HOPE VI Main Street Grants, 35850-35868 [E7-12583]
Download as PDF
35850
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
Full Text of Announcement
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5139–N–01]
HOPE VI Main Street Grants
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability.
mstockstill on PROD1PC66 with NOTICES2
AGENCY:
Overview Information
A. Federal Agency Name. Department
of Housing and Urban Development,
Office of Public and Indian Housing.
B. Funding Opportunity Title. HOPE
VI Main Street Grants.
C. Announcement Type. Initial
announcement.
D. Funding Opportunity Number. FR–
5139–N–01; OMB approval number is
2577–0208.
E. Catalog of Federal Domestic
Assistance (CFDA) Number. The CFDA
number for this NOFA is 14.878,
‘‘Affordable Housing Development in
Main Street Rejuvenation Projects.’’
F. Dates.
1. Application Submission Date. The
application deadline date is August 29,
2007. Applications must be received
and validated by Grants.gov no later
than 11:59:59 p.m. on the application
deadline date. Validation by Grants.gov
may occur up to 72 hours after
electronic receipt of the application. See
the General Section for application
submission and timely receipt
requirements.
2. Estimated Grant Award Date. The
estimated award date will be September
24, 2007.
G. Electronic Application Submission.
Applications for this NOFA must be
submitted electronically through https://
www.grants.gov/applicants/apply_
for_grants.jsp. Registration or required
annual re-registration to submit an
application electronically may take
more than a week because of the
following: (1) The applicant’s
requirement to register with the Central
Contractor Registration (CCR), (2) the
cross-checking of applicant
identification numbers between CCR
and the Internal Revenue Service (IRS),
(3) applicant registration with the
Grants.gov Web site, and (4) the
applicant’s requirement to register the
official who will be submitting the
application. HUD’s Early Registration
Notice can be obtained through HUD’s
Web site at https://www.hud.gov/
grants/.
See ‘‘Other Submission
Requirements’’ in Section IV.F of this
NOFA and the General Section for
detailed information about application
submission.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
I. Funding Opportunity Description
A. Available Funds. This NOFA
announces the availability of
approximately $1.4 million in Fiscal
Year (FY) 2006 funds and $1.1 million
in FY 2007 funds, an approximate total
funds availability of $2.5 million.
B. Purpose of the Program. The
purpose of the HOPE VI Main Street
program is to provide grants to small
communities to assist in the
rejuvenation of an historic or traditional
central business district or ‘‘Main
Street’’ area by replacing unused
commercial space in buildings with
affordable housing units.
1. The objectives of the program are
to:
a. Redevelop Main Street areas;
b. Preserve historic or traditional
architecture or design features in Main
Street areas;
c. Enhance economic development
efforts in Main Street areas; and
d. Provide affordable housing in Main
Street areas.
C. Statutory Authority.
1. The program authority for the
HOPE VI Main Street program is Section
24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), as amended by
Section 535 of the Quality Housing and
Work Responsibility Act of 1998 (Pub.
L. 105–276, 112 Stat. 2461, approved
October 21, 1998), as amended; the
HOPE VI Program Reauthorization and
Small Community Mainstreet
Rejuvenation and Housing Act of 2003
(Pub. L. 108–186, 117 Stat. 2685,
approved December 16, 2003); and the
Revised Continuing Appropriations
Resolution, 2007 (Pub. L. 110–5,
approved February 15, 2007).
2. The funding authority for the HOPE
VI Main Street program is provided by
the District of Columbia, and
Independent Agencies Appropriations
Act, 2006 (Pub. L. 109–115, approved
November 30, 2005), under
Revitalization of Severely Distressed
Public Housing (HOPE VI) and the
Revised Continuing Appropriations
Resolution, 2007 (Pub. L. 110–5,
approved February 15, 2007).
3. The HOPE VI Program
Reauthorization and Small Community
Mainstreet Rejuvenation and Housing
Act of 2003 states that, of the amount
appropriated for the overall HOPE VI
program for any fiscal year, the
Secretary shall provide up to 5 percent
for use only for the Main Street
initiative. The statute amended Section
24(n) of the Act, which now provides
for grants to smaller communities, to
provide assistance to carry out eligible
affordable housing activities.
PO 00000
Frm 00002
Fmt 4701
Sfmt 4703
D. Definition of Terms.
1. Affordable housing for this NOFA
means rental or homeownership
dwelling units that, for INITIAL
occupants:
a. Are made available to low-income
families, with a subset of units made
available to very low-income families;
and
b. Provide the same rules regarding
occupant contribution toward rent or
purchase, and basic terms of rental or
purchase, as are provided to occupants
of public housing units in a HOPE VI
development. Rights and
responsibilities vary among HOPE VI
developments. HOPE VI public housing
units use various mechanisms to set the
resident portion of rent, resident job
training or employment requirements,
resident rights of return, and other
occupancy issues. The Grantee, with
HUD’s approval, determines how to
implement these initial resident
safeguards. Strict application of public
housing rules and regulations is not
required; e.g., the use of HUD forms and
record-keeping requirements for
occupancy and income. Units
developed, rehabilitated or reconfigured
through this NOFA are NOT and
statutorily MUST NOT BE public
housing units.
2. Applicant Team (‘‘Team’’) means
the group of entities that will develop
the Main Street affordable housing
project (‘‘project’’). The Team includes
the unit of local government that
submits the application and, where
applicable, the procured developer, the
procured property manager, architects
(including architects who are
knowledgeable about universal design
and Section 504 accessible design
requirements), construction contractors,
attorneys, investment partners that
comprise an owner entity, and other
parties that may be involved in the
development and management of the
project.
3. Community and Supportive
Services (‘‘CSS’’) means services
provided to residents of the project that
may include, but are not limited to:
a. Homeownership counseling that is
scheduled to begin promptly after grant
award so that, to the maximum extent
possible, qualified residents will be
ready to purchase new homeownership
units when they are completed;
b. Educational life skills, job readiness
and retention, employment training, and
other activities as described on HUD’s
HOPE VI Web site at https://
www.hud.gov/offices/pih/programs/ph/
hope6/css/; and
c. Coordination with fair housing
groups to educate the Main Street
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
affordable housing project’s targeted
population on its fair housing rights.
4. Firmly committed means that the
amount of match or of Leverage
resources and their dedication to HOPE
VI Main Street activities, must be
explicit, in writing, and signed by a
person authorized to make the
commitment.
5. General Section means the Notice
of HUD’s Fiscal Year (FY) 2007 Notice
of Funding Availability (NOFA); Policy
Requirements and General Section to
the FY 2007 SuperNOFA for HUD’s
Discretionary Programs; Notice, Docket
No. FR–5100–N–01, published in the
Federal Register on January 18, 2007.
The General Section can be obtained
through HUD’s Web site at https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm.
6. Homeownership unit means a
housing unit that a local government
makes available through a grant from
this NOFA for purchase by low-income
families for use as their principal
residence.
7. Initial occupancy period means the
period of time that a rental unit is
occupied by the initial low-income
resident or the period of time that a
homeownership unit is owned by the
initial third-party, low-income
purchaser. There is no set requirement
for the length of this occupancy period.
8. Jurisdiction means the physical
area under the supervision of a local
government.
9. Leverage means non-HOPE VIfunded donations of cash and in-kind
services that are firmly committed to the
rejuvenation of the Main Street Area
and are from non-HOPE VI sources.
a. Leverage may include funds/inkind services that are already expended,
received but not expended, and firmly
committed but not yet received. See the
definition of ‘‘firmly committed’’ in
Section 4., above.
b. Types of resources that may be
counted include:
(1) Private mortgage-secured loans,
insured loans, and other debt;
(2) Housing trust funds;
(3) Net sales proceeds from a
homeownership project that exceed the
amount of HOPE VI funds used to
develop the homeownership unit;
(4) Tax Increment Financing (TIF);
(5) Proceeds from Low-Income
Housing Tax Credits (LIHTC), Historic
Preservation Tax Credits, and Tax
Exempt Bonds;
(6) Land Sale Proceeds. The value of
land sale proceeds may be included as
leverage only if this value is a sales
proceed. Absent a sales transaction, the
value of land will not be counted;
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(7) Other Federal Funds. Other
Federal sources may include non-public
housing funds provided by HUD;
(8) In-Kind Services, including
donations of:
(9) Staff time of either the local
government applicant or the recognized
developer entity;
(10) Property such as land (donations
of land may be counted as leverage only
if the donating entity owns the land to
be donated), materials, supplies, a
building, a lease on a building, and
other infrastructure;
(11) Services such as Homeownership
Counseling, other CSS and family selfsufficiency (FSS) resources, and time
and services contributed by volunteers.
(12) Leverage does NOT include, and
HUD will not count, Wages projected to
be paid to residents through jobs that
are provided through Section 3, or by
FSS/CSS partners.
10. Local government means any city,
county/parish, town, township, parish,
village, or other general purpose
political subdivision of a State; Guam,
the Northern Mariana Islands, the Virgin
Islands, American Samoa, the District of
Columbia, and the Trust Territory of the
Pacific Islands, or a general purpose
political subdivision thereof; or a
combination of such political
subdivisions that is recognized by the
Secretary.
11. Low-income limits prescribed by
HUD are stated on the internet at
https://www.huduser.org/datasets/il/
il2007/select_Geography.odb. LowIncome family means a family (resident)
with an income equal to or less than 80
percent of median income for the local
area, adjusted for family size, in
accordance with Section 3(b)(2) of the
United States Housing Act of 1937, as
amended. HUD may establish a level
higher or lower than 80 percent because
of prevailing construction costs or
unusually high or low family incomes
in the area. Local area is defined as the
nonmetropolitan county/parish or
primary metropolitan statistical area/
metropolitan statistical area (PMSA/
MSA) or county/parish, as prescribed by
HUD, in which the low-income family
resides.
12. Main Street Area means an area
determined and designated by the
applicant that fulfills the requirements
stated in ‘‘Program Requirements,’’
Section III.C of this NOFA, and:
a. Is within the jurisdiction of the
applicant;
b. Has specific boundaries that are
determined by the applicant;
c. Is or was:
(1) Traditionally the central business
district and center for socio-economic
interaction;
PO 00000
Frm 00003
Fmt 4701
Sfmt 4703
35851
(2) Characterized by a cohesive core of
historic and/or older commercial and
mixed-use buildings, often interspersed
with civic, religious, and residential
buildings, which represent the
community’s architectural heritage;
d. Is the location of a downtown or
‘‘Main Street’’ rejuvenation effort that:
(1) Has as its purpose the
revitalization or redevelopment of the
historic or traditional commercial area;
(2) Involves investment, or other
participation, by the applicant local
government and private entities in the
community in which the project is
carried out; and
(3) Involves the development of
affordable housing that is located in the
commercial area.
13. Main Street affordable housing
project (‘‘project’’) means the collection
of affordable housing units that are
developed in the Main Street Area using
funds obtained through this NOFA, and
meet the requirements as stated in
‘‘Program Requirements,’’ Section III.C
of this NOFA.
14. Match is cash or in-kind donations
that will be expended on allowable
activities under the grant. The match
must:
a. Total at least 5 percent of the
requested HOPE VI Main Street grant
amount; and
b. Be from government or privatesector sources other than HOPE VI
funding, including Community
Development Block Grant (CDBG)
funds, which by statute are considered
local money.
15. Owner entity is the legal entity
that holds title to the real property that
contains any affordable housing units
developed through this NOFA.
16. Person with disabilities means a
person who:
a. Has a condition defined as a
disability in Section 223 of the Social
Security Act;
b. Has a developmental disability as
defined in Section 102 of the
Developmental Disabilities Assistance
Bill of Rights Act; or
c. Is determined to have a physical,
mental, or emotional impairment that:
(1) Is expected to be of long-continued
and indefinite duration;
(2) Substantially impedes his or her
ability to live independently; and
(3) Is of such a nature that such ability
could be improved by more suitable
housing conditions.
d. The term ‘‘person with disabilities’’
may include persons who have acquired
immunodeficiency syndrome (AIDS) or
any conditions arising from the etiologic
agent for AIDS. In addition, no
individual shall be considered a person
with disabilities, for purposes of
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35852
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
eligibility for low-income housing,
based solely on any drug or alcohol
dependence.
e. The definition provided above for
persons with disabilities is the proper
definition for determining program
qualifications. However, the definition
of a person with disabilities contained
in Section 504 of the Rehabilitation Act
of 1973 and its implementing
regulations must be used for purposes of
reasonable accommodations.
17. Program means the HOPE VI Main
Street Program.
18. Recognized developer means the
local government applicant or a legal
entity that has an agreement with the
local government applicant to seek
financing for, rehabilitation and/or
construction of housing units, and the
provision of Community and Supportive
Services (if required), for a HOPE VI
Main Street grantee.
a. For a non-complex development,
the applicant may choose not to use a
developer and instead directly procure
a design/build construction contractor
and accountant.
19. Site Control means the local
government applicant, or its developer,
has the legal authority to commit the
owner of the property to the
rehabilitation to be performed with
HOPE VI Main Street grant funds. Some
examples of site control are:
a. The local government owns the
property outright;
b. The private owner of the property
and the applicant have signed a
developer agreement and the private
owner is the developer;
c. The government- or private-owner
has signed a developer agreement with
a separate developer and the agreement
gives the developer site control;
d. The applicant or developer has an
option to purchase the property that
covers a time period sufficient to obtain
grant funds for purchase (at least 180
days after award), and is contingent
only upon: (1) Receipt of a grant from
this NOFA; and (2) satisfactory
compliance with this NOFA’s
environmental review requirements;
e. An owner-entity partnership was
formed between the applicant, original
owner, and, possibly, the developer and
other interested parties.
20. Unit of local government: See
‘‘local government’’ under this section.
21. Very low-income family means a
family (resident) with an income equal
to or less than 50 percent of median
income for the local area, adjusted for
family size, in accordance with Section
3(b)(2) of the United States Housing Act
of 1937, as amended. HUD may
establish a level higher or lower than 50
percent because of prevailing
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
construction costs or unusually high or
low family incomes in the area. HUDprescribed income limits are stated at
https://www.huduser.org/datasets/il/
il2007/select_Geography.odb. Local area
is defined as the PMSA/MSA or
nonmetropolitan county/parish, as
prescribed by HUD, in which the lowincome family resides.
22. General Section reference. The
subsection entitled ‘‘Funding
Opportunity Description’’ in Section I of
the General Section is hereby
incorporated by reference.
II. Award Information
A. Available Funds. A total of
approximately $1.4 million
appropriated for FY 2006 and $1.1
million appropriated for FY 2007,
totaling approximately $2.5 million, is
available for funding under this NOFA
and must be obligated by September 30,
2007.
B. Number of Awards. This NOFA
will result in approximately 3 awards.
C. Range of Amounts of Each Award.
Each applicant may request up to
$1,000,000.
D. Start Date, Period of Performance.
The term of the grants that result from
this NOFA will start on the date that the
grant award document is signed by HUD
and will continue for 30 months
thereafter.
E. Type of Instrument. Grant
Agreement.
F. Supplementation. Grants resulting
from this NOFA do not supplement
other HOPE VI grants.
III. Eligibility Information
A. Eligible Applicants. Eligible
applicants include, and are limited to,
local governments, as defined in Section
I.D of this NOFA and Section 102 of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5302). The local
government must:
1. Have a population of 50,000 or less;
and
2. Not be served by a local
government, county/parish, or regional
or State public housing agency (PHA)
that administers more than 100 public
housing units within the local
government’s jurisdiction. Such units
exclude Section 8 Housing Voucher
subsidized units and public housing
units in Mixed-Finance developments
where the public housing agency is not
the General Partner in the for-profit
ownership entity.
B. Cost Sharing or match.
1. Match. HUD is required by the
Quality Housing and Work
Responsibility Act (42 U.S.C.
1437v(c)(1)(A)) to include the
requirement for matching funds for all
PO 00000
Frm 00004
Fmt 4701
Sfmt 4703
HOPE VI-related grants. Applicants
must provide matching funds or in-kind
services in the amount of 5 percent of
the requested grant amount from
sources other than HUD HOPE VI funds.
Match sources may include other
Federal sources, CDBG funds (which are
statutorily considered local funds), any
State or local government sources, any
private contributions, the value of any
donated material or building, the value
of any lease on a building, the value of
the time and services contributed by
volunteers, and the value of any other
in-kind services provided. MATCH
FUNDS MUST BE USED ONLY FOR
CARRYING OUT ELIGIBLE
AFFORDABLE HOUSING ACTIVITIES
THAT RELATE TO THE MAIN STREET
AFFORDABLE HOUSING PROJECT
PRESENTED IN THIS APPLICATION.
The match may include funds that have
already been spent or funds that are for
future use.
a. Match donations must be firmly
committed to the Main Street affordable
housing project presented in the
application. See the definition of
‘‘firmly committed’’ in ‘‘Definitions,’’
Section I.D of this NOFA.
b. The applicant may propose to use
the applicant’s own funds to meet the
match requirement, provided that the
match funds do not originate from
HOPE VI funds.
c. See Section IV.B of this NOFA for
the requirements for documentation of
match resources.
C. Other.
1. Eligible Uses of Grant Funds. Main
Street grant funds may be expended on
the following activities:
a. New construction, reconfiguration,
or rehabilitation of affordable rental and
homeownership housing located within
the Main Street Area. New construction
and rehabilitation activities that are
intrinsic to the development of the
affordable housing units may extend to
other portions of the Main Street
affordable housing project; e.g., to the
building envelope, to interior bearing
walls of commercial space located
below the affordable housing units, and
to systems installation through
commercial space located below or
adjacent to the affordable housing units.
b. Architectural and Engineering
activities, surveys, permits, and other
planning and implementation costs
related to the construction and
rehabilitation of the Main Street
affordable housing project presented in
the application.
c. Tax credit syndication costs.
d. Funding of moving expenses for
low-income residents displaced as a
result of construction or rehabilitation
of the project, in accordance with the
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1970 (URA) and Handbook CPD 02–08,
‘‘Guidance on the Application of the
Uniform Relocation Assurance and Real
Property Acquisition Policies Act of
1970 (URA), as amended in HOPE VI
Projects.’’
e. Management improvements
necessary for the proper development
and management of the Main Street
affordable housing project presented in
the application, similar to and
including, but not limited to:
(1) Staff training (including travel)
related to affordable housing
development and management.
(2) Staff time and materials or
contractor services to revise or develop:
(a) Procedure manuals;
(b) Accounting systems, excluding
accounting services;
(c) Lease documents;
(d) Resident screening procedures;
and
(e) Data processing systems.
f. Leveraging non-HOPE VI funds and
in-kind services. See the definition of
‘‘Leverage’’ in Section I.D of this NOFA.
g. Community and Supportive
Services. See Funding Restrictions in
Section IV.E of this NOFA.
(1) Only 15 percent of the grant
amount may be used for Community
and Supportive Services. See ‘‘Funding
Restrictions,’’ Section IV.E of this
NOFA, for non-allowable costs and
activities.
2. Thresholds.
a. Match. Applicants must provide
matching funds in the amount of 5
percent of the requested grant amount
from sources other than HUD HOPE VI
funds. See ‘‘Cost Sharing or match,’’
Section III.B of this NOFA.
(1) In order to demonstrate that the
applicant meets this threshold, for each
match resource, the application must
include a letter stating the match
amount and that the match is firmly
committed to be used for activities
related to the particular Main Street
affordable housing project presented in
the application. Each match resource
must also be listed on page 12 of the
‘‘HOPE VI Main Street Application Data
Sheet,’’ form HUD–52861, (under the
Excel Worksheet Tab, ‘‘matching and
Housing Resources’’) which will be a
part of the application. Columns on that
page provide space to include the
following required information for each
source: Resource organization name,
name and telephone number of a
contact at the resource organization, the
amount of the resource organization’s
contribution, and whether the
contribution is in cash or in-kind
services. All columns, except the last,
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
‘‘Leverage Period More than 2 Years,’’
must be filled in.
(2) If the applicant does not
demonstrate that there will be matching
funds of at least 5 percent of the
requested grant amount, the application
will not be eligible for funding through
this NOFA.
b. Main Street Area. The applicant
must have within its jurisdiction a Main
Street Area. See Section I.D of this
NOFA for the definition of a Main Street
Area.
(1) In order to demonstrate that the
applicant meets this threshold, the
application must contain the attachment
‘‘Map of the Main Street Area.’’ The
attached map must clearly show the
applicant-determined Main Street Area
boundaries. Boundaries may be streets,
rail lines, rivers, or other man-made or
natural bounds. No other
documentation is necessary.
(2) If the applicant’s jurisdiction does
not have a Main Street Area, the
application will not be eligible for
funding through this NOFA.
c. Main Street Affordable Housing
Project (‘‘Project’’). The targeted
affordable housing project must conform
to this NOFA’s requirements for a Main
Street affordable housing project, as
defined in ‘‘Program Requirements,’’
Section III.C of this NOFA.
(1) By applying for a grant through
this NOFA, the applicant certifies that
the Main Street affordable housing
project meets the Program
Requirements. No other documentation
is necessary to meet this threshold.
(2) If the targeted affordable housing
project does not conform to this NOFA’s
requirements, the application will not
be eligible for funding through this
NOFA.
d. One Main Street Area. Under this
NOFA, the applicant must apply for
assistance only in support of one Main
Street Area. That is, if the local
government’s jurisdiction includes two
neighborhoods, each with a traditional
commercial/social center, the
application must contain only one of
those traditional commercial/social
centers. However, the applicant’s Main
Street affordable housing project may
consist of several scattered sites within
that one Main Street Area. If the
applicant applies for assistance for more
than one Main Street Area through this
NOFA, the application will not be
eligible for funding through this NOFA.
e. Code of Conduct.
(1) The applicant must have
developed and must maintain a written
code of conduct (see 24 CFR 84.42 and
85.36(b)(3)). The applicant must
provide, or have provided,
PO 00000
Frm 00005
Fmt 4701
Sfmt 4703
35853
documentation that demonstrates that it
has a written code of conduct.
(2) The applicant must submit a copy
of its code of conduct as part of the
application if its code of conduct is not
already on file with HUD. See 24 CFR
84.42 and 85.36(b)(3).
(3) Unless the applicant is listed on
HUD’s Web site at https://www.hud.gov/
offices/adm/grants/codeofconduct/
cconduct.cfm and the information has
not been revised, the applicant is
required to submit:
(a) A copy of its code of conduct;
(b) A description of the methods it
will use to ensure that all officers,
employees, and agents of its
organization are aware of its code of
conduct; and
(c) The following information, as it is
stated on the SF–424:
(i) Dun and Bradstreet Data Universal
Numbering System (DUNS) number;
(ii) Employer Identification Number
(EIN);
(iii) Applicant’s Legal Name (Note:
Applicants must enter their legal name
in box 8.a. of the SF–424 as it appears
in the Central Contractor Register (CCR).
See the General Section regarding CCR
registration);
(iv) Address (Street, PO Box, City,
State, and ZIP Code); and
(d) Authorized Official’s information
(Name, Title, Telephone Number, and Email Address).
(4) The code of conduct must prohibit
real and apparent conflicts of interest
that may arise among officers,
employees, or agents; prohibit the
solicitation and acceptance of gifts or
gratuities by the organization’s officers,
employees, or agents for their personal
benefit in excess of minimal value; and
outline administrative and disciplinary
actions available to remedy violations of
such standards.
(5) See Section III.C of the General
Section for more detailed information
and instructions if the applicant needs
to submit its code of conduct to HUD
via facsimile.
(6) If the applicant does not provide
a copy of the code of conduct, and its
implementation methodology in its
application, or is not listed by HUD as
having already submitted such
documentation, the application will not
be eligible for funding through this
NOFA.
f. The following sub-sections of
Section III of the General Section are
hereby incorporated by reference. The
applicant must comply with each of the
incorporated threshold requirements in
order to be eligible for funding,
including:
(1) Ineligible Applicants;
(2) DUNS Number Requirement;
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35854
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(3) Compliance with Fair Housing and
Civil Rights Laws;
(4) Conducting Business In
Accordance with Core Values and
Ethical Standards;
(5) Delinquent Federal Debts;
(6) Pre-Award Accounting System
Surveys;
(7) Name Check Review;
(8) False Statements;
(9) Prohibition Against Lobbying
Activities; and
(10) Debarment and Suspension.
3. Certification of Certain Thresholds.
a. Certification by Application. The
SF–424, ‘‘Application for Federal
Assistance,’’ is the cover sheet to the
application. By manually or
electronically signing the SF–424, the
applicant certifies that the following
thresholds have been met:
(1) The Main Street Area rejuvenation
effort:
(a) Is carried out within the
jurisdiction of the applicant;
(b) Involves the development of
affordable housing that is located in the
commercial area that is the subject of
the rejuvenation effort; and
(c) Has as its purpose the
revitalization or redevelopment of a
historic or traditional commercial area.
(2) A portion of the Main Street
affordable housing project units will be
reserved for very low-income initial
occupants.
(3) Historic preservation requirements
in Section 106 of the National Historic
Preservation Act of 1966 (NHPA) will be
fulfilled, where applicable.
(4) Environmental requirements stated
in the NOFA will be fulfilled.
(5) Building standards stated in the
NOFA will be fulfilled.
(6) Relocation requirements under the
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1970 (URA) will be fulfilled.
(7) Fair Housing, Civil Rights, and
Section 3 requirements will be followed
and fulfilled.
4. Program Requirements.
a. Main Street Area Recognition by
HUD. The applicant must have, within
the applicant’s jurisdiction, a HUDrecognized Main Street Area
rejuvenation effort that involves
affordable housing. In order to be
recognized by HUD, a Main Street Area
rejuvenation effort must:
(1) Be located within a definable Main
Street Area (See Section I.D of this
NOFA);
(2) Have as its purpose the
rejuvenation or redevelopment of a
historic or traditional commercial area;
(3) Involve investment or other
participation by BOTH the local
government and locally located private
entities;
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(4) Comply with historic preservation
requirements as directed by the
cognizant State Historic Preservation
Officer (SHPO) or, if such historic
preservation requirements are not
applicable, to preserve significant
traditional, architectural, and design
features in the project structures or
Main Street Area; and
(5) Include the development of the
Main Street affordable housing project
that is proposed and described in the
application for a grant under this NOFA.
b. Main Street Affordable Housing
Project (Project). The ‘‘Main Street
affordable housing project’’ is the
collection of affordable housing units
that are rejuvenated or developed in the
Main Street Area using funds obtained
through this NOFA and related match
funds. The project must:
(1) Involve the construction or
rehabilitation of affordable housing
units. The number of units that will be
developed through this NOFA must at
least equal the number of units stated in
form HUD–52861, ‘‘HOPE VI Main
Street Application Data Sheet,’’ on the
‘‘Unit Mix and Accessibility Summary,
Post-Revitalization’’ page;
(2) Be located within the boundaries
of the applicant’s Main Street Area; and
(3) NOT replace demolished or
otherwise disposed of public housing
units.
c. Program Schedule. The application
requires a Program Schedule for the
applicant’s Project. The Program
Schedule must reflect the Reasonable
Time-Frame and Development Proposal
time requirements stated in Section VI.B
of this NOFA.
d. Requirements During the Initial
Occupancy Period.
(1) Initial residents of affordable
rental units and initial resident
purchasers of affordable
homeownership units must be subject to
the same rules regarding occupant
contribution toward rental or purchase,
and basic terms of rental or purchase, as
residents of HOPE VI development
public housing units. Site-based waiting
lists, resident job or training
requirements, and other occupancy
requirements that are allowed under
Section 24 of the U.S. Housing Act of
1937 (1937 Act) may be applied to the
units.
(2) The project owner entity is not
required to develop and maintain
mandatory PHA documentation; e.g.,
the PHA Plans as described in 24 CFR
part 903, etc. However, before the
project is initially rented, the ownership
entity must determine, develop, and
obtain HUD approval of a written
statement of its rent determination and
occupancy policies.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4703
(3) Public housing, HUD HOME, or
Low-Income Housing Tax Credit rental
requirements are not mandatory under
the Main Street program, but may be
used as examples for such policies.
Such examples are located at 24 CFR
903.7(d) and 24 CFR 903.7(f). If other
government programs are used in
connection with the applicant’s Main
Street grant activities, such
requirements apply to the extent
required by the other programs.
e. Main Street Homeownership. The
initial sale of an affordable
homeownership unit to a third-party,
low-income purchaser must take place
in accordance with Section 24 of the
1937 Act. Providing homeownership
counseling to residents is mandatory if
the application includes development of
homeownership units.
f. Use Restrictions. PROJECT UNITS
MUST BE MAINTAINED AS
AFFORDABLE HOUSING ONLY FOR
THE PERIOD OF INITIAL RENTAL
OCCUPANCY OR THE INITIAL
RESIDENT’S OWNERSHIP. The
applicant may elect to apply use
restrictions for a longer period, or in
excess, of this requirement.
g. Leveraging Other Resources.
(1) The Main Street Area rejuvenation
effort must have community support
from government and the private sector.
Leverage, or the contribution of funds or
in-kind services from sources other than
a grant that results from this NOFA,
demonstrates this support. See
‘‘Leverage’’ in ‘‘Definitions,’’ Section I.D
of this NOFA. To measure the amount
of support that the Main Street Area
rejuvenation effort has, this NOFA
includes a Leverage rating factor. See
Rating Factor 3(c) in Section V.A.3 of
this NOFA.
(2) Unlike grant and match funds from
this NOFA, Leverage is not limited to
the funding of affordable housing
development. Leverage can include
contributions that have been made to, or
are firmly committed to, the Main Street
Area rejuvenation effort as a whole. It
can include past or future funding for
other affordable housing, retail
supportive services, jobs, and other
economic development that is part of
the Main Street Area rejuvenation effort.
Other examples of uses for Leverage
funds include, but are not limited to:
(a) The acquisition of existing housing
units that will become affordable
housing, but do not require
rehabilitation, including associated
costs, such as appraisals, surveys, tax
settlements, broker fees, and other
closing costs;
(b) Off-site site improvements that are
contiguous to the site;
(c) Demolition;
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(d) Restoration of the Main Street
affordable housing project facade when
facade rehabilitation is not an integral
part of the project’s rehabilitation;
(e) Rehabilitation of retail space in the
Main Street affordable housing project,
even if this rehabilitation is not an
integral part of the rehabilitation of the
rental areas of the project;
(f) Rehabilitation of retail space
elsewhere in the Main Street Area;
(g) Funding of Reserves; e.g., the
Initial Operating Reserve necessary for
financial viability during the initial
affordable housing occupancy period,
Replacement Reserves, etc.;
(h) Homeownership financial
assistance, e.g., write-down of
homeownership unit development costs
and downpayment assistance;
(i) Other uses that relate directly to
the Main Street affordable housing
project;
(j) Site improvements, e.g., repaving
streets or upgrading streets or sidewalks
with brick or cobblestone, adding
‘‘boulevard’’ islands, etc.;
(k) Legal and administrative fees and
costs; and
(l) Other uses that do not relate
directly to the Main Street affordable
housing project, but do relate to the
Main Street Area rejuvenation effort.
h. Transfer of Title for Tax Credits.
The original owner entity of Main Street
affordable housing project properties
may transfer title to, or commit to a
long-term lease with, an owner entity
partnership that includes the original
owner, the applicant, an equity partner
and, when appropriate, other partners,
for the purpose of obtaining LowIncome or Historic Tax Credit equity as
a leverage resource. Such a transfer,
excluding legal fees, is an allowable
grant activity. See Section IV.E of this
NOFA for limits on the sale of real
property.
i. Section 106 Historic Preservation
Requirements. Grantees may not commit
HUD funds until HUD has completed
the historic preservation review and
consultation process under Section 106
of the National Historic Preservation Act
of 1966 (16 U.S.C. 470f) and its
implementing regulation, 36 CFR part
800, as applicable, in accordance with
environmental review requirements
under 24 CFR part 50. See https://
www.achp.gov/ for details on the
Section 106 review process.
j. Environmental Requirements.
(1) HUD’s notification of award to a
selected applicant constitutes a
preliminary approval by HUD, subject to
HUD’s completion of an environmental
review of proposed sites in accordance
with 24 CFR part 50. Selection for
participation (preliminary approval)
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
does not constitute approval of the
proposed site(s).
(2) Your application constitutes a
certification that you, the applicant, will
supply HUD with all available, relevant
information necessary for HUD to
perform any environmental review
required by 24 CFR part 50 for each
property; will carry out mitigating
measures required by HUD or, if
mitigation is not feasible, select
alternate eligible property; and will not
acquire, rehabilitate, convert, demolish,
lease, repair, or construct property, nor
commit or expend HOPE VI, other HUD
or other non-HUD funds, for these
program activities with respect to any
eligible property, until you receive
written HUD approval of the property.
(3) Each proposal will be subject to a
HUD environmental review, in
accordance with 24 CFR part 50, and the
proposal may be modified or the
proposed sites rejected as a result of that
review.
(4) Phase I and Phase II
Environmental Site Assessments. If you
are selected for funding, you must have
a Phase I environmental site assessment
completed in accordance with the
ASTM Standards E 1527–05, as
amended (see https://www.astm.org). The
results of the Phase I assessment must
be included in the documents that must
be provided to HUD for the
environmental review. If the Phase I
assessment recognizes environmental
concerns or if the results are
inconclusive, a Phase II environmental
site assessment will be required.
(5) Mitigating and remedial measures.
You must carry out any mitigating/
remedial measures required by HUD. If
a remediation plan, where required, is
not approved by HUD and a fully
funded contract with a qualified
contractor licensed to perform the
required type of remediation is not
executed, HUD reserves the right to
determine that the grant is in default.
(6) Your application constitutes a
certification that there are not any
environmental or public policy factors,
such as sewer moratoriums, that would
preclude development in the requested
Main Street Area.
(7) Note that environmental
requirements for this NOFA are found
in 24 CFR part 50, which requires HUD
environmental approval. Please note
that 24 CFR part 58, which allows State
and local governments to assume
Federal environmental responsibilities,
is not applicable.
(8) HUD’s environmental Web site is
located at https://www.hud.gov/offices/
cpd/environment/index.cfm.
k. Building Standards.
PO 00000
Frm 00007
Fmt 4701
Sfmt 4703
35855
(1) Building Codes. All activities that
include construction, rehabilitation,
lead-based paint removal, and related
activities must meet or exceed local
building codes. The applicant is
encouraged to read the policy statement
and Final Report of the HUD Review of
Model Building Codes that identify the
variances between the design and
construction requirements of the Fair
Housing Act and several model building
codes. That report can be found on the
HUD Web site at https://www.hud.gov/
offices/fheo/disabilities/modelcodes/.
(2) Deconstruction. HUD encourages
the applicant to design programs that
incorporate sustainable construction
and demolition practices, such as the
dismantling or ‘‘deconstruction’’ of
housing units, recycling of demolition
debris, and reusing of salvage materials
in new construction. ‘‘A Guide to
Deconstruction’’ can be found at
https://www.huduser.org/publications/
destech/decon.html.
(3) Partnership for Advancing
Technology in Housing (PATH). HUD
encourages the applicant to use PATH
technologies in the construction and
delivery of affordable housing. PATH is
a voluntary initiative that seeks to
accelerate the creation and widespread
use of advanced technologies to
improve radically the quality,
durability, environmental performance,
energy efficiency, and affordability of
our nation’s housing.
(a) The goal of PATH is to achieve
dramatic improvement in the quality of
U.S. housing by the year 2010. PATH
encourages leaders from the home
building, product manufacturing,
insurance, and financial industries and
representatives from Federal agencies
dealing with housing issues to work
together to spur housing design and
construction innovations. PATH will
provide technical support in design and
cost analysis of advanced technologies
to be incorporated in project
construction.
(b) Applicants are encouraged to
employ PATH technologies to exceed
prevailing national building practices
by:
(i) Reducing costs;
(ii) Improving durability;
(iii) Increasing energy efficiency;
(iv) Improving disaster resistance; and
(v) Reducing environmental impact.
(c) More information, including a list
of technologies, the latest PATH
Newsletter, results from field
demonstrations, and descriptions of
PATH projects can be found at https://
www.pathnet.org.
(4) Energy Efficiency.
(a) New construction and
rehabilitation must comply with the
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35856
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
2003 International Energy Conservation
Code (IECC 2003), which incorporates
American Society of Heating,
Refrigeration and Air Conditioning
Engineers (ASHRAE) 90.1 2001 by
reference for high-rise multifamily
housing.
(i) IECC 2003 Administrative
Guidance. IECC 2003 applies to all
construction and rehabilitation of
residential and commercial property.
The standard contains exceptions that
allow for its reasonable application to
Main Street NOFA activities.
(A) IECC 2003 Section ‘‘101.2.2.3
Historic buildings. The provisions of
this code * * * shall not be mandatory
for existing buildings or structures
specifically identified and classified as
historically significant by the State or
local jurisdiction, listed in The National
Register of Historic Places, or which
have been determined to be eligible for
such listing.’’
(B) IECC 2003 Section ‘‘101.2.3 Mixed
occupancy. [For mixed-use buildings,]
* * * each portion of the building shall
conform to the requirements for the
occupancy housed therein. Buildings
[with more than two housing units] with
a height of four or more stories above
grade shall be considered commercial
buildings * * * regardless of the
number of floors that are classified as
residential.’’ That is, if there is a store
in the building, that part of the building
is considered commercial. The rest of
the building would incorporate low-rise
residential requirements.
(C) IECC 2003 Section ‘‘101.2.2.2
Additions, alterations or repairs.
Additions [and rehabilitation of a
building or portion of a building] * * *
shall conform to the provisions of this
code * * * without requiring the
unaltered portions(s) of the existing
system to comply with all of the
requirements of this code. Additions [or
rehabilitation] shall not cause any one
of the aforementioned and existing
systems to become unsafe, hazardous or
overloaded.’’
(b) Where local or State energy-related
building codes exceed the above
standards, new construction and
rehabilitation must comply with those
local or State standards.
(c) The applicant must use new
technologies that will conserve energy
and decrease operating costs, where cost
effective. Examples of such technologies
include:
(i) Geothermal heating and cooling;
(ii) Placement of buildings and size of
eaves that take advantage of the
directions of the sun throughout the
year;
(iii) Photovoltaics (technologies that
convert light into electrical power);
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(iv) Extra insulation;
(v) Smart windows;
(vi) Energy Star appliances; and
(vii) Combined heat and power
(cogeneration).
(5) Universal Design. HUD encourages
the applicant to incorporate the
principles of universal design in the
construction or rehabilitation of
housing, retail establishments, and
community facilities, and when
communicating with community
residents at public meetings or events.
Universal Design is the design of
products and environments to be usable
by all people, to the greatest extent
possible, without the need for
adaptation or specialized design. The
intent of Universal Design is to simplify
life for everyone by making products,
communications, and the built
environment more usable by as many
people as possible at little or no extra
cost. Universal Design benefits people of
all ages and abilities. Examples include
designing wider doorways, installing
levers instead of doorknobs, and putting
bathtub/shower grab bars in all units.
Computers and telephones can also be
set up in ways that enable as many
residents as possible to use them. The
Department has a publication that
contains a number of ideas about how
the principles of Universal Design can
benefit persons with disabilities. To
order a copy of ‘‘Strategies for Providing
Accessibility and Visitability for HOPE
VI and Mixed Finance
Homeownership,’’ go to the publications
and resource page of the HOPE VI Web
site at https://www.huduser.org/
publications/pubasst/strategies.html.
(6) Energy Star. HUD has adopted a
wide-ranging energy action plan for
improving energy efficiency in all
program areas. As a first step in
implementing the energy plan, HUD, the
Environmental Protection Agency
(EPA), and the Department of Energy
have signed a partnership to promote
energy efficiency in HUD’s affordable
housing efforts and programs. The
purpose of the Energy Star partnership
is to promote energy efficiency of the
affordable housing stock, but also to
help protect the environment.
Applicants constructing, rehabilitating,
or maintaining housing or community
facilities are encouraged to promote
energy efficiency in design and
operations. They are urged especially to
build to Energy Star qualifications and
to purchase and use Energy Star-labeled
products. Applicants providing housing
assistance or counseling services are
encouraged to promote Energy Star
building to homebuyers and renters.
Program activities can include
developing Energy Star promotional and
PO 00000
Frm 00008
Fmt 4701
Sfmt 4703
informational materials, outreach to
low- and moderate-income renters and
buyers on the benefits and savings when
using Energy Star products and
appliances, and promoting the
designation of community buildings and
homes as Energy Star compliant. For
further information about Energy Star,
see https://www.energystar.gov or call
(888) STAR–YES ((888) 782–7937) or,
for the hearing-impaired, (888) 588–
9920 (TTY).
l. Lead-Based Paint. The applicant
must comply with lead-based paint
evaluation and reduction requirements
as provided for under the Lead-Based
Paint Poisoning Prevention Act (42
U.S.C. 4821, et seq.), the EPA’s PreRenovation Education Rule (40 CFR
745, subpart E), HUD’s Lead Safe
Housing Rule (24 CFR 35, subparts B-R),
and the Lead Disclosure Rule (24 CFR
35, subpart A), which addresses
documents provided to pre-1978
housing owners regarding lead paint or
hazard testing or lead hazard reduction
activities, as they may be amended or
revised from time to time. The applicant
will be responsible for lead-based paint
evaluation and reduction activities for
housing constructed prior to 1978. The
National Lead Information Hotline is
(800) 424–5323.
m. Labor Standards. Davis-Bacon
wage rates do NOT apply to grants from
this NOFA, with the following
exceptions:
(1) If other Federal programs are used
in connection with the applicant’s
HOPE VI Main Street activities, DavisBacon requirements apply to the extent
required by the other Federal programs.
(2) If any grant funds from an award
through this NOFA are expended by a
PHA, acting as a developer, partnering
with a developer, or as a partner in an
ownership entity partnership, DavisBacon wage rates will apply to laborers
and mechanics (other than volunteers
under 24 CFR part 70) employed in
development of all housing units, and
HUD-determined wage rates will apply
to laborers and mechanics (other than
volunteers) employed in the operation
of all housing units, regardless of
whether such units are public housing
or non-public housing.
n. Relocation Requirements. The
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1979 (42 U.S.C. 4601–4655),
implementing regulations at 49 CFR part
24, and ‘‘Handbook CPD 02–08,
Guidance on the Application of the
Uniform Relocation Assurance and Real
Property Acquisition Policies Act of
1970 (URA), as amended in HOPE VI
Projects’’ apply to anyone who is
displaced as a result of acquisition,
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
rehabilitation, or demolition due to a
HUD-assisted activity.
o. Fair Housing and Equal
Opportunity Requirements. Fair
Housing and Equal Opportunity
requirements stated in Section III.C of
the General Section apply as referenced
in this NOFA. In addition, the following
requirement applies:
(1) Accessibility Requirements.
(a) All ‘‘multifamily’’ HOPE VI
developments, defined as projects with
more than five units, are subject to the
accessibility requirements contained in
several Federal laws, as implemented in
24 CFR part 8. PIH Notice 2003–31,
available at https://www.hud.gov/offices/
pih/publications/notices/ and
subsequent updates, provide an
overview of all pertinent laws and
implementing regulations pertaining to
HOPE VI.
(b) Generally, for substantial
rehabilitation of projects with more than
15 housing units, or new construction of
a multifamily project, at least 5 percent
of the units, or one unit, whichever is
greater, must be accessible to persons
with mobility impairments. An
additional 2 percent, but not less than
one unit, must be made accessible for
persons with hearing or vision
impairment. See, in particular, 24 CFR
parts 8.20 through 8.32.
(c) In addition, under the Fair
Housing Act, all new construction of
covered multifamily buildings must
contain certain features of accessible
and adaptable design. The relevant
accessibility requirements are provided
on HUD’s FHEO Web site at https://
www.hud.gov /groups/fairhousing.cfm.
Units covered are all those in elevator
buildings with four or more units and
all ground floor units in buildings
without elevators. See also ‘‘program
accessibility’’ at https://www.hud.gov/
offices/fheo/disabilities/
sect504faq.cfm#anchor263905. This
section is in addition to, and does not
replace, other non-HUD accessibility
requirements to which the applicant
local government may be subject.
p. Procurement. City governments are
required to follow the procurement
regulations at 24 CFR 85.36. State and
local procurement requirements apply
to the extent required by those
governments.
5. General Section References. The
following subsections of Section III of
the General Section are hereby
incorporated by reference:
a. Additional Nondiscrimination and
Other Requirements;
(1) Civil Rights Laws, including the
Americans with Disabilities Act of 1990
(42 U.S.C. 1201 et seq.);
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(2) The Age Discrimination Act of
1974 (42 U.S.C. 6101 et seq.); and
(3) Title IX of the Education
Amendments Act of 1972 (20 U.S.C.
1681 et seq.)
b. Affirmatively Furthering Fair
Housing;
c. Economic Opportunities for Lowand Very Low-Income Persons (Section
3);
d. Ensuring the Participation of Small
Businesses, Small Disadvantaged
Businesses, and Women-Owned
Businesses;
e. Relocation;
f. Executive Order 13166, Improving
Access to Services for Persons With
Limited English Proficiency (LEP);
g. Executive Order 13279, Equal
Protection of the Laws for Faith-Based
and Community Organizations;
h. Accessible Technology;
i. Procurement of Recovered
Materials;
j. Participation in HUD-Sponsored
Program Evaluation;
k. Executive Order 13202,
Preservation of Open Competition and
Government Neutrality Towards
Government Contractors’ Labor
Relations on Federal and Federally
Funded Construction Projects;
l. Salary Limitation for Consultants;
m. OMB Circulars and Governmentwide Regulations Applicable to
Financial Assistance Programs;
n. Environmental Requirements;
o. Conflict of Interest;
p. Drug-Free Workplace; and
q. Safeguarding Resident/Client Files.
IV. Application and Submission
Information
A. Addresses to Request Application
Package. This section describes how
you may obtain application forms,
additional information about the
General Section of this NOFA, and
technical assistance.
1. Copies of this published NOFA and
related application forms may be
downloaded from the Grants.gov Web
site at https://www.grants.gov/
applicants/apply_for_grants.jsp. If you
have difficulty accessing the
information, you may receive customer
support from Grants.gov by calling the
help line at (800) 518-GRANTS ((800)
518–4726) or by sending an e-mail to
support@grants.gov. The operators will
assist you in accessing the information.
If you do not have Internet access and
need to obtain a copy of this NOFA, you
can contact HUD’s NOFA Information
Center toll-free at (800) HUD–8929.
Persons with hearing or speech
impairments may call the Federal
Information Relay Service at (800) 877–
8339.
PO 00000
Frm 00009
Fmt 4701
Sfmt 4703
35857
2. The published Federal Register
document is the official document that
HUD uses to evaluate applications.
Therefore, if there is a discrepancy
between any materials published by
HUD in its Federal Register
publications and other information
provided in paper copy, electronic copy,
or at https://www.grants.gov, the Federal
Register publication prevails. Please be
sure to review the application
submission against the requirements in
this NOFA.
B. Content and Form of Application
Submission.
1. Number of Applications Permitted.
Each applicant may submit only one
application.
2. Joint Applications. Joint
applications are not permitted.
However, the applicant may enter into
subgrant agreements with procured
developers, other partners, nonprofit
organizations, State governments, or
other local governments to perform the
activities proposed under the
application.
3. General Format and Length of
Application.
a. Applicant Name. The applicant’s
official name is the name that is
submitted to Grants.gov on the form SF–
424. (Note: Applicants must enter their
legal name in box 8.a. of the SF–424 as
it appears in the Central Contractor
Register (CCR). See the General Section
regarding CCR registration).
b. Electronic Format.
(1) General.
(a) Sections of the application are as
listed below.
(b) In accordance with the General
Section, applications are to be
submitted electronically via https://
www.grants.gov/applicants/
apply_for_grants.jsp. See the General
Section for additional instructions.
(2) File Names.
(a) The name of each submission file
should include the information below
so that a HUD reviewer will be able to
identify it as part of the application:
(i) Short version of applicant’s name,
e.g., town, city, county/parish, etc., and
State; and
(ii) The word ‘‘Narrative’’ or
‘‘Attachment,’’ as applicable, and the
Section letter(s) (A through U) that are
included in the file, as listed below.
(b) Examples of file names are
‘‘AtlantaGANarrative
SectionD_ABC.doc’’ and
‘‘NewYorkNYAttachment
SectionM_KL.pdf.’’ Do not include
spaces in the file names. Replace spaces
with underscore marks.
(3) Summary and Rating Factor
Narrative Files.
(a) In the Application Package, the
form SF–424, ‘‘Application for Federal
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35858
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
Assistance,’’ should be completed first.
Other Exhibits are part of the
Application Instructions that you will
download from Grants.gov, which are
described in Sections IV.B.5 through 6
and in the ‘‘Rating Factors,’’ Section V.A
of this NOFA. The following
instructions apply to those Narrative
Exhibits.
(b) Each narrative submission file
must be formatted so it can be read by
MS Word (version 9 or earlier).
(c) Each Narrative Exhibit, for each
section of the application, should be
contained in a separate file, as listed in
Section IV.A.3.d of this NOFA, directly
below.
(d) Narrative Exhibit Title Pages. HUD
will use title pages to identify each
section of the application. Each
Narrative Exhibit file should contain
one title page (the first page of the file.
Do not create title pages separately from
the documents they go with). Provided
the information on the title page is
limited to the list in section (i) below,
the title pages will not be counted when
HUD determines the length of each
Narrative Exhibit, or the overall length
of the Narrative Exhibits.
(i) Each title page should contain
only:
(A) The name of the Narrative Exhibit,
as described in ‘‘File Names,’’ Section
IV.B.3.b.(2), above, e.g., ‘‘Narrative
Exhibit B: Executive Summary’’;
(B) The name of the applicant; and
(C) The name of the file that contains
the Narrative Exhibit.
(4) Entering Narrative Files into the
Application.
(a) Each narrative submission file
must be formatted so it can be read by
MS Word (version 9 or earlier).
(b) To be included in the application,
each file must be entered into the
Grants.gov ‘‘Project Narrative
Attachment Form’’ located in the
Mandatory Documents area of the
‘‘Grant Application Package.’’
(i) After the form is open, enter your
first file as the ‘‘Mandatory Project
Narrative File.’’ Add subsequent files, if
any, as ‘‘Optional Project Narrative
Files’’ by clicking on ‘‘Attach’’ in the
Attachments window.
(5) Attachment Files.
(a) In the Grants.gov Grant
Application Package, certain form
Attachments have been converted into
documents for completion by the
applicant on the screen. The applicant
must simply fill these forms in and
submit them. Other Attachments are
part of Grants.gov Application
Instructions and are defined in this
Section IV of this NOFA. The following
instructions apply to those Attachments.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(b) Each Attachment file must be
formatted so it can be read by MS Word
(.doc), MS Excel (.xls) or Adobe Acrobat
(.pdf). See the General Section for
format version specifications.
(c) Downloaded files, e.g., forms
HUD–52861 and HUD–52825A, should
be submitted in their original format.
(d) Existing and third-party
documents, e.g., Main Street Plan, maps,
and drawings, should be submitted in
Adobe Acrobat (.pdf) format, or faxed
using the HUD Facsimile Transmittal
(HUD–96011) form.
(e) You must complete these
Attachments in stand-alone computer
applications, such as MS Excel. To
include these downloaded Attachments
in the application, you must enter each
Attachment’s file into the Grants.gov
‘‘Other Attachments Form,’’ which is
located in the Mandatory Documents
area of the Grant Application Package.
(i) After the form is open, enter your
first file as the ‘‘Mandatory Other
Attachment.’’ Add subsequent files, if
any, as ‘‘Optional Other Attachments’’
by clicking on ‘‘Attach’’ in the
Attachments window.
c. Maximum Length of Application.
(1) There is no overall maximum
application length. However, there are
maximum page limits for specific parts
of the application. Pages beyond the
below listed limits will not be reviewed.
Page limits are as follows:
(a) All of the Narrative Sections’
responses together, including the Rating
Factor responses, are limited to a
maximum of 20 pages;
(b) The Program Schedule is limited
to a maximum of one page;
(c) The Main Street Area Map,
including identification of all project
sites, is limited to a maximum of one
page. The map may be hand-drawn, but
must be approximately to scale and
must be of sufficient quality to be
legible at 11″ x 17″ printed size.
Computer-Aided Design software is not
necessary;
(d) The representative affordable
housing unit layout is limited to a
maximum of one page; and
(e) Applicant Team Resumes are
limited to a maximum of five pages.
More than one resume may be placed on
each page.
(2) Page Definition and Layout.
(a) A page is the electronic equivalent
of an 81⁄2″ x 11″ paper page, with oneinch top, bottom, left, and right margins.
(b) For .doc files, a ‘‘page’’ contains a
maximum of 23 double-spaced lines.
The length of each line is limited to 61⁄2
inches. The font must be 12-point Times
New Roman. Each page must be
numbered. The page numbers may be
PO 00000
Frm 00010
Fmt 4701
Sfmt 4703
within the bottom one inch of the page,
e.g., in the footer area.
(c) Third-party and existing
documents converted into PDF format
may retain their original page layout.
They must not be shrunk to fit more
than one original page on each
application page. To add page numbers
to PDF files using Adobe Acrobat 6,
click on Document; Add Headers &
Footers; Footer; Align Right; and Insert
Page Number. Page numbers may also
be added manually.
(d) Pages of HUD forms and
certification formats furnished by HUD
must remain as numbered by HUD.
These forms do not count toward any
page limits.
d. List of Application Sections and
Related Documents.
(1) Summary Information:
(a) Section A: Application for Federal
Assistance, form SF–424;
(b) Section B: Executive Summary;
(2) Rating Factor Responses:
(a) Section C: Rating Factor 1,
Capacity, Narrative Response;
(b) Section D: Rating Factor 3,
Readiness and Appropriateness of the
Main Street affordable housing project,
Narrative Response;
(c) Section E: Rating Factor 4, Program
Administration and Fiscal Management,
Narrative Response;
(d) Section F: Rating Factor 5,
Incentive Criteria on Regulatory Barrier
Removal (HUD Community Initiative
(information required by form HUD–
27300), Narrative Response;
(3) Attachments:
(a) Section G: Readiness Certifications
and Documents;
(b) Section H: Program Schedule;
(c) Section I: HOPE VI Main Street
Application Data Sheet, form HUD–
52861;
(d) Section J: HOPE VI Budget, form
HUD–52825A;
(e) Section K: 5-Year Cash Flow
Proforma;
(f) Section L: Map of Main Street
Area;
(g) Section M: Site Plan and Typical
Unit Layout;
(h) Section N: HUD Community
Initiative, form HUD–27300 (Narrative
includes explanation and background);
(i) Section O: Certification of
Consistency with the RC/EZ/EC–IIs
Strategic Plan, form HUD–2990, if
applicable;
(j) Section P: Program Outcome Logic
Model, form HUD–96010 (including
indicators, outcomes and related items
obtained in accordance with Section
VI.C of the General Section);
(k) Section Q: Code of Conduct
(including distribution methodology);
(l) Section R: Applicant/Recipient
Disclosure Report, form HUD–2880,
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(‘‘HUD Applicant Recipient Disclosure
Report’’ on Grants.gov) if applicable;
(m) Section S: Disclosure of Lobbying
Activities, Standard Form LLL, if
applicable;
(n) Section T: HUD–96011 Third Party
Documentation Facsimile Transmittal
(‘‘Facsimile Transmittal Form’’ on
Grants.gov) (to be used to transmit thirdparty documents as part of your
electronic application, if applicable);
and
(o) Section U: HUD–2994, You Are
Our Client Grant Applicant Survey
(optional)
4. Threshold Documentation.
Threshold documentation requirements
are limited to those stated in
‘‘Thresholds,’’ Section III.C.2,
‘‘Certification of Certain Thresholds,’’
Section III.C.3, of this NOFA, and
‘‘Conducting Business in Accordance
with Core Values and Ethical
Standards,’’ in Section III.C of the
General Section.
5. Summary and Attachment
Documentation.
a. Executive Summary.
(1) Provide an Executive Summary.
Describe your affordable housing plan.
State whether: (1) You have procured
(or will procure) a developer, (2) you
will act as your own developer, or (3)
you will not use a developer because
your housing project is not complex
enough to warrant one. Briefly describe:
(a) The type of housing, e.g., walk-up
above retail space, detached house, etc.;
(b) The number of units and
buildings;
(c) The description of the Main Street
Area that surrounds the Main Street
affordable housing project. Include
income mix, basic features (such as
restoration of streets), and a general
description of mixed-use and nonhousing Main Street rejuvenation
components;
(d) The number of homeownership
units in your proposal, if any;
(e) The amount of HOPE VI funds you
are requesting. (See Section IV.E of this
NOFA for funding limits); and
(f) A list of major non-HOPE VI
funding resources for the Main Street
affordable housing project and the Main
Street Area rejuvenation effort as a
whole.
b. Readiness (Site Control, Zoning,
and Developer/Construction
Agreement). See ‘‘Rating Factor
Documentation,’’ Section 6, below.
c. Program Schedule. The application
requires a Program Schedule for the
applicant’s Project. The Program
Schedule must reflect the Reasonable
Time-Frame and Development Proposal
time requirements stated in Section VI.B
of this NOFA.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
d. HOPE VI Main Street Application
Data Sheet, form HUD–52861, in MS
Excel format (.xls).
(1) This form consists of several Excel
worksheets. Each worksheet requires
information that is necessary for the
applicant to meet thresholds, obtain
rating points, or determine the
maximum grant amount. Instructions for
completing the data worksheets are
located in the left-hand worksheet, with
the tab name, ‘‘Instructions.’’ The
worksheets should be completed from
the left-most tab toward the right. In this
way, the information that the applicant
provides will automatically be inserted
to the right into other worksheets, as
needed.
(2) Unit Mix. This worksheet will be
HUD’s primary source of information on
the Main Street affordable housing
project’s unit number and type. This
information also feeds into the
calculations for maximum grant
amount.
(3) Construction Sources and Uses.
This worksheet contains the planned
costs and funding resources that will
exist during the construction period.
That is, if a construction loan will be
obtained, it would be included here
along with other financing that will be
expended during the construction and
rent-up period, including grant funds
used in construction. A permanent
mortgage would not be included here.
(4) Permanent Sources and Uses. This
worksheet contains the planned costs
and long-term financing that will be
used to develop the Main Street
affordable housing project. Tax credit
equity, permanent mortgages, grant
funds that will be used in construction,
rent-up, developer fee, etc., would be
included here.
(5) TDC (Total Development Cost).
(a) The maximum amount of the grant
must be based on HUD’s published TDC
per unit developed. See HUD’s Notice
PIH–2006–22 (HA), ‘‘Public Housing
Development Cost Limits.’’
(b) HUD has developed TDCs for
larger cities, metropolitan statistical
areas and primary metropolitan
statistical areas (MSA/PMSA), and some
counties. HUD has not developed TDCs
for all small, nonmetropolitan cities and
towns. Therefore, the applicant may
have to contact its closest HUD Field
Office to find out of which county/
parish or MSA/PMSA it is considered a
part.
(6) Match. In order to meet HOPE VI’s
statutory 5 percent match threshold, the
applicant must enter match resource
information in this worksheet. If a
resource is not listed in this worksheet,
the amount will not be included in
HUD’s calculation of match, and the
PO 00000
Frm 00011
Fmt 4701
Sfmt 4703
35859
application may be barred from rating,
ranking, and award. (Note that the
applicant must also provide a
commitment letter for each match
resource. See ‘‘match,’’ Section III.B of
this NOFA.)
(a) For each of the applicant’s match
resources, the applicant must include in
this form:
(i) The name of the entity providing
the resource;
(ii) The name of a contact for the
entity providing the resource who is
familiar with the contribution toward
this application;
(iii) The telephone number of a
contact for the resource who is familiar
with the contribution toward this
application;
(iv) The match amount;
(v) Whether the match amount is cash
or in-kind services; and
(vi) A letter from the entity that is
furnishing the match, including items (i)
through (v) above and signed by an
authorized individual, stating that the
match is firmly committed.
(vii) All columns, except the last,
‘‘Leverage Period More than 2 Years,’’
must be completed.
(b) Match may only include resources
to fund the Main Street affordable
housing project. The applicant must
enter all match resource information in
this worksheet. If a resource is not listed
in this worksheet, the amount will not
be included in HUD’s calculation of the
match amount. (Note that the applicant
must also provide a commitment letter
for each match resource.)
(7) Leverage. Leverage is a HOPE VI
program requirement of cash or in-kind
services that have been firmly
committed to the Main Street affordable
housing project or the Main Street Area
refurbishment.
(a) For each of the applicant’s
Leverage resources, the applicant must
include in this form:
(i) The name of the entity providing
the resource;
(ii) The name of a contact for the
entity providing the resource who is
familiar with the contribution toward
this application;
(iii) The telephone number of a
contact for the resource who is familiar
with the contribution toward this
application;
(iv) The leverage amount;
(v) Whether the leverage amount is
cash or in-kind services;
(vi) A letter from the entity that is
furnishing the Leverage, including items
(i) through (v) above, signed by an
authorized individual, stating that the
Leverage is firmly committed; and
(vii) All columns, except the last,
‘‘Leverage Period More than 2 Years,’’
must be filled in.
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35860
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
e. HOPE VI Budget. Enter the amount
you are requesting through this NOFA.
Typically, HOPE VI assists PHAs. With
the Main Street program, HOPE VI is
assisting local governments. Because of
this, the HOPE VI Budget form refers to
PHAs instead of local governments. In
‘‘Part I: Summary,’’ in the ‘‘PHA’’ space,
enter the applicant’s name as stated on
the form SF–424. Also complete the
column entitled, ‘‘Revised Overall
HOPE VI Budget for All Project Phases.’’
It is not necessary to fill in the other
columns. In ‘‘Part II: Supporting Pages,’’
in the ‘‘PHA’’ space, enter the
applicant’s name as stated on the form
SF–424 and complete only columns two
and three.
f. Cash Flow Proforma. The applicant
must include a 5-year estimate of project
income, expenses, and cash flow
(‘‘proforma’’) that shows that the project
will be financially viable over the long
term. The proforma should show the
affordable rents for the period of the
INITIAL occupancy and the affordable
or market rents (set at the discretion of
the grantee) for subsequent occupants.
Note that initial funding of reserves
with grant funds is NOT an allowable
use of funds from this NOFA, e.g., a
rental reserve to support initial
affordable income. Reserves may be
funded through leverage resources.
g. Map of Main Street Area. The
drawing must denote the boundaries of
a Main Street Area and denote each
housing site that is included in the
applicant’s project. The map should be
grayscale for printing on a black-andwhite printer. Boundaries and site(s)
should be delineated with black lines.
The boundaries may include streets,
highways, railroad tracks, etc., and
natural boundaries such as streams,
hills, and ravines, etc. The map may be
hand-drawn and should be
approximately to scale. The purpose of
this drawing is to define the area where
firmly committed leverage resources
that are included in the application
have been, or will be, expended.
h. Site Plan and Typical Unit Layout.
The applicant must include a drawing
of the Main Street affordable housing
project site plan and a typical unit
layout. The drawings may be handdrawn, should be approximately to
scale, and should be in grayscale, for
printing on a black-and-white printer.
The purpose of these drawings is to
determine if the building and unit
configuration look feasible and fulfill
generally acceptable housing standards.
i. America’s Affordable Communities
Initiative, form HUD–27300. See
‘‘Reviews and Selection Process,’’
Section V.B of the General Section.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
j. Certification of Consistency with the
RC/EZ/EC–IIs Strategic Plan, form
HUD–2990. See ‘‘Rating Factor
Documentation,’’ below.
k. Logic Model. The applicant must
complete the form HUD–96010, ‘‘Logic
Model,’’ in accordance with the ‘‘Logic
Model Instructions’’ in the General
Section.
6. Rating Factor Documentation.
a. Rating Factor 1—Capacity.
(1) Team Experience. This Rating
Factor will be based upon the
applicant’s narrative description of the
various types and extent of experience
that each of its Team members has
accumulated. Information from other
sections of the application that reflect
on the Team’s capacity also will be
weighed for this Rating Factor. The
stated experience will be reviewed to
determine if the Team has successfully
completed similar projects. It will also
be reviewed to determine how similar
those projects were to the activities that
will be performed under a grant from
this NOFA. At a bare minimum, the
following should be included:
(a) A list and short description of
affordable housing projects that the
members of the applicant’s team have
completed; and
(b) A list and short description of
contracts or grants completed by the
members of the applicant’s Team for
similar housing development or
services.
(2) Key Personnel Knowledge. Key
personnel are those Team members that
must remain part of the team in order
for the Team to complete the activities
required by a grant under this NOFA. As
examples, key personnel may include
the developer, if complex financing
methods are necessary to complete the
grant activities; or the owner of the
property that is going to be
rehabilitated, if it will remain in his
possession; or an affordable housing
intermediary that is going to manage the
activities of other Team members. On
the other hand, a specific accountant
would not be key to grant completion.
Knowledge may come from experience
or from education. The quality and
amount of knowledge that key
personnel have will be weighed by this
Rating Factor. As an example, short
resumes would contain this type of
information.
b. Rating Factor 2—Need for
Affordable Housing. NO
DOCUMENTATION IS NECESSARY
FOR THIS RATING FACTOR.
(1) HUD reviewers will derive the
need for affordable housing based on a
comparison of HUD’s Fair Market Rent
(FMR) for the applicant’s primary
metropolitan statistical area/
PO 00000
Frm 00012
Fmt 4701
Sfmt 4703
metropolitan statistical area (PMSA/
MSA) or nonmetropolitan county/parish
and the maximum amount of rent that
a very low-income family living in that
PMSA/MSA or nonmetropolitan
county/parish can afford to pay. In
performing the comparison, HUD will
compare the FMR for a three-bedroom
unit to the rent that would be paid by
a four-person, very low-income family.
(2) PMSA/MSAs and nonmetropolitan
counties/parishes documentation on the
FMRs are listed at https://
www.huduser.org/datasets/fmr.html.
(3) The FMRs are listed at https://
www.huduser.org/intercept.asp?loc=/
datasets/fmr/fmr2007P/
FY2007P_ScheduleB.pdf.
(4) The maximum, affordable very
low-income rent is based on HUD’s
Income Limits, which can be obtained at
https://www.huduser.org/datasets/il/
il2007_docsys.html for very low-income
families. The initial occupant must not
pay more in rent than a public housing
resident at a HOPE VI development,
which is 30 percent of one-twelfth of the
listed income limit for a very lowincome family.
c. Rating Factor 3—Readiness and
Appropriateness of the Main Street
Affordable Housing Project.
(1) Site Control, Zoning, and
Developer/Construction Agreement.
(a) Evidence of Site Control should be
included in the application’s Readiness
Attachment Exhibit:
(i) For site(s) that WILL NOT be
conveyed to perform under a grant from
this NOFA:
(A) A copy of the site’s deed that
shows ownership by the applicant or a
Team member; or
(B) A certification signed by the
applicant’s Mayor, City Registrar, or
other authorized city employee, stating
that the applicant has the legal authority
to perform the proposed and the
required activities of a grant from this
NOFA on the site(s).
(ii) For sites that WILL be conveyed
in order to perform under a grant from
this NOFA, the first page and execution
page of the agreement, contract, sales
contract, sales option, or other
document that gives the applicant the
legal authority to perform the proposed
and required activities of a grant from
this NOFA on the site(s).
(2) For Zoning, the application’s
Readiness Attachment Exhibit should
include a certification from the
appropriate local official, e.g., local
government engineer, zoning/land-use
official (not necessarily the Mayor),
documenting that either:
(a) All required land-use approvals for
developed and undeveloped land have
been secured; or
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(b) The request for such approval(s) is
on the agenda for the next meeting of
the appropriate authority in charge of
land use, e.g., zoning board, city
council. This document must include
the date of the meeting.
(3) For Developer/Construction
Agreement, the application’s Readiness
Attachment Exhibit should include one
of the following:
(i) A description in the Rating Factor
Narrative of activities that the applicant
Team has performed in order to obtain
a developer, construction manager, or
construction contractor. These may
include discussions, procurement
processing, etc., that the applicant has
completed. The description should also
contain a description of the activities
that have not been, and must be,
completed to sign an agreement with
such a Team member or contractor to
perform the proposed and required
grant activities. Note that under 24 CFR
50.3, the grantee must not enter into a
binding agreement for choice-limiting
actions until HUD completes an
environmental review.
(ii) If the applicant has entered into a
binding contract before submitting an
application for activities that may be
partially funded by a grant from this
NOFA, the applicant must state so in
the application. Note that, prior to
HUD’s completion of its environmental
review, funds from this NOFA must not
be committed or used to fund
construction activities that started under
a binding contract that was executed
before application submission.
(4) Leverage. The applicant must
provide leverage funds/in-kind services
that are firmly committed to the Main
Street rejuvenation effort. This leverage
may include leverage specifically
committed to development of the Main
Street affordable housing project. This
leverage demonstrates statutorily
required government and private-sector
community support. Leverage does NOT
need to be expended on affordable
housing uses. Leverage may include
infrastructure and other government
expenditures that have occurred since
the Main Street rejuvenation effort
began. See ‘‘Definitions,’’ Section I.D
and ‘‘Program Requirements,’’ Section
III.C of this NOFA for more information
about Leverage.
(a) To be counted as Leverage, the
application must contain a letter from
the leverage resource. The letter must be
in writing and signed by a person
authorized to make the commitment,
and must explicitly state:
(i) The amount of the leverage; and
(ii) That the leverage has been or will
be expended on the Main Street Area
rejuvenation effort.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(b) To be counted as Leverage, the
resource must also be included on pages
12 and 13 of the ‘‘HOPE VI Main Street
Application Data Sheet,’’ form HUD–
52861. All columns, except the last,
‘‘Leverage Period More than 2 Years,’’
must be filled in. No narrative
discussion of Leverage is necessary.
(c) Funds/in-kind services that are
included as match resources CANNOT
be included in Leverage and should not
be duplicated in Leverage
documentation.
(5) Retention of Historic or
Traditional Architecture. The Rating
Factor Narrative Exhibit should include
the age of, and restoration work being
done to, facades that are part of the
¸
Main Street affordable housing project,
along with other significant preservation
or restoration that has taken place or is
planned as part of the rest of the Main
Street Area rejuvenation effort.
(6) Section 3. The Rating Factor
Narrative Exhibit should contain a
Section 3 plan that must include at least
the general methods that the applicant
will use to comply with implementing
regulations at 24 CFR part 135 and give
job training, employment, contracting,
and other economic opportunities to
Section 3 residents and Section 3
business concerns. A Section 3 plan that
exceeds this may contain more specific
information, e.g., goals by age group,
types of jobs, and other opportunities to
be provided by the applicant, and plans
for tracking and evaluation of goals. To
include Logic Model Section 3
information in the Section 3 plan, the
applicant should make reference to such
information in the Section 3 Narrative.
(7) Energy Star. The Rating Factor
Narrative Exhibit should include
examples of any of the following Energy
Star activities that will be performed
under a grant from this NOFA:
(a) It will use Energy Star-labeled
products;
(b) It will promote Energy Star design
of affordable units; and
(c) If the application includes the
development of homeownership units,
it will include Energy Star in required
homeownership counseling.
d. Rating Factor 4—Program
Administration and Fiscal Management.
(1) Documentation that demonstrates
program administration and fiscal
management MUST include a list of any
findings issued or material weaknesses
found by HUD or other Federal or State
agencies. If any of these exist,
documentation must also include a
description of how the applicant
addressed the findings and/or
weaknesses. If no findings or material
weaknesses were exposed or existed on
or before the publication date of this
PO 00000
Frm 00013
Fmt 4701
Sfmt 4703
35861
NOFA, include a statement to that effect
in the narrative. HUD will consider this
statement an applicant’s certification of
fact.
(2) Program Schedule. The Program
Schedule should contain all of the
milestones stated in ‘‘Administrative
Requirements,’’ Section VI.B of this
NOFA. The Narrative Exhibit for this
Rating Factor should describe the
methodology used in developing the
schedule, including the parties that
were contacted and contributed
information to the applicant.
(3) Development, Financial, and
Fiscal Management. The Rating Factor
narrative should include identification
of the Team members, their positions in
the team, and the methods they will use
to manage:
(a) General administration of the grant
activities and reporting;
(b) Construction activities, including
inspections;
(c) Leverage and match resources to
guarantee fulfillment of commitments;
(d) Accounting and distribution of
grant funds; and
(e) Local, State, and Federal
procurement requirements of the
applicant government.
(4) Tracking and Reporting. The
grantee will be required to submit
quarterly reports to HUD using a HUDdeveloped, on-line data input system.
The application’s Rating Factor
Narrative Exhibit should describe the
method that the applicant will use to
collect production information and the
type of computers and Internet access
that the applicant Team possesses.
e. Rating Factor 5—Incentive Criteria
on Regulatory Barrier Removal.
(1) The applicant must include the
completed form HUD–27300 in the
application, along with background
documentation where required by the
form, in order to receive up to 2 policy
priority points for removal of barriers to
affordable housing. See Section V.B of
the General Section.
f. Rating Factor 6—RC/EZ/EC–IIs.
(1) To receive up to two bonus points
for performing the NOFA activities in a
RC/EZ/EC–II area, the applicant must
complete, sign, and submit the
‘‘Certification of Consistency with RC/
EZ/EC Strategic Plan’’ (form HUD–2990)
as part of the application and meet the
requirements of the General Section.
C. Submission Dates and Times.
1. Application deadline date.
Electronic applications must be received
and validated by Grants.gov by 11:59:59
p.m. eastern time on the application
deadline date. If a waiver to the
electronic submission is granted, paper
copy applications must be received by
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35862
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
the application deadline date. See the
General Section and Section IV.F below.
2. No Facsimiles or Videos. HUD will
not accept for review, evaluation, or
funding any entire application sent by
facsimile (fax). However, third-party
documents or other materials sent by
facsimile in compliance with the
instructions under Section IV of the
General Section, and that are received
by the application deadline date will be
accepted. Also, videos submitted as part
of an application will not be viewed.
D. Intergovernmental Review.
1. Executive Order 12372,
Intergovernmental Review of Federal
Programs. Executive Order 12372 was
issued to foster intergovernmental
partnership and strengthen federalism
by relying on State and local processes
for the coordination and review of
Federal financial assistance and direct
Federal development. HUD
implementing regulations are published
in 24 CFR part 52. The executive order
allows each State to designate an entity
to perform a State review function. The
official listing of State Points of Contact
(SPOCs) for this review process can be
found at https://www.whitehouse.gov/
omb/grants/spoc.html. States not listed
on the Web site have chosen not to
participate in the intergovernmental
review process and, therefore, do not
have a SPOC. If the applicant’s State has
a SPOC, the applicant should contact it
to see if it is interested in reviewing the
application prior to submission to HUD.
The applicant should allow ample time
for this review process when developing
and submitting the applications. If the
applicant’s State does not have a SPOC,
the applicant may send applications
directly to HUD.
E. Funding Restrictions.
1. Grant funds must only be used to
provide assistance to carry out eligible
affordable housing activities, as stated
in Section III.C of this NOFA.
2. HOPE VI funds may not be used to
meet the match requirement.
3. Non-allowable Costs and Activities.
Grant funds awarded through this
NOFA must not be expended on:
a. Total demolition of a building
(including where a building foundation
is retained);
b. Sale or lease of the Main Street
affordable housing project site,
excluding:
(1) Long-term lease or transfer of title
for the purposes of obtaining tax credits
or implementation of extended use
restrictions, provided that the recipient
owner entity of the title or lease
includes the applicant;
(2) Transfer of title from a private
owner to the applicant for deminimus
consideration, e.g., $1;
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(3) Acquisition of land or property for
the purpose of developing,
reconfiguring, or rehabilitating
affordable housing units;
c. Funding of project reserves of any
type;
d. Payment of the applicant’s
administrative costs;
e. Payment of any and all legal fees;
f. Development of public housing
replacement units (defined as units that
replace disposed of or demolished
public housing);
g. Housing Choice Vouchers;
h. Transitional security activities;
i. Main Street technical assistance
consultants or contracts; and
j. Costs incurred prior to grant award,
including the cost of application
preparation.
4. Cost Controls.
a. The total amount of HOPE VI funds
expended shall not exceed the TDC, as
published by HUD in Notice PIH 2006–
22 (HA), ‘‘Public Housing Development
Cost Limits,’’ for the number of
affordable housing units that will be
developed through this NOFA. The TDC
limits can be found through HUD’s
HUDClips Web site at https://
www.hudclips.org/sub_nonhud/cgi/
nph-brs.cgi?d=PIHN&s1=(0622)[no]&op1 =AND&
l=100&SECT1=TXT_HITS&
SECT5=HEHB&u=./hudclips.cgi&
p=1&r=1&f=G. This information is also
included as background data in form
HUD–52861, ‘‘HOPE VI Main Street
Application Data Sheet.’’
b. Cost Control Safe Harbors apply.
Grantees must comply with HOPE VI
Main Street Cost Control and Safe
Harbor Standards, as follows:
(1) Developer Fee Safe Harbor. The
HOPE VI Main Street Safe Harbor for the
developer fee is 9 percent or less of total
Main Street affordable housing project
costs that are funded by grant funds or
leverage funds included in the NOFA
application (less the total amount of all
reserve accounts and less the developer
fee, itself.) The maximum developer fee
is 12 percent of total Main Street
affordable housing project costs that are
funded by grant funds or leverage funds
included in the NOFA application. Any
fee above the 9 percent safe harbor must
be justified and approved by HUD in
advance. Possible justifications for
exceeding the 9 percent safe harbor
include:
(a) Developer independently obtains
project financing, including tax credits.
The more sources of financing, the
greater the justification for a higher
developer fee;
(b) Developer obtains site control from
an entity other than the Grantee. The
PO 00000
Frm 00014
Fmt 4701
Sfmt 4703
more sites acquired the greater the
justification for a higher developer fee;
(c) The project is complex (e.g., in
financial, legal, environmental, and/or
political terms.)
(d) The developer bears more than 25
percent of the predevelopment costs;
(e) The developer fee is deferred or
paid out of positive cash flow from the
project;
(f) The developer guarantee(s) is for a
large dollar amount in proportion to the
project size and/or the guarantee(s) is
for a long term.
(2) General Contractor Fee Safe
Harbor. The HOPE VI Main Street Safe
Harbor for the general contractor fee is
as follows:
(a) General Requirements: 6 percent of
hard-costs (including contingency and
bond premium);
(b) Overhead: 2 percent of hard-costs
plus general requirements;
(c) Profit: 6 percent of hard-costs,
general requirements, and overhead;
(d) The maximum Safe Harbor for
these combined costs is 14 percent,
unless adequate justification is provided
to HUD.
5. Community and Supportive
Services (‘‘CSS’’). Furnishing CSS to
residents is voluntary, except for
homeownership counseling when the
application includes development of
homeownership units. If the applicant
chooses to furnish CSS, expenditures
are limited to 15 percent of the grant
amount.
6. Statutory time limit for award,
obligation, and expenditure.
a. The estimated award date will be
21 days after the application deadline
date for this NOFA.
b. Funds available through this NOFA
must be obligated (awarded) on or
before September 30, 2007.
c. In accordance with 31 U.S.C. 1552
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat.
935; Pub. L. 101–510, div. A, title XIV,
Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat.
1676), all HOPE VI funds that were
appropriated in FY 2006 must be
expended by September 30, 2012, and
funds appropriated in FY 2007 must be
expended by September 30, 2013. Any
funds that are not expended by these
dates will be cancelled and recaptured
by the United States Treasury, and
thereafter will not be available for
obligation or expenditure for any
purpose.
7. Withdrawal of Funding. If a grantee
under this NOFA does not proceed
within a reasonable time frame (in
accordance with Section VI of this
NOFA), HUD retains the right to
unilaterally withdraw any grant
amounts that have not been obligated by
the grantee. HUD shall redistribute any
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
withdrawn amounts to one or more
other applicants eligible for assistance
under the HOPE VI program.
8. Transfer of Funds. HUD has the
discretion to transfer to any other HOPE
VI program funds available through this
NOFA.
9. Limitation on Eligible
Expenditures. Expenditures on services,
equipment, and physical improvements
must directly relate to project activities
allowed under this NOFA.
10. Pre-Award Activities. Award
funds shall not be used to reimburse
pre-award expenses.
F. Other Submission Requirements.
1. Application Submission and
Receipt Procedures. See Sections IV.B
and F of the General Section.
2. Timely Receipt Requirements and
Proof of Timely Submission.
a. Electronic Submission. All
electronic applications must be received
and validated by https://www.grants.gov
by 11:59:59 p.m. eastern time on or
before the deadline date established for
this NOFA. See Sections IV. B and F of
the General Section. Applicants are
advised to submit their applications at
least 48 to 72 hours in advance of the
deadline date and when the Grants.gov
help desk is open so that any issues can
be addressed prior to the deadline date
and time. Please note that validation
may take up to 72 hours.
b. Applications Receiving Waivers to
Submit a Paper Copy Application.
(1) Requests for HUD to waive the
requirement that NOFA applications be
submitted electronically must be made
in writing to: Department of Housing
and Urban Development, Office of
Public Housing Investments, Attention:
Susan Wilson, Director, 451 Seventh
Street, SW., Washington, DC 20410–
5000.
(2) Waiver requests must include
justification explaining why the
application cannot be submitted
electronically, and must be submitted
no later than 15 days prior to the
application deadline date.
(3) See Section IV of the General
Section for additional information about
waivers.
(4) Applicants granted a waiver of the
electronic submission requirement must
submit their applications, in their
entirety, to the applicable HUD office by
the application deadline date. Written
notification of waiver approval will
include information on mailing
instructions and timely receipt of the
application by HUD. HUD will not
accept a paper application without a
waiver being granted.
c. No Facsimiles of Entire
Application. HUD will not accept fax
transmissions from applicants who
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
receive a waiver to submit a paper copy
application. Paper applications must be
complete and submitted, in their
entirety, on or before the application
deadline date.
3. General Section References. Section
IV of the General Section is hereby
incorporated by reference.
V. Application Review Information
A. Selection Criteria (Rating Factors).
1. Rating Factor 1—Capacity (up to 25
points). This factor addresses whether
the applicant Team has the capacity and
organizational resources necessary to
implement successfully the proposed
activities within the grant period. Please
do not include the Social Security
Number of any Team member.
a. Past Experience (up to 15 points).
(1) The applicant will earn a
maximum of 15 points if the applicant
demonstrates that the applicant’s Team
has extensive experience of affordable
housing development and historic
preservation requirements; that is, that
the applicant’s Team has developed or
rehabilitated housing projects, including
BOTH affordable housing projects and
National Register for Historic
Preservation (NRHP) or traditional
architecture projects over the past 3
years.
(2) The applicant will earn a
maximum of 10 points if the applicant
demonstrates that the applicant’s Team
has superior experience of affordable
housing development and historic
preservation requirements; that is, that
the applicant’s Team has developed or
rehabilitated housing projects, including
EITHER affordable housing projects OR
NRHP or traditional architecture
projects over the past 3 years.
(3) The applicant will earn a
maximum of 5 points if the applicant
demonstrates that the applicant team
has adequate experience in housing
development; that is, that the
applicant’s Team has developed or
rehabilitated more than one housing
project over the past 3 years.
(4) The applicant will earn a
maximum of 0 points if the applicant
cannot demonstrate that its team has at
least adequate experience in housing
development.
b. Knowledge of Key Personnel (up to
10 points).
(1) The applicant will earn a
maximum of 10 points if the applicant
demonstrates that its key personnel
have extensive knowledge in the
development or rehabilitation of
housing projects, including BOTH
affordable housing projects AND NRHP
or traditional architecture projects.
(2) The applicant will earn a
maximum of 5 points if the applicant
PO 00000
Frm 00015
Fmt 4701
Sfmt 4703
35863
demonstrates that the applicant Team’s
key personnel have adequate knowledge
in the development or rehabilitation of
housing projects, including EITHER
affordable housing projects OR NRHP or
traditional architecture projects.
(3) The applicant will earn a
maximum of 0 points if the applicant
cannot demonstrate that its key
personnel have adequate knowledge in
the development or rehabilitation of
housing projects, including EITHER
affordable housing projects OR NRHP or
traditional architecture projects.
2. Rating Factor 2—Need for
Affordable Housing (up to 10 points).
a. For the applicant’s PMSA/MSA or
nonmetropolitan county/parish, if the
ratio of the maximum affordable rent for
a three-person very low-income family
to the FMR of a two-bedroom size unit
(affordable rent divided by FMR) is
equal to or less than 0.9, the applicant
will receive 10 points. Affordable rent is
30 percent of the Income Limit for a
very low-income family, divided by 12
(months per year).
b. For the applicant’s PMSA/MSA or
nonmetropolitan county/parish, if the
ratio of the maximum affordable rent for
a three-person, very low-income family
to the FMR of a two-bedroom size unit
(affordable rent divided by FMR) is
greater than 0.9, but less than or equal
to 1.2, the applicant will receive 5
points. Affordable rent is 30 percent of
the Income Limit for a very low-income
family, divided by 12 (months per year).
c. For the applicant’s PMSA/MSA or
nonmetropolitan county/parish, if the
ratio of the maximum affordable rent for
a 3-person very low-income family to
the FMR of a two-bedroom size unit
(affordable rent divided by FMR) is
greater than 1.2, the applicant will
receive 0 points. Affordable rent is 30
percent of the Income Limit for a very
low-income family, divided by 12
(months per year).
3. Rating Factor 3—Readiness and
Appropriateness of the Main Street
affordable housing project (up to 48
points).
a. Appropriateness and Feasibility of
the Main Street Affordable Housing
Project (up to 10 points).
(1) You will receive 10 points if your
application demonstrates the following
about your Main Street affordable
housing project:
(a) It is appropriate and suitable, in
the context of the community and other
affordable housing options, e.g.,
rehabilitation versus new construction;
(b) Fulfills the needs of the Main
Street Area rejuvenation effort;
(c) Is marketable, in the context of
local conditions;
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35864
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(d) If the affordable housing units that
will be developed under a grant from
this NOFA are not a separable part of a
larger development effort, and you
include market-rate housing or retail
structures in that larger development,
you must provide a signed letter from an
independent, third-party, market
research firm real estate professional
that describes its assessment of the
demand and associated pricing structure
for the proposed residential units and
retail structures, based on the market
and economic conditions of the Main
Street Area;
(e) Is financially feasible, as
demonstrated in the proforma and
financial exhibits proposed in the
application;
(f) Describes the cost controls that will
be used in implementing the project, in
accordance with the Funding
Restrictions and Program Requirements
sections of this NOFA; and
(g) Includes a completed TDC/Grant
Limitations Worksheet in the
application and follows the Funding
Restrictions and Program Requirements
sections of this NOFA.
(2) You will receive 5 points if your
application demonstrates at least 3 of
the criteria above.
(3) You will receive 0 points if your
application does not demonstrate the
criteria above or your application does
not provide sufficient information to
evaluate this factor.
b. Promotion and Marketing (2
Points).
(1) The applicant will receive 2 points
if the application sets forth a plan to
promote and market the Main Street
Area rejuvenation effort to financiers, to
other parties that may be involved in the
rejuvenation effort, and to possible
future residents of the Main Street
affordable housing project, including (in
accordance with affirmative fair housing
marketing requirements) the population
that is least likely to apply.
(2) The applicant will receive 0 points
if the application does not include a
discussion of promotion or marketing of
the Main Street Area rejuvenation effort.
c. Readiness (Site Control, Zoning,
and Developer/Construction Agreement)
(up to 12 points).
(1) In order to perform the activities
required under a grant from this NOFA,
the applicant must:
(a) Have obtained site control of the
Main Street affordable housing project
site(s). (Note that an applicant that does
not have site control prior to HUD’s
receipt of the application must not
acquire title to any sites until
completion of the HUD environmental
review. In addition, any purchase
option entered into after HUD receipt of
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
the application must be contingent upon
notification from HUD that the property
is acceptable, following a HUD
environmental review, and the cost of
the option must be no more than a
nominal portion of the purchase price);
(b) Have received local zoning
approval that allows residential use of
the Main Street affordable housing
project site(s); and
(c) Have either:
(i) Begun discussions toward
execution of an agreement or contract
with a developer, construction manager,
or construction company to develop the
Main Street affordable housing project.
(Note that under 24 CFR 50.3, the
grantee must not enter into a binding
agreement for choice-limiting actions
until HUD completes an environmental
review); or
(ii) Had such a contract in place,
before application submission, to
develop affordable housing that may be
partially funded by this NOFA. (Note
that, prior to HUD’s completion of its
environmental review, funds from this
NOFA must not be committed or used
to fund construction activities that
started under a binding contract that
was executed before application
submission).
(2) Scoring:
(a) The applicant will receive 12
points if the application includes
documentation demonstrating that (a),
(b), and (c), above, has occurred.
(b) The applicant will receive 8 points
if the application includes
documentation demonstrating that any
two of (a), (b), and (c), above, have
occurred.
(c) The applicant will receive 4 points
if the application includes
documentation demonstrating that only
one of (a), (b), and (c), above, has
occurred.
(d) The applicant will receive 0 points
if the application does not include
documentation demonstrating that
either (a), (b), and (c), above, has
occurred.
d. Main Street Area Rejuvenation
Leverage (up to 15 points). Main Street
Area Leverage includes leverage used
for activities related to the Main Street
Area rejuvenation effort as a whole,
along with leverage that will be used
directly for allowable activities in the
development of the Main Street
affordable housing project.
(1) The applicant must provide
leverage funds/in-kind services that are
firmly committed to the Main Street
rejuvenation effort as a whole, including
leverage specifically committed to
development of the Main Street
affordable housing project. This
Leverage must demonstrate government
PO 00000
Frm 00016
Fmt 4701
Sfmt 4703
and private-sector community support
for the Main Street Area rejuvenation
effort.
(2) Match is NOT included in
Leverage. Match is a separate, statutorily
required contribution of funds. If a
resource is listed as match in the ‘‘HOPE
VI Main Street Application Data Sheet,’’
form HUD–52861, that is included in
the application, HUD will not count that
resource as Leverage.
(3) This Rating Factor measures the
community support that the Main Street
Area rejuvenation project has.
(4) Points are assigned based on the
following scale, as a percent of the
requested grant amount:
Leverage as percent of grant
amount
Less than 75 percent of the requested grant amount ...............
Greater than or equal to 75 percent but less than 150 percent
Greater than or equal to 150 percent but less than 225 percent
225 percent or more .....................
Points
awarded
0 points
5 points
10 points
15 points
e. Retention of Historic or Traditional
Architecture (up to 6 points).
(1) The applicant will receive 6 points
if the application demonstrates that the
buildings in the project will maintain all
of the historic or traditional architecture
and design features on all floors of the
buildings.
(2) The applicant will receive 3 points
if the application demonstrates that the
buildings in the project will retain some
of the historic or traditional architecture
and design features on some or all of the
floors of the buildings.
(3) The applicant will receive 0 points
if the application does not demonstrate
that the buildings in the project will
retain historic or traditional architecture
and design features.
f. Economic Opportunities for Lowand Very-Low-Income Persons
(Provision of Section 3) (up to 2 points).
(1) HOPE VI grantees must comply
with Section 3 of the Housing and
Urban Development Act of 1968 (12
U.S.C. 1701u) (Economic Opportunities
for Low- and Very-Low-Income Persons
in Connection with Assisted Projects)
and its implementing regulations at 24
CFR 135.32, ‘‘Responsibilities of the
recipient,’’ which can be found through
https://www.gpoaccess.gov/cfr/
index.html. One of the purposes of the
assistance is to give, to the greatest
extent feasible, and consistent with
existing Federal, State, and local laws
and regulations, job training,
employment, contracting, and other
economic opportunities to Section 3
residents and Section 3 business
concerns.
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
(2) The applicant will receive 2 points
if the application includes a feasible
plan to implement Section 3 that not
only meets the minimum requirements,
but also exceeds those requirements.
(3) The applicant will receive 0 points
if the application does not include a
feasible plan to implement Section 3
that not only meets the minimum
requirements, but also exceeds those
requirements.
g. Energy Star (up to 1 point).
(1) Promotion of Energy Star
compliance is a HOPE VI Main Street
program goal. See ‘‘Program
Requirements,’’ Section III.C of this
NOFA.
(2) You will receive 1 point if your
application demonstrates that you will:
(a) Use Energy Star-labeled products;
(b) Promote Energy Star design of
affordable units; and
(c) If your application includes the
development of homeownership units,
include Energy Star in required
homeownership counseling.
(3) You will receive 0 points if your
application does not demonstrate that
you will perform (a) and (b) above, and,
if applicable, (c) above.
4. Rating Factor 4-Program
Administration and Fiscal Management
(up to 15 points).
a. Program Schedule (up to 5 points).
(1) The applicant may receive a
maximum of 5 points if the applicant
demonstrates that the milestones in the
Program Schedule are realistic and
achievable; that is, that the application
demonstrates that the applicant has
performed the following actions and,
where applicable, has obtained
information that was used in developing
the Program Schedule:
(a) Contacted the State Historic
Preservation Officer, the local HUD
Field Office, architects, materials
suppliers, and other parties that
milestones depend upon, to ensure that
the milestones can reasonably be met;
(b) Checked to see if any litigation or
court orders exist that will affect the
milestones; and
(c) Prepared a chart that states the
estimated production milestones, their
relative time frames, and each
milestone’s time to completion, e.g., in
a Gantt Chart.
(2) The applicant may receive a
maximum of 3 points if the applicant
has performed two of the three actions
in (a) through (c) above and, where
applicable, has obtained information
that was used in developing the
Program Schedule.
(3) The applicant will receive 0 points
if the applicant has not performed at
least two of the three actions in (a)
through (c) above.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
b. Tracking and Reporting System for
Production Milestones (up to 2 points).
(1) The applicant will earn a
maximum of 2 points if the applicant
demonstrates that a tracking and
reporting system for key production
milestones has existed and has been in
use continuously for the Main Street
Area rejuvenation effort, and the
applicant demonstrates how the
tracking and reporting system will be
used to implement a grant awarded
through this NOFA.
(2) The applicant will earn a
maximum of 1 points if a tracking and
reporting system exists as of the
application deadline date (i.e., was
developed as a result of this NOFA), but
has not been used on the Main Street
Area rejuvenation effort, provided that
the applicant demonstrates how it will
be used to implement a grant awarded
through this NOFA.
(3) The applicant will receive 0 points
if:
(a) A tracking and reporting system
does not exist; or
(b) The applicant does not
demonstrate how one will be used to
implement a grant awarded through this
NOFA.
c. Development and Fiscal
Management (up to 8 points).
(1) Development and fiscal
management includes management of
the grant in general (administration and
reporting), the construction activities,
receipt of financial commitments,
accounting and distribution of grant
funds, and government procurement
activities.
(2) If the applicant demonstrates
management controls that are adequate
to manage a grant from this NOFA for
all of the above areas, the applicant will
receive 8 points.
(3) If the applicant demonstrates
management controls that are adequate
to manage a grant from this NOFA for
some of the above areas, the applicant
will receive 4 points.
(4) If the applicant does not
demonstrate management controls that
are adequate to manage a grant from this
NOFA, the applicant will receive 0
points.
5. Rating Factor 5—Incentive Criteria
on Regulatory Barrier Removal—(up to
2 points).
a. Description.
(1) HUD’s Notice, ‘‘America’s
Affordable Communities Initiative,
HUD’s Initiative on Removal of
Regulatory Barriers: Announcement of
Incentive Criteria on Barrier Removal in
HUD’s FY 2004 Competitive Funding
Allocations,’’ Federal Register Docket
Number FR–4882–N–03, published on
March 22, 2004, provides that most
PO 00000
Frm 00017
Fmt 4701
Sfmt 4703
35865
HUD competitive NOFAs will include
an incentive for local and State
governments to decrease their regulatory
barriers to the development of
affordable housing.
(2) Form HUD–27300 contains
questions that explore the applicant’s
efforts to decrease regulatory barriers.
b. Scoring.
(1) If the applicant is considered a
local unit of government with land use
and building regulatory authority, an
agency or department of a local unit of
government, a nonprofit organization, or
other qualified applicant applying for
funding for a project located in the
jurisdiction of the local unit of
government, the applicant is invited to
answer the 20 questions in Part A of
form HUD–27300. For those
applications in which regulatory
authority is split between jurisdictions
(e.g., county/parish and town), the
applicant should answer the question
for the jurisdiction that has regulatory
authority over the issue at question.
(a) If the applicant checked Column 2
for five to ten questions from Part A, the
applicant will receive 1 point in the
NOFA evaluation.
(b) If the applicant checked Column 2
for 11 or more questions from Part A,
the applicant will receive 2 points in the
NOFA evaluation.
(2) Part B of the form is for an
applicant that is a State government or
an agency or department of a State
government. State governments are not
eligible to apply for this NOFA and, as
such, Part B of the form is not
applicable.
(3) In no case will an applicant
receive more than two points for barrier
removal activities.
(4) To receive the points for this
policy priority, an applicant must
submit the documentation requested in
the questionnaire or provide a Web site
address (URL) where the documentation
can be readily found. See Section IV of
the General Section for documentation
requirements.
6. Bonus Points: RC/EZ/EC–II (up to
2 points).
a. RC/EZ/EC–IIs. This NOFA provides
for the award of two bonus points for
eligible activities/projects that the
applicant proposes to locate in federally
designated Empowerment Zones (EZs),
Renewal Communities (RCs), or
Enterprise Communities, designated by
the U.S. Department of Agriculture in
round II (EC–IIs), that are intended to
serve the residents of these areas, and
that are certified to be consistent with
the area’s strategic plan or RC Tax
Incentive Utilization Plan (TIUP). (For
ease of reference in this notice, all of the
federally designated areas are
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
35866
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
collectively referred to as ‘‘RC/EZ/EC–
IIs’’ and residents of any of these
federally designated areas as ‘‘RC/EZ/
EC–II residents.’’) This NOFA contains
a certification, ‘‘Certification of
Consistency with RC/EZ/EC Strategic
Plan’’ (form HUD–2990), that must be
completed for the applicant to be
considered for RC/EZ/EC–II bonus
points. A list of RC/EZ/EC–IIs can be
obtained from HUD’s Web page at
https://www.hud.gov/cr. Applicants can
determine if their program/project
activities are located in one of these
designated areas by using the locator on
HUD’s Web site at https://www.hud.gov/
crlocator.
B. Review and Selection Process.
1. HUD’s selection process is designed
to ensure that grants are awarded to
eligible local governments with the most
meritorious applications.
2. Application Screening.
a. HUD will screen each application
to determine if:
(1) It meets the threshold criteria
listed in Section III.C of this NOFA; and
(2) It is deficient, i.e., contains any
technical deficiencies.
b. Corrections to Deficient
Applications. The subsection entitled
‘‘Corrections to Deficient Applications’’
in Section V.B of the General Section
applies. Clarifications or corrections of
technical deficiencies in accordance
with the information provided by HUD
must be submitted within 14 calendar
days of the date of receipt of the HUD
notification.
c. Applications that will not be rated
or ranked.
(1) HUD will not rate or rank
applications that are deficient at the end
of a 14-calendar day cure period, as
described in Section V.B.2.b above and
the General Section.
(2) HUD will not rate or rank
applications that have not met the
thresholds described in Section III.C of
this NOFA. Such applications will not
be eligible for funding.
3. Preliminary Rating and Ranking.
a. Rating.
(1) HUD staff will preliminarily rate
each eligible application, SOLELY on
the basis of the Rating Factors described
in Section V.A of this NOFA.
(2) When rating applications, HUD
reviewers will not use any information
included in any application submitted
for another NOFA.
(3) HUD will assign a preliminary
score for each Rating Factor and a
preliminary total score for each eligible
application.
(4) The maximum number of points
for each application is 100, plus a
possible 2 RC/EZ/EC–II bonus points.
(5) Minimum Score. Applications that
do not have a preliminary score of at
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
least 50 points will not be eligible for
funding.
b. Ranking.
(1) After preliminary review,
applications with a minimum score of
50 or above will be ranked in score
order.
4. Final Panel Review.
a. A Final Review Panel made up of
HUD staff will:
(1) Review the Preliminary Rating and
Ranking documentation to:
(a) Ensure that any inconsistencies
between preliminary reviewers have
been identified and rectified; and
(b) Ensure that the Preliminary Rating
and Ranking documentation accurately
reflects the contents of the application.
(2) Assign a final score to each
application; and
(3) Recommend for selection the most
highly rated applications, subject to the
amount of available funding, described
in Section II of this NOFA.
5. HUD reserves the right to make
reductions in funding for any ineligible
items included in an applicant’s
proposed HOPE VI column of the
application’s Sources and Uses, or
HOPE VI budget.
6. In accordance with the FY 2007
HOPE VI appropriation, HUD may not
use HOPE VI funds, including HOPE VI
Main Street funds, to grant competitive
advantage in awards to settle litigation
or pay judgments.
7. Tie Scores. If two or more
applications have the same score and
there are insufficient funds to select all
of them, HUD will select for funding the
application(s) with the highest score for
the Capacity Rating Factor. If a tie
remains, HUD will select for funding the
application(s) with the highest score for
the Capacity Rating Factor. HUD will
select further tied applications with the
highest score for the Need Rating Factor.
8. Remaining Funds.
a. HUD reserves the right to reallocate
remaining funds from this NOFA to
other eligible activities under Section 24
of the Act.
(1) If the total amount of funds
requested by all applications found
eligible for funding under Section V.B of
this NOFA is less than the amount of
funds available from this NOFA, all
eligible applications will be funded and
those funds in excess of the total
requested amount will be considered
remaining funds.
(2) If the total amount of funds
requested by all applications found
eligible for funding under Section V.B of
this NOFA is greater than the amount of
funds available from this NOFA, eligible
applications will be funded until the
amount of non-awarded funds is less
than the amount required to fund
PO 00000
Frm 00018
Fmt 4701
Sfmt 4703
feasibly the next eligible application. In
this case, the funds that have not been
awarded will be considered remaining
funds.
9. The following subsections of
Section V of the General Section are
hereby incorporated by reference:
a. HUD’s Strategic Goals;
b. Policy Priorities;
c. Threshold Compliance;
d. Corrections to Deficient
Applications;
e. Rating; and
f. Ranking.
VI. Award Administration Information
A. Award Notices.
1. Initial Announcement. The HUD
Reform Act prohibits HUD from
notifying the applicant as to whether or
not the applicant has been selected to
receive a grant until HUD has
announced all grant recipients. If the
application has been found to be
ineligible or if it did not receive enough
points to be funded, the applicant will
not be notified until the successful
applicants have been notified. HUD will
provide written notification to all
eligible applicants, whether or not they
have been selected for funding.
2. Authorizing Document. The
‘‘Assistance Award/Amendment,’’ form
HUD–1044, signed by the Assistant
Secretary for Public and Indian Housing
(grants officer) is the authorizing
document. This executed form will be
delivered via the United States Postal
Service to the applicant’s authorized
signatory at the applicant’s address, as
stated on the form SF–424.
3. General Section References. Section
VI of the General Section is hereby
incorporated by reference.
B. Administrative and National Policy
Requirements.
1. Administrative Requirements.
a. Grant Agreement Execution. The
grantee must execute the Grant
Agreement within 90 days after HUD
mails the Grant Agreement to the
grantee.
b. Grant term. The time period for
completion shall not exceed 30 months
from the date the ‘‘Assistance Award/
Amendment,’’ form HUD–1044, is
executed by HUD.
c. Sub-Grants and Contracts. Grant
funds may be expended directly by the
applicant or they may be granted or
loaned by the applicant to a third-party
procured developer or Construction
Manager who is undertaking the
development of the Project.
d. Reasonable Time Frame. Grantees
must proceed within a reasonable time
frame to complete the following
milestone activities:
(1) Development Proposal. Grantees
must submit a development proposal for
E:\FR\FM\29JNN2.SGM
29JNN2
mstockstill on PROD1PC66 with NOTICES2
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
the project within 12 months after the
grant award date.
(a) Development proposals must
include the following documents and
information:
(i) Completed HUD Environmental
Review, including the State Historic
Preservation Officer approval, in
accordance with 24 CFR part 50;
(ii) Identification of parties to the
project development;
(iii) Activities and relationships of
parties, e.g., Party A will loan $50,000
to Party C via a hard loan with an
interest rate of 6 percent, with a 30-year
amortization and a 15-year term;
(iv) Financing, i.e., sources and uses
in the form HUD–52861 format;
(v) Unit description, i.e., unit number
and sizes;
(vi) Site locations, i.e., lot and block,
street address, or legal description;
(vii) Development construction cost
estimate; and
(viii) Certification that open
competition has been or will be used by
the grantee to select a development
partner and/or owner entity, if
applicable.
(2) First Construction Start. Grantees
must start housing unit construction
within 18 months after grant award
date.
(3) Last Construction Completion.
Grantees must complete construction on
a number and mix of units that accounts
for an amount of TDC equal to, or
greater than, the amount of the grant
(TDC Units), within 30 months from the
grant award date.
(4) In determining reasonableness of
such time frame, noted in the paragraph
above, HUD will take into consideration
those delays caused by factors beyond
the applicant’s control.
(5) In accordance with the threshold
requirement in Section III.C of this
NOFA and the threshold documentation
in Section IV.B of this NOFA, the above
time frames must be stated in a Program
Schedule that includes the following
milestones, at a minimum:
(a) Grant Award Date (assume 2
months after application deadline date);
(b) Grant Agreement Execution Date
(the Grant Agreement will be mailed to
the grantee within one month after
notice of award. The grantee will be
given a maximum of 90 days to execute
the Agreement);
(c) Development Plan Submission
Date;
(d) Date of closing of financing of the
first phase. If the applicant plans not to
have a financial closing, it must state so
in the Schedule;
(e) Date of the start of construction of
the first housing unit;
(f) Date of the completion of
construction of the last TDC Unit; and
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
(g) If the Main Street affordable
housing project is part of a larger
housing development, the date of
completion of construction of the last
housing unit.
e. Preliminary Environmental
Approval Only. HUD’s notification of
award to a selected applicant constitutes
a preliminary approval by HUD, subject
to the completion of an environmental
review of the proposed sites in
accordance with 24 CFR part 50. See
Section III.C of this NOFA for
information about environmental
requirements.
f. Flood Insurance. In accordance with
the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001–4128), the
application may not propose to provide
financial assistance for acquisition or
construction (including rehabilitation)
of properties located in an area
identified by the Federal Emergency
Management Agency (FEMA) as having
special flood hazards, unless:
(1) The community in which the area
is situated is participating in the
National Flood Insurance program (see
44 CFR parts 59 through 79), or less
than one year has passed since FEMA
notification regarding such hazards; and
(2) Where the community is
participating in the National Flood
Insurance Program, flood insurance is
obtained as a condition of execution of
a Grant Agreement.
g. Coastal Barrier Resources Act. In
accordance with the Coastal Barrier
Resources Act (16 U.S.C. 3501), the
application may not target properties in
the Coastal Barrier Resources System.
h. Information for Research and
Evaluation Studies. As a condition of
the receipt of financial assistance under
a HUD Program NOFA, all successful
applicants will be required to cooperate
with all HUD staff or contractors
performing HUD-funded research and
evaluation studies.
i. Final Audit. Grantees are required
to obtain a complete final closeout audit
of the grantee financial statements for
the grant funds. The audit must be
completed by a certified public
accountant (CPA) in accordance with
generally accepted government audit
standards, if the Grantee expends
$500,000 or more in a calendar or
program year. A written report of the
audit must be forwarded to HUD within
60 days of issuance. Grant recipients
must comply with the requirements of
24 CFR part 84 or 24 CFR part 85 as
stated in OMB Circulars A–110, A–87,
and A–122, as applicable.
2. National Policy Requirements.
a. See references to the General
Section in Section III of this NOFA.
C. Reporting.
PO 00000
Frm 00019
Fmt 4701
Sfmt 4703
35867
1. Quarterly Administrative and
Compliance Checkpoints Report
(Quarterly Report).
a. If the applicant is selected for
funding, the applicant must submit a
Main Street Quarterly Report to HUD.
The report will be completed on-line.
The Grantee will enter into the
Quarterly Progress Report:
(1) On a quarterly basis:
(a) Administrative and production
milestones, called ‘‘Checkpoints;’’
(b) Financial status, by Budget Line
Item as listed on form HUD–52825–A,
‘‘HOPE VI Budget,’’ including the grant
budget, amounts authorized by HUD for
expenditure, and amounts expended to
date; and
(c) A short status narrative.
(2) On an annual basis, the Total real
estate tax assessment for the census tract
that includes the Main Street Area.
b. HUD will provide training and
technical assistance on the filing and
submitting of Main Street Quarterly
Progress Reports.
c. Filing of Quarterly Progress Reports
is mandatory for all grantees, and failure
to do so within the required quarterly
time frame will result in suspension of
grant funds until the report is filed and
approved by HUD.
d. Grantees will be held to the
milestones that are reported in the
Quarterly Progress Report, as approved
by HUD.
2. LOCCS. On a quarterly basis,
grantees must report all obligations and
expenditures in HUD’s Line of Credit
Control System (LOCCS), or its
successor system.
3. Logic Model Reporting. The
grantee’s Logic Model will be based
upon the Logic Model included in the
application. Provided that the Logic
Model complies with the requirements
of this NOFA, the General Section, and
the Grant Agreement, HUD will approve
the Logic Model’s outputs and outcomes
at the time of approval of the
Development Proposal. Beginning after
HUD approval, at a minimum, the
grantee will be required to submit a
completed Logic Model showing
outputs and outcomes achieved
quarterly. See Logic Model reporting in
the General Section.
4. Final Report.
a. Within 30 days after the grantee
obtains the results of the Final Audit,
the grantee shall submit a final report.
The final report will include a financial
report, a narrative evaluating overall
performance against its HOPE VI Main
Street application and Main Street
Quarterly Progress Report, and a
completed Logic Model (form HUD–
96010), including responses to the
management questions. Grantees shall
E:\FR\FM\29JNN2.SGM
29JNN2
35868
Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Notices
use quantifiable data to measure
performance against goals and
objectives outlined in its application.
For FY2007, HUD is considering a new
concept for the Logic Model. The new
concept is a Return on Investment (ROI)
statement. HUD will be publishing a
separate notice on the Return on
Investment (ROI) concept. The financial
report shall contain a summary of all
expenditures made from the beginning
of the grant agreement to the end of the
grant agreement and shall include any
unexpended balances.
b. The final narrative, financial report,
and closeout documentation, as
required by HUD, and the Logic Model
shall be due to HUD 90 days after either
the full expenditure of funds, or when
the grant term expires, whichever comes
first.
c. Racial and Ethnic Data. HUD
requires that funded recipients collect
racial and ethnic beneficiary data. It has
adopted the OMB Standards for the
Collection of Racial and Ethnic Data. In
view of these requirements, you should
use form HUD–27061, Racial and Ethnic
Data Reporting Form (instructions for its
use), found on https://
www.HUDclips.org; a comparable
program form; or a comparable
electronic data system.
VII. Agency Contacts
mstockstill on PROD1PC66 with NOTICES2
A. Technical Corrections to the
NOFA.
1. Technical corrections to this NOFA
will be posted to the Grants.gov Web
site.
2. Any technical corrections will also
be published in the Federal Register.
3. The applicant is responsible for
monitoring Grants.gov and the Federal
Register during the application
preparation period. Applicants may sign
up for the Grants.gov notification
service. Applicants signed up for the
service will receive notification from
Grants.gov if HUD issues any
modifications to the NOFA, application
package, or application instructions.
VerDate Aug<31>2005
16:38 Jun 28, 2007
Jkt 211001
B. Technical Assistance. Before the
application deadline date, HUD staff
will be available to provide the
applicant with general guidance and
technical assistance on this NOFA.
However, HUD staff is not permitted to
assist in preparing the application. If the
applicant has a question or needs
clarification, the applicant may call
Lawrence Gnessin at (202) 402–2676,
may send an e-mail to
lawrence.gnessin@hud.gov, or may
contact Ms. Dominique Blom, Deputy
Assistant Secretary for Public Housing
Investments, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 4130, Washington,
DC 20410–5000; telephone (202) 401–
8812; fax (202) 401–2370 (these are not
toll-free numbers). Persons with hearing
and/or speech impairments may access
these telephone numbers via text
telephone (TTY) by calling the toll-free
Federal Information Relay Service at
(800) 877–8339. For technical support
about downloading an application,
registering with Grants.gov, and
submitting an application, please call
Grants.gov Customer Support at (800)
518-GRANTS (This is a toll-free
number) or e-mail Grants.gov at
support@grants.gov.
C. General Information. General
information about HUD’s HOPE VI
programs can be found on the Internet
at https://www.hud.gov/offices/pih/
programs/ph/hope6/. General
information specifically about HUD’s
HOPE VI Main Street program can be
found on the Internet at https://
www.hud.gov/offices/pih/programs/ph/
hope6/grants/mainstreet/.
VIII. Other Information
A. General Section References. The
following subsections of Section VIII of
the General Section are hereby
incorporated by reference:
1. Executive Order 13132, Federalism;
2. Public Access, Documentation, and
Disclosure;
PO 00000
Frm 00020
Fmt 4701
Sfmt 4703
3. Section 103 of the HUD Reform
Act; and
B. Environmental Impact. A ‘‘Finding
of No Significant Impact’’ (FONSI) with
respect to the environment has been
made for this notice in accordance with
HUD regulations at 24 CFR part 50 that
implement Section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332). The FONSI is
available for public inspection between
8 a.m. and 5 p.m. in the Office of the
General Counsel, Regulations Division,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410–
0500.
C. Paperwork Reduction Act
Statement. The information collection
requirements contained in this
document have been approved by the
Office of Management and Budget
(OMB), under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520) and
assigned OMB Control Number 2577–
0208. 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 68 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, quarterly
reports, and final report. The
information will be used for grantee
selection and monitoring the
administration of funds. Response to
this request for information is required
in order to receive the benefits to be
derived.
Dated: June 22, 2007.
Paula O. Blunt,
General Deputy Assistant Secretary for Public
and Indian Housing.
[FR Doc. E7–12583 Filed 6–28–07; 8:45 am]
BILLING CODE 4210–67–P
E:\FR\FM\29JNN2.SGM
29JNN2
Agencies
[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Notices]
[Pages 35850-35868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12583]
[[Page 35849]]
-----------------------------------------------------------------------
Part IV
Department of Housing and Urban Development
-----------------------------------------------------------------------
HOPE VI Main Street Grants; Notice
Federal Register / Vol. 72 , No. 125 / Friday, June 29, 2007 /
Notices
[[Page 35850]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5139-N-01]
HOPE VI Main Street Grants
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability.
-----------------------------------------------------------------------
Overview Information
A. Federal Agency Name. Department of Housing and Urban
Development, Office of Public and Indian Housing.
B. Funding Opportunity Title. HOPE VI Main Street Grants.
C. Announcement Type. Initial announcement.
D. Funding Opportunity Number. FR-5139-N-01; OMB approval number is
2577-0208.
E. Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA
number for this NOFA is 14.878, ``Affordable Housing Development in
Main Street Rejuvenation Projects.''
F. Dates.
1. Application Submission Date. The application deadline date is
August 29, 2007. Applications must be received and validated by
Grants.gov no later than 11:59:59 p.m. on the application deadline
date. Validation by Grants.gov may occur up to 72 hours after
electronic receipt of the application. See the General Section for
application submission and timely receipt requirements.
2. Estimated Grant Award Date. The estimated award date will be
September 24, 2007.
G. Electronic Application Submission. Applications for this NOFA
must be submitted electronically through https://www.grants.gov/
applicants/apply_for_grants.jsp. Registration or required annual re-
registration to submit an application electronically may take more than
a week because of the following: (1) The applicant's requirement to
register with the Central Contractor Registration (CCR), (2) the cross-
checking of applicant identification numbers between CCR and the
Internal Revenue Service (IRS), (3) applicant registration with the
Grants.gov Web site, and (4) the applicant's requirement to register
the official who will be submitting the application. HUD's Early
Registration Notice can be obtained through HUD's Web site at https://
www.hud.gov/ grants/.
See ``Other Submission Requirements'' in Section IV.F of this NOFA
and the General Section for detailed information about application
submission.
Full Text of Announcement
I. Funding Opportunity Description
A. Available Funds. This NOFA announces the availability of
approximately $1.4 million in Fiscal Year (FY) 2006 funds and $1.1
million in FY 2007 funds, an approximate total funds availability of
$2.5 million.
B. Purpose of the Program. The purpose of the HOPE VI Main Street
program is to provide grants to small communities to assist in the
rejuvenation of an historic or traditional central business district or
``Main Street'' area by replacing unused commercial space in buildings
with affordable housing units.
1. The objectives of the program are to:
a. Redevelop Main Street areas;
b. Preserve historic or traditional architecture or design features
in Main Street areas;
c. Enhance economic development efforts in Main Street areas; and
d. Provide affordable housing in Main Street areas.
C. Statutory Authority.
1. The program authority for the HOPE VI Main Street program is
Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v),
as amended by Section 535 of the Quality Housing and Work
Responsibility Act of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved
October 21, 1998), as amended; the HOPE VI Program Reauthorization and
Small Community Mainstreet Rejuvenation and Housing Act of 2003 (Pub.
L. 108-186, 117 Stat. 2685, approved December 16, 2003); and the
Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5,
approved February 15, 2007).
2. The funding authority for the HOPE VI Main Street program is
provided by the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Pub. L. 109-115, approved November 30, 2005),
under Revitalization of Severely Distressed Public Housing (HOPE VI)
and the Revised Continuing Appropriations Resolution, 2007 (Pub. L.
110-5, approved February 15, 2007).
3. The HOPE VI Program Reauthorization and Small Community
Mainstreet Rejuvenation and Housing Act of 2003 states that, of the
amount appropriated for the overall HOPE VI program for any fiscal
year, the Secretary shall provide up to 5 percent for use only for the
Main Street initiative. The statute amended Section 24(n) of the Act,
which now provides for grants to smaller communities, to provide
assistance to carry out eligible affordable housing activities.
D. Definition of Terms.
1. Affordable housing for this NOFA means rental or homeownership
dwelling units that, for INITIAL occupants:
a. Are made available to low-income families, with a subset of
units made available to very low-income families; and
b. Provide the same rules regarding occupant contribution toward
rent or purchase, and basic terms of rental or purchase, as are
provided to occupants of public housing units in a HOPE VI development.
Rights and responsibilities vary among HOPE VI developments. HOPE VI
public housing units use various mechanisms to set the resident portion
of rent, resident job training or employment requirements, resident
rights of return, and other occupancy issues. The Grantee, with HUD's
approval, determines how to implement these initial resident
safeguards. Strict application of public housing rules and regulations
is not required; e.g., the use of HUD forms and record-keeping
requirements for occupancy and income. Units developed, rehabilitated
or reconfigured through this NOFA are NOT and statutorily MUST NOT BE
public housing units.
2. Applicant Team (``Team'') means the group of entities that will
develop the Main Street affordable housing project (``project''). The
Team includes the unit of local government that submits the application
and, where applicable, the procured developer, the procured property
manager, architects (including architects who are knowledgeable about
universal design and Section 504 accessible design requirements),
construction contractors, attorneys, investment partners that comprise
an owner entity, and other parties that may be involved in the
development and management of the project.
3. Community and Supportive Services (``CSS'') means services
provided to residents of the project that may include, but are not
limited to:
a. Homeownership counseling that is scheduled to begin promptly
after grant award so that, to the maximum extent possible, qualified
residents will be ready to purchase new homeownership units when they
are completed;
b. Educational life skills, job readiness and retention, employment
training, and other activities as described on HUD's HOPE VI Web site
at https://www.hud.gov/offices/pih/programs/ph/hope6/css/; and
c. Coordination with fair housing groups to educate the Main Street
[[Page 35851]]
affordable housing project's targeted population on its fair housing
rights.
4. Firmly committed means that the amount of match or of Leverage
resources and their dedication to HOPE VI Main Street activities, must
be explicit, in writing, and signed by a person authorized to make the
commitment.
5. General Section means the Notice of HUD's Fiscal Year (FY) 2007
Notice of Funding Availability (NOFA); Policy Requirements and General
Section to the FY 2007 SuperNOFA for HUD's Discretionary Programs;
Notice, Docket No. FR-5100-N-01, published in the Federal Register on
January 18, 2007. The General Section can be obtained through HUD's Web
site at https://www.hud.gov/offices/adm/grants/fundsavail.cfm.
6. Homeownership unit means a housing unit that a local government
makes available through a grant from this NOFA for purchase by low-
income families for use as their principal residence.
7. Initial occupancy period means the period of time that a rental
unit is occupied by the initial low-income resident or the period of
time that a homeownership unit is owned by the initial third-party,
low-income purchaser. There is no set requirement for the length of
this occupancy period.
8. Jurisdiction means the physical area under the supervision of a
local government.
9. Leverage means non-HOPE VI-funded donations of cash and in-kind
services that are firmly committed to the rejuvenation of the Main
Street Area and are from non-HOPE VI sources.
a. Leverage may include funds/in-kind services that are already
expended, received but not expended, and firmly committed but not yet
received. See the definition of ``firmly committed'' in Section 4.,
above.
b. Types of resources that may be counted include:
(1) Private mortgage-secured loans, insured loans, and other debt;
(2) Housing trust funds;
(3) Net sales proceeds from a homeownership project that exceed the
amount of HOPE VI funds used to develop the homeownership unit;
(4) Tax Increment Financing (TIF);
(5) Proceeds from Low-Income Housing Tax Credits (LIHTC), Historic
Preservation Tax Credits, and Tax Exempt Bonds;
(6) Land Sale Proceeds. The value of land sale proceeds may be
included as leverage only if this value is a sales proceed. Absent a
sales transaction, the value of land will not be counted;
(7) Other Federal Funds. Other Federal sources may include non-
public housing funds provided by HUD;
(8) In-Kind Services, including donations of:
(9) Staff time of either the local government applicant or the
recognized developer entity;
(10) Property such as land (donations of land may be counted as
leverage only if the donating entity owns the land to be donated),
materials, supplies, a building, a lease on a building, and other
infrastructure;
(11) Services such as Homeownership Counseling, other CSS and
family self-sufficiency (FSS) resources, and time and services
contributed by volunteers.
(12) Leverage does NOT include, and HUD will not count, Wages
projected to be paid to residents through jobs that are provided
through Section 3, or by FSS/CSS partners.
10. Local government means any city, county/parish, town, township,
parish, village, or other general purpose political subdivision of a
State; Guam, the Northern Mariana Islands, the Virgin Islands, American
Samoa, the District of Columbia, and the Trust Territory of the Pacific
Islands, or a general purpose political subdivision thereof; or a
combination of such political subdivisions that is recognized by the
Secretary.
11. Low-income limits prescribed by HUD are stated on the internet
at https://www.huduser.org/datasets/il/il2007/select_Geography.odb.
Low-Income family means a family (resident) with an income equal to or
less than 80 percent of median income for the local area, adjusted for
family size, in accordance with Section 3(b)(2) of the United States
Housing Act of 1937, as amended. HUD may establish a level higher or
lower than 80 percent because of prevailing construction costs or
unusually high or low family incomes in the area. Local area is defined
as the nonmetropolitan county/parish or primary metropolitan
statistical area/metropolitan statistical area (PMSA/MSA) or county/
parish, as prescribed by HUD, in which the low-income family resides.
12. Main Street Area means an area determined and designated by the
applicant that fulfills the requirements stated in ``Program
Requirements,'' Section III.C of this NOFA, and:
a. Is within the jurisdiction of the applicant;
b. Has specific boundaries that are determined by the applicant;
c. Is or was:
(1) Traditionally the central business district and center for
socio-economic interaction;
(2) Characterized by a cohesive core of historic and/or older
commercial and mixed-use buildings, often interspersed with civic,
religious, and residential buildings, which represent the community's
architectural heritage;
d. Is the location of a downtown or ``Main Street'' rejuvenation
effort that:
(1) Has as its purpose the revitalization or redevelopment of the
historic or traditional commercial area;
(2) Involves investment, or other participation, by the applicant
local government and private entities in the community in which the
project is carried out; and
(3) Involves the development of affordable housing that is located
in the commercial area.
13. Main Street affordable housing project (``project'') means the
collection of affordable housing units that are developed in the Main
Street Area using funds obtained through this NOFA, and meet the
requirements as stated in ``Program Requirements,'' Section III.C of
this NOFA.
14. Match is cash or in-kind donations that will be expended on
allowable activities under the grant. The match must:
a. Total at least 5 percent of the requested HOPE VI Main Street
grant amount; and
b. Be from government or private-sector sources other than HOPE VI
funding, including Community Development Block Grant (CDBG) funds,
which by statute are considered local money.
15. Owner entity is the legal entity that holds title to the real
property that contains any affordable housing units developed through
this NOFA.
16. Person with disabilities means a person who:
a. Has a condition defined as a disability in Section 223 of the
Social Security Act;
b. Has a developmental disability as defined in Section 102 of the
Developmental Disabilities Assistance Bill of Rights Act; or
c. Is determined to have a physical, mental, or emotional
impairment that:
(1) Is expected to be of long-continued and indefinite duration;
(2) Substantially impedes his or her ability to live independently;
and
(3) Is of such a nature that such ability could be improved by more
suitable housing conditions.
d. The term ``person with disabilities'' may include persons who
have acquired immunodeficiency syndrome (AIDS) or any conditions
arising from the etiologic agent for AIDS. In addition, no individual
shall be considered a person with disabilities, for purposes of
[[Page 35852]]
eligibility for low-income housing, based solely on any drug or alcohol
dependence.
e. The definition provided above for persons with disabilities is
the proper definition for determining program qualifications. However,
the definition of a person with disabilities contained in Section 504
of the Rehabilitation Act of 1973 and its implementing regulations must
be used for purposes of reasonable accommodations.
17. Program means the HOPE VI Main Street Program.
18. Recognized developer means the local government applicant or a
legal entity that has an agreement with the local government applicant
to seek financing for, rehabilitation and/or construction of housing
units, and the provision of Community and Supportive Services (if
required), for a HOPE VI Main Street grantee.
a. For a non-complex development, the applicant may choose not to
use a developer and instead directly procure a design/build
construction contractor and accountant.
19. Site Control means the local government applicant, or its
developer, has the legal authority to commit the owner of the property
to the rehabilitation to be performed with HOPE VI Main Street grant
funds. Some examples of site control are:
a. The local government owns the property outright;
b. The private owner of the property and the applicant have signed
a developer agreement and the private owner is the developer;
c. The government- or private-owner has signed a developer
agreement with a separate developer and the agreement gives the
developer site control;
d. The applicant or developer has an option to purchase the
property that covers a time period sufficient to obtain grant funds for
purchase (at least 180 days after award), and is contingent only upon:
(1) Receipt of a grant from this NOFA; and (2) satisfactory compliance
with this NOFA's environmental review requirements;
e. An owner-entity partnership was formed between the applicant,
original owner, and, possibly, the developer and other interested
parties.
20. Unit of local government: See ``local government'' under this
section.
21. Very low-income family means a family (resident) with an income
equal to or less than 50 percent of median income for the local area,
adjusted for family size, in accordance with Section 3(b)(2) of the
United States Housing Act of 1937, as amended. HUD may establish a
level higher or lower than 50 percent because of prevailing
construction costs or unusually high or low family incomes in the area.
HUD-prescribed income limits are stated at https://www.huduser.org/
datasets/il/il2007/select_Geography.odb. Local area is defined as the
PMSA/MSA or nonmetropolitan county/parish, as prescribed by HUD, in
which the low-income family resides.
22. General Section reference. The subsection entitled ``Funding
Opportunity Description'' in Section I of the General Section is hereby
incorporated by reference.
II. Award Information
A. Available Funds. A total of approximately $1.4 million
appropriated for FY 2006 and $1.1 million appropriated for FY 2007,
totaling approximately $2.5 million, is available for funding under
this NOFA and must be obligated by September 30, 2007.
B. Number of Awards. This NOFA will result in approximately 3
awards.
C. Range of Amounts of Each Award. Each applicant may request up to
$1,000,000.
D. Start Date, Period of Performance. The term of the grants that
result from this NOFA will start on the date that the grant award
document is signed by HUD and will continue for 30 months thereafter.
E. Type of Instrument. Grant Agreement.
F. Supplementation. Grants resulting from this NOFA do not
supplement other HOPE VI grants.
III. Eligibility Information
A. Eligible Applicants. Eligible applicants include, and are
limited to, local governments, as defined in Section I.D of this NOFA
and Section 102 of the Housing and Community Development Act of 1974
(42 U.S.C. 5302). The local government must:
1. Have a population of 50,000 or less; and
2. Not be served by a local government, county/parish, or regional
or State public housing agency (PHA) that administers more than 100
public housing units within the local government's jurisdiction. Such
units exclude Section 8 Housing Voucher subsidized units and public
housing units in Mixed-Finance developments where the public housing
agency is not the General Partner in the for-profit ownership entity.
B. Cost Sharing or match.
1. Match. HUD is required by the Quality Housing and Work
Responsibility Act (42 U.S.C. 1437v(c)(1)(A)) to include the
requirement for matching funds for all HOPE VI-related grants.
Applicants must provide matching funds or in-kind services in the
amount of 5 percent of the requested grant amount from sources other
than HUD HOPE VI funds. Match sources may include other Federal
sources, CDBG funds (which are statutorily considered local funds), any
State or local government sources, any private contributions, the value
of any donated material or building, the value of any lease on a
building, the value of the time and services contributed by volunteers,
and the value of any other in-kind services provided. MATCH FUNDS MUST
BE USED ONLY FOR CARRYING OUT ELIGIBLE AFFORDABLE HOUSING ACTIVITIES
THAT RELATE TO THE MAIN STREET AFFORDABLE HOUSING PROJECT PRESENTED IN
THIS APPLICATION. The match may include funds that have already been
spent or funds that are for future use.
a. Match donations must be firmly committed to the Main Street
affordable housing project presented in the application. See the
definition of ``firmly committed'' in ``Definitions,'' Section I.D of
this NOFA.
b. The applicant may propose to use the applicant's own funds to
meet the match requirement, provided that the match funds do not
originate from HOPE VI funds.
c. See Section IV.B of this NOFA for the requirements for
documentation of match resources.
C. Other.
1. Eligible Uses of Grant Funds. Main Street grant funds may be
expended on the following activities:
a. New construction, reconfiguration, or rehabilitation of
affordable rental and homeownership housing located within the Main
Street Area. New construction and rehabilitation activities that are
intrinsic to the development of the affordable housing units may extend
to other portions of the Main Street affordable housing project; e.g.,
to the building envelope, to interior bearing walls of commercial space
located below the affordable housing units, and to systems installation
through commercial space located below or adjacent to the affordable
housing units.
b. Architectural and Engineering activities, surveys, permits, and
other planning and implementation costs related to the construction and
rehabilitation of the Main Street affordable housing project presented
in the application.
c. Tax credit syndication costs.
d. Funding of moving expenses for low-income residents displaced as
a result of construction or rehabilitation of the project, in
accordance with the
[[Page 35853]]
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) and Handbook CPD 02-08, ``Guidance on the Application
of the Uniform Relocation Assurance and Real Property Acquisition
Policies Act of 1970 (URA), as amended in HOPE VI Projects.''
e. Management improvements necessary for the proper development and
management of the Main Street affordable housing project presented in
the application, similar to and including, but not limited to:
(1) Staff training (including travel) related to affordable housing
development and management.
(2) Staff time and materials or contractor services to revise or
develop:
(a) Procedure manuals;
(b) Accounting systems, excluding accounting services;
(c) Lease documents;
(d) Resident screening procedures; and
(e) Data processing systems.
f. Leveraging non-HOPE VI funds and in-kind services. See the
definition of ``Leverage'' in Section I.D of this NOFA.
g. Community and Supportive Services. See Funding Restrictions in
Section IV.E of this NOFA.
(1) Only 15 percent of the grant amount may be used for Community
and Supportive Services. See ``Funding Restrictions,'' Section IV.E of
this NOFA, for non-allowable costs and activities.
2. Thresholds.
a. Match. Applicants must provide matching funds in the amount of 5
percent of the requested grant amount from sources other than HUD HOPE
VI funds. See ``Cost Sharing or match,'' Section III.B of this NOFA.
(1) In order to demonstrate that the applicant meets this
threshold, for each match resource, the application must include a
letter stating the match amount and that the match is firmly committed
to be used for activities related to the particular Main Street
affordable housing project presented in the application. Each match
resource must also be listed on page 12 of the ``HOPE VI Main Street
Application Data Sheet,'' form HUD-52861, (under the Excel Worksheet
Tab, ``matching and Housing Resources'') which will be a part of the
application. Columns on that page provide space to include the
following required information for each source: Resource organization
name, name and telephone number of a contact at the resource
organization, the amount of the resource organization's contribution,
and whether the contribution is in cash or in-kind services. All
columns, except the last, ``Leverage Period More than 2 Years,'' must
be filled in.
(2) If the applicant does not demonstrate that there will be
matching funds of at least 5 percent of the requested grant amount, the
application will not be eligible for funding through this NOFA.
b. Main Street Area. The applicant must have within its
jurisdiction a Main Street Area. See Section I.D of this NOFA for the
definition of a Main Street Area.
(1) In order to demonstrate that the applicant meets this
threshold, the application must contain the attachment ``Map of the
Main Street Area.'' The attached map must clearly show the applicant-
determined Main Street Area boundaries. Boundaries may be streets, rail
lines, rivers, or other man-made or natural bounds. No other
documentation is necessary.
(2) If the applicant's jurisdiction does not have a Main Street
Area, the application will not be eligible for funding through this
NOFA.
c. Main Street Affordable Housing Project (``Project''). The
targeted affordable housing project must conform to this NOFA's
requirements for a Main Street affordable housing project, as defined
in ``Program Requirements,'' Section III.C of this NOFA.
(1) By applying for a grant through this NOFA, the applicant
certifies that the Main Street affordable housing project meets the
Program Requirements. No other documentation is necessary to meet this
threshold.
(2) If the targeted affordable housing project does not conform to
this NOFA's requirements, the application will not be eligible for
funding through this NOFA.
d. One Main Street Area. Under this NOFA, the applicant must apply
for assistance only in support of one Main Street Area. That is, if the
local government's jurisdiction includes two neighborhoods, each with a
traditional commercial/social center, the application must contain only
one of those traditional commercial/social centers. However, the
applicant's Main Street affordable housing project may consist of
several scattered sites within that one Main Street Area. If the
applicant applies for assistance for more than one Main Street Area
through this NOFA, the application will not be eligible for funding
through this NOFA.
e. Code of Conduct.
(1) The applicant must have developed and must maintain a written
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). The applicant must
provide, or have provided, documentation that demonstrates that it has
a written code of conduct.
(2) The applicant must submit a copy of its code of conduct as part
of the application if its code of conduct is not already on file with
HUD. See 24 CFR 84.42 and 85.36(b)(3).
(3) Unless the applicant is listed on HUD's Web site at https://
www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and the
information has not been revised, the applicant is required to submit:
(a) A copy of its code of conduct;
(b) A description of the methods it will use to ensure that all
officers, employees, and agents of its organization are aware of its
code of conduct; and
(c) The following information, as it is stated on the SF-424:
(i) Dun and Bradstreet Data Universal Numbering System (DUNS)
number;
(ii) Employer Identification Number (EIN);
(iii) Applicant's Legal Name (Note: Applicants must enter their
legal name in box 8.a. of the SF-424 as it appears in the Central
Contractor Register (CCR). See the General Section regarding CCR
registration);
(iv) Address (Street, PO Box, City, State, and ZIP Code); and
(d) Authorized Official's information (Name, Title, Telephone
Number, and E-mail Address).
(4) The code of conduct must prohibit real and apparent conflicts
of interest that may arise among officers, employees, or agents;
prohibit the solicitation and acceptance of gifts or gratuities by the
organization's officers, employees, or agents for their personal
benefit in excess of minimal value; and outline administrative and
disciplinary actions available to remedy violations of such standards.
(5) See Section III.C of the General Section for more detailed
information and instructions if the applicant needs to submit its code
of conduct to HUD via facsimile.
(6) If the applicant does not provide a copy of the code of
conduct, and its implementation methodology in its application, or is
not listed by HUD as having already submitted such documentation, the
application will not be eligible for funding through this NOFA.
f. The following sub-sections of Section III of the General Section
are hereby incorporated by reference. The applicant must comply with
each of the incorporated threshold requirements in order to be eligible
for funding, including:
(1) Ineligible Applicants;
(2) DUNS Number Requirement;
[[Page 35854]]
(3) Compliance with Fair Housing and Civil Rights Laws;
(4) Conducting Business In Accordance with Core Values and Ethical
Standards;
(5) Delinquent Federal Debts;
(6) Pre-Award Accounting System Surveys;
(7) Name Check Review;
(8) False Statements;
(9) Prohibition Against Lobbying Activities; and
(10) Debarment and Suspension.
3. Certification of Certain Thresholds.
a. Certification by Application. The SF-424, ``Application for
Federal Assistance,'' is the cover sheet to the application. By
manually or electronically signing the SF-424, the applicant certifies
that the following thresholds have been met:
(1) The Main Street Area rejuvenation effort:
(a) Is carried out within the jurisdiction of the applicant;
(b) Involves the development of affordable housing that is located
in the commercial area that is the subject of the rejuvenation effort;
and
(c) Has as its purpose the revitalization or redevelopment of a
historic or traditional commercial area.
(2) A portion of the Main Street affordable housing project units
will be reserved for very low-income initial occupants.
(3) Historic preservation requirements in Section 106 of the
National Historic Preservation Act of 1966 (NHPA) will be fulfilled,
where applicable.
(4) Environmental requirements stated in the NOFA will be
fulfilled.
(5) Building standards stated in the NOFA will be fulfilled.
(6) Relocation requirements under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA) will be
fulfilled.
(7) Fair Housing, Civil Rights, and Section 3 requirements will be
followed and fulfilled.
4. Program Requirements.
a. Main Street Area Recognition by HUD. The applicant must have,
within the applicant's jurisdiction, a HUD-recognized Main Street Area
rejuvenation effort that involves affordable housing. In order to be
recognized by HUD, a Main Street Area rejuvenation effort must:
(1) Be located within a definable Main Street Area (See Section I.D
of this NOFA);
(2) Have as its purpose the rejuvenation or redevelopment of a
historic or traditional commercial area;
(3) Involve investment or other participation by BOTH the local
government and locally located private entities;
(4) Comply with historic preservation requirements as directed by
the cognizant State Historic Preservation Officer (SHPO) or, if such
historic preservation requirements are not applicable, to preserve
significant traditional, architectural, and design features in the
project structures or Main Street Area; and
(5) Include the development of the Main Street affordable housing
project that is proposed and described in the application for a grant
under this NOFA.
b. Main Street Affordable Housing Project (Project). The ``Main
Street affordable housing project'' is the collection of affordable
housing units that are rejuvenated or developed in the Main Street Area
using funds obtained through this NOFA and related match funds. The
project must:
(1) Involve the construction or rehabilitation of affordable
housing units. The number of units that will be developed through this
NOFA must at least equal the number of units stated in form HUD-52861,
``HOPE VI Main Street Application Data Sheet,'' on the ``Unit Mix and
Accessibility Summary, Post-Revitalization'' page;
(2) Be located within the boundaries of the applicant's Main Street
Area; and
(3) NOT replace demolished or otherwise disposed of public housing
units.
c. Program Schedule. The application requires a Program Schedule
for the applicant's Project. The Program Schedule must reflect the
Reasonable Time-Frame and Development Proposal time requirements stated
in Section VI.B of this NOFA.
d. Requirements During the Initial Occupancy Period.
(1) Initial residents of affordable rental units and initial
resident purchasers of affordable homeownership units must be subject
to the same rules regarding occupant contribution toward rental or
purchase, and basic terms of rental or purchase, as residents of HOPE
VI development public housing units. Site-based waiting lists, resident
job or training requirements, and other occupancy requirements that are
allowed under Section 24 of the U.S. Housing Act of 1937 (1937 Act) may
be applied to the units.
(2) The project owner entity is not required to develop and
maintain mandatory PHA documentation; e.g., the PHA Plans as described
in 24 CFR part 903, etc. However, before the project is initially
rented, the ownership entity must determine, develop, and obtain HUD
approval of a written statement of its rent determination and occupancy
policies.
(3) Public housing, HUD HOME, or Low-Income Housing Tax Credit
rental requirements are not mandatory under the Main Street program,
but may be used as examples for such policies. Such examples are
located at 24 CFR 903.7(d) and 24 CFR 903.7(f). If other government
programs are used in connection with the applicant's Main Street grant
activities, such requirements apply to the extent required by the other
programs.
e. Main Street Homeownership. The initial sale of an affordable
homeownership unit to a third-party, low-income purchaser must take
place in accordance with Section 24 of the 1937 Act. Providing
homeownership counseling to residents is mandatory if the application
includes development of homeownership units.
f. Use Restrictions. PROJECT UNITS MUST BE MAINTAINED AS AFFORDABLE
HOUSING ONLY FOR THE PERIOD OF INITIAL RENTAL OCCUPANCY OR THE INITIAL
RESIDENT'S OWNERSHIP. The applicant may elect to apply use restrictions
for a longer period, or in excess, of this requirement.
g. Leveraging Other Resources.
(1) The Main Street Area rejuvenation effort must have community
support from government and the private sector. Leverage, or the
contribution of funds or in-kind services from sources other than a
grant that results from this NOFA, demonstrates this support. See
``Leverage'' in ``Definitions,'' Section I.D of this NOFA. To measure
the amount of support that the Main Street Area rejuvenation effort
has, this NOFA includes a Leverage rating factor. See Rating Factor
3(c) in Section V.A.3 of this NOFA.
(2) Unlike grant and match funds from this NOFA, Leverage is not
limited to the funding of affordable housing development. Leverage can
include contributions that have been made to, or are firmly committed
to, the Main Street Area rejuvenation effort as a whole. It can include
past or future funding for other affordable housing, retail supportive
services, jobs, and other economic development that is part of the Main
Street Area rejuvenation effort. Other examples of uses for Leverage
funds include, but are not limited to:
(a) The acquisition of existing housing units that will become
affordable housing, but do not require rehabilitation, including
associated costs, such as appraisals, surveys, tax settlements, broker
fees, and other closing costs;
(b) Off-site site improvements that are contiguous to the site;
(c) Demolition;
[[Page 35855]]
(d) Restoration of the Main Street affordable housing project
facade when facade rehabilitation is not an integral part of the
project's rehabilitation;
(e) Rehabilitation of retail space in the Main Street affordable
housing project, even if this rehabilitation is not an integral part of
the rehabilitation of the rental areas of the project;
(f) Rehabilitation of retail space elsewhere in the Main Street
Area;
(g) Funding of Reserves; e.g., the Initial Operating Reserve
necessary for financial viability during the initial affordable housing
occupancy period, Replacement Reserves, etc.;
(h) Homeownership financial assistance, e.g., write-down of
homeownership unit development costs and downpayment assistance;
(i) Other uses that relate directly to the Main Street affordable
housing project;
(j) Site improvements, e.g., repaving streets or upgrading streets
or sidewalks with brick or cobblestone, adding ``boulevard'' islands,
etc.;
(k) Legal and administrative fees and costs; and
(l) Other uses that do not relate directly to the Main Street
affordable housing project, but do relate to the Main Street Area
rejuvenation effort.
h. Transfer of Title for Tax Credits. The original owner entity of
Main Street affordable housing project properties may transfer title
to, or commit to a long-term lease with, an owner entity partnership
that includes the original owner, the applicant, an equity partner and,
when appropriate, other partners, for the purpose of obtaining Low-
Income or Historic Tax Credit equity as a leverage resource. Such a
transfer, excluding legal fees, is an allowable grant activity. See
Section IV.E of this NOFA for limits on the sale of real property.
i. Section 106 Historic Preservation Requirements. Grantees may not
commit HUD funds until HUD has completed the historic preservation
review and consultation process under Section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. 470f) and its implementing
regulation, 36 CFR part 800, as applicable, in accordance with
environmental review requirements under 24 CFR part 50. See https://
www.achp.gov/ for details on the Section 106 review process.
j. Environmental Requirements.
(1) HUD's notification of award to a selected applicant constitutes
a preliminary approval by HUD, subject to HUD's completion of an
environmental review of proposed sites in accordance with 24 CFR part
50. Selection for participation (preliminary approval) does not
constitute approval of the proposed site(s).
(2) Your application constitutes a certification that you, the
applicant, will supply HUD with all available, relevant information
necessary for HUD to perform any environmental review required by 24
CFR part 50 for each property; will carry out mitigating measures
required by HUD or, if mitigation is not feasible, select alternate
eligible property; and will not acquire, rehabilitate, convert,
demolish, lease, repair, or construct property, nor commit or expend
HOPE VI, other HUD or other non-HUD funds, for these program activities
with respect to any eligible property, until you receive written HUD
approval of the property.
(3) Each proposal will be subject to a HUD environmental review, in
accordance with 24 CFR part 50, and the proposal may be modified or the
proposed sites rejected as a result of that review.
(4) Phase I and Phase II Environmental Site Assessments. If you are
selected for funding, you must have a Phase I environmental site
assessment completed in accordance with the ASTM Standards E 1527-05,
as amended (see https://www.astm.org). The results of the Phase I
assessment must be included in the documents that must be provided to
HUD for the environmental review. If the Phase I assessment recognizes
environmental concerns or if the results are inconclusive, a Phase II
environmental site assessment will be required.
(5) Mitigating and remedial measures. You must carry out any
mitigating/remedial measures required by HUD. If a remediation plan,
where required, is not approved by HUD and a fully funded contract with
a qualified contractor licensed to perform the required type of
remediation is not executed, HUD reserves the right to determine that
the grant is in default.
(6) Your application constitutes a certification that there are not
any environmental or public policy factors, such as sewer moratoriums,
that would preclude development in the requested Main Street Area.
(7) Note that environmental requirements for this NOFA are found in
24 CFR part 50, which requires HUD environmental approval. Please note
that 24 CFR part 58, which allows State and local governments to assume
Federal environmental responsibilities, is not applicable.
(8) HUD's environmental Web site is located at https://www.hud.gov/
offices/cpd/environment/index.cfm.
k. Building Standards.
(1) Building Codes. All activities that include construction,
rehabilitation, lead-based paint removal, and related activities must
meet or exceed local building codes. The applicant is encouraged to
read the policy statement and Final Report of the HUD Review of Model
Building Codes that identify the variances between the design and
construction requirements of the Fair Housing Act and several model
building codes. That report can be found on the HUD Web site at https://
www.hud.gov/offices/fheo/disabilities/modelcodes/.
(2) Deconstruction. HUD encourages the applicant to design programs
that incorporate sustainable construction and demolition practices,
such as the dismantling or ``deconstruction'' of housing units,
recycling of demolition debris, and reusing of salvage materials in new
construction. ``A Guide to Deconstruction'' can be found at https://
www.huduser.org/publications/destech/decon.html.
(3) Partnership for Advancing Technology in Housing (PATH). HUD
encourages the applicant to use PATH technologies in the construction
and delivery of affordable housing. PATH is a voluntary initiative that
seeks to accelerate the creation and widespread use of advanced
technologies to improve radically the quality, durability,
environmental performance, energy efficiency, and affordability of our
nation's housing.
(a) The goal of PATH is to achieve dramatic improvement in the
quality of U.S. housing by the year 2010. PATH encourages leaders from
the home building, product manufacturing, insurance, and financial
industries and representatives from Federal agencies dealing with
housing issues to work together to spur housing design and construction
innovations. PATH will provide technical support in design and cost
analysis of advanced technologies to be incorporated in project
construction.
(b) Applicants are encouraged to employ PATH technologies to exceed
prevailing national building practices by:
(i) Reducing costs;
(ii) Improving durability;
(iii) Increasing energy efficiency;
(iv) Improving disaster resistance; and
(v) Reducing environmental impact.
(c) More information, including a list of technologies, the latest
PATH Newsletter, results from field demonstrations, and descriptions of
PATH projects can be found at https://www.pathnet.org.
(4) Energy Efficiency.
(a) New construction and rehabilitation must comply with the
[[Page 35856]]
2003 International Energy Conservation Code (IECC 2003), which
incorporates American Society of Heating, Refrigeration and Air
Conditioning Engineers (ASHRAE) 90.1 2001 by reference for high-rise
multifamily housing.
(i) IECC 2003 Administrative Guidance. IECC 2003 applies to all
construction and rehabilitation of residential and commercial property.
The standard contains exceptions that allow for its reasonable
application to Main Street NOFA activities.
(A) IECC 2003 Section ``101.2.2.3 Historic buildings. The
provisions of this code * * * shall not be mandatory for existing
buildings or structures specifically identified and classified as
historically significant by the State or local jurisdiction, listed in
The National Register of Historic Places, or which have been determined
to be eligible for such listing.''
(B) IECC 2003 Section ``101.2.3 Mixed occupancy. [For mixed-use
buildings,] * * * each portion of the building shall conform to the
requirements for the occupancy housed therein. Buildings [with more
than two housing units] with a height of four or more stories above
grade shall be considered commercial buildings * * * regardless of the
number of floors that are classified as residential.'' That is, if
there is a store in the building, that part of the building is
considered commercial. The rest of the building would incorporate low-
rise residential requirements.
(C) IECC 2003 Section ``101.2.2.2 Additions, alterations or
repairs. Additions [and rehabilitation of a building or portion of a
building] * * * shall conform to the provisions of this code * * *
without requiring the unaltered portions(s) of the existing system to
comply with all of the requirements of this code. Additions [or
rehabilitation] shall not cause any one of the aforementioned and
existing systems to become unsafe, hazardous or overloaded.''
(b) Where local or State energy-related building codes exceed the
above standards, new construction and rehabilitation must comply with
those local or State standards.
(c) The applicant must use new technologies that will conserve
energy and decrease operating costs, where cost effective. Examples of
such technologies include:
(i) Geothermal heating and cooling;
(ii) Placement of buildings and size of eaves that take advantage
of the directions of the sun throughout the year;
(iii) Photovoltaics (technologies that convert light into
electrical power);
(iv) Extra insulation;
(v) Smart windows;
(vi) Energy Star appliances; and
(vii) Combined heat and power (cogeneration).
(5) Universal Design. HUD encourages the applicant to incorporate
the principles of universal design in the construction or
rehabilitation of housing, retail establishments, and community
facilities, and when communicating with community residents at public
meetings or events. Universal Design is the design of products and
environments to be usable by all people, to the greatest extent
possible, without the need for adaptation or specialized design. The
intent of Universal Design is to simplify life for everyone by making
products, communications, and the built environment more usable by as
many people as possible at little or no extra cost. Universal Design
benefits people of all ages and abilities. Examples include designing
wider doorways, installing levers instead of doorknobs, and putting
bathtub/shower grab bars in all units. Computers and telephones can
also be set up in ways that enable as many residents as possible to use
them. The Department has a publication that contains a number of ideas
about how the principles of Universal Design can benefit persons with
disabilities. To order a copy of ``Strategies for Providing
Accessibility and Visitability for HOPE VI and Mixed Finance
Homeownership,'' go to the publications and resource page of the HOPE
VI Web site at https://www.huduser.org/publications/pubasst/
strategies.html.
(6) Energy Star. HUD has adopted a wide-ranging energy action plan
for improving energy efficiency in all program areas. As a first step
in implementing the energy plan, HUD, the Environmental Protection
Agency (EPA), and the Department of Energy have signed a partnership to
promote energy efficiency in HUD's affordable housing efforts and
programs. The purpose of the Energy Star partnership is to promote
energy efficiency of the affordable housing stock, but also to help
protect the environment. Applicants constructing, rehabilitating, or
maintaining housing or community facilities are encouraged to promote
energy efficiency in design and operations. They are urged especially
to build to Energy Star qualifications and to purchase and use Energy
Star-labeled products. Applicants providing housing assistance or
counseling services are encouraged to promote Energy Star building to
homebuyers and renters. Program activities can include developing
Energy Star promotional and informational materials, outreach to low-
and moderate-income renters and buyers on the benefits and savings when
using Energy Star products and appliances, and promoting the
designation of community buildings and homes as Energy Star compliant.
For further information about Energy Star, see https://
www.energystar.gov or call (888) STAR-YES ((888) 782-7937) or, for the
hearing-impaired, (888) 588-9920 (TTY).
l. Lead-Based Paint. The applicant must comply with lead-based
paint evaluation and reduction requirements as provided for under the
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.),
the EPA's Pre-Renovation Education Rule (40 CFR 745, subpart E), HUD's
Lead Safe Housing Rule (24 CFR 35, subparts B-R), and the Lead
Disclosure Rule (24 CFR 35, subpart A), which addresses documents
provided to pre-1978 housing owners regarding lead paint or hazard
testing or lead hazard reduction activities, as they may be amended or
revised from time to time. The applicant will be responsible for lead-
based paint evaluation and reduction activities for housing constructed
prior to 1978. The National Lead Information Hotline is (800) 424-5323.
m. Labor Standards. Davis-Bacon wage rates do NOT apply to grants
from this NOFA, with the following exceptions:
(1) If other Federal programs are used in connection with the
applicant's HOPE VI Main Street activities, Davis-Bacon requirements
apply to the extent required by the other Federal programs.
(2) If any grant funds from an award through this NOFA are expended
by a PHA, acting as a developer, partnering with a developer, or as a
partner in an ownership entity partnership, Davis-Bacon wage rates will
apply to laborers and mechanics (other than volunteers under 24 CFR
part 70) employed in development of all housing units, and HUD-
determined wage rates will apply to laborers and mechanics (other than
volunteers) employed in the operation of all housing units, regardless
of whether such units are public housing or non-public housing.
n. Relocation Requirements. The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1979 (42 U.S.C. 4601-4655),
implementing regulations at 49 CFR part 24, and ``Handbook CPD 02-08,
Guidance on the Application of the Uniform Relocation Assurance and
Real Property Acquisition Policies Act of 1970 (URA), as amended in
HOPE VI Projects'' apply to anyone who is displaced as a result of
acquisition,
[[Page 35857]]
rehabilitation, or demolition due to a HUD-assisted activity.
o. Fair Housing and Equal Opportunity Requirements. Fair Housing
and Equal Opportunity requirements stated in Section III.C of the
General Section apply as referenced in this NOFA. In addition, the
following requirement applies:
(1) Accessibility Requirements.
(a) All ``multifamily'' HOPE VI developments, defined as projects
with more than five units, are subject to the accessibility
requirements contained in several Federal laws, as implemented in 24
CFR part 8. PIH Notice 2003-31, available at https://www.hud.gov/
offices/pih/publications/notices/ and subsequent updates, provide an
overview of all pertinent laws and implementing regulations pertaining
to HOPE VI.
(b) Generally, for substantial rehabilitation of projects with more
than 15 housing units, or new construction of a multifamily project, at
least 5 percent of the units, or one unit, whichever is greater, must
be accessible to persons with mobility impairments. An additional 2
percent, but not less than one unit, must be made accessible for
persons with hearing or vision impairment. See, in particular, 24 CFR
parts 8.20 through 8.32.
(c) In addition, under the Fair Housing Act, all new construction
of covered multifamily buildings must contain certain features of
accessible and adaptable design. The relevant accessibility
requirements are provided on HUD's FHEO Web site at https://www.hud.gov
/groups/fairhousing.cfm. Units covered are all those in elevator
buildings with four or more units and all ground floor units in
buildings without elevators. See also ``program accessibility'' at
https://www.hud.gov/offices/fheo/disabilities/
sect504faq.cfm#anchor263905. This section is in addition to, and does
not replace, other non-HUD accessibility requirements to which the
applicant local government may be subject.
p. Procurement. City governments are required to follow the
procurement regulations at 24 CFR 85.36. State and local procurement
requirements apply to the extent required by those governments.
5. General Section References. The following subsections of Section
III of the General Section are hereby incorporated by reference:
a. Additional Nondiscrimination and Other Requirements;
(1) Civil Rights Laws, including the Americans with Disabilities
Act of 1990 (42 U.S.C. 1201 et seq.);
(2) The Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.);
and
(3) Title IX of the Education Amendments Act of 1972 (20 U.S.C.
1681 et seq.)
b. Affirmatively Furthering Fair Housing;
c. Economic Opportunities for Low- and Very Low-Income Persons
(Section 3);
d. Ensuring the Participation of Small Businesses, Small
Disadvantaged Businesses, and Women-Owned Businesses;
e. Relocation;
f. Executive Order 13166, Improving Access to Services for Persons
With Limited English Proficiency (LEP);
g. Executive Order 13279, Equal Protection of the Laws for Faith-
Based and Community Organizations;
h. Accessible Technology;
i. Procurement of Recovered Materials;
j. Participation in HUD-Sponsored Program Evaluation;
k. Executive Order 13202, Preservation of Open Competition and
Government Neutrality Towards Government Contractors' Labor Relations
on Federal and Federally Funded Construction Projects;
l. Salary Limitation for Consultants;
m. OMB Circulars and Government-wide Regulations Applicable to
Financial Assistance Programs;
n. Environmental Requirements;
o. Conflict of Interest;
p. Drug-Free Workplace; and
q. Safeguarding Resident/Client Files.
IV. Application and Submission Information
A. Addresses to Request Application Package. This section describes
how you may obtain application forms, additional information about the
General Section of this NOFA, and technical assistance.
1. Copies of this published NOFA and related application forms may
be downloaded from the Grants.gov Web site at https://www.grants.gov/
applicants/apply_for_grants.jsp. If you have difficulty accessing the
information, you may receive customer support from Grants.gov by
calling the help line at (800) 518-GRANTS ((800) 518-4726) or by
sending an e-mail to support@grants.gov. The operators will assist you
in accessing the information. If you do not have Internet access and
need to obtain a copy of this NOFA, you can contact HUD's NOFA
Information Center toll-free at (800) HUD-8929. Persons with hearing or
speech impairments may call the Federal Information Relay Service at
(800) 877-8339.
2. The published Federal Register document is the official document
that HUD uses to evaluate applications. Therefore, if there is a
discrepancy between any materials published by HUD in its Federal
Register publications and other information provided in paper copy,
electronic copy, or at https://www.grants.gov, the Federal Register
publication prevails. Please be sure to review the application
submission against the requirements in this NOFA.
B. Content and Form of Application Submission.
1. Number of Applications Permitted. Each applicant may submit only
one application.
2. Joint Applications. Joint applications are not permitted.
However, the applicant may enter into subgrant agreements with procured
developers, other partners, nonprofit organizations, State governments,
or other local governments to perform the activities proposed under the
application.
3. General Format and Length of Application.
a. Applicant Name. The applicant's official name is the name that
is submitted to Grants.gov on the form SF-424. (Note: Applicants must
enter their legal name in box 8.a. of the SF-424 as it appears in the
Central Contractor Register (CCR). See the General Section regarding
CCR registration).
b. Electronic Format.
(1) General.
(a) Sections of the application are as listed below.
(b) In accordance with the General Section, applications are to be
submitted electronically via https://www.grants.gov/applicants/apply_
for_grants.jsp. See the General Section for additional instructions.
(2) File Names.
(a) The name of each submission file should include the information
below so that a HUD reviewer will be able to identify it as part of the
application:
(i) Short version of applicant's name, e.g., town, city, county/
parish, etc., and State; and
(ii) The word ``Narrative'' or ``Attachment,'' as applicable, and
the Section letter(s) (A through U) that are included in the file, as
listed below.
(b) Examples of file names are ``AtlantaGANarrative SectionD--
ABC.doc'' and ``NewYorkNYAttachment SectionM--KL.pdf.'' Do not include
spaces in the file names. Replace spaces with underscore marks.
(3) Summary and Rating Factor Narrative Files.
(a) In the Application Package, the form SF-424, ``Application for
Federal
[[Page 35858]]
Assistance,'' should be completed first. Other Exhibits are part of the
Application Instructions that you will download from Grants.gov, which
are described in Sections IV.B.5 through 6 and in the ``Rating
Factors,'' Section V.A of this NOFA. The following instructions apply
to those Narrative Exhibits.
(b) Each narrative submission file must be formatted so it can be
read by MS Word (version 9 or earlier).
(c) Each Narrative Exhibit, for each section of the application,
should be contained in a separate file, as listed in Section IV.A.3.d
of this NOFA, directly below.
(d) Narrative Exhibit Title Pages. HUD will use title pages to
identify each section of the application. Each Narrative Exhibit file
should contain one title page (the first page of the file. Do not
create title pages separately from the documents they go with).
Provided the information on the title page is limited to the list in
section (i) below, the title pages will not be counted when HUD
determines the length of each Narrative Exhibit, or the overall length
of the Narrative Exhibits.
(i) Each title page should contain only:
(A) The name of the Narrative Exhibit, as described in ``File
Names,'' Section IV.B.3.b.(2), above, e.g., ``Narrative Exhibit B:
Executive Summary'';
(B) The name of the applicant; and
(C) The name of the file that contains the Narrative Exhibit.
(4) Entering Narrative Files into the Application.
(a) Each narrative submission file must be formatted so it can be
read by MS Word (version 9 or earlier).
(b) To be included in the application, each file must be entered
into the Grants.gov ``Project Narrative Attachment Form'' located in
the Mandatory Documents area of the ``Grant Application Package.''
(i) After the form is open, enter your first file as the
``Mandatory Project Narrative File.'' Add subsequent files, if any, as
``Optional Project Narrative Files'' by clicking on ``Attach'' in the
Attachments window.
(5) Attachment Files.
(a) In the Grants.gov Grant Application Package, certain form
Attachments have been converted into documents for completion by the
applicant on the screen. The applicant must simply fill these forms in
and submit them. Other Attachments are part of Grants.gov Application
Instructions and are defined in this Section IV of this NOFA. The
following instructions apply to those Attachments.
(b) Each Attachment file must be formatted so it can be read by MS
Word (.doc), MS Excel (.xls) or Adobe Acrobat (.pdf). See the General
Section for format version specifications.
(c) Downloaded files, e.g., forms HUD-52861 and HUD-52825A, should
be submitted in their original format.
(d) Existing and third-party documents, e.g., Main Street Plan,
maps, and drawings, should be submitted in Adobe Acrobat (.pdf) format,
or faxed using the HUD Facsimile Transmittal (HUD-96011) form.
(e) You must complete these Attachments in stand-alone computer
applications, such as MS Excel. To include these downloaded Attachments
in the application, you must enter each Attachment's file into the
Grants.gov ``Other Attachments Form,'' which is located in the
Mandatory Documents area of the Grant Application Package.
(i) After the form is open, enter your first file as the
``Mandatory Other Attachment.'' Add subsequent files, if any, as
``Optional Other Attachments'' by clicking on ``Attach'' in the
Attachments window.
c. Maximum Length of Application.
(1) There is no overall maximum application length. However, there
are maximum page limits for specific parts of the application. Pages
beyond the below listed limits will not be reviewed. Page limits are as
follows:
(a) All of the Narrative Sections' responses together, including
the Rating Factor responses, are limited to a maximum of 20 pages;
(b) The Program Schedule is limited to a maximum of one page;
(c) The Main Street Area Map, including identification of all
project sites, is limited to a maximum of one page. The map may be
hand-drawn, but must be approximately to scale and must be of
sufficient quality to be legible at 11 x 17
printed size. Computer-Aided Design software is not necessary;
(d) The representative affordable housing unit layout is limited to
a maximum of one page; and
(e) Applicant Team Resumes are limited to a maximum of five pages.
More than one resume may be placed on each page.
(2) Page Definition and Layout.
(a) A page is the electronic equivalent of an 8\1/2\ x
11 paper page, with one-inch top, bottom, left, and right
margins.
(b) For .doc files, a ``page'' contains a maximum of 23 double-
spaced lines. The length of each line is limited to 6\1/2\ inches. The
font must be 12-point Times New Roman. Each page must be numbered. The
page numbers may be within the bottom one inch of the page, e.g., in
the footer area.
(c) Third-party and existing documents converted into PDF format
may retain their original page layout. They must not be shrunk to fit
more than one original page on each application page. To add page
numbers to PDF files using Adobe Acrobat 6, click on Document; Add
Headers & Footers; Footer; Align Right; and Insert Page Number. Page
numbers may also be added manually.
(d) Pages of HUD forms and certification formats furnished by HUD
must remain as numbered by HUD. These forms do not count toward any
page limits.
d. List of Application Sections and Related Documents.
(1) Summary Information:
(a) Section A: Application for Federal Assistance, form SF-424;
(b) Section B: Executive Summary;
(2) Rating Factor Responses:
(a) Section C: Rating Factor 1, Capacity, Narrativ