Notice of Funding Availability (NOFA) for the Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2008, 13203-13207 [E8-4949]
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before the closing deadline date and
time. Acceptance by the United States
Postal Service or private mailer does not
constitute delivery. Facsimile (FAX) and
postage due applications will not be
accepted.
[FR Doc. E8–4952 Filed 3–11–08; 8:45 am]
BILLING CODE 3410–XV–C
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA)
for the Section 515 Rural Rental
Housing Program for New
Construction in Fiscal Year 2008
Rural Housing Service (RHS),
USDA.
ACTION: Notice.
AGENCY:
SUMMARY: This NOFA announces the
timeframe to submit applications for
Section 515 Rural Rental Housing (RRH)
loan funds, including applications for
the nonprofit set-aside for eligible
nonprofit entities, the set-aside for the
most Underserved Counties and
Colonias (Cranston-Gonzalez National
Affordable Housing Act), and the setaside for Empowerment Zones and
Enterprise Communities (EZ/ECs) and
Rural Economic Area Partnership
(REAP) zones, and a designated reserve
for states with rental assistance
programs. This document describes the
methodology that will be used to
distribute funds, the application
process, submission requirements, and
areas of special emphasis or
consideration.
The deadline for receipt of all
applications in response to this NOFA
is 5 p.m., local time for each USDA
Rural Development State Office on May
12, 2008. The application closing
deadline is firm as to date and hour. The
Agency will not consider any
application that is received after the
closing deadline. Applicants intending
to mail applications must provide
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DATES:
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Applicants wishing to apply
for assistance must contact the USDA
Rural Development State Office serving
the place in which they desire to submit
an application for rural rental housing
to receive further information and
copies of the application package.
USDA Rural Development will date and
time stamp incoming applications to
evidence timely receipt, and, upon
request, will provide the applicant with
a written acknowledgment of receipt. A
listing of USDA Rural Development
State Offices, their addresses, telephone
numbers, and person to contact follows:
ADDRESSES:
Note: Telephone numbers listed are not
toll-free.
Alabama State Office
Suite 601, Sterling Centre, 4121
Carmichael Road, Montgomery, AL
36106–3683, (334) 279–3618, TDD (334)
279–3495, Van McCloud.
Alaska State Office
800 West Evergreen, Suite 201, Palmer, AK
99645, (907) 761–7740, TDD (907) 761–
8905, Debbie Andrys.
Arizona State Office
Phoenix Courthouse and Federal Building,
230 North First Ave., Suite 206, Phoenix,
AZ 85003–1706, (602) 280–8768, TDD
(602) 280–8706, Carol Torres.
Arkansas State Office
700 W. Capitol Ave., Room 3416, Little
Rock, AR 72201–3225, (501) 301–3250,
TDD (501) 301–3063, Greg Kemper.
California State Office
430 G Street, #4169, Davis, CA 95616–
4169, (530) 792–5821, TDD (530) 792–
5848, Debra Moretton.
Colorado State Office
PO 00000
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13203
655 Parfet Street, Room E100, Lakewood,
CO 80215, (720) 544–2923, TDD (800)
659–2656, Mary Summerfield.
Connecticut
Served by Massachusetts State Office.
Delaware and Maryland State Office
1221 College Park Drive, Suite 200, Dover,
DE 19904, (302) 857–3615, TDD (302)
857–3585, Pat Baker.
Florida & Virgin Islands State Office
4440 N.W. 25th Place, Gainesville, FL
32606–6563, (352) 338–3465, TDD (352)
338–3499, Elizabeth M. Whitaker.
Georgia State Office
Stephens Federal Building, 355 E. Hancock
Avenue, Athens, GA 30601–2768, (706)
546–2164, TDD (706) 546–2034, Wayne
Rogers.
Hawaii State Office
(Services all Hawaii, American Samoa
Guam, and Western Pacific), Room 311,
Federal Building, 154 Waianuenue
Avenue, Hilo, HI 96720, (808) 933–8305,
TDD (808) 933–8321, Thao Khamoui.
Idaho State Office
Suite A1, 9173 West Barnes Dr., Boise, ID
83709, (208) 378–5630, TDD (208) 378–
5644, Miriam Haylett.
Illinois State Office
2118 West Park Court, Suite A, Champaign,
IL 61821–2986, (217) 403–6222, TDD
(217) 403–6240, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard, Indianapolis, IN
46278, (317) 290–3100 (ext. 423), TDD
(317) 290–3343, Stephen Dye.
Iowa State Office
210 Walnut Street, Room 873, Des Moines,
IA 50309, (515) 284–4685, TDD (515)
284–4858, Julie Sleeper.
Kansas State Office
1303 SW First American Place, Suite 100,
Topeka, KS 66604–4040, (785) 271–2721,
TDD (785) 271–2767, Virginia M.
Hammersmith.
Kentucky State Office
771 Corporate Drive, Suite 200, Lexington,
KY 40503, (859) 224–7325, TDD (859)
224–7422, Paul Higgins.
Louisiana State Office
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3727 Government Street, Alexandria, LA
71302, (318) 473–7962, TDD (318) 473–
7655, Yvonne R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, PO Box 405,
Bangor, ME 04402–0405, (207) 990–
9110, TDD (207) 942–7331, Bob Nadeau.
Maryland
Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island
State Office
451 West Street, Amherst, MA 01002, (413)
253–4315, TDD (413) 253–4590, Paul
Geoffroy.
Michigan State Office
3001 Coolidge Road, Suite 200, East
Lansing, MI 48823, (517) 324–5192, TDD
(517) 337–6795, Julie Putnam.
Minnesota State Office
375 Jackson Street Building, Suite 410, St.
Paul, MN 55101–1853, (651) 602–7820,
TDD (651) 602–7830, Rodney Jackson.
Mississippi State Office
Federal Building, Suite 831, 100 W. Capitol
Street, Jackson, MS 39269, (601) 965–
4325, TDD (601) 965–5850, Darnella
Smith-Murray.
Missouri State Office
601 Business Loop 70 West, Parkade
Center, Suite 235, Columbia, MO 65203,
(573) 876–0990, TDD (573) 876–9480,
Colleen James.
Montana State Office
900 Technology Blvd., Suite B, Bozeman,
MT 59718, (406) 585–2515, TDD (406)
585–2562, Deborah Chorlton.
Nebraska State Office
Federal Building, Room 152, 100
Centennial Mall N, Lincoln, NE 68508,
(402) 437–5734, TDD (402) 437–5093,
Linda Anders.
Nevada State Office
1390 South Curry Street, Carson City, NV
89703–5146, (775) 887–1222 (ext. 25),
TDD (775) 885–0633, Angilla Denton.
New Hampshire State Office
Concord Center, Suite 218, Box 317, 10
Ferry Street, Concord, NH 03301–5004,
(603) 223–6050, TDD (603) 229–0536,
Robert McCarthy.
New Jersey State Office
5th Floor North Suite 500, 8000 Midlantic
Dr., Mt. Laurel, NJ 08054, (856) 787–
7740, TDD (856) 787–7784, George Hyatt,
Jr.
New Mexico State Office
6200 Jefferson St., NE, Room 255,
Albuquerque, NM 87109, (505) 761–
4944, TDD (505) 761–4938, Carmen N.
Lopez.
New York State Office
The Galleries of Syracuse, 441 S. Salina
Street, Suite 357, 5th Floor, Syracuse,
NY 13202, (315) 477–6419, TDD (315)
477–6447, George N. Von Pless.
North Carolina State Office
4405 Bland Road, Suite 260, Raleigh, NC
27609, (919) 873–2066, TDD (919) 873–
2003, Beverly Casey.
North Dakota State Office
Federal Building, Room 208, 220 East
Rosser, P.O. Box 1737, Bismarck, ND
58502, (701) 530–2049, TDD (701) 530–
2113, Kathy Lake.
Ohio State Office
Federal Building, Room 507, 200 North
High Street, Columbus, OH 43215–2477,
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(614) 255–2418, TDD (614) 255–2554,
Melodie Taylor-Ward.
Oklahoma State Office
100 USDA, Suite 108, Stillwater, OK
74074–2654, (405) 742–1070, TDD (405)
742–1007, Ivan S. Graves.
Oregon State Office
1201 NE Lloyd Blv., Suite 801, Portland,
OR 97232, (503) 414–3325, TDD (503)
414–3387, Sherryl Gleason.
Pennsylvania State Office
One Credit Union Place, Suite 330,
Harrisburg, PA 17110–2996, (717) 237–
2281, TDD (717) 237–2261, Martha
Eberhart.
Puerto Rico State Office
654 Munoz Rivera Avenue, IBM Plaza,
Suite 601, Hato Rey, PR 00918, (787)
766–5095 (ext. 249), TDD (787) 766–
5332, Lourdes Colon.
Rhode Island
Served by Massachusetts State Office.
South Carolina State Office, Strom
Thurmond Federal Building, 1835
Assembly Street, Room 1007, Columbia,
SC 29201, (803) 253–3432, TDD (803)
765–5697, Larry D. Floyd.
South Dakota State Office
Federal Building, Room 210, 200 Fourth
Street, SW, Huron, SD 57350, (605) 352–
1132, TDD (605) 352–1147, Roger
Hazuka or Pam Reilly.
Tennessee State Office
Suite 300, 3322 West End Avenue,
Nashville, TN 37203–1084, (615) 783–
1375, TDD (615) 783–1397, Don Harris.
Texas State Office
Federal Building, Suite 102, 101 South
Main, Temple, TX 76501, (254) 742–
9758, TDD (254) 742–9712, Julie Hayes.
Utah State Office
Wallace F. Bennett Federal Building, 125
S. State Street, Room 4311, Salt Lake
City, UT, 84147–0350, (801) 524–4325,
TDD (801) 524–3309, Janice Kocher.
Vermont State Office
City Center, 3rd Floor, 89 Main Street,
Montpelier, VT 05602, (802) 828–6021,
TDD (802) 223–6365, Heidi Setien.
Virgin Islands
Served by Florida State Office.
Virginia State Office, Culpeper Building,
Suite 238, 1606 Santa Rosa Road,
Richmond, VA 23229, (804) 287–1596,
TDD (804) 287–1753, CJ Michels.
Washington State Office
1835 Black Lake Blvd., Suite B. Olympia,
WA 98512, (360) 704–7730, TDD (360)
704–7760, Robert Lund.
Western Pacific Territories
Served by Hawaii State Office.
West Virginia State Office, Federal
Building, 75 High Street, Room 320,
Morgantown, WV 26505–7500, (304)
284–4872, TDD (304) 284–4836. David
Cain.
Wisconsin State Office
4949 Kirschling Court, Stevens Point, WI
54481, (715) 345–7676, TDD (715) 345–
7614, Mike Daniels.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602, (307)
233–6715, TDD (307) 233–6733, Alan
Brooks.
For
general information, applicants may
FOR FURTHER INFORMATION CONTACT:
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contact Barbara Chism, Senior Loan
Specialist, Multi-Family Housing
Processing Division, Rural Housing
Service, United States Department of
Agriculture, Stop 0781, 1400
Independence Avenue, SW.,
Washington, DC 20250, telephone (202)
690–1436 (voice) (this is not a toll free
number), (800) 877–8339 (TDD-Federal
Information Relay Service), or via email, Barbara.Chism@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Programs Affected
The Rural Rental Housing program is
listed in the Catalog of Federal Domestic
Assistance under Number 10.415, Rural
Rental Housing Loans. Rental
Assistance is listed in the Catalog under
Number 10.427, Rural Rental Assistance
Payments.
Discussion of Notice
I. Authority and Distribution
Methodology
A. Authority
Section 515 of the Housing Act of
1949, as amended, (42 U.S.C. 1485)
provides USDA Rural Development
with the authority to make loans to any
individual, corporation, association,
trust, Indian tribe, public or private
nonprofit organization, which may
include a faith-based organization,
consumer cooperative, or partnership to
provide rental or cooperative housing
and related facilities in rural areas for
very-low, low, or moderate income
persons or families, including elderly
persons and persons with disabilities.
Rental assistance (RA) is a tenant
subsidy for very-low and low-income
families residing in rural rental housing
facilities with USDA Rural Development
financing. It is anticipated that RA will
not be available for new construction in
Fiscal Year (FY) 2008.
B. Distribution Methodology
The total amount available for FY
2008 for section 515 is $69,510,000, of
which $14,529,124 is available for new
construction as follows:
Non-Restricted .........................
Set-aside for nonprofits ...........
Set-aside for Underserved
Counties and Colonias .........
Set-aside EZ, EC, and REAP
Zones ....................................
Designated Reserve for States
with Rental Assistance Programs ....................................
$2,341,200
$6,255,900
$3,475,500
$1,456,524
$1,000,000
C. Section 515 New Construction Funds
The section 515 new construction
funds will be distributed to states based
on a national competition, as follows:
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1. States will accept, review, score,
and rank requests in accordance with 7
CFR 3560.56. The scoring factors are:
(a) The presence and extent of
leveraged assistance for the units that
will serve USDA Rural Development
income-eligible tenants at basic rents as
defined, comparable to those rents if
USDA Rural Development provided full
financing, computed as a percentage of
the USDA Rural Development total
development cost (TDC). Loan proposals
that include secondary funds which
have been requested but have not yet
been committed will be processed as
follows: The proposal will be scored
based on the requested funds, provided
(1) the applicant includes evidence of a
filed application for the funds; and (2)
the funding date of the requested funds
will permit processing of the loan
request in the current funding cycle, or,
if the applicant does not receive the
requested funds, will permit processing
of the next highest ranked proposal in
the current year. Points will be awarded
in accordance with the following table.
Percentages will be rounded to the
next higher whole number. (0 to 20
points)
Percentage of leveraging
Points
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75 or more ........................................
70–74 ................................................
65–69 ................................................
60–64 ................................................
55–59 ................................................
50–54 ................................................
45–49 ................................................
40–44 ................................................
35–39 ................................................
30–34 ................................................
25–29 ................................................
20–24 ................................................
15–19 ................................................
10–14 ................................................
5–9 ....................................................
0–4 ....................................................
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
0
(b) The units to be developed are in
a colonia, tribal land, EZ, EC, or Rural
Economic Area Partnership (REAP)
community, or in a place identified in
the State Consolidated Plan or State
Needs Assessment as a high need
community for multifamily housing. (20
points)
(c) Pursuant to 7 CFR
3560.56(c)(1)(iii), this year there will be
a National Office initiative whereby
preference points will be awarded to
loan requests that meet the selection
criteria as follows: In states where
USDA Rural Development has an ongoing formal working relationship,
agreement, or Memorandum of
Understanding (MOU) with the state to
provide state resources (state funds,
state RA, HOME funds, Community
Development Block Grant (CDBG)
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funds, or Low-Income Housing Tax
Credits (LIHTC)) for USDA Rural
Development proposals; or where the
state provides preference or points to
USDA Rural Development proposals in
awarding such state resources, 20 points
will be provided to loan requests that
include such state resources in an
amount equal to at least 5 percent of the
TDC. Native American Housing and
Self-Determination Act (NAHASDA)
funds may be considered a state
resource if the tribal plan for NAHASDA
funds contains provisions for partnering
with USDA Rural Development for
multi-family housing. (National Office
initiative)
(d) The loan request includes donated
land meeting the provisions of 7 CFR
3560.56(c)(1)(iv). (5 points)
(e) In an effort to implement USDA’s
nationwide initiative to promote
renewable energy and energy
conservation, USDA Rural Development
has adopted incentives for energy
generation and energy conservation.
Participation in these nationwide
initiatives is voluntary, but is strongly
encouraged.
Energy Generation. Applicants will be
awarded points if the proposal includes
the installation of energy generation
systems to be funded by a third party.
The proposal must include an overview
of the energy generation system being
proposed. Evidence that an energy
generation system has been funded by a
third party and that it has a quantifiable
positive impact on energy consumption
will be required. (5 points)
Energy Conservation. Applicants will
be awarded points to construct (or
substantially rehabilitate) housing that
earns the ENERGY STAR label for new
residential construction. Units earning
the ENERGY STAR label must be
independently verified to meet
guidelines for energy efficiency as set by
the U.S. Environmental Protection
Agency. All procedures used in
verifying a unit for the ENERGY STAR
label must comply with national Home
Energy Ratings System (HERS)
guidelines. ENERGY STAR guidelines
for residential construction apply to
homes that are three stories or less and
single or low-rise multi-family
residential buildings.
The Applicant will include in the
summary an explanation of how they
plan to incorporate ENERGY STAR.
Construction plans pertaining to energy
efficiency must be developed with,
reviewed, and accepted by a HERS
certified rater, the contractor, and the
owner. Progress inspections must be
made at appropriate times by a HERS
certified rater to ensure that the housing
is being constructed or rehabilitated
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according to ENERGY STAR
specifications. In order to receive final
payment, applicants will be required to
submit the appropriate rating reports
from the HERS rater to USDA Rural
Development as evidence that the
housing has been constructed to meet
the standards of ENERGY STAR. In the
event that housing does not meet
ENERGY STAR guidelines for new
residential construction, USDA Rural
Development shall, at its discretion,
deduct 5 points from future funding
proposals. For further information about
ENERGY STAR, see https://
www.energystar.gov or call the
following toll-free numbers: (888) 782–
7939 or (888) 588–9920 (TTY). (5
points)
2. The National Office will rank all
requests nationwide and distribute
funds to states in rank order, within
funding limits. If insufficient funds
remain for the next ranked proposal,
USDA Rural Development will select
the next ranked proposal that falls
within the remaining levels. Point score
ties will be handled in accordance with
7 CFR 3560.56(c)(2).
D. Applications That Do Not Require
New Construction RA
It is anticipated that new construction
RA will not be available for FY 2008.
Therefore, USDA Rural Development is
inviting applications to develop units in
markets that do not require RA. The
market study for proposals must clearly
demonstrate a need and demand for the
units by prospective tenants at income
levels that can support the proposed
rents without tenant subsidies. The
proposed units must offer amenities that
are typical for the market area at rents
that are comparable to conventional
rents in the market for similar units.
E. Set-Asides
Loan requests will be accepted for the
following set-asides:
1. Nonprofit set-aside. An amount of
$6,255,900 has been set aside for
nonprofit applicants as defined in 7 CFR
3560.11. All loan proposals must be in
designated places in accordance with 7
CFR 3560.57. A state or jurisdiction may
receive one proposal from this set-aside,
which cannot exceed $1 million. A state
could get additional funds from this setaside if any funds remain after funding
one proposal from each participating
state. If there are insufficient funds to
fund one loan request from each
participating state, selection will be
made by point score. If there are any
funds remaining, they will be handled
in accordance with 42 U.S.C.
1485(w)(3). Funds from this set-aside
will be available only to nonprofit
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entities, which may include a
partnership that has as its general
partner a nonprofit entity or the
nonprofit entity’s for-profit subsidiary
which will be receiving low-income
housing tax credits authorized under
section 42 of the Internal Revenue Code
of 1986. To be eligible for this set-aside,
the nonprofit entity must be an
organization that:
(a) Will own an interest in the project
to be financed and will materially
participate in the development and the
operations of the project;
(b) Is a private organization that has
nonprofit, tax exempt status under
section 501(c)(3) or section 501(c)(4) of
the Internal Revenue Code of 1986;
(c) Has among its purposes the
planning, development, or management
of low-income housing or community
development projects; and
(d) Is not affiliated with or controlled
by a for-profit organization.
2. Underserved counties and colonias
set-aside. An amount of $3,475,500 has
been set aside for loan requests to
develop units in the 100 most needy
underserved counties or colonias as
defined in section 509(f) of the Housing
Act of 1949, as amended.
3. EZ, EC, and REAP set-aside. An
amount of $1,456,524 has been set-aside
to develop units in an EZ, EC, or REAP
zone. Loan requests that are eligible for
this set aside are also eligible for regular
Section 515 funds. If requests for this
set-aside exceed available funds,
selection will be made in accordance
with 7 CFR 3560.56(c).
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II. Funding Limits
A. Individual loan requests may not
exceed $1 million. This applies to
regular section 515 funds and set-aside
funds. The Administrator may make an
exception to this limit in cases where a
State’s average total development costs
exceed the National average by 50
percent or more.
B. No state may receive more than 20
percent of the total available for new
construction, including set-aside funds.
III. Rental Assistance (RA)
New construction RA will not be
available for FY 2008. Unused RA may
be allocated from within the state
jurisdiction to approved new
construction projects. New construction
RA may not be used in conjunction with
a transfer or subsequent loan for repairs
or rehabilitation, preservation purposes
or for inventory property sales.
IV. Application Process
All applications for section 515 new
construction funds must be filed with
the appropriate Rural Development
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State Office and must meet the
requirements of 7 CFR 3560.56, as well
as comply with the provisions of
Section V. of this NOFA. Incomplete
applications will not be reviewed and
will be returned to the applicant. No
application will be accepted after 5:00
p.m., local time, on the application
deadline previously mentioned unless
that date and time is extended by a
Notice published in the Federal
Register.
V. Application Submission
Requirements
A. Each application shall include the
information, documentation, forms and
exhibits required by 7 CFR 3560.56, as
well as comply with the provisions of
this NOFA.
Forms to be included in initial
application package:
1. Form SF 424, Application for
Federal Assistance, which can be found
online at https://apply07.grants.gov/
apply/forms/sample/SF424-V2.0.pdf;
2. Form RD 1940–20, Request for
Environmental Information, which can
be found online at https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD19400020_060400V01.pdf;
3. Form RD 3560–7, Multiple Family
Housing Project Budget/Utility
Allowance, which can be found online
at https://formsadmin.sc.egov.usda.gov/
efcommon/eFileServices/Forms/
RD3560-0007_060500V01.pdf;
4. Form HUD 2530, Previous
Participation Certification, which can be
found online at https://www.hud.gov/
offices/adm/hudclips/forms/files/
2530.pdf
5. Form RD 1924–13, Estimate and
Certificate of Actual Costs, which can be
found online at https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD1924-0013.pdf;
6. Form RD 400–4, Assurance
Agreement, which can be found online
at https://forms.sc.egov.usda.gov/
efcommon/eFileServices/Forms/
RD0400-0004_970300V01.pdf;
7. Form RD 410–9, Statement
Required by the Privacy Act (for
individuals only), which can be found
online at https://www.rurdev.usda.gov/
regs/forms/0410-09.pdf;
Information requested in initial
application package:
I. To establish applicant eligibility:
A. Current (within 6 months)
financial statements with the following
paragraph certified by someone with the
legal authority to do so:
‘‘I/we certify the above is a true and
accurate reflection of my/our financial
condition as of the date stated herein.
This statement is given for the purpose
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of inducing the United States of
America to make a loan or to enable the
United States of America to make a
determination of continued eligibility of
the applicant for a loan as requested in
the loan application of which this
statement is a part.’’
B. Check for $28 from individual
applicants and $40 from organizational
applicants made out to United States
Department of Agriculture. This will be
used to pay for credit reports obtained
by the USDA Rural Development.
C. Statement signed by applicants that
they will pay any cost overruns.
D. Proposed limited partnership
agreement and certificates of limited
partners, if applicable. (USDA Rural
Development requirements should be
contained in one section of the
agreement and their location identified
by the applicants or their attorney in a
cover sheet.)
E. If a nonprofit organization:
1. Tax-exempt ruling from the IRS
designating them as a 501(c)(3) or
501(c)(4) organization. If the designation
is pending, a copy of the designation
request must be submitted.
2. Purpose statement, including the
provision of low income housing.
3. Evidence of organization under
State and local law, or copies of pending
applications.
4. List of Board of Directors.
F. If a limited liability company,
proposed operating agreement and the
authorized agent who has the authority
to complete the loan application and
loan closing documents.
G. If a trust, organizational documents
and attorney opinion letter that the trust
is validly formed and identifying the
authorized representative to act on the
trust’s behalf.
II. To establish project feasibility:
A. Market feasibility documentation:
Either a market study or a market
survey, as appropriate.
B. Type of project and structures
proposed (total number of units by
bedroom size, size of each unit type,
size and type of other facilities).
C. Schematic drawings:
1. Site plan, including contour lines;
2. Floor plan of each living unit type
and other spaces, such as laundry
facilities, community rooms, stairwells,
etc.;
3. Building exterior elevations;
4. Typical building exterior wall
section; and
5. Plot plan.
D. Description and justification of
related facilities, schedule of separate
charges for related facilities.
E. Type and method of construction
(owner builder, negotiated bid, or
contractor method).
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F. Estimated costs (Form RD 1924–
13).
G. Statement of proposed
management.
H. Congregate services package/plan
(if applicable).
I. Statement of support from other
Government services providers to the
project (congregate only).
J. Response to the Uniform Relocation
Assistance Act (if applicable).
III. To establish project financing:
A. Statement of budget and cash flow
(applicant completes Form RD 3560–7),
including type of utilities and utility
allowance, if applicable and
contribution to reserves.
B. Congregate services charges (if
applicable).
C. Status of efforts to obtain leveraged
funds.
D. Proposed construction financing
(interim or multiple advance; if interim
financing, letter of interest from
intended lender).
IV. Environmental and site
information:
A. Environmental information
(applicant completes Form RD 1940–
20).
B. Evidence of compliance with
Executive Order 12372 (A–95) (if
applicable) Form SF 424 is sent to a
clearinghouse for intergovernmental
review.
C. Provide an ASTM Phase I
Environmental Site Assessment to cover
environmental due diligence. Refer to
Chapter 3 of the section 515 Rural
Rental Housing Loan Origination
Handbook.
D. Map showing location of
community services such as schools,
hospitals, fire and police departments,
shopping malls and employment
centers.
E. Evidence of submission of project
description to State Housing
Preservation Office with request for
comments.
F. The applicant’s comments
regarding relevant offsite conditions.
G. The applicant’s explanation of any
proposed energy efficiency components.
Applicants are encouraged, but not
required, to include a checklist and to
have their applications indexed and
tabbed to facilitate the review process.
The Rural Development state office will
base its determination of completeness
of the application and the eligibility of
each applicant on the information
provided in the application.
B. Applicants are advised to contact
the Rural Development state office
serving the place in which they desire
to submit an application for the
following:
1. Questions pertaining to the
application process; and
VerDate Aug<31>2005
19:30 Mar 11, 2008
Jkt 214001
2. List of designated places for which
applications for new section 515
facilities may be submitted.
VI. Areas of Special Emphasis or
Consideration
A. Pursuant to 7 CFR
3560.56(c)(1)(iii), USDA Rural
Development encourages the use of
funding from other sources in
conjunction with Agency loans through
its national office initiative, outlined in
Section I.C.1(c) of this NOFA.
B. $1,000,000 is available nationwide
in a reserve for States with viable State
RA programs. In order to participate,
States are to submit specific written
information about the State RA program,
i.e., a memorandum of understanding,
documentation from the provider, etc.,
to the National Office prior to the
application deadline.
VII. Non-Discrimination Statement
USDA prohibits discrimination in all
its programs and activities on the basis
of race, color, national origin, age,
disability, and where applicable, sex,
marital status, religion, sexual
orientation, genetic information,
political beliefs, reprisal, or because all
or part of an individual’s income is
derived from any public assistance
program. (Not all prohibited bases apply
to all programs.) Persons with
disabilities who require alternative
means for communication of program
information (Braille, large print,
audiotape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600
(voice and TDD). To file a complaint of
discrimination, write to USDA, Director,
Office of Civil Rights, 1400
Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (voice), or (202) 720–
6382 (TDD). ‘‘USDA is an equal
opportunity provider, employer, and
lender.’’
Dated: March 5, 2008.
Peter D. Morgan,
Acting Administrator, Rural Housing Service.
[FR Doc. E8–4949 Filed 3–11–08; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funds Availability for the
Section 533 Housing Preservation
Grants for Fiscal Year 2008
Rural Housing Service, USDA.
Notice; correction.
AGENCY:
ACTION:
SUMMARY: The Rural Housing Service
published a document in the Federal
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
13207
Register on February 20, 2008,
announcing that it is soliciting
competitive applications under its
Housing Preservation Grant program.
The listing for the Rural Development
Oregon State Office address was
incorrectly identified in the notice.
FOR FURTHER INFORMATION CONTACT:
Bonnie Edwards-Jackson, Senior Loan
Specialist, Multi-Family Housing
Processing Division, USDA Rural
Development, Stop 0781, 1400
Independence Avenue, SW.,
Washington, DC 20250–0781, telephone
(202) 690–0759 (voice) (this is not a toll
free number) or (800) 877–8339 (TDD–
Federal Information Relay Service) or
via e-mail at,
Bonnie.Edwards@wdc.usda.gov.
Correction
In the Federal Register of February
20, 2008, in FR Doc. 08–690, on page
9275, in the first column, the listing for
the Rural Development Oregon State
Office, address, telephone number and
person to contact should read:
Oregon State Office, 1201 NE., Lloyd
Blvd., Suite 801, Portland, OR 97232–
1274, (503) 414–3340, TDD (503)414–
3387, Barb Brandon.
Dated: February 28, 2008.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. E8–4854 Filed 3–11–08; 8:45 am]
BILLING CODE 3410–XV–P
BROADCASTING BOARD OF
GOVERNORS
Sunshine Act
Tuesday, March 11,
2008. 3 p.m.–3:45 p.m.
PLACE: Cohen Building, Room 3321, 330
Independence Ave., SW., Washington,
DC 20237.
CLOSED MEETING: The members of the
Broadcasting Board of Governors (BBG)
will meet in closed session to review
and discuss a number of issues relating
to U.S. Government-funded nonmilitary international broadcasting.
They will address internal procedural,
budgetary, and personnel issues, as well
as sensitive foreign policy issues
relating to potential options in the U.S.
international broadcasting field. This
meeting is closed because if open it
likely would either disclose matters that
would be properly classified to be kept
secret in the interest of foreign policy
under the appropriate executive order (5
U.S.C. 552b.(c)(1)) or would disclose
information the premature disclosure of
which would be likely to significantly
DATE AND TIME:
E:\FR\FM\12MRN1.SGM
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Agencies
[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13203-13207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4949]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA) for the Section 515 Rural
Rental Housing Program for New Construction in Fiscal Year 2008
AGENCY: Rural Housing Service (RHS), USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This NOFA announces the timeframe to submit applications for
Section 515 Rural Rental Housing (RRH) loan funds, including
applications for the nonprofit set-aside for eligible nonprofit
entities, the set-aside for the most Underserved Counties and Colonias
(Cranston-Gonzalez National Affordable Housing Act), and the set-aside
for Empowerment Zones and Enterprise Communities (EZ/ECs) and Rural
Economic Area Partnership (REAP) zones, and a designated reserve for
states with rental assistance programs. This document describes the
methodology that will be used to distribute funds, the application
process, submission requirements, and areas of special emphasis or
consideration.
DATES: The deadline for receipt of all applications in response to this
NOFA is 5 p.m., local time for each USDA Rural Development State Office
on May 12, 2008. The application closing deadline is firm as to date
and hour. The Agency will not consider any application that is received
after the closing deadline. Applicants intending to mail applications
must provide sufficient time to permit delivery on or before the
closing deadline date and time. Acceptance by the United States Postal
Service or private mailer does not constitute delivery. Facsimile (FAX)
and postage due applications will not be accepted.
ADDRESSES: Applicants wishing to apply for assistance must contact the
USDA Rural Development State Office serving the place in which they
desire to submit an application for rural rental housing to receive
further information and copies of the application package. USDA Rural
Development will date and time stamp incoming applications to evidence
timely receipt, and, upon request, will provide the applicant with a
written acknowledgment of receipt. A listing of USDA Rural Development
State Offices, their addresses, telephone numbers, and person to
contact follows:
Note: Telephone numbers listed are not toll-free.
Alabama State Office
Suite 601, Sterling Centre, 4121 Carmichael Road, Montgomery, AL
36106-3683, (334) 279-3618, TDD (334) 279-3495, Van McCloud.
Alaska State Office
800 West Evergreen, Suite 201, Palmer, AK 99645, (907) 761-7740,
TDD (907) 761-8905, Debbie Andrys.
Arizona State Office
Phoenix Courthouse and Federal Building, 230 North First Ave.,
Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768, TDD (602) 280-
8706, Carol Torres.
Arkansas State Office
700 W. Capitol Ave., Room 3416, Little Rock, AR 72201-3225,
(501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office
430 G Street, 4169, Davis, CA 95616-4169, (530) 792-
5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office
655 Parfet Street, Room E100, Lakewood, CO 80215, (720) 544-
2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut
Served by Massachusetts State Office.
Delaware and Maryland State Office
1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857-
3615, TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office
4440 N.W. 25th Place, Gainesville, FL 32606-6563, (352) 338-
3465, TDD (352) 338-3499, Elizabeth M. Whitaker.
Georgia State Office
Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA
30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne Rogers.
Hawaii State Office
(Services all Hawaii, American Samoa Guam, and Western Pacific),
Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720,
(808) 933-8305, TDD (808) 933-8321, Thao Khamoui.
Idaho State Office
Suite A1, 9173 West Barnes Dr., Boise, ID 83709, (208) 378-5630,
TDD (208) 378-5644, Miriam Haylett.
Illinois State Office
2118 West Park Court, Suite A, Champaign, IL 61821-2986, (217)
403-6222, TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290-3100
(ext. 423), TDD (317) 290-3343, Stephen Dye.
Iowa State Office
210 Walnut Street, Room 873, Des Moines, IA 50309, (515) 284-
4685, TDD (515) 284-4858, Julie Sleeper.
Kansas State Office
1303 SW First American Place, Suite 100, Topeka, KS 66604-4040,
(785) 271-2721, TDD (785) 271-2767, Virginia M. Hammersmith.
Kentucky State Office
771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-
7325, TDD (859) 224-7422, Paul Higgins.
Louisiana State Office
[[Page 13204]]
3727 Government Street, Alexandria, LA 71302, (318) 473-7962,
TDD (318) 473-7655, Yvonne R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402-0405,
(207) 990-9110, TDD (207) 942-7331, Bob Nadeau.
Maryland
Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office
451 West Street, Amherst, MA 01002, (413) 253-4315, TDD (413)
253-4590, Paul Geoffroy.
Michigan State Office
3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517)
324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office
375 Jackson Street Building, Suite 410, St. Paul, MN 55101-1853,
(651) 602-7820, TDD (651) 602-7830, Rodney Jackson.
Mississippi State Office
Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS
39269, (601) 965-4325, TDD (601) 965-5850, Darnella Smith-Murray.
Missouri State Office
601 Business Loop 70 West, Parkade Center, Suite 235, Columbia,
MO 65203, (573) 876-0990, TDD (573) 876-9480, Colleen James.
Montana State Office
900 Technology Blvd., Suite B, Bozeman, MT 59718, (406) 585-
2515, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office
Federal Building, Room 152, 100 Centennial Mall N, Lincoln, NE
68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.
Nevada State Office
1390 South Curry Street, Carson City, NV 89703-5146, (775) 887-
1222 (ext. 25), TDD (775) 885-0633, Angilla Denton.
New Hampshire State Office
Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH
03301-5004, (603) 223-6050, TDD (603) 229-0536, Robert McCarthy.
New Jersey State Office
5th Floor North Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ
08054, (856) 787-7740, TDD (856) 787-7784, George Hyatt, Jr.
New Mexico State Office
6200 Jefferson St., NE, Room 255, Albuquerque, NM 87109, (505)
761-4944, TDD (505) 761-4938, Carmen N. Lopez.
New York State Office
The Galleries of Syracuse, 441 S. Salina Street, Suite 357, 5th
Floor, Syracuse, NY 13202, (315) 477-6419, TDD (315) 477-6447,
George N. Von Pless.
North Carolina State Office
4405 Bland Road, Suite 260, Raleigh, NC 27609, (919) 873-2066,
TDD (919) 873-2003, Beverly Casey.
North Dakota State Office
Federal Building, Room 208, 220 East Rosser, P.O. Box 1737,
Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113, Kathy Lake.
Ohio State Office
Federal Building, Room 507, 200 North High Street, Columbus, OH
43215-2477, (614) 255-2418, TDD (614) 255-2554, Melodie Taylor-Ward.
Oklahoma State Office
100 USDA, Suite 108, Stillwater, OK 74074-2654, (405) 742-1070,
TDD (405) 742-1007, Ivan S. Graves.
Oregon State Office
1201 NE Lloyd Blv., Suite 801, Portland, OR 97232, (503) 414-
3325, TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office
One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,
(717) 237-2281, TDD (717) 237-2261, Martha Eberhart.
Puerto Rico State Office
654 Munoz Rivera Avenue, IBM Plaza, Suite 601, Hato Rey, PR
00918, (787) 766-5095 (ext. 249), TDD (787) 766-5332, Lourdes Colon.
Rhode Island
Served by Massachusetts State Office. South Carolina State
Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room
1007, Columbia, SC 29201, (803) 253-3432, TDD (803) 765-5697, Larry
D. Floyd.
South Dakota State Office
Federal Building, Room 210, 200 Fourth Street, SW, Huron, SD
57350, (605) 352-1132, TDD (605) 352-1147, Roger Hazuka or Pam
Reilly.
Tennessee State Office
Suite 300, 3322 West End Avenue, Nashville, TN 37203-1084, (615)
783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office
Federal Building, Suite 102, 101 South Main, Temple, TX 76501,
(254) 742-9758, TDD (254) 742-9712, Julie Hayes.
Utah State Office
Wallace F. Bennett Federal Building, 125 S. State Street, Room
4311, Salt Lake City, UT, 84147-0350, (801) 524-4325, TDD (801) 524-
3309, Janice Kocher.
Vermont State Office
City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602,
(802) 828-6021, TDD (802) 223-6365, Heidi Setien.
Virgin Islands
Served by Florida State Office.
Virginia State Office, Culpeper Building, Suite 238, 1606 Santa
Rosa Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753,
CJ Michels.
Washington State Office
1835 Black Lake Blvd., Suite B. Olympia, WA 98512, (360) 704-
7730, TDD (360) 704-7760, Robert Lund.
Western Pacific Territories
Served by Hawaii State Office.
West Virginia State Office, Federal Building, 75 High Street,
Room 320, Morgantown, WV 26505-7500, (304) 284-4872, TDD (304) 284-
4836. David Cain.
Wisconsin State Office
4949 Kirschling Court, Stevens Point, WI 54481, (715) 345-7676,
TDD (715) 345-7614, Mike Daniels.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602, (307) 233-6715, TDD (307) 233-
6733, Alan Brooks.
FOR FURTHER INFORMATION CONTACT: For general information, applicants
may contact Barbara Chism, Senior Loan Specialist, Multi-Family Housing
Processing Division, Rural Housing Service, United States Department of
Agriculture, Stop 0781, 1400 Independence Avenue, SW., Washington, DC
20250, telephone (202) 690-1436 (voice) (this is not a toll free
number), (800) 877-8339 (TDD-Federal Information Relay Service), or via
e-mail, Barbara.Chism@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Programs Affected
The Rural Rental Housing program is listed in the Catalog of
Federal Domestic Assistance under Number 10.415, Rural Rental Housing
Loans. Rental Assistance is listed in the Catalog under Number 10.427,
Rural Rental Assistance Payments.
Discussion of Notice
I. Authority and Distribution Methodology
A. Authority
Section 515 of the Housing Act of 1949, as amended, (42 U.S.C.
1485) provides USDA Rural Development with the authority to make loans
to any individual, corporation, association, trust, Indian tribe,
public or private nonprofit organization, which may include a faith-
based organization, consumer cooperative, or partnership to provide
rental or cooperative housing and related facilities in rural areas for
very-low, low, or moderate income persons or families, including
elderly persons and persons with disabilities. Rental assistance (RA)
is a tenant subsidy for very-low and low-income families residing in
rural rental housing facilities with USDA Rural Development financing.
It is anticipated that RA will not be available for new construction in
Fiscal Year (FY) 2008.
B. Distribution Methodology
The total amount available for FY 2008 for section 515 is
$69,510,000, of which $14,529,124 is available for new construction as
follows:
Non-Restricted............................................. $2,341,200
Set-aside for nonprofits................................... $6,255,900
Set-aside for Underserved Counties and Colonias............ $3,475,500
Set-aside EZ, EC, and REAP Zones........................... $1,456,524
Designated Reserve for States with Rental Assistance $1,000,000
Programs..................................................
C. Section 515 New Construction Funds
The section 515 new construction funds will be distributed to
states based on a national competition, as follows:
[[Page 13205]]
1. States will accept, review, score, and rank requests in
accordance with 7 CFR 3560.56. The scoring factors are:
(a) The presence and extent of leveraged assistance for the units
that will serve USDA Rural Development income-eligible tenants at basic
rents as defined, comparable to those rents if USDA Rural Development
provided full financing, computed as a percentage of the USDA Rural
Development total development cost (TDC). Loan proposals that include
secondary funds which have been requested but have not yet been
committed will be processed as follows: The proposal will be scored
based on the requested funds, provided (1) the applicant includes
evidence of a filed application for the funds; and (2) the funding date
of the requested funds will permit processing of the loan request in
the current funding cycle, or, if the applicant does not receive the
requested funds, will permit processing of the next highest ranked
proposal in the current year. Points will be awarded in accordance with
the following table.
Percentages will be rounded to the next higher whole number. (0 to
20 points)
------------------------------------------------------------------------
Percentage of leveraging Points
------------------------------------------------------------------------
75 or more..................................................... 20
70-74.......................................................... 19
65-69.......................................................... 18
60-64.......................................................... 17
55-59.......................................................... 16
50-54.......................................................... 15
45-49.......................................................... 14
40-44.......................................................... 13
35-39.......................................................... 12
30-34.......................................................... 11
25-29.......................................................... 10
20-24.......................................................... 9
15-19.......................................................... 8
10-14.......................................................... 7
5-9............................................................ 6
0-4............................................................ 0
------------------------------------------------------------------------
(b) The units to be developed are in a colonia, tribal land, EZ,
EC, or Rural Economic Area Partnership (REAP) community, or in a place
identified in the State Consolidated Plan or State Needs Assessment as
a high need community for multifamily housing. (20 points)
(c) Pursuant to 7 CFR 3560.56(c)(1)(iii), this year there will be a
National Office initiative whereby preference points will be awarded to
loan requests that meet the selection criteria as follows: In states
where USDA Rural Development has an on-going formal working
relationship, agreement, or Memorandum of Understanding (MOU) with the
state to provide state resources (state funds, state RA, HOME funds,
Community Development Block Grant (CDBG) funds, or Low-Income Housing
Tax Credits (LIHTC)) for USDA Rural Development proposals; or where the
state provides preference or points to USDA Rural Development proposals
in awarding such state resources, 20 points will be provided to loan
requests that include such state resources in an amount equal to at
least 5 percent of the TDC. Native American Housing and Self-
Determination Act (NAHASDA) funds may be considered a state resource if
the tribal plan for NAHASDA funds contains provisions for partnering
with USDA Rural Development for multi-family housing. (National Office
initiative)
(d) The loan request includes donated land meeting the provisions
of 7 CFR 3560.56(c)(1)(iv). (5 points)
(e) In an effort to implement USDA's nationwide initiative to
promote renewable energy and energy conservation, USDA Rural
Development has adopted incentives for energy generation and energy
conservation. Participation in these nationwide initiatives is
voluntary, but is strongly encouraged.
Energy Generation. Applicants will be awarded points if the
proposal includes the installation of energy generation systems to be
funded by a third party. The proposal must include an overview of the
energy generation system being proposed. Evidence that an energy
generation system has been funded by a third party and that it has a
quantifiable positive impact on energy consumption will be required. (5
points)
Energy Conservation. Applicants will be awarded points to construct
(or substantially rehabilitate) housing that earns the ENERGY STAR
label for new residential construction. Units earning the ENERGY STAR
label must be independently verified to meet guidelines for energy
efficiency as set by the U.S. Environmental Protection Agency. All
procedures used in verifying a unit for the ENERGY STAR label must
comply with national Home Energy Ratings System (HERS) guidelines.
ENERGY STAR guidelines for residential construction apply to homes that
are three stories or less and single or low-rise multi-family
residential buildings.
The Applicant will include in the summary an explanation of how
they plan to incorporate ENERGY STAR. Construction plans pertaining to
energy efficiency must be developed with, reviewed, and accepted by a
HERS certified rater, the contractor, and the owner. Progress
inspections must be made at appropriate times by a HERS certified rater
to ensure that the housing is being constructed or rehabilitated
according to ENERGY STAR specifications. In order to receive final
payment, applicants will be required to submit the appropriate rating
reports from the HERS rater to USDA Rural Development as evidence that
the housing has been constructed to meet the standards of ENERGY STAR.
In the event that housing does not meet ENERGY STAR guidelines for new
residential construction, USDA Rural Development shall, at its
discretion, deduct 5 points from future funding proposals. For further
information about ENERGY STAR, see https://www.energystar.gov or call
the following toll-free numbers: (888) 782-7939 or (888) 588-9920
(TTY). (5 points)
2. The National Office will rank all requests nationwide and
distribute funds to states in rank order, within funding limits. If
insufficient funds remain for the next ranked proposal, USDA Rural
Development will select the next ranked proposal that falls within the
remaining levels. Point score ties will be handled in accordance with 7
CFR 3560.56(c)(2).
D. Applications That Do Not Require New Construction RA
It is anticipated that new construction RA will not be available
for FY 2008. Therefore, USDA Rural Development is inviting applications
to develop units in markets that do not require RA. The market study
for proposals must clearly demonstrate a need and demand for the units
by prospective tenants at income levels that can support the proposed
rents without tenant subsidies. The proposed units must offer amenities
that are typical for the market area at rents that are comparable to
conventional rents in the market for similar units.
E. Set-Asides
Loan requests will be accepted for the following set-asides:
1. Nonprofit set-aside. An amount of $6,255,900 has been set aside
for nonprofit applicants as defined in 7 CFR 3560.11. All loan
proposals must be in designated places in accordance with 7 CFR
3560.57. A state or jurisdiction may receive one proposal from this
set-aside, which cannot exceed $1 million. A state could get additional
funds from this set-aside if any funds remain after funding one
proposal from each participating state. If there are insufficient funds
to fund one loan request from each participating state, selection will
be made by point score. If there are any funds remaining, they will be
handled in accordance with 42 U.S.C. 1485(w)(3). Funds from this set-
aside will be available only to nonprofit
[[Page 13206]]
entities, which may include a partnership that has as its general
partner a nonprofit entity or the nonprofit entity's for-profit
subsidiary which will be receiving low-income housing tax credits
authorized under section 42 of the Internal Revenue Code of 1986. To be
eligible for this set-aside, the nonprofit entity must be an
organization that:
(a) Will own an interest in the project to be financed and will
materially participate in the development and the operations of the
project;
(b) Is a private organization that has nonprofit, tax exempt status
under section 501(c)(3) or section 501(c)(4) of the Internal Revenue
Code of 1986;
(c) Has among its purposes the planning, development, or management
of low-income housing or community development projects; and
(d) Is not affiliated with or controlled by a for-profit
organization.
2. Underserved counties and colonias set-aside. An amount of
$3,475,500 has been set aside for loan requests to develop units in the
100 most needy underserved counties or colonias as defined in section
509(f) of the Housing Act of 1949, as amended.
3. EZ, EC, and REAP set-aside. An amount of $1,456,524 has been
set-aside to develop units in an EZ, EC, or REAP zone. Loan requests
that are eligible for this set aside are also eligible for regular
Section 515 funds. If requests for this set-aside exceed available
funds, selection will be made in accordance with 7 CFR 3560.56(c).
II. Funding Limits
A. Individual loan requests may not exceed $1 million. This applies
to regular section 515 funds and set-aside funds. The Administrator may
make an exception to this limit in cases where a State's average total
development costs exceed the National average by 50 percent or more.
B. No state may receive more than 20 percent of the total available
for new construction, including set-aside funds.
III. Rental Assistance (RA)
New construction RA will not be available for FY 2008. Unused RA
may be allocated from within the state jurisdiction to approved new
construction projects. New construction RA may not be used in
conjunction with a transfer or subsequent loan for repairs or
rehabilitation, preservation purposes or for inventory property sales.
IV. Application Process
All applications for section 515 new construction funds must be
filed with the appropriate Rural Development State Office and must meet
the requirements of 7 CFR 3560.56, as well as comply with the
provisions of Section V. of this NOFA. Incomplete applications will not
be reviewed and will be returned to the applicant. No application will
be accepted after 5:00 p.m., local time, on the application deadline
previously mentioned unless that date and time is extended by a Notice
published in the Federal Register.
V. Application Submission Requirements
A. Each application shall include the information, documentation,
forms and exhibits required by 7 CFR 3560.56, as well as comply with
the provisions of this NOFA.
Forms to be included in initial application package:
1. Form SF 424, Application for Federal Assistance, which can be
found online at https://apply07.grants.gov/apply/forms/sample/SF424-
V2.0.pdf;
2. Form RD 1940-20, Request for Environmental Information, which
can be found online at https://forms.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD1940-0020_060400V01.pdf;
3. Form RD 3560-7, Multiple Family Housing Project Budget/Utility
Allowance, which can be found online at https://
formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD3560-0007_
060500V01.pdf;
4. Form HUD 2530, Previous Participation Certification, which can
be found online at https://www.hud.gov/offices/adm/hudclips/forms/files/
2530.pdf
5. Form RD 1924-13, Estimate and Certificate of Actual Costs, which
can be found online at https://forms.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD1924-0013.pdf;
6. Form RD 400-4, Assurance Agreement, which can be found online at
https://forms.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD0400-
0004_970300V01.pdf;
7. Form RD 410-9, Statement Required by the Privacy Act (for
individuals only), which can be found online at https://
www.rurdev.usda.gov/regs/forms/0410-09.pdf;
Information requested in initial application package:
I. To establish applicant eligibility:
A. Current (within 6 months) financial statements with the
following paragraph certified by someone with the legal authority to do
so:
``I/we certify the above is a true and accurate reflection of my/
our financial condition as of the date stated herein. This statement is
given for the purpose of inducing the United States of America to make
a loan or to enable the United States of America to make a
determination of continued eligibility of the applicant for a loan as
requested in the loan application of which this statement is a part.''
B. Check for $28 from individual applicants and $40 from
organizational applicants made out to United States Department of
Agriculture. This will be used to pay for credit reports obtained by
the USDA Rural Development.
C. Statement signed by applicants that they will pay any cost
overruns.
D. Proposed limited partnership agreement and certificates of
limited partners, if applicable. (USDA Rural Development requirements
should be contained in one section of the agreement and their location
identified by the applicants or their attorney in a cover sheet.)
E. If a nonprofit organization:
1. Tax-exempt ruling from the IRS designating them as a 501(c)(3)
or 501(c)(4) organization. If the designation is pending, a copy of the
designation request must be submitted.
2. Purpose statement, including the provision of low income
housing.
3. Evidence of organization under State and local law, or copies of
pending applications.
4. List of Board of Directors.
F. If a limited liability company, proposed operating agreement and
the authorized agent who has the authority to complete the loan
application and loan closing documents.
G. If a trust, organizational documents and attorney opinion letter
that the trust is validly formed and identifying the authorized
representative to act on the trust's behalf.
II. To establish project feasibility:
A. Market feasibility documentation: Either a market study or a
market survey, as appropriate.
B. Type of project and structures proposed (total number of units
by bedroom size, size of each unit type, size and type of other
facilities).
C. Schematic drawings:
1. Site plan, including contour lines;
2. Floor plan of each living unit type and other spaces, such as
laundry facilities, community rooms, stairwells, etc.;
3. Building exterior elevations;
4. Typical building exterior wall section; and
5. Plot plan.
D. Description and justification of related facilities, schedule of
separate charges for related facilities.
E. Type and method of construction (owner builder, negotiated bid,
or contractor method).
[[Page 13207]]
F. Estimated costs (Form RD 1924-13).
G. Statement of proposed management.
H. Congregate services package/plan (if applicable).
I. Statement of support from other Government services providers to
the project (congregate only).
J. Response to the Uniform Relocation Assistance Act (if
applicable).
III. To establish project financing:
A. Statement of budget and cash flow (applicant completes Form RD
3560-7), including type of utilities and utility allowance, if
applicable and contribution to reserves.
B. Congregate services charges (if applicable).
C. Status of efforts to obtain leveraged funds.
D. Proposed construction financing (interim or multiple advance; if
interim financing, letter of interest from intended lender).
IV. Environmental and site information:
A. Environmental information (applicant completes Form RD 1940-20).
B. Evidence of compliance with Executive Order 12372 (A-95) (if
applicable) Form SF 424 is sent to a clearinghouse for
intergovernmental review.
C. Provide an ASTM Phase I Environmental Site Assessment to cover
environmental due diligence. Refer to Chapter 3 of the section 515
Rural Rental Housing Loan Origination Handbook.
D. Map showing location of community services such as schools,
hospitals, fire and police departments, shopping malls and employment
centers.
E. Evidence of submission of project description to State Housing
Preservation Office with request for comments.
F. The applicant's comments regarding relevant offsite conditions.
G. The applicant's explanation of any proposed energy efficiency
components.
Applicants are encouraged, but not required, to include a checklist
and to have their applications indexed and tabbed to facilitate the
review process. The Rural Development state office will base its
determination of completeness of the application and the eligibility of
each applicant on the information provided in the application.
B. Applicants are advised to contact the Rural Development state
office serving the place in which they desire to submit an application
for the following:
1. Questions pertaining to the application process; and
2. List of designated places for which applications for new section
515 facilities may be submitted.
VI. Areas of Special Emphasis or Consideration
A. Pursuant to 7 CFR 3560.56(c)(1)(iii), USDA Rural Development
encourages the use of funding from other sources in conjunction with
Agency loans through its national office initiative, outlined in
Section I.C.1(c) of this NOFA.
B. $1,000,000 is available nationwide in a reserve for States with
viable State RA programs. In order to participate, States are to submit
specific written information about the State RA program, i.e., a
memorandum of understanding, documentation from the provider, etc., to
the National Office prior to the application deadline.
VII. Non-Discrimination Statement
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, religion, sexual orientation, genetic
information, political beliefs, reprisal, or because all or part of an
individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities
who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination, write to USDA, Director, Office of Civil Rights, 1400
Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-
3272 (voice), or (202) 720-6382 (TDD). ``USDA is an equal opportunity
provider, employer, and lender.''
Dated: March 5, 2008.
Peter D. Morgan,
Acting Administrator, Rural Housing Service.
[FR Doc. E8-4949 Filed 3-11-08; 8:45 am]
BILLING CODE 3410-XV-P