Notice of Funding Availability (NOFA) for the Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2008, 13203-13207 [E8-4949]

Download as PDF 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. [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 pwalker on PROD1PC71 with NOTICES DATES: VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 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 Frm 00014 Fmt 4703 Sfmt 4703 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 E:\FR\FM\12MRN1.SGM 12MRN1 EN12MR08.002</GPH> Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices pwalker on PROD1PC71 with NOTICES 13204 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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, VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 (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: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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: E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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 pwalker on PROD1PC71 with NOTICES 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) VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 13205 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 E:\FR\FM\12MRN1.SGM 12MRN1 13206 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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). pwalker on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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). E:\FR\FM\12MRN1.SGM 12MRN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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 12MRN1

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]


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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.

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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)

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                    Percentage of leveraging                      Points
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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
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    (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