Notice of Funding Availability (NOFA) for the Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2007, 21207-21211 [E7-8157]

Download as PDF Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices Site can obtain self-validating passes at more than 150 commercial vendors in central Arizona including at least three locations in Payson, Arizona or at any Tonto National Forest administrative office including the Payson and Pleasant Valley ranger stations. An on-site fee payment option may also be provided. Details about the Tonto fee program can be found at the Tonto National Forest Web site, http://www.fs.fed.us/r3/tonto or by calling 602–225–5200. Dated: April 24, 2006. Gene Blankenbaker, Forest Supervisor. [FR Doc. 07–2099 Filed 4–27–07; 8:45 am] Note: Telephone numbers listed are not toll-free. BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Funding Availability (NOFA) for the Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2007 Rural Housing Service (RHS), USDA. ACTION: Notice. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: This NOFA announces the timeframe to submit applications for Section 515 Rural Rental Housing (RRH) loan funds, including applications for the nonprofit set-aside for eligible nonprofit entities, the set-aside for the most Underserved Counties and Colonias (Cranston-Gonzalez National Affordable Housing Act), and the setaside for Empowerment Zones and Enterprise Communities (EZ/ECs) and Rural Economic Area Partnership (REAP) zones, and a designated reserve for states with rental assistance programs. This document describes the methodology that will be used to distribute funds, the application process, submission requirements, and areas of special emphasis or consideration. DATES: The deadline for receipt of all applications in response to this NOFA is 5 p.m., local time for each USDA Rural Development State Office on June 29, 2007. The application closing deadline is firm as to date and hour. The Agency will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline date and time. Acceptance by the United States Postal Service or private mailer does not constitute delivery. Facsimile (FAX) and postage due applications will not be accepted. VerDate Aug<31>2005 18:27 Apr 27, 2007 Jkt 211001 Applicants wishing to apply for assistance must contact the USDA Rural Development State Office serving the place in which they desire to submit an application for rural rental housing to receive further information and copies of the application package. USDA Rural Development will date and time stamp incoming applications to evidence timely receipt, and, upon request, will provide the applicant with a written acknowledgment of receipt. A listing of USDA Rural Development State Offices, their addresses, telephone numbers, and person to contact follows: ADDRESSES: Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael Road, Montgomery, AL 36106–3683, (334) 279–3618, TDD (334) 279–3495, Van McCloud. Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, (907) 761–7740, TDD (907) 761–8905, Debbie Andrys. Arizona State Office, Phoenix Courthouse and Federal Building, 230 North First Ave., Suite 206, Phoenix, AZ 85003–1706, (602) 280–8768, TDD (602) 280–8706, Carol Torres. Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR 72201–3225, (501) 301–3250, TDD (501) 301–3063, Greg Kemper. California State Office, 430 G Street, #4169, Davis, CA 95616–4169, (530) 792–5821, TDD (530) 792–5848, Debra Moretton. Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 80215, (720) 544–2923, TDD (800) 659–2656, Mary Summerfield. Connecticut, Served by Massachusetts State Office. Delaware and Maryland State Office, 1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857–3615, TDD (302) 857–3585, Pat Baker. Florida & Virgin Islands State Office, 4440 N.W. 25th Place, Gainesville, FL 32606–6563, (352) 338–3465, TDD (352) 338–3499, Elizabeth M. Whitaker. Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA 30601–2768, (706) 546– 2164, TDD (706) 546–2034, Wayne Rogers. Hawaii State Office, (Services all Hawaii, American Samoa Guam, and Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720, (808) 933–8305, TDD (808) 933–8321, Thao Khamoui. Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709, (208) 378–5630, TDD (208) 378–5644, Miriam Haylett. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 21207 Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 61821– 2986, (217) 403–6222, TDD (217) 403– 6240, Barry L. Ramsey. Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290–3100 (ext. 423), TDD (317) 290–3343, Stephen Dye. Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309, (515) 284–4685, TDD (515) 284–4858, Julie Sleeper. Kansas State Office, 1303 SW First American Place, Suite 100, Topeka, KS 66604–4040, (785) 271–2721, TDD (785) 271–2767, Virginia M. Hammersmith. Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224–7325, TDD (859) 224–7422, Paul Higgins. Louisiana State Office, 3727 Government Street, Alexandria, LA 71302, (318) 473–7962, TDD (318) 473–7655, Yvonne R. Emerson. Maine State Office, 967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402–0405, (207) 990–9110, TDD (207) 942–7331, Bob Nadeau. Maryland, Served by Delaware State Office. Massachusetts, Connecticut, & Rhode Island State Office, 451 West Street, Amherst, MA 01002, (413) 253–4333, TDD (413) 253–4590, Donald Colburn. Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517) 324–5192, TDD (517) 337–6795, Julie Putnam. Minnesota State Office, 375 Jackson Street Building, Suite 410, St. Paul, MN 55101–1853, (651) 602–7820, TDD (651) 602–7830, Rodney Jackson. Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 39269, (601) 965– 4325, TDD (601) 965–5850, Darnella Smith-Murray. Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203, (573) 876– 0990, TDD (573) 876–9480, Colleen James. Montana State Office, 900 Technology Blvd., Suite B, Bozeman, MT 59718, (406) 585–2515, TDD (406) 585–2562, Deborah Chorlton. Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall N, Lincoln, NE. 68508, (402) 437–5734, TDD (402) 437–5093, Linda Anders. Nevada State Office, 1390 South Curry Street, Carson City, NV 89703–5146, (775) 887–1222 (ext. 25), TDD (775) 885–0633, Angilla Denton. New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH 03301–5004, (603) 223–6050, TDD (603) 229–0536, Robert McCarthy. E:\FR\FM\30APN1.SGM 30APN1 rwilkins on PROD1PC63 with NOTICES 21208 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ 08054, (856) 787–7740, TDD (856) 787–7784, George Hyatt, Jr. New Mexico State Office, 6200 Jefferson St., NE., Room 255, Albuquerque, NM 87109, (505) 761–4944, TDD (505) 761–4938, Carmen N. Lopez. New York State Office, The Galleries of Syracuse, 441 S. Salina Street, Suite 357 5th Floor, Syracuse, NY 13202, (315) 477–6419, TDD (315) 477–6447, George N. Von Pless. North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 27609, (919) 873–2066, TDD (919) 873–2003, Beverly Casey. North Dakota State Office, Federal Building, Room 208, 220 East Rosser, PO Box 1737, Bismarck, ND 58502, (701) 530–2049, TDD (701) 530–2113, Kathy Lake. Ohio State Office, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215–2477, (614) 255–2418, TDD (614) 255–2554, Melodie Taylor-Ward. Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074–2654, (405) 742–1070, TDD (405) 742–1007, Ivan S. Graves. Oregon State Office, 1201 NE Lloyd Blv., Suite 801, Portland, OR 97232, (503) 414–3325, TDD (503) 414–3387, Sherryl Gleason. Pennsylvania State Office, One Credit Union Place, Suite 330, Harrisburg, PA 17110–2996, (717) 237–2281, TDD (717) 237–2261, Martha Eberhart. Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 601, Hato Rey, PR 00918, (787) 766–5095 (ext. 249), TDD (787) 766–5332, Lourdes Colon. Rhode Island, Served by Massachusetts State Office . South Carolina State Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 253–3432, TDD (803) 765–5697, Larry D. Floyd. South Dakota State Office, Federal Building, Room 210, 200 Fourth Street, SW, Huron, SD 57350, (605) 352–1132, TDD (605) 352–1147, Roger Hazuka or Pam Reilly. Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, TN 37203–1084, (615) 783–1375, TDD (615) 783–1397, Don Harris. Texas State Office, Federal Building, Suite 102, 101 South Main, Temple, TX 76501, (254) 742–9758, TDD (254) 742–9712, Julie Hayes. Utah State Office, Wallace F. Bennett Federal Building, 125 S. State Street, Room 4311, Salt Lake City, UT 84147–0350, (801) 524–4325, TDD (801) 524–3309, Janice Kocher. VerDate Aug<31>2005 18:27 Apr 27, 2007 Jkt 211001 Vermont State Office, City Center, 3rd Floor 89 Main Street, Montpelier, VT 05602, (802) 828–6021, TDD (802) 223–6365, Heidi Setien. Virgin Islands, Served by Florida State Office . Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229, (804) 287– 1596, TDD (804) 287–1753, CJ Michels. Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA 98512, (360) 704–7730, TDD (360) 704–7760, Robert Lund. Western Pacific Territories, Served by Hawaii State Office. West Virginia State Office, Federal Building, 75 High Street, Room 320, Morgantown, WV 26505–7500, (304) 284–4872, TDD (304) 284–4836, David Cain. Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481, (715) 345–7615 (ext. 151), TDD (715) 345– 7614, Peter Kohnen. Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233–6715, TDD (307) 233–6733, Jack Hyde. FOR FURTHER INFORMATION CONTACT: For general information, applicants may contact Barbara Chism, Senior Loan Specialist, Multi-Family Housing Processing Division, Rural Housing Service, United States Department of Agriculture, Stop 0781, 1400 Independence Avenue, SW., Washington, DC 20250, telephone (202) 690–1436 (voice) (this is not a toll free number), (800) 877–8339 (TDD-Federal Information Relay Service), or via e-mail, Barbara.Chism@wdc.usda.gov. SUPPLEMENTARY INFORMATION: Programs Affected The Rural Rental Housing program is listed in the Catalog of Federal Domestic Assistance under Number 10.415, Rural Rental Housing Loans. Rental Assistance is listed in the Catalog under Number 10.427, Rural Rental Assistance Payments. Discussion of Notice I. Authority and Distribution Methodology A. Authority Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) provides RHS with the authority to make loans to any individual, corporation, association, trust, Indian tribe, public or private nonprofit organization, consumer cooperative, or partnership to provide rental or cooperative housing and related facilities in rural areas for verylow, low, or moderate income persons or families, including elderly persons PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 and persons with disabilities. Rental assistance (RA) is a tenant subsidy for very-low and low-income families residing in rural rental housing facilities with RHS financing and, when available, may be requested with applications for such facilities. B. Distribution Methodology The total amount available for Fiscal Year (FY) 2007 for section 515 is $99,000,000, of which $25,740,000 is available for new construction as follows: Non-Restricted—$8,234,537 Set-aside for nonprofits—$8,910,000 Set-aside for Underserved Counties and Colonias—$4,950,000 Earmark for EZ, EC, and REAP Zones— $2,655,463 Designated Reserve for States with Rental Assistance Programs— $990,000 C. Section 515 New Construction Funds For FY 2007, the Administrator has determined that it would not be practical to allocate funds to States because of funding limitations; therefore, section 515 new construction funds will be distributed to States based on a National competition, as follows: 1. States will accept, review, score, and rank requests in accordance with 7 CFR 3560.56. The scoring factors are: (a) The presence and extent of leveraged assistance for the units that will serve RHS income-eligible tenants at basic rents, comparable to those if RHS provided full financing, computed as a percentage of the RHS total development cost (TDC). Loan proposals that include secondary funds from other sources that have been requested but have not yet been committed will be processed as follows: The proposal will be scored based on the requested funds, provided (1) the applicant includes evidence of a filed application for the funds; and (2) the funding date of the requested funds will permit processing of the loan request in the current funding cycle, or, if the applicant does not receive the requested funds, will permit processing of the next highest ranked proposal in the current year. Points will be awarded in accordance with the following table. Percentages will be rounded to the next higher whole number. (0 to 20 points) Percentage of leveraging 75 or more .................................... 70–74 ............................................ 65–69 ............................................ 60–64 ............................................ 55–59 ............................................ 50–54 ............................................ 45–49 ............................................ E:\FR\FM\30APN1.SGM 30APN1 Points 20 19 18 17 16 15 14 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices Percentage of leveraging Points rwilkins on PROD1PC63 with NOTICES 40–44 ............................................ 35–39 ............................................ 30–34 ............................................ 25–29 ............................................ 20–24 ............................................ 15–19 ............................................ 10–14 ............................................ 5–9 ................................................ 0–4 ................................................ 13 12 11 10 9 8 7 6 0 (b) The units to be developed are in a colonia, tribal land, EZ, EC, or Rural Economic Area Partnership (REAP) community, or in a place identified in the State Consolidated Plan or State Needs Assessment as a high need community for multifamily housing. (20 points) (c) Pursuant to 7 CFR 3560.56 (c)(1)(iii), in states where RHS has an on-going formal working relationship, agreement, or Memorandum of Understanding (MOU) with the State to provide State resources (State funds, State RA, HOME funds, Community Development Block Grant (CDBG) funds, or Low-Income Housing Tax Credits (LIHTC)) for RHS proposals; or where the State provides preference or points to RHS proposals in awarding such State resources, 20 points will be provided to loan requests that include such State resources in an amount equal to at least 5 percent of the TDC. Native American Housing and Self Determination Act (NAHASDA) funds may be considered a State Resource if the Tribal Plan for NAHASDA funds contains provisions for partnering with RHS for multi-family housing. (National Office initiative) (d) The loan request includes donated land meeting the provisions of 7 CFR 3560.56(c)(1)(iv). (5 points) (e) In an effort to implement USDA’s nationwide initiative to promote renewable energy and energy conservation, Rural Development has adopted incentives for energy generation and energy conservation. Participation in these nationwide initiatives is voluntary, but is strongly encouraged. Energy Generation. Applicants will be awarded points if the proposal includes the installation of energy generation systems to be funded by a third party. The proposal must include an overview of the energy generation system being proposed. Evidence that an energy generation system has been funded by a third party and that it has a quantifiable positive impact on energy consumption will be required. (5 points) Energy Conservation. Applicants will be awarded points to construct (or substantially rehabilitate) housing that earns the ENERGY STAR label for new VerDate Aug<31>2005 18:27 Apr 27, 2007 Jkt 211001 residential construction. Units earning the ENERGY STAR label must be independently verified to meet guidelines for energy efficiency as set by the U.S. Environmental Protection Agency. All procedures used in verifying a unit for the ENERGY STAR label must comply with National Home Energy Ratings System (HERS) guidelines. ENERGY STAR guidelines for residential construction apply to homes that are three stories or less and single or low-rise multi-family residential buildings. The Applicant will include in the summary an explanation of how they plan to incorporate ENERGY STAR. Construction plans pertaining to energy efficiency must be developed with, reviewed, and accepted by a HERS certified rater, the contractor, and the owner. Progress inspections must be made at appropriate times by a HERS certified rater to ensure that the housing is being constructed or rehabilitated according to ENERGY STAR specifications. In order to receive final payment, applicants will be required to submit the appropriate rating reports from the HERS rater to Rural Development as evidence that the housing has been constructed to meet the standards of ENERGY STAR. In the event that housing does not meet ENERGY STAR guidelines for new residential construction, the Agency shall, at its discretion, deduct 5 points from future funding proposals. For further information about ENERGY STAR, see http://www.energystar.gov or call the following toll-free numbers: (888) 782–7939 or (888) 588–9920 (TTY). (5 points) 2. The National Office will rank all requests nationwide and distribute funds to States in rank order, within funding limits. If insufficient funds remain for the next ranked proposal, the Agency will select the next ranked proposal that falls within the remaining levels. Point score ties will be handled in accordance with 7 CFR 3560.56(c)(2). D. Applications That Do Not Require New Construction RA In the event new construction RA is available for FY 2007, it will be available in limited amounts. Therefore, the Agency is inviting applications to develop units in markets that do not require RA. The market study for proposals must clearly demonstrate a need and demand for the units by prospective tenants at income levels that can support the proposed rents without tenant subsidies. The proposed units must offer amenities that are typical for the market area at rents that PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 21209 are comparable to conventional rents in the market for similar units. E. Set-Asides Loan requests will be accepted for the following set-asides: 1. Nonprofit set-aside. An amount of $8,910,000 has been set aside for nonprofit applicants. All loan proposals must be in designated places in accordance with 7 CFR 3560.57. A State or jurisdiction may receive one proposal from this set-aside, which cannot exceed $1 million. A State could get additional funds from this set-aside if any funds remain after funding one proposal from each participating State. If there are insufficient funds to fund one loan request from each participating State, selection will be made by point score. If there are any funds remaining, they will be handled in accordance with 42 U.S.C. 1485(w)(3). Funds from this set-aside will be available only to nonprofit entities, which may include a partnership that has as its general partner a nonprofit entity or the nonprofit entity’s for-profit subsidiary which will be receiving low-income housing tax credits authorized under section 42 of the Internal Revenue Code of 1986. To be eligible for this set-aside, the nonprofit entity must be an organization that: (a) Will own an interest in the project to be financed and will materially participate in the development and the operations of the project; (b) Is a private organization that has nonprofit, tax exempt status under section 501(c)(3) or section 501(c)(4) of the Internal Revenue Code of 1986; (c) Has among its purposes the planning, development, or management of low-income housing or community development projects; and (d) Is not affiliated with or controlled by a for-profit organization. 2. Underserved counties and colonias set-aside. An amount of $4,950,000 has been set aside for loan requests to develop units in the 100 most needy underserved counties or colonias as defined in section 509(f) of the Housing Act of 1949. 3. EZ, EC, and REAP Earmark. An amount of $2,655,463 has been set aside to develop units in an EZ, EC, or REAP zone. Loan requests that are eligible for this set-aside are also eligible for regular Section 515 funds. If requests for this set-aside exceed available funds, selection will be made in accordance with 7 CFR 3560.56(c). II. Funding Limits A. Individual loan requests may not exceed $1 million. This applies to regular section 515 funds and set-aside E:\FR\FM\30APN1.SGM 30APN1 21210 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices funds. The Administrator may make an exception to this limit in cases where a State’s average total development costs exceed the National average by 50 percent or more. B. No State may receive more than 20% of the total available for new construction, including set-aside funds. III. Rental Assistance (RA) In addition to the State Matching RA program as described in Section VI. E. of this Notice and subject to its availability, new construction RA will be held in the National Office for use with section 515 Rural Rental Housing loans. Because the amount of RA available for new construction is minimal, RA will be granted to projects which best meet the scoring and ranking criteria at 7 CFR 3560.56(c). Unused RA may be allocated from within the State jurisdiction to approved new construction projects. New construction RA may not be used in conjunction with a transfer or subsequent loan for repairs or rehabilitation, preservation purposes or for inventory property sales. rwilkins on PROD1PC63 with NOTICES IV. Application Process All applications for section 515 new construction funds must be filed with the appropriate Rural Development State Office and must meet the requirements of 7 CFR 3560.56, as well as comply with the provisions of Section V. of this notice. Incomplete applications will not be reviewed and will be returned to the applicant. No application will be accepted after 5 p.m., local time, on the application deadline previously mentioned unless that date and time is extended by a Notice published in the Federal Register. V. Application Submission Requirements A. Each application shall include the following information, materials, forms and exhibits required by 7 CFR 3560.56, as well as comply with the provisions of this Notice. Forms to be included in initial application package: 1. Form SF 424, Application for Federal Assistance, which can be found online at http://www.whitehouse.gov/ omb/grants/sf424.pdf; 2. Form RD 1940–20, Request for Environmental Information, which can be found online at http:// www.rurdev.usda.gov/regs/forms/194020.pdf; 3. Form RD 3560–7, Multiple Family Housing Project Budget/Utility Allowance, which can be found online at http://www.rurdev.usda.gov/regs/ forms/3560-07.pdf; VerDate Aug<31>2005 18:27 Apr 27, 2007 Jkt 211001 4. Form HUD 2530, Previous Participation Certification, which can be found online at http:// www.hudclips.org/sub_nonhud/cgi/ pdfforms/2530.pdf; 5. Form RD 1924–13, Estimate and Certificate of Actual Costs, which can be found online at http:// www.rurdev.usda.gov/regs/forms/192413.pdf; 6. Form RD 410–9, Statement Required by the Privacy Act (for individuals only), which can be found online at http://www.rurdev.usda.gov/ regs/forms/0410-09.pdf; Information requested in initial application package: I. To establish applicant eligibility: A. Current (within 6 months) financial statements with the following paragraph certified by someone with the legal authority to do so: I/we certify the above is a true and accurate reflection of my/our financial condition as of the date stated herein. This statement is given for the purpose of inducing the United States of America to make a loan or to enable the United States of America to make a determination of continued eligibility of the applicant for a loan as requested in the loan application of which this statement is a part. B. Check for $28 from individual applicants and $40 from organizational applicants made out to United States Department of Agriculture. This will be used to pay for credit reports obtained by the Agency. C. Statement signed by applicants that they will pay any cost overruns. D. Proposed limited partnership agreement and certificates of limited partners, if applicable. (Agency requirements should be contained in one section of the agreement and their location identified by the applicants or their attorney in a cover sheet.) E. If a nonprofit organization: 1. Tax-exempt ruling from the IRS designating them as a 501(c)(3) or 501(c)(4) organization. If the designation is pending, a copy of the designation request must be submitted. 2. Purpose statement, including the provision of low income housing. 3. Evidence of organization under state and local law, or copies of pending applications. 4. List of Board of Directors. F. If a limited liability company, proposed operating agreement and the authorized agent who has the authority to complete the loan application and loan closing documents. G. If a trust, organizational documents and attorney opinion letter that the trust is validly formed and identifying the authorized representative to act on the trust’s behalf. II. To establish project feasibility: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 A. Market feasibility documentation: Either a market study or a market survey, as appropriate. B. Type of project and structures proposed (total number of units by bedroom size, size of each unit type, size and type of other facilities). C. Schematic drawings: 1. Site plan, including contour lines; 2. Floor plan of each living unit type and other spaces, such as laundry facilities, community rooms, stairwells, etc.; 3. Building exterior elevations; 4. Typical building exterior wall section; and 5. Plot plan. D. Description and justification of related facilities, schedule of separate charges for related facilities. E. Type and method of construction (owner builder, negotiated bid, or contractor method). F. Estimated costs (Form RD 1924– 13). G. Statement of proposed management. H. Congregate services package/plan (if applicable). I. Statement of support from other Government services providers to the project (congregate only). J. Response to the Uniform Relocation Assistance Act (if applicable). III. To establish project financing: A. Statement of budget and cash flow (applicant completes Form RD 3560–7), including type of utilities and utility allowance, if applicable and contribution to reserves. B. Congregate services charges (if applicable). C. Status of efforts to obtain leveraged funds. D. Proposed construction financing (interim or multiple advance; if interim financing, letter of interest from intended lender). IV. Environmental and site information: A. Environmental information (applicant completes Form RD 1940– 20). B. Evidence of compliance with Executive Order 12372 (A–95) (if applicable) Form SF 424 is sent to a clearinghouse for intergovernmental review. C. Phase I due diligence (Environmental Site Assessment; see Chapter 3 of the section 515 Rural Rental Housing Loan Origination Handbook). D. Map showing location of support services. E. Evidence of submission of project description to State Housing Preservation Office with request for comments. E:\FR\FM\30APN1.SGM 30APN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices F. Comments regarding relevant offsite conditions. G. Explanation of any proposed energy efficiency components. Applicants are encouraged, but not required, to include a checklist and to have their applications indexed and tabbed to facilitate the review process. The Rural Development State Office will base its determination of completeness of the application and the eligibility of each applicant on the information provided in the application. B. Applicants are advised to contact the Rural Development State Office serving the place in which they desire to submit an application for the following: 1. Questions pertaining to the application process; and 2. List of designated places for which applications for new section 515 facilities may be submitted. VI. Areas of Special Emphasis or Consideration A. The RHS encourages the use of funding from other sources in conjunction with Agency loans. This year there will be a National Office Initiative pursuant to 7 CFR 3560.56(c)(1)(iii), whereby preference points will be awarded to loan requests that meet the selection criteria as follows: In states where RHS has an ongoing formal working relationship, agreement, or MOU with the State to provide State resources (State funds, State RA, HOME funds, CDBG funds, or LIHTC) for RHS proposals; or where the State provides preference or points to RHS proposals in awarding these State Resources, 20 points will be provided to loan requests that include such State resources in an amount equal to at least 5 percent of the TDC. NAHASDA funds may be considered a State Resource if the Tribal Plan for NAHASDA funds contains provisions for partnering with RHS for multi-family housing. B. $8,910,000 is available nationwide in a set-aside for eligible nonprofit organizations as defined in 42 U.S.C. 1485(w). C. $4,950,000 is available nationwide in a set-aside for the 100 most Underserved Counties and Colonias. D. $2,655,463 is available nationwide in an earmark for EZ, EC, and REAP zone. E. $990,000 is available nationwide in a reserve for States with viable State RA programs. In order to participate, States are to submit specific written information about the State RA program, i.e., a memorandum of understanding, documentation from the provider, etc., to the National Office. VerDate Aug<31>2005 18:27 Apr 27, 2007 Jkt 211001 Dated: April 23, 2007. James C. Alsop, Acting Administrator, Rural Housing Service. [FR Doc. E7–8157 Filed 4–27–07; 8:45 am] BILLING CODE 3410–XV–P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Funding Availability: Section 515 Multi-Family Housing Preservation and Revitalization Restructuring Program (MPR) for Fiscal Year 2007 Rural Housing Service, USDA. Notice. AGENCY: ACTION: Announcement Type: Inviting applications from eligible applicants for Fiscal Year 2007 funding. Catalog of Federal Domestic Assistance Number (CFDA): 10.447. SUMMARY: USDA Rural Development administers the programs of Rural Housing Service (RHS) announces the availability of funds and the timeframe to submit applications to participate in a demonstration program to preserve and revitalize existing rural rental housing projects financed by Rural Development under Section 515 of the Housing Act of 1949. The intended effect is to restructure selected existing Section 515 loans expressly for the purpose of ensuring that sufficient resources are available to preserve the rental project for the purpose of providing safe and affordable housing for very low-, low-, or moderate-income residents. Expectations are that properties participating in this program will be revitalized and affordable use extended without displacing tenants because of increased rents. No additional Rural Development rental assistance units will be made available under this program. DATES: The deadline for receipt of all pre-applications in response to this Notice of Funding Availability (NOFA) is 5 p.m., Eastern Time, May 30, 2007. The pre-application closing deadline is firm as to date and hour. The Agency will not consider any pre-application that is received after the closing deadline. Applicants intending to mail pre-applications must allow sufficient time to permit delivery on or before the closing deadline. Acceptance by a post office or private mailer does not constitute delivery. Facsimile (FAX) and postage-due pre-applications will not be accepted. FOR FURTHER INFORMATION CONTACT: Carlton Jarratt, carlton.jarratt@wdc.usda.gov, (804) 561–0665; Sherry Engel, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 21211 sherry.engel@wi.usda.gov (715) 345– 7677; or Sandra Mercier, sandra.mercier@wdc.usda.gov (202) 720–1617, Senior Loan Specialists, Multi-Family Housing Office of Rental Housing Preservation, STOP 0782, (Room 1263–S), U.S. Department of Agriculture, Rural Housing Service, 1400 Independence Avenue, SW., Washington, DC 20250–0782. (Please note these phone numbers are not toll free numbers.) SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The information collection requirements contained in this Notice have received approval from the Office of Management and Budget (OMB) under Control Number 0570–0190. Overview The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2007 (Pub. L. 110–5), February 15, 2007, provides funding for and authorizes Rural Development to conduct a demonstration program for the preservation and revitalization of the Section 515 multi-family housing portfolio. The Section 515 multi-family housing program is authorized by Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) and provides Rural Development the authority to make loans for low-income multi-family housing and related facilities. Program Administration I. Funding Opportunities Description This NOFA solicits pre-applications from eligible borrowers/applicants to restructure existing multi-family housing within the Agency’s Section 515 multi-family housing portfolio for the purpose of revitalization and preservation. The demonstration program shall be referred to in this notice as the Multi-Family Housing Preservation and Revitalization Restructuring Demonstration (MPR) program. Agency regulations for the Section 515 multi-family housing program are published at 7 CFR part 3560. The MPR is intended to assure that existing rental projects will continue to deliver decent, safe, and sanitary affordable rental housing for the lesser of the remaining term of the loan or 20 years from the date of the MPR transaction closing. Once an applicant has been confirmed eligible and the project has been selected by the Agency in the process described in this notice, and the applicant agrees to participate in the MPR demonstration by written notification to the Agency, an E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Notices]
[Pages 21207-21211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8157]


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

DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funding Availability (NOFA) for the Section 515 Rural 
Rental Housing Program for New Construction in Fiscal Year 2007

AGENCY: Rural Housing Service (RHS), USDA.

ACTION: Notice.

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

SUMMARY: This NOFA announces the timeframe to submit applications for 
Section 515 Rural Rental Housing (RRH) loan funds, including 
applications for the nonprofit set-aside for eligible nonprofit 
entities, the set-aside for the most Underserved Counties and Colonias 
(Cranston-Gonzalez National Affordable Housing Act), and the set-aside 
for Empowerment Zones and Enterprise Communities (EZ/ECs) and Rural 
Economic Area Partnership (REAP) zones, and a designated reserve for 
states with rental assistance programs. This document describes the 
methodology that will be used to distribute funds, the application 
process, submission requirements, and areas of special emphasis or 
consideration.

DATES: The deadline for receipt of all applications in response to this 
NOFA is 5 p.m., local time for each USDA Rural Development State Office 
on June 29, 2007. The application closing deadline is firm as to date 
and hour. The Agency will not consider any application that is received 
after the closing deadline. Applicants intending to mail applications 
must provide sufficient time to permit delivery on or before the 
closing deadline date and time. Acceptance by the United States Postal 
Service or private mailer does not constitute delivery. Facsimile (FAX) 
and postage due applications will not be accepted.

ADDRESSES: Applicants wishing to apply for assistance must contact the 
USDA Rural Development State Office serving the place in which they 
desire to submit an application for rural rental housing to receive 
further information and copies of the application package. USDA Rural 
Development will date and time stamp incoming applications to evidence 
timely receipt, and, upon request, will provide the applicant with a 
written acknowledgment of receipt. A listing of USDA Rural Development 
State Offices, their addresses, telephone numbers, and person to 
contact follows:

    Note: Telephone numbers listed are not toll-free.

Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael Road, 
Montgomery, AL 36106-3683, (334) 279-3618, TDD (334) 279-3495, Van 
McCloud.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, 
(907) 761-7740, TDD (907) 761-8905, Debbie Andrys.
Arizona State Office, Phoenix Courthouse and Federal Building, 230 
North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768, 
TDD (602) 280-8706, Carol Torres.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR 
72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office, 430 G Street, 4169, Davis, CA 95616-
4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 
80215, (720) 544-2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut, Served by Massachusetts State Office.
Delaware and Maryland State Office, 1221 College Park Drive, Suite 200, 
Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office, 4440 N.W. 25th Place, 
Gainesville, FL 32606-6563, (352) 338-3465, TDD (352) 338-3499, 
Elizabeth M. Whitaker.
Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue, 
Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne 
Rogers.
Hawaii State Office, (Services all Hawaii, American Samoa Guam, and 
Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, 
Hilo, HI 96720, (808) 933-8305, TDD (808) 933-8321, Thao Khamoui.
Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709, 
(208) 378-5630, TDD (208) 378-5644, Miriam Haylett.
Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 
61821-2986, (217) 403-6222, TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278, 
(317) 290-3100 (ext. 423), TDD (317) 290-3343, Stephen Dye.
Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309, 
(515) 284-4685, TDD (515) 284-4858, Julie Sleeper.
Kansas State Office, 1303 SW First American Place, Suite 100, Topeka, 
KS 66604-4040, (785) 271-2721, TDD (785) 271-2767, Virginia M. 
Hammersmith.
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
40503, (859) 224-7325, TDD (859) 224-7422, Paul Higgins.
Louisiana State Office, 3727 Government Street, Alexandria, LA 71302, 
(318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 
04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
Street, Amherst, MA 01002, (413) 253-4333, TDD (413) 253-4590, Donald 
Colburn.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 
48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 
Paul, MN 55101-1853, (651) 602-7820, TDD (651) 602-7830, Rodney 
Jackson.
Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol 
Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-5850, Darnella 
Smith-Murray.
Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite 
235, Columbia, MO 65203, (573) 876-0990, TDD (573) 876-9480, Colleen 
James.
Montana State Office, 900 Technology Blvd., Suite B, Bozeman, MT 59718, 
(406) 585-2515, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall 
N, Lincoln, NE. 68508, (402) 437-5734, TDD (402) 437-5093, Linda 
Anders.
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
5146, (775) 887-1222 (ext. 25), TDD (775) 885-0633, Angilla Denton.
New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 
Ferry Street, Concord, NH 03301-5004, (603) 223-6050, TDD (603) 229-
0536, Robert McCarthy.

[[Page 21208]]

New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic Dr., 
Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7784, George Hyatt, 
Jr.
New Mexico State Office, 6200 Jefferson St., NE., Room 255, 
Albuquerque, NM 87109, (505) 761-4944, TDD (505) 761-4938, Carmen N. 
Lopez.
New York State Office, The Galleries of Syracuse, 441 S. Salina Street, 
Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6419, TDD (315) 477-
6447, George N. Von Pless.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2066, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East Rosser, 
PO Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113, 
Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High Street, 
Columbus, OH 43215-2477, (614) 255-2418, TDD (614) 255-2554, Melodie 
Taylor-Ward.
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654, 
(405) 742-1070, TDD (405) 742-1007, Ivan S. Graves.
Oregon State Office, 1201 NE Lloyd Blv., Suite 801, Portland, OR 97232, 
(503) 414-3325, TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, Martha 
Eberhart.
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 
601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-5332, 
Lourdes Colon.
Rhode Island, Served by Massachusetts State Office .
South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD 
(803) 765-5697, Larry D. Floyd.
South Dakota State Office, Federal Building, Room 210, 200 Fourth 
Street, SW, Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, Roger 
Hazuka or Pam Reilly.
Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, TN 
37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9758, TDD (254) 742-9712, Julie Hayes.
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, TDD 
(801) 524-3309, Janice Kocher.
Vermont State Office, City Center, 3rd Floor 89 Main Street, 
Montpelier, VT 05602, (802) 828-6021, TDD (802) 223-6365, Heidi Setien.
Virgin Islands, Served by Florida State Office .
Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 
Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, CJ 
Michels.
Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA 
98512, (360) 704-7730, TDD (360) 704-7760, Robert Lund.
Western Pacific Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 75 High Street, Room 320, 
Morgantown, WV 26505-7500, (304) 284-4872, TDD (304) 284-4836, David 
Cain.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481, 
(715) 345-7615 (ext. 151), TDD (715) 345-7614, Peter Kohnen.
Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-6715, 
TDD (307) 233-6733, Jack Hyde.

FOR FURTHER INFORMATION CONTACT: For general information, applicants 
may contact Barbara Chism, Senior Loan Specialist, Multi-Family Housing 
Processing Division, Rural Housing Service, United States Department of 
Agriculture, Stop 0781, 1400 Independence Avenue, SW., Washington, DC 
20250, telephone (202) 690-1436 (voice) (this is not a toll free 
number), (800) 877-8339 (TDD-Federal Information Relay Service), or via 
e-mail, Barbara.Chism@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: 

Programs Affected

    The Rural Rental Housing program is listed in the Catalog of 
Federal Domestic Assistance under Number 10.415, Rural Rental Housing 
Loans. Rental Assistance is listed in the Catalog under Number 10.427, 
Rural Rental Assistance Payments.

Discussion of Notice

I. Authority and Distribution Methodology

A. Authority

    Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) provides 
RHS with the authority to make loans to any individual, corporation, 
association, trust, Indian tribe, public or private nonprofit 
organization, consumer cooperative, or partnership to provide rental or 
cooperative housing and related facilities in rural areas for very-low, 
low, or moderate income persons or families, including elderly persons 
and persons with disabilities. Rental assistance (RA) is a tenant 
subsidy for very-low and low-income families residing in rural rental 
housing facilities with RHS financing and, when available, may be 
requested with applications for such facilities.

B. Distribution Methodology

    The total amount available for Fiscal Year (FY) 2007 for section 
515 is $99,000,000, of which $25,740,000 is available for new 
construction as follows:

Non-Restricted--$8,234,537
Set-aside for nonprofits--$8,910,000
Set-aside for Underserved Counties and Colonias--$4,950,000
Earmark for EZ, EC, and REAP Zones--$2,655,463
Designated Reserve for States with Rental Assistance Programs--$990,000

C. Section 515 New Construction Funds

    For FY 2007, the Administrator has determined that it would not be 
practical to allocate funds to States because of funding limitations; 
therefore, section 515 new construction funds will be distributed to 
States based on a National competition, as follows:
    1. States will accept, review, score, and rank requests in 
accordance with 7 CFR 3560.56. The scoring factors are:
    (a) The presence and extent of leveraged assistance for the units 
that will serve RHS income-eligible tenants at basic rents, comparable 
to those if RHS provided full financing, computed as a percentage of 
the RHS total development cost (TDC). Loan proposals that include 
secondary funds from other sources that have been requested but have 
not yet been committed will be processed as follows: The proposal will 
be scored based on the requested funds, provided (1) the applicant 
includes evidence of a filed application for the funds; and (2) the 
funding date of the requested funds will permit processing of the loan 
request in the current funding cycle, or, if the applicant does not 
receive the requested funds, will permit processing of the next highest 
ranked proposal in the current year. Points will be awarded in 
accordance with the following table. Percentages will be rounded to the 
next higher whole number. (0 to 20 points)

------------------------------------------------------------------------
                   Percentage of leveraging                      Points
------------------------------------------------------------------------
75 or more...................................................         20
70-74........................................................         19
65-69........................................................         18
60-64........................................................         17
55-59........................................................         16
50-54........................................................         15
45-49........................................................         14

[[Page 21209]]

 
40-44........................................................         13
35-39........................................................         12
30-34........................................................         11
25-29........................................................         10
20-24........................................................          9
15-19........................................................          8
10-14........................................................          7
5-9..........................................................          6
0-4..........................................................          0
------------------------------------------------------------------------

    (b) The units to be developed are in a colonia, tribal land, EZ, 
EC, or Rural Economic Area Partnership (REAP) community, or in a place 
identified in the State Consolidated Plan or State Needs Assessment as 
a high need community for multifamily housing. (20 points)
    (c) Pursuant to 7 CFR 3560.56 (c)(1)(iii), in states where RHS has 
an on-going formal working relationship, agreement, or Memorandum of 
Understanding (MOU) with the State to provide State resources (State 
funds, State RA, HOME funds, Community Development Block Grant (CDBG) 
funds, or Low-Income Housing Tax Credits (LIHTC)) for RHS proposals; or 
where the State provides preference or points to RHS proposals in 
awarding such State resources, 20 points will be provided to loan 
requests that include such State resources in an amount equal to at 
least 5 percent of the TDC. Native American Housing and Self 
Determination Act (NAHASDA) funds may be considered a State Resource if 
the Tribal Plan for NAHASDA funds contains provisions for partnering 
with RHS for multi-family housing. (National Office initiative)
    (d) The loan request includes donated land meeting the provisions 
of 7 CFR 3560.56(c)(1)(iv). (5 points)
    (e) In an effort to implement USDA's nationwide initiative to 
promote renewable energy and energy conservation, Rural Development has 
adopted incentives for energy generation and energy conservation. 
Participation in these nationwide initiatives is voluntary, but is 
strongly encouraged.
    Energy Generation. Applicants will be awarded points if the 
proposal includes the installation of energy generation systems to be 
funded by a third party. The proposal must include an overview of the 
energy generation system being proposed. Evidence that an energy 
generation system has been funded by a third party and that it has a 
quantifiable positive impact on energy consumption will be required. (5 
points)
    Energy Conservation. Applicants will be awarded points to construct 
(or substantially rehabilitate) housing that earns the ENERGY STAR 
label for new residential construction. Units earning the ENERGY STAR 
label must be independently verified to meet guidelines for energy 
efficiency as set by the U.S. Environmental Protection Agency. All 
procedures used in verifying a unit for the ENERGY STAR label must 
comply with National Home Energy Ratings System (HERS) guidelines. 
ENERGY STAR guidelines for residential construction apply to homes that 
are three stories or less and single or low-rise multi-family 
residential buildings.
    The Applicant will include in the summary an explanation of how 
they plan to incorporate ENERGY STAR. Construction plans pertaining to 
energy efficiency must be developed with, reviewed, and accepted by a 
HERS certified rater, the contractor, and the owner. Progress 
inspections must be made at appropriate times by a HERS certified rater 
to ensure that the housing is being constructed or rehabilitated 
according to ENERGY STAR specifications. In order to receive final 
payment, applicants will be required to submit the appropriate rating 
reports from the HERS rater to Rural Development as evidence that the 
housing has been constructed to meet the standards of ENERGY STAR. In 
the event that housing does not meet ENERGY STAR guidelines for new 
residential construction, the Agency shall, at its discretion, deduct 5 
points from future funding proposals. For further information about 
ENERGY STAR, see http://www.energystar.gov or call the following toll-
free numbers: (888) 782-7939 or (888) 588-9920 (TTY). (5 points)
    2. The National Office will rank all requests nationwide and 
distribute funds to States in rank order, within funding limits. If 
insufficient funds remain for the next ranked proposal, the Agency will 
select the next ranked proposal that falls within the remaining levels. 
Point score ties will be handled in accordance with 7 CFR 
3560.56(c)(2).

D. Applications That Do Not Require New Construction RA

    In the event new construction RA is available for FY 2007, it will 
be available in limited amounts. Therefore, the Agency is inviting 
applications to develop units in markets that do not require RA. The 
market study for proposals must clearly demonstrate a need and demand 
for the units by prospective tenants at income levels that can support 
the proposed rents without tenant subsidies. The proposed units must 
offer amenities that are typical for the market area at rents that are 
comparable to conventional rents in the market for similar units.

E. Set-Asides

    Loan requests will be accepted for the following set-asides:
    1. Nonprofit set-aside. An amount of $8,910,000 has been set aside 
for nonprofit applicants. All loan proposals must be in designated 
places in accordance with 7 CFR 3560.57. A State or jurisdiction may 
receive one proposal from this set-aside, which cannot exceed $1 
million. A State could get additional funds from this set-aside if any 
funds remain after funding one proposal from each participating State. 
If there are insufficient funds to fund one loan request from each 
participating State, selection will be made by point score. If there 
are any funds remaining, they will be handled in accordance with 42 
U.S.C. 1485(w)(3). Funds from this set-aside will be available only to 
nonprofit entities, which may include a partnership that has as its 
general partner a nonprofit entity or the nonprofit entity's for-profit 
subsidiary which will be receiving low-income housing tax credits 
authorized under section 42 of the Internal Revenue Code of 1986. To be 
eligible for this set-aside, the nonprofit entity must be an 
organization that:
    (a) Will own an interest in the project to be financed and will 
materially participate in the development and the operations of the 
project;
    (b) Is a private organization that has nonprofit, tax exempt status 
under section 501(c)(3) or section 501(c)(4) of the Internal Revenue 
Code of 1986;
    (c) Has among its purposes the planning, development, or management 
of low-income housing or community development projects; and
    (d) Is not affiliated with or controlled by a for-profit 
organization.
    2. Underserved counties and colonias set-aside. An amount of 
$4,950,000 has been set aside for loan requests to develop units in the 
100 most needy underserved counties or colonias as defined in section 
509(f) of the Housing Act of 1949.
    3. EZ, EC, and REAP Earmark. An amount of $2,655,463 has been set 
aside to develop units in an EZ, EC, or REAP zone. Loan requests that 
are eligible for this set-aside are also eligible for regular Section 
515 funds. If requests for this set-aside exceed available funds, 
selection will be made in accordance with 7 CFR 3560.56(c).

II. Funding Limits

    A. Individual loan requests may not exceed $1 million. This applies 
to regular section 515 funds and set-aside

[[Page 21210]]

funds. The Administrator may make an exception to this limit in cases 
where a State's average total development costs exceed the National 
average by 50 percent or more.
    B. No State may receive more than 20% of the total available for 
new construction, including set-aside funds.

III. Rental Assistance (RA)

    In addition to the State Matching RA program as described in 
Section VI. E. of this Notice and subject to its availability, new 
construction RA will be held in the National Office for use with 
section 515 Rural Rental Housing loans. Because the amount of RA 
available for new construction is minimal, RA will be granted to 
projects which best meet the scoring and ranking criteria at 7 CFR 
3560.56(c). Unused RA may be allocated from within the State 
jurisdiction to approved new construction projects. New construction RA 
may not be used in conjunction with a transfer or subsequent loan for 
repairs or rehabilitation, preservation purposes or for inventory 
property sales.

IV. Application Process

    All applications for section 515 new construction funds must be 
filed with the appropriate Rural Development State Office and must meet 
the requirements of 7 CFR 3560.56, as well as comply with the 
provisions of Section V. of this notice. Incomplete applications will 
not be reviewed and will be returned to the applicant. No application 
will be accepted after 5 p.m., local time, on the application deadline 
previously mentioned unless that date and time is extended by a Notice 
published in the Federal Register.

V. Application Submission Requirements

    A. Each application shall include the following information, 
materials, forms and exhibits required by 7 CFR 3560.56, as well as 
comply with the provisions of this Notice.
    Forms to be included in initial application package:
    1. Form SF 424, Application for Federal Assistance, which can be 
found online at http://www.whitehouse.gov/omb/grants/sf424.pdf;
    2. Form RD 1940-20, Request for Environmental Information, which 
can be found online at http://www.rurdev.usda.gov/regs/forms/1940-
20.pdf;
    3. Form RD 3560-7, Multiple Family Housing Project Budget/Utility 
Allowance, which can be found online at http://www.rurdev.usda.gov/
regs/forms/3560-07.pdf;
    4. Form HUD 2530, Previous Participation Certification, which can 
be found online at http://www.hudclips.org/sub_nonhud/cgi/pdfforms/
2530.pdf;
    5. Form RD 1924-13, Estimate and Certificate of Actual Costs, which 
can be found online at http://www.rurdev.usda.gov/regs/forms/1924-
13.pdf;
    6. Form RD 410-9, Statement Required by the Privacy Act (for 
individuals only), which can be found online at http://
www.rurdev.usda.gov/regs/forms/0410-09.pdf;
    Information requested in initial application package:
    I. To establish applicant eligibility:
    A. Current (within 6 months) financial statements with the 
following paragraph certified by someone with the legal authority to do 
so:

    I/we certify the above is a true and accurate reflection of my/
our financial condition as of the date stated herein. This statement 
is given for the purpose of inducing the United States of America to 
make a loan or to enable the United States of America to make a 
determination of continued eligibility of the applicant for a loan 
as requested in the loan application of which this statement is a 
part.

    B. Check for $28 from individual applicants and $40 from 
organizational applicants made out to United States Department of 
Agriculture. This will be used to pay for credit reports obtained by 
the Agency.
    C. Statement signed by applicants that they will pay any cost 
overruns.
    D. Proposed limited partnership agreement and certificates of 
limited partners, if applicable. (Agency requirements should be 
contained in one section of the agreement and their location identified 
by the applicants or their attorney in a cover sheet.)
    E. If a nonprofit organization:
    1. Tax-exempt ruling from the IRS designating them as a 501(c)(3) 
or 501(c)(4) organization. If the designation is pending, a copy of the 
designation request must be submitted.
    2. Purpose statement, including the provision of low income 
housing.
    3. Evidence of organization under state and local law, or copies of 
pending applications.
    4. List of Board of Directors.
    F. If a limited liability company, proposed operating agreement and 
the authorized agent who has the authority to complete the loan 
application and loan closing documents.
    G. If a trust, organizational documents and attorney opinion letter 
that the trust is validly formed and identifying the authorized 
representative to act on the trust's behalf.
    II. To establish project feasibility:
    A. Market feasibility documentation: Either a market study or a 
market survey, as appropriate.
    B. Type of project and structures proposed (total number of units 
by bedroom size, size of each unit type, size and type of other 
facilities).
    C. Schematic drawings:
    1. Site plan, including contour lines;
    2. Floor plan of each living unit type and other spaces, such as 
laundry facilities, community rooms, stairwells, etc.;
    3. Building exterior elevations;
    4. Typical building exterior wall section; and
    5. Plot plan.
    D. Description and justification of related facilities, schedule of 
separate charges for related facilities.
    E. Type and method of construction (owner builder, negotiated bid, 
or contractor method).
    F. Estimated costs (Form RD 1924-13).
    G. Statement of proposed management.
    H. Congregate services package/plan (if applicable).
    I. Statement of support from other Government services providers to 
the project (congregate only).
    J. Response to the Uniform Relocation Assistance Act (if 
applicable).
    III. To establish project financing:
    A. Statement of budget and cash flow (applicant completes Form RD 
3560-7), including type of utilities and utility allowance, if 
applicable and contribution to reserves.
    B. Congregate services charges (if applicable).
    C. Status of efforts to obtain leveraged funds.
    D. Proposed construction financing (interim or multiple advance; if 
interim financing, letter of interest from intended lender).
    IV. Environmental and site information:
    A. Environmental information (applicant completes Form RD 1940-20).
    B. Evidence of compliance with Executive Order 12372 (A-95) (if 
applicable) Form SF 424 is sent to a clearinghouse for 
intergovernmental review.
    C. Phase I due diligence (Environmental Site Assessment; see 
Chapter 3 of the section 515 Rural Rental Housing Loan Origination 
Handbook).
    D. Map showing location of support services.
    E. Evidence of submission of project description to State Housing 
Preservation Office with request for comments.

[[Page 21211]]

    F. Comments regarding relevant offsite conditions.
    G. Explanation of any proposed energy efficiency components.
    Applicants are encouraged, but not required, to include a checklist 
and to have their applications indexed and tabbed to facilitate the 
review process. The Rural Development State Office will base its 
determination of completeness of the application and the eligibility of 
each applicant on the information provided in the application.
    B. Applicants are advised to contact the Rural Development State 
Office serving the place in which they desire to submit an application 
for the following:
    1. Questions pertaining to the application process; and
    2. List of designated places for which applications for new section 
515 facilities may be submitted.
    VI. Areas of Special Emphasis or Consideration
    A. The RHS encourages the use of funding from other sources in 
conjunction with Agency loans. This year there will be a National 
Office Initiative pursuant to 7 CFR 3560.56(c)(1)(iii), whereby 
preference points will be awarded to loan requests that meet the 
selection criteria as follows: In states where RHS has an on-going 
formal working relationship, agreement, or MOU with the State to 
provide State resources (State funds, State RA, HOME funds, CDBG funds, 
or LIHTC) for RHS proposals; or where the State provides preference or 
points to RHS proposals in awarding these State Resources, 20 points 
will be provided to loan requests that include such State resources in 
an amount equal to at least 5 percent of the TDC. NAHASDA funds may be 
considered a State Resource if the Tribal Plan for NAHASDA funds 
contains provisions for partnering with RHS for multi-family housing.
    B. $8,910,000 is available nationwide in a set-aside for eligible 
nonprofit organizations as defined in 42 U.S.C. 1485(w).
    C. $4,950,000 is available nationwide in a set-aside for the 100 
most Underserved Counties and Colonias.
    D. $2,655,463 is available nationwide in an earmark for EZ, EC, and 
REAP zone.
    E. $990,000 is available nationwide in a reserve for States with 
viable State RA programs. In order to participate, States are to submit 
specific written information about the State RA program, i.e., a 
memorandum of understanding, documentation from the provider, etc., to 
the National Office.

     Dated: April 23, 2007.
James C. Alsop,
Acting Administrator, Rural Housing Service.
[FR Doc. E7-8157 Filed 4-27-07; 8:45 am]
BILLING CODE 3410-XV-P