. * Project Development Schedule: This exhibit should include a 
detailed development schedule that identifies the predevelopment 
activities being proposed, their projected start and completion dates, 
the projected completion date for all predevelopment

[[Page 26387]]

planning activities, and a brief narrative describing the applicant's 
plan for monitoring this schedule of activities and addressing delays 
should they occur. All projected development schedules must clearly 
demonstrate the applicant's ability to move its approved FY 2005 
Section 202 elderly housing project from the Fund Reservation to the 
Initial Closing stage within 18 months of grant approval. In addition, 
all such schedules must provide a statement addressing how access to 
predevelopment funding will assist the applicant in moving its FY 2005 
Section 202 elderly housing project to Initial Closing within 18 months 
of Fund Reservation approval. The completion of the Logic Model (form 
HUD-96010) will assist you in responding to this exhibit.
    6. Logic Model (HUD-96010). The logic model is representative of 
this Section 202 Demonstration Pre-Development Grant Program proposal 
and serves as the ``executive summary'' for this grant request. 
Applicants must ensure that its logic model accurately represents the 
purpose of the funding request and the expected impact on the 
development process.
    7. 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 of 
the SuperNOFA (if applicable).
    8. Acknowledgment of Application Receipt (HUD-2993). This is not 
required for applications submitted electronically.
    9. Client Comments and Suggestions (HUD-2994). This is optional.
    If changes have been made to any of the forms that were submitted 
under the FY 2005 Section 202 NOFA, the Department requires that the 
updated form(s) be resubmitted under this Section 202 Demonstration 
Pre-Development Grant NOFA.

C. Submission Dates and Times

    Your application must be submitted and received electronically by 
Grants.gov no later than 11:59:59 p.m. eastern time on the application 
submission date, unless a waiver of the electronic delivery process has 
been approved by HUD. Please refer to the General Section of the FY 
2005 SuperNOFA for instructions on applying for a waiver. If a waiver 
is granted, you must submit an original and two copies of your 
application by Tuesday, June 6, 2006. You must comply with the mailing 
and timely receipt instructions in the General Section of the FY 2005 
SuperNOFA and Appendix A of this program NOFA. These instructions have 
changed from the 2004 SuperNOFA.

D. Funding Restrictions

    1. Eligible Activities. Section 202 Demonstration Pre-Development 
Grant Program funds must be used exclusively to facilitate planning, 
design, and predevelopment activities for projects funded under the FY 
2005 SuperNOFA for the Section 202 Supportive Housing for the Elderly 
Program. Such activities include architectural and engineering work, 
site control planning, and other planning activities related to the 
development of a multifamily housing project funded under the FY 2005 
Section 202 Supportive Housing for the Elderly Program. Grantees may 
not use funds for land acquisition, leasing, new construction, or 
property rehabilitation, alteration, demolition, or disposition.
    a. All expenses related to eligible activities must be limited to 
those actual costs that are incurred prior to initial closing and be 
otherwise eligible activities under the Section 202 Program. Activities 
that are eligible for funding include the following:
    (1) Appraisals. The applicant's cost for obtaining the services of 
a qualified and licensed appraiser to establish the fair market value 
of the proposed site.
    (2) Architect Services. The design fees charged by licensed 
architectural/engineering firms for construction of the applicant's 
project.
    (3) Engineering Services. The actual cost of boundary survey, 
topographic survey, soil borings and tests.
    (4) Environmental Site Assessment. The actual cost incurred for the 
environmental site assessment, i.e., Phase I and Phase II.
    (5) Consultant Services. Up to 20 percent of the total amount of 
the contract between the applicant and its consultant for services 
related to the development and submission of an approvable Section 202 
Fund Reservation Application.
    (6) Cost Analysis. The cost of the contract between the applicant 
and a professional with experience in cost estimation, for an 
independent cost estimate needed to determine the viability of a 
proposed project as required for firm commitment processing under the 
Section 202 Program.
    (7) Legal Fees. The cost for legal services and title binder fees.
    (8) Site Control. The applicant's cost for extending the time for 
site control of the original site, including option costs necessary to 
extend the option agreement for up to 18 months, to the closing target 
date. The proceeds of this grant may not be used for site acquisition.
    (9) Market Studies. The applicant's cost for a study completed by a 
qualified, independent, third-party, market research firm for purposes 
of examining the need for and verifying the marketability of the 
proposed project.
    (10) Organizational Expenses. The actual cost related to the 
creation of an owner entity for the proposed project pursuant to 
Section 202 Program regulations.
    (11) Impact Fees. One-time fees local governments charge Sponsor/
Owners to offset the impact such housing will have on the community. 
(Typical impact fees: Traffic, solid waste, sewer, water, electric, 
gas, police protection, and fire protection).
    (12) Relocation expenses. If the project involves displacement of 
site occupants that are eligible for relocation assistance, indicate 
the total estimated cost.
    (13) Building permits and variance fees. The cost of obtaining 
building permits and variances.
    2. Ineligible Activities. No proposed activity that is deemed to be 
ineligible will be funded from Section 202 Demonstration Pre-
Development Grant funds.
    a. Section 202 Demonstration Pre-Development Grant Program funds 
may not be used to acquire sites or other real property, to fund 
organizational overhead and/or operating expenses, to pay staff 
salaries, or fund any planning activity that is otherwise ineligible 
for assistance under the Section 202 Supportive Housing for the Elderly 
Program.
    b. Funding under this NOFA may not be used to meet Minimum Capital 
Investment (MCI) requirements for the Section 202 Program.
    c. Performance/Payment Bonds (dual obligee).
    d. Taxes and interest.
    e. Bond premium, builder's risk, liability insurance, fidelity bond 
insurance, performance bond insurance, cash bond, and insurance 
premiums.
    In the event that funding awarded under this program is used for 
activities or purposes that have not been approved by HUD, HUD will 
seek repayment or any other available remedies.
    3. Applicants submitting proposals involving mixed-financing for 
additional units are not eligible to be considered for predevelopment 
funding under this NOFA.

[[Page 26388]]

V. Application Review Information

A. Criteria

    HUD Headquarters will select applications for the Section 202 
Demonstration Pre-Development Grant funding through a rating process. 
HUD will award funding under this process until all available funding 
has been exhausted.

B. Review and Selection Process

    1. HUD's application review process will include, but is not 
limited to, an eligibility review of each predevelopment planning 
activity being proposed by the applicant, the reasonableness of the 
proposed cost for each activity, the reasonableness of the applicant's 
proposed budget, and the ability of project Sponsors to expedite the 
development processing of projects from the Section 202 Fund 
Reservation to the Initial Closing stage within the 18-month time 
frame. All activities must be related to the development of the Section 
202 housing project selected under the FY 2005 Section 202 Supportive 
Housing for the Elderly Program and be otherwise eligible activities 
under the Section 202 Program.
    2. Review for Curable Deficiencies. A curable deficiency is a 
missing exhibit or portion of an exhibit that will not affect the 
eligibility of the applicant. The exhibits identified by an asterisk 
(*) as threshold requirements must be dated on or before the 
application submission date. Refer to the General Section of the 
SuperNOFA for additional information regarding procedures for 
corrections to deficient applications. HUD will screen all applications 
received by the application submission deadline for curable 
deficiencies. HUD will notify you in writing if your application is 
missing any of the exhibits or portions of exhibits, as listed in 
Section IV(B) of this NOFA, and you will be given 14 calendar days from 
the date of the HUD written notification to submit the information 
required to cure the noted deficiencies.
    3. Review for Threshold Requirements. All applications must meet 
the threshold requirements identified in the General Section of the FY 
2005 SuperNOFA, and in Section IV(B) and Section III(C)(2) of this 
program NOFA. Failure to meet any threshold item will render an 
application ineligible for funding consideration. Please note that 
Section III(C)(2) of the General Section of the FY 2005 SuperNOFA, and 
the items identified by an asterisk (*) as listed in Section IV(B) and 
in Section III(C)(2) of this NOFA, are also threshold requirements and 
must be dated on or before the application deadline date. Failure to 
satisfy all threshold requirements at the time of submission will 
render the application in question as nonresponsive to this NOFA, and 
the application will be subject to no further consideration. See the 
General Section of the FY 2005 SuperNOFA for additional procedures for 
corrections to deficient applications.
    4. Technical Review. HUD Multifamily field office staff will review 
applications that passed the threshold review for compliance with the 
eligibility criteria set forth in this NOFA. However, HUD will not 
reject your application based on technical review without notifying you 
of that rejection and the reason(s) for the rejection, and providing 
you with 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 
HUD field office. HUD will make a determination on an appeal before 
making its selection of projects to be forwarded to HUD Headquarters. 
HUD field office staff will forward to Headquarters a listing of 
eligible applications that were received by the deadline date, met all 
eligibility criteria, contained reasonable costs for eligible 
activities, and included all technical corrections by the designated 
deadline date.
    5. HUD Headquarters will select Section 202 Demonstration Pre-
Development Grant applications based on HUD Multifamily Program 
Centers' rating of the respective FY 2005 Section 202 application, 
beginning with the highest-rated application nationwide. After this 
selection, HUD Headquarters will select the next highest-rated 
application in another Program Center. Only one application will be 
selected per Multifamily Program Center. However, if there are no 
approvable applications in other Multifamily Program Centers, the 
process will begin again with the selection of the next highest-rated 
application nationwide. More than one application may be selected per 
HUD Multifamily Program Centers if there are no other approvable 
applications.
    This process will continue into a second and subsequent round(s) 
until all approvable applications are selected using the available 
remaining funds. HUD Headquarters will fully fund as many applications 
as allocated funds will allow. HUD Headquarters will review its 
selection results to ensure that no single entity (including affiliated 
entities) receives grant funding in excess of $800,000. Once an 
organization receives its maximum amount of grant funding, no other 
projects from that organization will be eligible for selection from the 
succeeding rounds.
    If there is a tie score between two or more applications, HUD will 
select the applicant with the highest score in Rating Factor 1 of the 
FY 2005 Section 202 application. If Rating Factor 1 is scored 
identically, the score in Rating Factor 2, 3, and 4, of the FY 2005 
Section 202 application, will be compared in that order, until one of 
the applications received a higher score. If both applications still 
score the same, then the application that requests the least funding 
will be selected.
    6. Adjustments to Funding/Reduction of Requested Grant Amount. See 
Section II(D) of this program NOFA.

VI. Award Administration Information

A. Award Notices

    Following the congressional notification process, HUD will issue a 
press release announcing the selection of awards. Once such an 
announcement has been made, successful applicants will receive their 
selection letters and grant agreement via regular or overnight mail. 
The grant agreement is the legally binding document that establishes a 
relationship between HUD and the award recipient organization. Once 
properly executed, it authorizes the obligation and disbursement of 
funds.
    1. As a condition of receiving a grant under this Section 202 
Demonstration Pre-Development Program, grantees must open a separate, 
non-interest bearing account for the receipt and handling of these 
funds.
    2. All applicants that were not selected for funding will receive a 
non-selection letter.
    3. You may request a debriefing on your application in accordance 
with the General Section of the FY 2005 SuperNOFA. The request must be 
made to the Director of Multifamily Housing in the HUD field office to 
which you sent your application.

B. Administrative and National Policy Requirements

    The Consolidated Appropriations Act, 2005, requires HUD to obligate 
all Section 202 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. The FY 2003 and FY 2004 Consolidated Appropriations 
require HUD to obligate all Section 202 Demonstration Pre-Development 
Grant funding appropriated for the respective fiscal years by September 
30, 2006. Under 31 U.S.C. 1551, no funds can be disbursed from the 
account after

[[Page 26389]]

September 30, 2011. Under this demonstration program, obligation of 
funds occurs upon execution of the Grant Agreement.

C. Reporting

    Grantees must submit quarterly program performance and financial 
status reports to their respective Multifamily Hub or Program Center 
office. Such reports must include a narrative on the progress of each 
eligible activity undertaken, a statement detailing the funds expended 
per activity, a narrative on problems encountered to date and how such 
problems may impact the grantee's proposed predevelopment or 
development time frame, a narrative on the grantee's plan of corrective 
action to ensure that its project will be under construction within 18 
months of grant approval or less, a listing of the professional firms 
contracted with, dollar amounts contracted for and services provided to 
date, a budget summary identifying funding expended to date for 
eligible activities versus the total grant awarded, and a certification 
on whether or not the proposed project continues to be viable as of the 
date of the report.
    The project owner is still required to report on its performance 
based on the Logic Model (form HUD-96010) submitted under the FY 2005 
Section 202 NOFA. To supplement the quarterly program performance 
report, the project owner must submit an updated Logic Model (form HUD-
96010). The logic model must indicate the results achieved against the 
proposed output goal(s) and proposed outcome(s) that were stated in the 
FY 2005 Section 202 Demonstration Pre-Development Grant Program 
application and agreed upon by HUD.

D. Environmental Requirements

    The provision of assistance under this NOFA is categorically 
excluded from environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321) and not subject to compliance 
action for related environmental authorities under 24 CFR 50.19 (b) 
(1), (3), (5), (8), and (16).

E. Environmental Impact

    This NOFA does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19 (c) (1), this 
NOFA is categorically excluded from environmental review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321).

VII. Agency Contacts

    A. For programmatic information, you may contact the appropriate 
local HUD office, or Alicia Anderson at HUD Headquarters at (202) 708-
3000, or you may access the Internet at https://www.hud.gov/grants. 
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.
    B. For technical assistance in downloading and submitting an 
application package through www.Grants.gov, contact the Grants.gov Help 
Desk at (800) 518-GRANTS, or by sending an e-mail to 
support@grants.gov.

VIII. Other Information

A. Section 102 of the HUD Reform Act, Documentation and Public Access 
Requirements

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the 
regulations codified at 24 CFR part 4, subpart A, contain a number of 
provisions that are designed to ensure greater accountability and 
integrity in the provision of certain types of assistance administered 
by HUD. On January 14, 1992, HUD published a notice that also provides 
information on the implementation of Section 102 (57 FR 1942). The 
documentation, public access, and disclosure requirements of Section 
102 apply to assistance awarded under this NOFA as follows:
    1. Documentation. HUD will ensure that documentation and other 
information regarding each application submitted pursuant to this NOFA 
are sufficient to indicate the basis upon which assistance was provided 
or denied. This material, including any letters of support, will be 
made available for public inspection for a 5-year period beginning not 
less than 30 days after the award of the assistance. Material will be 
made available in accordance with the Freedom of Information Act (5 
U.S.C. 552) and HUD's implementing regulations (24 CFR part 15).
    2. Debriefing. For a period of at least 120 days, beginning 30 days 
after the awards for assistance are publicly announced, HUD will 
provide a debriefing related to an applicant's application. All 
debriefing requests must be made in writing or by e-mail by the 
authorized official whose signature appears on the SF-424, or his or 
her successor in office, and submitted to the person or organization 
identified as the contact under the section entitled ``Agency 
Contact.'' Information provided during a debriefing will include, at a 
minimum, the final score the applicant 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.
    3. Disclosures. HUD will make available to the public for 5 years 
all applicant disclosure reports (form HUD-2880) submitted in 
connection with this NOFA. Update reports (also reported on form HUD-
2880) will be made available along with the applicant disclosure 
reports, but in no case for a period of less than 3 years. All reports, 
both applicant disclosures and updates, will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations (24 CFR part 15).
    4. Publication of Recipients of HUD Funding. HUD will publish a 
notice in the Federal Register to notify the public of all decisions 
made by the Department to provide: a. Assistance subject to Section 
102(a) of the HUD Reform Act; and b. Assistance provided through grants 
or cooperative agreements on a discretionary (non-formula, non-demand) 
basis, but that is not provided on the basis of a competition.

B. Section 103 of the HUD Reform Act

    HUD's regulations implementing Section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a), 
codified at 24 CFR part 4, subpart B, apply to this funding 
competition. The regulations continue to apply until the announcement 
of the selection of successful applicants. HUD employees involved in 
the review of applications and in the making of funding decisions are 
limited by the regulations in providing advance information to any 
person (other than an authorized employee of HUD) concerning funding 
decisions or from otherwise giving any applicant an unfair competitive 
advantage. Persons who apply for assistance in this competition should 
confine their inquiries to the subject areas permitted under 24 CFR 
part 4.
    Applicants or employees who have ethics-related questions should 
contact the HUD Ethics Law Division at (202) 708-3815. (This is not a 
toll-free number.) HUD employees who have specific program questions 
should

[[Page 26390]]

contact the appropriate field office counsel or Headquarters counsel 
for the program to which the question pertains.

C. Paperwork Reduction Act Statement

    The information collection requirements contained in this document 
are currently 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 4 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 the 
final report. The information will be used for grantee selection and 
monitoring of the administration of funds. Response to this request for 
information is required in order to receive the benefits to be derived.

    Dated: April 27, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.

Appendix A--Local HUD Offices

Notes

    1. Your application must be transmitted electronically using 
www.Grants.gov, unless you request and receive a waiver of the 
requirement for electronic application submittal. See the General 
Section of the SuperNOFA (70 FR 13576), published March 21, 2005, 
for further information and instructions pertaining to electronic 
application submission and waiver request requirements. The 
following information applies only to those applicants that have 
received a waiver to the electronic application submission 
requirement.
    2. If you received a waiver of the electronic application 
submission requirement, you must send an original and two copies of 
your application to the appropriate local HUD office having 
jurisdiction over the locality in which your project will be 
located. Applicants with proposed projects to be located in the 
jurisdictions as identified below, in a. through f., must submit 
their application to the identified HUD office. If you send your 
application to the wrong local HUD office, it will be rejected. 
Therefore, if you are uncertain which local HUD office to submit 
your application to, you are encouraged to contact the local HUD 
office that is closest to your proposed project location(s) to 
ascertain the office's jurisdiction and thereby ensure that you 
submit your application to the correct local HUD office.
    a. Applications for projects proposed to be located within the 
jurisdiction of the Sacramento, California Office must be submitted 
to the San Francisco, California Office.
    b. Applications for projects proposed to be located within the 
jurisdiction of the Cincinnati, Ohio Office must be submitted to the 
Columbus, Ohio Office.
    c. Applications for projects proposed to be located in Maryland 
that are within the jurisdiction of the Washington, DC Office must 
be submitted to the Baltimore, Maryland Office.
    d. Applications for projects proposed to be located in Northern 
Virginia that are within the jurisdiction of the Washington, DC 
Office must be submitted to the Richmond, Virginia Office.
    e. Applications for projects proposed to be located within the 
jurisdiction of the Grand Rapids, Michigan Office must be submitted 
to the Detroit, Michigan Office.
    f. Applications for projects proposed to be located within the 
jurisdiction of the Anchorage, Alaska Office must be submitted to 
the Seattle, Washington Office.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
HUD--BOSTON HUB; HARTFORD OFFICE:    HUD--BUFFALO HUB; BUFFALO OFFICE:
 One Corporate Center, 19th Floor,    Lafayette Court Building, 2nd
 Hartford, CT 06103-3220, (860) 240-  Floor, 465 Main Street, Buffalo,
 4800, TTY Number: (860) 240-4665.    NY 14203-1780, (716) 551-5755,
                                      ext. 5000, TTY Number: (716) 551-
                                      5787.
BOSTON OFFICE: Thomas P. O'Neill,    HUD--PHILADELPHIA HUB; PHILADELPHIA
 Jr. Federal Building, Room 301, 10   OFFICE: The Wanamaker Building,
 Causeway Street, Boston, MA 02222-   100 Penn Square East,
 1092, (617) 994-8200, TTY Number:    Philadelphia, PA 19107-3380, (215)
 (617) 565-5453.                      656-0609, TTY Number: (215) 656-
                                      3452.
MANCHESTER OFFICE: 1000 Elm Street,  CHARLESTON OFFICE: 405 Capitol
 8th Floor, Manchester, NH 03101,     Street, Suite 708, Charleston, WV
 (603) 666-7510, TTY Number: (603)    25301-1795, (304) 347-7000, TTY
 666-7518.                            Number: (304) 347-5332.
PROVIDENCE OFFICE: 121 South Main    NEWARK OFFICE: One Newark Center,
 Street, Suite 300, Providence, RI    Thirteenth Floor, Newark, NJ 07102-
 02903-7104, (401) 277-8300, TTY      5260, (973) 622-7900, TTY Number:
 Number: (401) 528-5403.              (973) 645-3298.
                                     PITTSBURGH OFFICE: 339 Sixth
                                      Avenue, Sixth Floor, Pittsburgh,
                                      PA 15222-2507, (412) 644-6428, TTY
                                      Number: (412) 644-5747.
HUD--NEW YORK HUB; NEW YORK OFFICE:  HUD--ATLANTA HUB; ATLANTA OFFICE:
 26 Federal Plaza, Room 3200, New     ATTN: Multifamily Housing, 12th
 York, NY 10278-0068, (212) 264-      Floor, 40 Marietta Street--Five
 8000, TTY Number: (212) 264-0927.    Points Plaza, Atlanta, GA 30303-
                                      2806, (404) 331-4976, TTY Number:
                                      (404) 730-2654.
HUD--BALTIMORE HUB; BALTIMORE        SAN JUAN OFFICE: Edificio
 OFFICE: City Crescent Building,      Administracion de Terrenos, 171
 Fifth Floor, 10 South Howard         Carlos Chardon Avenue, Suite 301,
 Street, Baltimore, MD 21201-2505,    San Juan, PR 00918-0903, (787) 766-
 (410) 962-2520, TTY Number: (410)    5401, TTY Number: (787) 766-5104.
 962-0106.
RICHMOND OFFICE: 600 East Broad      LOUISVILLE OFFICE: 601 West
 Street, Richmond, VA 23219, (804)    Broadway, Room 110, Louisville, KY
 771-2100, ext. 3839, TTY Number:     40202, (502) 582-5251, TTY Number:
 (804) 771-2038.                      (866) 800-028
HUD--GREENSBORO HUB; GREENSBORO      KNOXVILLE OFFICE: John J. Duncan
 OFFICE: Asheville Building, 1500     Federal Building, Third Floor,
 Pinecroft Road, Suite 401,           Room 315, 710 Locust
 Greensboro, NC 27407-3838, (336)     Street, Knoxville, TN 37902-2526,
 547-4000, TTY Number: (336) 547-     (423) 545-4384, TTY Number: (423)
 4020.                                545-4559.
COLUMBIA OFFICE: Strom Thurmond      NASHVILLE OFFICE: 235 Cumberland
 Federal Building, 13th Floor, 1835-  Bend, Suite 200, Nashville, TN
 45, Assembly Street, Columbia, SC    37228-1803, (615) 736-5213, TTY
 29201-2480, (803) 765-5592, TTY      Number: (866) 503-0264.
 Number: (803) 253-3209.
HUD--JACKSONVILLE HUB; JACKSONVILLE  HUD--DETROIT HUB; DETROIT OFFICE:
 OFFICE: Charles Bennett Federal      Patrick V. McNamara Federal
 Building, Suite 1015, 400 West Bay   Building, 477 Michigan Avenue,
 Street, Jacksonville, FL 32202,      Suite 1635, Detroit, MI 48226-
 (904) 232-2626, TTY Number: (904)    2592, (313) 226-7900, TTY Number:
 232-2631.                            (313) 226-6899.
BIRMINGHAM OFFICE: Medical Forum     HUD--COLUMBUS HUB; COLUMBUS OFFICE:
 Building, 950 22nd Street, North,    200 North High Street, 7th Floor,
 Suite 900, Birmingham, AL 35203-     Columbus, OH 43215-2499, (614) 469-
 5301, (205) 731-2630, TTY Number:    5737, TTY Number: (614) 469-6694.
 (205) 731-2624.
JACKSON OFFICE: Doctor A.H. McCoy    CLEVELAND OFFICE: U.S. Bank Centre,
 Federal Building, Suite 910, 100     1350 Euclid Avenue, Suite 500,
 West Capitol Street, Jackson, MS     Cleveland, OH 44115-1815, (216)
 39269-1096, (601) 965-4700, TTY      522-4058, TTY Number: (216) 522-
 Number: (601) 965-4171.              2261.
HUD--CHICAGO HUB, CHICAGO OFFICE:    HUD--MINNEAPOLIS HUB; MINNEAPOLIS
 Ralph H. Metcalfe Federal            OFFICE; 920 Second Avenue South,
 Building, 77 West Jackson            Suite 1300, Minneapolis, MN 55402-
 Boulevard, 23rd Floor, Chicago, IL   4012, (612) 370-3051, TTY Number:
 60604-3507, (312) 353-5680, TTY      (612) 370-3186
 Number: (312) 353-5944.

[[Page 26391]]

 
INDIANAPOLIS OFFICE: 151 North       MILWAUKEE OFFICE: Henry S. Reuss
 Delaware Street, Indianapolis, IN    Federal Plaza, Suite 1380, 310
 46204-2526, (317) 226-6303, ext.     West Wisconsin Avenue, Milwaukee,
 6482 or 6831.                        WI 53203-2289, (414) 297-3214,
                                      ext. 8673, TTY Number: (414) 297-
                                      1423.
HUD--FT. WORTH HUB; LITTLE ROCK      HUD--KANSAS CITY HUB; DES MOINES
 OFFICE: TCBY Tower, Suite 900, 425   OFFICE: Federal Building, Room
 West Capitol Avenue, Little Rock,    239, 210 Walnut Street, Des
 AR 72201-3488, (501) 324-5931, TTY   Moines, IA 50309-2155, (515) 284-
 Number: (501) 324-5931.              4583, TTY Number: (515) 284-4728.
NEW ORLEANS OFFICE: Hale Boggs       KANSAS CITY OFFICE: Gateway Tower
 Federal Building, Ninth Floor, 500   II, Room 200, 400 State Avenue,
 Poydras Street, New Orleans, LA      Kansas City, KS 66101-2406, (913)
 70130-3099, (504) 589-7200, TTY      551-5462, TTY Number: (913) 551-
 Number: (504) 589-7279.              6972.
FT. WORTH OFFICE: 801 Cherry         OMAHA OFFICE: Executive Tower
 Street, PO Box 2905, Fort Worth,     Centre, Suite 100, 10909 Mill
 TX 76113-2905, (817) 978-5965, TTY   Valley Road, Omaha, NE 68154-3955,
 Number: (817) 978-5595.              (402) 492-3122, TTY Number: (402)
                                      492-3183.
HOUSTON OFFICE: 1301 Fannin, Suite   ST. LOUIS OFFICE: Robert A. Young
 2200, Houston, TX 77002, (713) 718-  Federal Building, Third Floor,
 3199, TTY Number: (713) 718-3289.    1222 Spruce Street, Room 3203, St.
                                      Louis, MO 63103-2836, (314) 539-
                                      6583, TTY Number: (314) 539-6331.
SAN ANTONIO OFFICE: 106 South St.    OKLAHOMA CITY OFFICE: 301 N.W. 6th,
 Mary's, Suite 405, San Antonio, TX   Suite 200, Oklahoma City, OK
 78205, (210) 475-6800, TTY Number:   73102, (405) 609-8410, TTY Number:
 (210) 475-6885.                      (405) 609-8480.
HUD--DENVER HUB; DENVER OFFICE: UMB  HUD--LOS ANGELES HUB; LOS ANGELES
 Bank Building, 23rd Floor, 1670      OFFICE: 611 West 6th Street, Suite
 Broadway, Denver, CO 80202, (303)    800, Los Angeles, CA 90017-3106,
 672-5343, TTY Number: (303) 672-     (213) 894-8000, TTY Number: (213)
 5113.                                894-8133.
HUD--SAN FRANCISCO HUB; PHOENIX      HUD--SEATTLE HUB; PORTLAND OFFICE:
 OFFICE: One North Central, Suite     400 Southwest Sixth Avenue, Suite
 600, Phoenix, AZ 85004, (602) 379-   700, Portland, OR 97204-1632,
 7149, TTY Number: (602) 379-4557.    (971) 222-2600, TTY Number: (971)
                                      222-0357.
SAN FRANCISCO OFFICE: 600 Harrison   SEATTLE OFFICE: 909 First Avenue,
 Street, 3rd Floor, San Francisco,    Seattle, WA 98104-5254, (206) 220-
 CA 94107-1300, (414) 436-8356, TTY   5241, TTY Number: (206) 220-5254.
 Number: (415) 436-6594.
HONOLULU OFFICE: 500 Ala Moana
 Boulevard, Suite 3A, Honolulu, HI
 96813, (808) 522-8185, TTY Number:
 (808) 522-8193.
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[FR Doc. 06-4207 Filed 5-1-06; 4:00 pm]
BILLING CODE 4210-67-P