Notice of Funding Availability (NOFA) for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2008, 13190-13194 [E8-4956]
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13190
Notices
Federal Register
Vol. 73, No. 49
Wednesday, March 12, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Notice of Funding Availability (NOFA)
for Section 514 Farm Labor Housing
Loans and Section 516 Farm Labor
Housing Grants for Off-Farm Housing
for Fiscal Year 2008
AGENCY:
ACTION:
Rural Housing Service, USDA.
Notice.
Announcement Type: Initial NOFA
inviting pre-applications from qualified
applicants for Fiscal Year 2008.
Catalog of Federal Domestic
Assistance Numbers (CFDA): 10.405 and
10.427.
SUMMARY: This NOFA announces the
timeframe to submit pre-applications for
section 514 Farm Labor Housing (FLH)
loans and section 516 FLH grants for the
construction of new off-farm FLH units
and related facilities for domestic farm
laborers. The intended purpose of these
loans and grants is to increase the
number of available housing units for
domestic farm laborers. Applications
may also include requests for section
521 rental assistance (RA) and operating
assistance for migrant units. This
document describes the method used to
distribute funds, the application
process, and submission requirements.
The deadline for receipt of all
applications in response to this NOFA
is 5 p.m., local time for each 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. Acceptance by a post
office or private mailer does not
constitute delivery. Facsimile (FAX),
COD, and postage due applications will
not be accepted.
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DATES:
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Submission Address
FOR FURTHER INFORMATION CONTACT:
Henry Searcy, Senior Loan Specialist,
Multi-Family Housing Processing
Division, STOP 0781 (Room 1263–S),
USDA Rural Development, 1400
Independence Ave., SW., Washington,
DC 20250–0781, telephone: (202) 720–
1753 (This is not a toll free number.), or
e-mail: Henry.Searcy@wdc.usda.gov.
Applicants wishing to apply for
assistance must contact the Rural
Development State Office serving the
place in which they desire to submit an
application for off-farm labor housing to
receive further information and copies
of the application package. 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
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 Center 4121 Carmichael
Road, Montgomery, AL 36106–3683,
(334) 279–3455 TDD (334) 279–3618,
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) 280–8770, Carol Torres.
Arkansas State Office
700 W. Capitol Ave., Rm. 3416, Little Rock,
AR 72201–3225, (501) 301–3250 TDD
(501) 301–3063, Clinton King.
California State Office
430 G Street, #4169, Davis, CA 95616–
4169, (530) 792–5830 TDD (530) 792–
5848, Stephen Nnodim.
Colorado State Office
655 Parfet Street, Room El00, Lakewood,
CO 80215, (720) 544–2923 TDD (800)
659–2656, Mary Summerfield.
Connecticut
Served by Massachusetts State Office.
Delaware 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
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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 W. Park Court, Suite A, Champaign,
IL 61821–2986, (217) 403–6222 TDD
(217) 403–6240, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard, Indianapolis, IN
46278, (317) 290–3100 (ext. 423) TDD
(317) 290–3343, Stephen Dye.
Iowa State Office
210 Walnut Street, Room 873, Des Moines,
IA 50309, (515) 284–4685 TDD (515)
284–4858, Julie Sleeper.
Kansas State Office
1303 SW First American Place, Suite 100,
Topeka, KS 66604–4040, (785) 271–2721
TDD (785) 271–2767, Virginia M.
Hammersmith.
Kentucky State Office
771 Corporate Drive, Suite 200, Lexington,
KY 40503, (859) 224–7325 TDD (859)
224–7422, Paul Higgins.
Louisiana State Office
3727 Government Street, Alexandria, LA
71302, (318) 473–7962 TDD (318) 473–
7655, Yvonne R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, PO Box 405,
Bangor, ME 04402–0405, (207) 990–9110
TDD (207) 942–7331, Bob Nadeau.
Maryland
Served by Delaware State Office.
Massachusetts 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, Ghulam R. Sumbal.
Minnesota State Office
375 Jackson Street Building, Suite 410, St.
Paul, MN 55101, (651) 602–7820 TDD
(651) 602–7826, 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) 876–9305 TDD (573) 876–9480,
Colleen James.
Montana State Office
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900 Technology Blvd., Suite B, Bozeman,
MT 59715, (406) 585–2565 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
89703–9910, (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, Syracuse, NY 13202,
(315) 477–6419 TDD (315) 477–6447,
George N. Von Pless.
North Carolina State Office
4405 Bland Road, Suite 2120, Raleigh, NC
27120, (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 Graves.
Oregon State Office
101 SW Main, Suite 1410, Portland, OR
97204–3222, (503) 414–3325 TDD (503)
414–3387, Sherryl Gleason.
Pennsylvania State Office
One Credit Union Place, Suite 330,
Harrisburg, PA 17110–2996, (717) 237–
2282 TDD (717) 237–2261, Martha E.
Hanson.
Puerto Rico State Office
IBM Building, 654 Munoz Rivera Ave.,
Suite 601, San Juan, PR 00918, (787)
766–5095 (ext. 254) TDD 1–800–274–
1572, 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
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3322 West End Avenue, Suite 300,
Nashville, TN 37203–1084, (615) 783–
1375 TDD (615) 783–1397, Donald
Harris.
Texas State Office
101 South Main St., Suite 102, 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 84138, (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
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) 345–7608 (ext. 7145) TDD
(715) 345–7614, Peter Kohnen.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602–6733,
(307) 233–6715 TDD (307) 233–6733,
Jack Hyde.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The reporting requirements contained
in this NOFA have been approved by
the Office of Management and Budget
under Control Number 0575–0045.
Overview
The FLH program is authorized by the
Housing Act of 1949 as amended:
section 514 (42 U.S.C. 1484) for loans
and section 516 (42 U.S.C. 1486) for
grants. Tenant subsidies (RA) are
available through section 521 (42 U.S.C.
1490a). Sections 514 and 516 provide
Rural Development the authority to
make loans and grants for financing offfarm housing to broad-based nonprofit
organizations, nonprofit organizations of
farmworkers, federally recognized
Indian tribes and agencies or political
subdivisions of State or local
government. In addition, loans may be
made to limited partnerships in which
the general partner is a nonprofit entity.
Program Administration
I. Funding Opportunities Description
Housing that is constructed with FLH
loans and grants must meet the Agency
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13191
design and construction standards
contained in 7 CFR part 1924, subparts
A and C. Once constructed, off-farm
FLH must be managed in accordance
with the program’s management
regulation, 7 CFR part 3560. Tenant
eligibility is limited to persons who
meet the definition of a ‘‘domestic farm
laborer’’, a ‘‘retired domestic farm
laborer,’’ or a ‘‘disabled domestic farm
laborer,’’ as these terms are defined in
7 CFR 3560.11. Farmworkers who are
admitted to this country on a temporary
basis under the Temporary Agricultural
Workers (H–2A Visa) program are not
eligible to occupy section 514/516 offfarm FLH.
In addition, off-farm FLH must be
operated on a non-profit basis and
tenancy must be open to all qualified
domestic farm laborers, regardless of
which farm they work.
Operating assistance may be used in
lieu of tenant-specific rental assistance
in off-farm labor housing projects that
serve migrant farmworkers, are financed
under section 514 or section 516(i) of
the Housing Act of 1949 (U.S.C.
1486(i)), and otherwise meet the
requirements of 7 CFR 3560.574.
‘‘Migrants or migrant agricultural
laborer’’ is defined in 7 CFR 3560.11.
Owners of eligible projects may choose
tenant-specific RA or operating
assistance, or a combination of both;
however, any tenant or unit assisted
with operating assistance may not also
receive RA.
II. Award Information
Applications for Fiscal Year (FY) 2008
will only be accepted through the date
and time listed in this NOFA. Because
USDA Rural Development has the
ability to adjust loan and grant levels,
final loan and grant levels will fluctuate,
and are subject to the availability of
funding. The estimated funds available
for FY 2008 for off-farm housing are:
section 514, $19,158,807 and section
516, $7,447,500.
Individual requests may not exceed
$3 million (total loan and grant). At this
time there is no available new
construction Rental Assistance
available, however if there is Rental
Assistance available an announcement
will be made when the funding level is
announced. Section 516 off-farm FLH
grants may not exceed 90 percent of the
total development cost of the housing.
Applications that require leveraged
funding must have firm commitments in
place for all of the leveraged funding
within 1 year of the issuance of a
‘‘Notice of Pre-application Review
Action,’’ Form AD–622. In order to be
eligible for leveraged funding selection
points, the commitment for the initial
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preapplication. If leverage funds are in
the form of tax credits, the applicant
must document a history of receiving
tax credits.
III. Eligibility Information
Applicant Eligibility
(1) To be eligible to receive a section
516 grant for off-farm FLH, the
applicant must be a broad-based
nonprofit organization, a broad-based
organization, a nonprofit organization of
farm workers, a federally recognized
Indian tribe, an agency or political
subdivision of a State or local
government, or a public agency (such as
a housing authority).
(2) To be eligible to receive a section
514 loan for off-farm FLH, the applicant
must be a broad-based nonprofit
organization, faith-based organization, a
nonprofit organization of farm workers,
a federally recognized Indian tribe, an
agency or political subdivision of a State
or local government, a public agency
(such as a housing authority), or a
limited partnership which has a
nonprofit entity as its general partner,
and
(a) Be unable to provide the necessary
housing from its own resources; and
(b) Except for State or local public
agencies and Indian tribes, be unable to
obtain similar credit elsewhere at rates
that would allow for rents within the
payment ability of eligible residents.
(3) Broad-based nonprofit
organizations must have a membership
that reflects a variety of interests in the
area where the housing will be located.
Cost Sharing or Matching
Section 516 grants for off-farm FLH
may not exceed the lesser of 90 percent
of the total development cost or the
amount provided in 7 CFR
3560.562(c)(2).
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Other Administrative Requirements
The following policies and
regulations apply to loans and grants
made in response to this NOFA:
(1) The policies and regulations
contained in 7 CFR part 1901, subpart
E regarding equal opportunity
requirements;
(2) The requirements of 7 CFR part
3015 and 7 CFR part 3016 or 7 CFR part
3019 (as applicable), which establish the
uniform administrative requirements for
grants and cooperative agreements to
State and local governments and to
nonprofit organizations;
(3) The policies and regulations
contained in 7 CFR part 1901, subpart
F regarding historical and
archaeological properties;
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(4) The policies and regulations
contained in 7 CFR part 1940, subpart
G regarding environmental assessments;
(5) The policies and regulations
contained in 7 CFR part 3560, subpart
L regarding the loan and grant
authorities of the off-farm FLH program;
(6) The policies and regulations
contained in 7 CFR part 1924, subpart
A regarding planning and construction;
(7) The policies and regulations
contained in 7 CFR part 1924, subpart
C regarding the planning and
performing of site development work;
and
(8) All other policies and regulations
contained in 7 CFR part 3560 regarding
the section 514/516 off-farm FLH
program.
IV. Application and Submission
Information
The application process will be in two
phases: The initial pre-application (or
proposal) and the submission of a
formal application. Only those
proposals that are selected for funding
will be invited to submit formal
applications. In the event that a
proposal is selected for further
processing and the applicant declines,
the next highest ranked unfunded preapplication may be selected.
All pre-applications for sections 514
and 516 funds must be filed with the
appropriate Rural Development State
Office and must meet the requirements
of this NOFA. Incomplete preapplications will not be reviewed and
will be returned to the applicant. No
pre-application will be accepted after 5
p.m., local time for each Rural
Development State Office on May 12,
2008 unless date and time is extended
by another NOFA published in the
Federal Register.
If a pre-application is accepted for
further processing, the applicant must
submit a complete, formal application,
acceptable to the agency prior to the
obligation of Agency funds.
Pre-application Requirements
The pre-application must contain the
following:
(1) A summary page listing the
following items. This information
should be double-spaced between items
and not be in narrative form.
(a) Applicant’s name.
(b) Applicant’s Taxpayer
Identification Number.
(c) Applicant’s address.
(d) Applicant’s telephone number.
(e) Name of applicant’s contact
person, telephone number, and address.
(f) Amount of loan and grant
requested.
(g) For grants, the applicant’s Dun and
Bradstreet Data Universal Numbering
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System (DUNS) number. As required by
the Office of Management and Budget
(OMB), all grant applicants must
provide a DUNS number when applying
for Federal grants, on or after October 1,
2003. Organizations can receive a DUNS
number at no cost by calling the
dedicated toll-free DUNS Number
request line at 1–866–705–5711.
Additional information concerning this
requirement is provided in a policy
directive issued by OMB and published
in the Federal Register on June 27, 2003
(68 FR 38402–38405).
(2) A narrative addressing the
applicant’s ability to meet the eligibility
requirements stated in this NOFA.
(3) Application for Federal Assistance
(Standard Form 424) which can be
found at grants.gov.
(4) A current, dated, and signed
financial statement showing assets and
liabilities with information on the
repayment schedule and status of all
debts.
(5) Evidence that the applicant is
unable to obtain credit from other
sources. Letters from credit institutions
who normally provide real estate loans
in the area should be obtained and these
letters should indicate the rates and
terms upon which a loan might be
provided. (Note: Not required from State
or local public agencies or Indian
tribes.)
(6) A statement concerning the need
for a labor housing grant. The statement
should include preliminary estimates of
the rents required with and without a
grant.
(7) A statement of the applicant’s
experience in operating labor housing or
other rental housing. If the applicant’s
experience is limited, additional
information should be provided to
indicate how the applicant plans to
compensate for this limited experience
(i.e., obtaining assistance and advice of
a management firm, non-profit group,
public agency, or other organization
which is experienced in rental
management and will be available on a
continuous basis).
(8) A brief statement explaining the
applicant’s proposed method of
operation and management (i.e., on-site
manager, contracting for management
services, etc.). As stated in this NOFA:
(a) The housing must be managed in
accordance with the program’s
management regulation, 7 CFR part
3560, and
(b) Tenancy is limited to ‘‘domestic
farm laborers,’’ ‘‘retired domestic farm
laborers,’’ and ‘‘disabled domestic farm
laborers’’ as defined in this NOFA.
(9) Applicants must provide:
(a) A copy of, or an accurate citation
to, the special provisions of State law
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under which they are organized, a copy
of the applicant’s charter, their Articles
of Incorporation, and their By-laws;
(b) The names, occupations, and
addresses of the applicant’s members,
directors, and officers; and
(c) If a member or subsidiary of
another organization, the organization’s
name, address, and nature of business.
(10) A preliminary survey to identify
the supply and demand for labor
housing in the market area. The market
area must be clearly identified and may
include only the area from which
tenants can reasonably be drawn for the
proposed project.
Documentation must be provided to
justify a need within the intended
market area for housing for ‘‘domestic
farm laborers’’, as defined in this NOFA.
The preliminary survey should address
or include the following items:
(a) The annual income level of
farmworker families in the area and the
probable income of the farm workers
who are apt to occupy the proposed
housing;
(b) A realistic estimate of the number
of farm workers who are home-based in
the area and the number of farm workers
who normally migrate into the area.
Information on migratory workers
should indicate the average number of
months the migrants reside in the area
and an indication of what type of family
groups are represented by the migrants
(i.e., single individuals as opposed to
families);
(c) General information concerning
the type of labor intensive crops grown
in the area and prospects for continued
demand for farm laborers (i.e., prospects
for mechanization, etc.);
(d) The overall occupancy rate for
comparable rental units in the area and
the rents charged and customary rental
practices for these units (i.e., will they
rent to large families, do they require
annual leases, etc.);
(e) The number, condition, adequacy,
rental rates and ownership of units
currently used or available to farm
workers;
(f) A description of the units
proposed, including the number, type,
size, rental rates, amenities such as
carpets and drapes, related facilities
such as a laundry room or community
room and other facilities providing
supportive services in connection with
the housing and the needs of the
prospective tenants such as a health
clinic or day care facility, estimated
development timeline, estimated total
development cost, and applicant
contribution; and
(g) The applicant must also identify
all other sources of funds, including the
dollar amount, source, and commitment
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status. (Note: A section 516 grant may
not exceed 90 percent of the total
development cost of the housing.)
(11) A completed Form RD 1940–20,
‘‘Request for Environmental
Information,’’ and a description of
anticipated environmental issues or
concerns. The form can be found at
https://www.rurdev.usda.gov/regs/forms/
1940–20.pdf.
(12) A prepared HUD 935.2A,
‘‘Affirmative Fair Housing Marketing
Plan.’’ The plan will reflect that
occupancy is open to all qualified
‘‘domestic farm laborers,’’ regardless of
which farming operation they work and
that they will not discriminate on the
basis of race, color, sex, age, disability,
marital or familial status or National
origin in regard to the occupancy or use
of the units. The form can be found at
https://www.hud.gov/offices/admm/
hudclips/form/files/935a.pdf.
(13) Evidence of site control such as
an option or sales contract. In addition,
a map and description of the proposed
site, including the availability of water,
sewer, and utilities and the proximity to
community facilities and services such
as shopping, schools, transportation,
doctors, dentists, and hospitals.
(14) Preliminary plans and
specifications, including plot plans,
building layouts, and type of
construction and materials. The housing
must meet the Agency’s design and
construction standards contained in 7
CFR part 1924, subparts A and C and
must also meet all applicable Federal,
State, and local accessibility standards.
(15) A Supportive Services Plan
describing services that will be provided
on-site or made available to tenants
through cooperative agreements with
service providers in the community,
such as a health clinic or day care
facility. Off-site services must be
accessible and affordable to farm
workers and their families. Letters of
intent from service providers are
acceptable documentation at the preapplication stage.
(16) A proposed operating budget
utilizing Form RD 3560–7, ‘‘Multiple
Family Housing Project Budget/Utility
Allowance.’’ The form can be found at
www.rurdev.usda.gov/regs/forms/3560–
07.pdf.
(17) An estimate of development cost
utilizing Form RD 1924–13, ‘‘Estimate
and Certificate of Actual Cost.’’ The
form can be found at https://
www.rurdev.usda.gov/regs/forms/1924–
13.pdf.
(18) Form RD 3560–30, ‘‘Certification
of No Identity of Interest (IOI)’’ and
Form RD 3560–31, ‘‘Identity of Interest
Disclosure/Qualification Certification.’’
The form can be found at https://
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www.rurdev.usda.gov/regs/form/
stoc.html.
(19) Form HUD 2530, ‘‘Previous
Participation Certification.’’ The form
can be found at https://www.hud.gov/
offices/adm/hudclips/forms/files/
2530.pdf.
(20) If requesting RA or Operating
Assistance, Form RD 3560–25, ‘‘Initial
Request for Rental Assistance or
Operating Assistance.’’ The form can be
found at https://www.rurdev.usda.gov/
regs/forms/3560–25.pdf.
(21) A Sources and Uses Statement
showing all sources of funding included
in the proposed project. The terms and
schedules of all sources included in the
project should be included in the
Sources and Uses Statement.
(22) A separate one-page information
sheet listing each of the ‘‘Application
Scoring Criteria’’ contained in this
NOFA, followed by the page numbers of
all relevant material and documentation
that is contained in the proposal that
supports the criteria.
(23) Applicants are encouraged, but
not required, to include a checklist of all
of the application requirements and to
have their application indexed and
tabbed to facilitate the review process;
(24) Form, RD 400–4,’’Assurance
Agreement’’.
V. Application Review Information
All applications for sections 514 and
516 funds must be filed with the
appropriate Rural Development State
Office and must meet the requirements
of this NOFA. 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.
Selection Criteria
Section 514 loan funds and section
516 grant funds will be distributed to
States based on a national competition,
as follows:
(1) Rural Development States will
accept, review, and score requests in
accordance with the NOFA. The scoring
factors are:
(a) The presence and extent of
leveraged assistance, including donated
land, for the units that will serve
program-eligible tenants, calculated as a
percentage of the Rural Development
total development cost (TDC). Rural
Development TDC excludes non-Rural
Development eligible costs such as a
developer’s fee. Leveraged assistance
includes, but is not limited to, funds for
hard construction costs, section 8 or
other non-rural development tenant
subsidies, and state or federal funds. A
minimum of ten percent leveraged
assistance is required to earn points;
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Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices
however, if the total percentage of
leveraged assistance is less than ten
percent and the proposal includes
donated land, two points will be
awarded for the donated land. To count
as leveraged funds for purposes of the
selection criteria, a commitment of
funds must be provided with the preapplication. Points will be awarded in
accordance with the following table.
PERCENTAGE POINTS
pwalker on PROD1PC71 with NOTICES
75 or more ........................................
60–74 ................................................
50–59 ................................................
40–49 ................................................
30–39 ................................................
20–29 ................................................
10–19 ................................................
0–9 ....................................................
20
18
16
12
10
8
5
0
Donated land in proposals with less
than ten percent total leveraged
assistance: 2 points.
(b) Percent of units for seasonal,
temporary, migrant housing. (5 points
for up to and including 50 percent of the
units; 10 points for 51 percent or more.)
(c) The selection criteria includes one
optional criteria set by the National
Office. The National Office initiative
will be used in the selection criteria as
follows: Up to 10 points will be
awarded based on the presence of and
extent to which a tenant services plan
exists that clearly outlines services that
will be provided to the residents of the
proposed project. These services may
include, but are not limited to,
transportation related services, on-site
English as a Second Language (ESL)
classes, move-in funds, emergency
assistance funds, homeownership
counseling, food pantries, after school
tutoring, and computer learning centers.
Two points will be awarded for each
resident service included in the tenant
services plan up to a maximum of 10
points. Plans must detail how the
services are to be administered, who
will administer them, and where they
will be administered. All tenant service
plans must include letters of intent that
clearly state the service that will be
provided at the project for the benefit of
the residents from any party
administering each service, including
the applicant. (0 to 10 points)
(d) In an effort to implement USDA’s
nationwide initiative to promote
renewable energy and energy
conservation, Rural Development has
adopted incentives for energy
generation and energy conservation.
Participation in these nationwide
initiatives is voluntary, but is strongly
encouraged. Participation in the energy
generation and energy conservation will
be awarded with 5 points each.
VerDate Aug<31>2005
19:30 Mar 11, 2008
Jkt 214001
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
narrative an explanation of how they
plan to incorporate ENERGY STAR.
Construction plans pertaining to energy
efficiency must be developed with,
reviewed, and accepted by a HERS
certified rater, the contractor, and the
owner. Progress inspections must be
made at appropriate times by a HERS
certified rater to ensure that the housing
is being constructed or rehabilitated
according to ENERGY STAR
specifications. In order to receive final
payment, applicants will be required to
submit the appropriate rating reports
from the HERS rater to Rural
Development as evidence that the
housing has been constructed to meet
the standards of ENERGY STAR. For
further information about ENERGY
STAR, see https://www.energystar.gov or
call the toll-free numbers: (888) 782–
7937 or (888) 588–9920 (TTY). (5
points)
(2) Rural Development State Offices
will conduct the preliminary eligibility
review, score the applications, and
forward them to the National Office.
(3) The National Office will rank all
requests nationwide and distribute
funds to States in rank order, within
funding and RA limits. A lottery in
accordance with 7 CFR 3560.56(c)(2)
will be used for applications with tied
point scores when they all cannot be
funded. If insufficient funds or RA
remain for the next ranked proposal,
that applicant will be given a chance to
modify their application to bring it
within remaining funding levels. This
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
will be repeated for each next ranked
eligible proposal until an award can be
made or the list is exhausted.
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. The U.S. Department of
Agriculture (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,
familial status, parental 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).
Dated: March 5, 2008.
Peter D. Morgan,
Acting Administrator, Rural Housing Service.
[FR Doc. E8–4956 Filed 3–11–08; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Section
514, 515, and 516 Multi-Family Housing
Revitalization Demonstration Program
(MPR) for Fiscal Year 2008
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
Announcement Type: Inviting
applications from eligible applicants for
Fiscal Year 2008 funding.
Catalog of Federal Domestic
Assistance Number (CFDA): 10.447.
SUMMARY: USDA Rural Development
which administers the programs of the
Rural Housing Service (RHS) announces
the availability of funds and the
timeframe to submit applications to
participate in a demonstration program
to preserve and revitalize existing rural
rental housing projects financed by
Rural Development under Section 515,
Section 514, and Section 516 of the
Housing Act of 1949, as amended. The
intended effect is to restructure selected
existing Section 515 multi-family
housing loans and Section 514 and 516
off-farm labor housing loans and grants
expressly for the purpose of ensuring
E:\FR\FM\12MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13190-13194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4956]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 /
Notices
[[Page 13190]]
DEPARTMENT OF AGRICULTURE
Notice of Funding Availability (NOFA) for Section 514 Farm Labor
Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm
Housing for Fiscal Year 2008
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
Announcement Type: Initial NOFA inviting pre-applications from
qualified applicants for Fiscal Year 2008.
Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and
10.427.
SUMMARY: This NOFA announces the timeframe to submit pre-applications
for section 514 Farm Labor Housing (FLH) loans and section 516 FLH
grants for the construction of new off-farm FLH units and related
facilities for domestic farm laborers. The intended purpose of these
loans and grants is to increase the number of available housing units
for domestic farm laborers. Applications may also include requests for
section 521 rental assistance (RA) and operating assistance for migrant
units. This document describes the method used to distribute funds, the
application process, and submission requirements.
DATES: The deadline for receipt of all applications in response to this
NOFA is 5 p.m., local time for each 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. Acceptance by a post office or private mailer does
not constitute delivery. Facsimile (FAX), COD, and postage due
applications will not be accepted.
Submission Address
FOR FURTHER INFORMATION CONTACT: Henry Searcy, Senior Loan Specialist,
Multi-Family Housing Processing Division, STOP 0781 (Room 1263-S), USDA
Rural Development, 1400 Independence Ave., SW., Washington, DC 20250-
0781, telephone: (202) 720-1753 (This is not a toll free number.), or
e-mail: Henry.Searcy@wdc.usda.gov.
Applicants wishing to apply for assistance must contact the Rural
Development State Office serving the place in which they desire to
submit an application for off-farm labor housing to receive further
information and copies of the application package. 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 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 Center 4121 Carmichael Road, Montgomery, AL
36106-3683, (334) 279-3455 TDD (334) 279-3618, 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-
8770, Carol Torres.
Arkansas State Office
700 W. Capitol Ave., Rm. 3416, Little Rock, AR 72201-3225, (501)
301-3250 TDD (501) 301-3063, Clinton King.
California State Office
430 G Street, 4169, Davis, CA 95616-4169, (530) 792-
5830 TDD (530) 792-5848, Stephen Nnodim.
Colorado State Office
655 Parfet Street, Room El00, Lakewood, CO 80215, (720) 544-2923
TDD (800) 659-2656, Mary Summerfield.
Connecticut
Served by Massachusetts State Office.
Delaware 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 W. Park Court, Suite A, Champaign, IL 61821-2986, (217)
403-6222 TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290-3100
(ext. 423) TDD (317) 290-3343, Stephen Dye.
Iowa State Office
210 Walnut Street, Room 873, Des Moines, IA 50309, (515) 284-
4685 TDD (515) 284-4858, Julie Sleeper.
Kansas State Office
1303 SW First American Place, Suite 100, Topeka, KS 66604-4040,
(785) 271-2721 TDD (785) 271-2767, Virginia M. Hammersmith.
Kentucky State Office
771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-
7325 TDD (859) 224-7422, Paul Higgins.
Louisiana State Office
3727 Government Street, Alexandria, LA 71302, (318) 473-7962 TDD
(318) 473-7655, Yvonne R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402-0405,
(207) 990-9110 TDD (207) 942-7331, Bob Nadeau.
Maryland
Served by Delaware State Office.
Massachusetts 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, Ghulam R. Sumbal.
Minnesota State Office
375 Jackson Street Building, Suite 410, St. Paul, MN 55101,
(651) 602-7820 TDD (651) 602-7826, 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) 876-9305 TDD (573) 876-9480, Colleen James.
Montana State Office
[[Page 13191]]
900 Technology Blvd., Suite B, Bozeman, MT 59715, (406) 585-2565
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 89703-9910, (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,
Syracuse, NY 13202, (315) 477-6419 TDD (315) 477-6447, George N. Von
Pless.
North Carolina State Office
4405 Bland Road, Suite 2120, Raleigh, NC 27120, (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 Graves.
Oregon State Office
101 SW Main, Suite 1410, Portland, OR 97204-3222, (503) 414-3325
TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office
One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,
(717) 237-2282 TDD (717) 237-2261, Martha E. Hanson.
Puerto Rico State Office
IBM Building, 654 Munoz Rivera Ave., Suite 601, San Juan, PR
00918, (787) 766-5095 (ext. 254) TDD 1-800-274-1572, 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
3322 West End Avenue, Suite 300, Nashville, TN 37203-1084, (615)
783-1375 TDD (615) 783-1397, Donald Harris.
Texas State Office
101 South Main St., Suite 102, 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 84138, (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
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) 345-7608
(ext. 7145) TDD (715) 345-7614, Peter Kohnen.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602-6733, (307) 233-6715 TDD (307)
233-6733, Jack Hyde.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The reporting requirements contained in this NOFA have been
approved by the Office of Management and Budget under Control Number
0575-0045.
Overview
The FLH program is authorized by the Housing Act of 1949 as
amended: section 514 (42 U.S.C. 1484) for loans and section 516 (42
U.S.C. 1486) for grants. Tenant subsidies (RA) are available through
section 521 (42 U.S.C. 1490a). Sections 514 and 516 provide Rural
Development the authority to make loans and grants for financing off-
farm housing to broad-based nonprofit organizations, nonprofit
organizations of farmworkers, federally recognized Indian tribes and
agencies or political subdivisions of State or local government. In
addition, loans may be made to limited partnerships in which the
general partner is a nonprofit entity.
Program Administration
I. Funding Opportunities Description
Housing that is constructed with FLH loans and grants must meet the
Agency design and construction standards contained in 7 CFR part 1924,
subparts A and C. Once constructed, off-farm FLH must be managed in
accordance with the program's management regulation, 7 CFR part 3560.
Tenant eligibility is limited to persons who meet the definition of a
``domestic farm laborer'', a ``retired domestic farm laborer,'' or a
``disabled domestic farm laborer,'' as these terms are defined in 7 CFR
3560.11. Farmworkers who are admitted to this country on a temporary
basis under the Temporary Agricultural Workers (H-2A Visa) program are
not eligible to occupy section 514/516 off-farm FLH.
In addition, off-farm FLH must be operated on a non-profit basis
and tenancy must be open to all qualified domestic farm laborers,
regardless of which farm they work.
Operating assistance may be used in lieu of tenant-specific rental
assistance in off-farm labor housing projects that serve migrant
farmworkers, are financed under section 514 or section 516(i) of the
Housing Act of 1949 (U.S.C. 1486(i)), and otherwise meet the
requirements of 7 CFR 3560.574. ``Migrants or migrant agricultural
laborer'' is defined in 7 CFR 3560.11. Owners of eligible projects may
choose tenant-specific RA or operating assistance, or a combination of
both; however, any tenant or unit assisted with operating assistance
may not also receive RA.
II. Award Information
Applications for Fiscal Year (FY) 2008 will only be accepted
through the date and time listed in this NOFA. Because USDA Rural
Development has the ability to adjust loan and grant levels, final loan
and grant levels will fluctuate, and are subject to the availability of
funding. The estimated funds available for FY 2008 for off-farm housing
are: section 514, $19,158,807 and section 516, $7,447,500.
Individual requests may not exceed $3 million (total loan and
grant). At this time there is no available new construction Rental
Assistance available, however if there is Rental Assistance available
an announcement will be made when the funding level is announced.
Section 516 off-farm FLH grants may not exceed 90 percent of the total
development cost of the housing. Applications that require leveraged
funding must have firm commitments in place for all of the leveraged
funding within 1 year of the issuance of a ``Notice of Pre-application
Review Action,'' Form AD-622. In order to be eligible for leveraged
funding selection points, the commitment for the initial
[[Page 13192]]
preapplication. If leverage funds are in the form of tax credits, the
applicant must document a history of receiving tax credits.
III. Eligibility Information
Applicant Eligibility
(1) To be eligible to receive a section 516 grant for off-farm FLH,
the applicant must be a broad-based nonprofit organization, a broad-
based organization, a nonprofit organization of farm workers, a
federally recognized Indian tribe, an agency or political subdivision
of a State or local government, or a public agency (such as a housing
authority).
(2) To be eligible to receive a section 514 loan for off-farm FLH,
the applicant must be a broad-based nonprofit organization, faith-based
organization, a nonprofit organization of farm workers, a federally
recognized Indian tribe, an agency or political subdivision of a State
or local government, a public agency (such as a housing authority), or
a limited partnership which has a nonprofit entity as its general
partner, and
(a) Be unable to provide the necessary housing from its own
resources; and
(b) Except for State or local public agencies and Indian tribes, be
unable to obtain similar credit elsewhere at rates that would allow for
rents within the payment ability of eligible residents.
(3) Broad-based nonprofit organizations must have a membership that
reflects a variety of interests in the area where the housing will be
located.
Cost Sharing or Matching
Section 516 grants for off-farm FLH may not exceed the lesser of 90
percent of the total development cost or the amount provided in 7 CFR
3560.562(c)(2).
Other Administrative Requirements
The following policies and regulations apply to loans and grants
made in response to this NOFA:
(1) The policies and regulations contained in 7 CFR part 1901,
subpart E regarding equal opportunity requirements;
(2) The requirements of 7 CFR part 3015 and 7 CFR part 3016 or 7
CFR part 3019 (as applicable), which establish the uniform
administrative requirements for grants and cooperative agreements to
State and local governments and to nonprofit organizations;
(3) The policies and regulations contained in 7 CFR part 1901,
subpart F regarding historical and archaeological properties;
(4) The policies and regulations contained in 7 CFR part 1940,
subpart G regarding environmental assessments;
(5) The policies and regulations contained in 7 CFR part 3560,
subpart L regarding the loan and grant authorities of the off-farm FLH
program;
(6) The policies and regulations contained in 7 CFR part 1924,
subpart A regarding planning and construction;
(7) The policies and regulations contained in 7 CFR part 1924,
subpart C regarding the planning and performing of site development
work; and
(8) All other policies and regulations contained in 7 CFR part 3560
regarding the section 514/516 off-farm FLH program.
IV. Application and Submission Information
The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a formal application.
Only those proposals that are selected for funding will be invited to
submit formal applications. In the event that a proposal is selected
for further processing and the applicant declines, the next highest
ranked unfunded pre-application may be selected.
All pre-applications for sections 514 and 516 funds must be filed
with the appropriate Rural Development State Office and must meet the
requirements of this NOFA. Incomplete pre-applications will not be
reviewed and will be returned to the applicant. No pre-application will
be accepted after 5 p.m., local time for each Rural Development State
Office on May 12, 2008 unless date and time is extended by another NOFA
published in the Federal Register.
If a pre-application is accepted for further processing, the
applicant must submit a complete, formal application, acceptable to the
agency prior to the obligation of Agency funds.
Pre-application Requirements
The pre-application must contain the following:
(1) A summary page listing the following items. This information
should be double-spaced between items and not be in narrative form.
(a) Applicant's name.
(b) Applicant's Taxpayer Identification Number.
(c) Applicant's address.
(d) Applicant's telephone number.
(e) Name of applicant's contact person, telephone number, and
address.
(f) Amount of loan and grant requested.
(g) For grants, the applicant's Dun and Bradstreet Data Universal
Numbering System (DUNS) number. As required by the Office of Management
and Budget (OMB), all grant applicants must provide a DUNS number when
applying for Federal grants, on or after October 1, 2003. Organizations
can receive a DUNS number at no cost by calling the dedicated toll-free
DUNS Number request line at 1-866-705-5711. Additional information
concerning this requirement is provided in a policy directive issued by
OMB and published in the Federal Register on June 27, 2003 (68 FR
38402-38405).
(2) A narrative addressing the applicant's ability to meet the
eligibility requirements stated in this NOFA.
(3) Application for Federal Assistance (Standard Form 424) which
can be found at grants.gov.
(4) A current, dated, and signed financial statement showing assets
and liabilities with information on the repayment schedule and status
of all debts.
(5) Evidence that the applicant is unable to obtain credit from
other sources. Letters from credit institutions who normally provide
real estate loans in the area should be obtained and these letters
should indicate the rates and terms upon which a loan might be
provided. (Note: Not required from State or local public agencies or
Indian tribes.)
(6) A statement concerning the need for a labor housing grant. The
statement should include preliminary estimates of the rents required
with and without a grant.
(7) A statement of the applicant's experience in operating labor
housing or other rental housing. If the applicant's experience is
limited, additional information should be provided to indicate how the
applicant plans to compensate for this limited experience (i.e.,
obtaining assistance and advice of a management firm, non-profit group,
public agency, or other organization which is experienced in rental
management and will be available on a continuous basis).
(8) A brief statement explaining the applicant's proposed method of
operation and management (i.e., on-site manager, contracting for
management services, etc.). As stated in this NOFA:
(a) The housing must be managed in accordance with the program's
management regulation, 7 CFR part 3560, and
(b) Tenancy is limited to ``domestic farm laborers,'' ``retired
domestic farm laborers,'' and ``disabled domestic farm laborers'' as
defined in this NOFA.
(9) Applicants must provide:
(a) A copy of, or an accurate citation to, the special provisions
of State law
[[Page 13193]]
under which they are organized, a copy of the applicant's charter,
their Articles of Incorporation, and their By-laws;
(b) The names, occupations, and addresses of the applicant's
members, directors, and officers; and
(c) If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
(10) A preliminary survey to identify the supply and demand for
labor housing in the market area. The market area must be clearly
identified and may include only the area from which tenants can
reasonably be drawn for the proposed project.
Documentation must be provided to justify a need within the
intended market area for housing for ``domestic farm laborers'', as
defined in this NOFA. The preliminary survey should address or include
the following items:
(a) The annual income level of farmworker families in the area and
the probable income of the farm workers who are apt to occupy the
proposed housing;
(b) A realistic estimate of the number of farm workers who are
home-based in the area and the number of farm workers who normally
migrate into the area. Information on migratory workers should indicate
the average number of months the migrants reside in the area and an
indication of what type of family groups are represented by the
migrants (i.e., single individuals as opposed to families);
(c) General information concerning the type of labor intensive
crops grown in the area and prospects for continued demand for farm
laborers (i.e., prospects for mechanization, etc.);
(d) The overall occupancy rate for comparable rental units in the
area and the rents charged and customary rental practices for these
units (i.e., will they rent to large families, do they require annual
leases, etc.);
(e) The number, condition, adequacy, rental rates and ownership of
units currently used or available to farm workers;
(f) A description of the units proposed, including the number,
type, size, rental rates, amenities such as carpets and drapes, related
facilities such as a laundry room or community room and other
facilities providing supportive services in connection with the housing
and the needs of the prospective tenants such as a health clinic or day
care facility, estimated development timeline, estimated total
development cost, and applicant contribution; and
(g) The applicant must also identify all other sources of funds,
including the dollar amount, source, and commitment status. (Note: A
section 516 grant may not exceed 90 percent of the total development
cost of the housing.)
(11) A completed Form RD 1940-20, ``Request for Environmental
Information,'' and a description of anticipated environmental issues or
concerns. The form can be found at https://www.rurdev.usda.gov/regs/
forms/1940-20.pdf.
(12) A prepared HUD 935.2A, ``Affirmative Fair Housing Marketing
Plan.'' The plan will reflect that occupancy is open to all qualified
``domestic farm laborers,'' regardless of which farming operation they
work and that they will not discriminate on the basis of race, color,
sex, age, disability, marital or familial status or National origin in
regard to the occupancy or use of the units. The form can be found at
https://www.hud.gov/offices/admm/hudclips/form/files/935a.pdf.
(13) Evidence of site control such as an option or sales contract.
In addition, a map and description of the proposed site, including the
availability of water, sewer, and utilities and the proximity to
community facilities and services such as shopping, schools,
transportation, doctors, dentists, and hospitals.
(14) Preliminary plans and specifications, including plot plans,
building layouts, and type of construction and materials. The housing
must meet the Agency's design and construction standards contained in 7
CFR part 1924, subparts A and C and must also meet all applicable
Federal, State, and local accessibility standards.
(15) A Supportive Services Plan describing services that will be
provided on-site or made available to tenants through cooperative
agreements with service providers in the community, such as a health
clinic or day care facility. Off-site services must be accessible and
affordable to farm workers and their families. Letters of intent from
service providers are acceptable documentation at the pre-application
stage.
(16) A proposed operating budget utilizing Form RD 3560-7,
``Multiple Family Housing Project Budget/Utility Allowance.'' The form
can be found at www.rurdev.usda.gov/regs/forms/3560-07.pdf.
(17) An estimate of development cost utilizing Form RD 1924-13,
``Estimate and Certificate of Actual Cost.'' The form can be found at
https://www.rurdev.usda.gov/regs/forms/1924-13.pdf.
(18) Form RD 3560-30, ``Certification of No Identity of Interest
(IOI)'' and Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification.'' The form can be found at https://
www.rurdev.usda.gov/regs/form/stoc.html.
(19) Form HUD 2530, ``Previous Participation Certification.'' The
form can be found at https://www.hud.gov/offices/adm/hudclips/forms/
files/2530.pdf.
(20) If requesting RA or Operating Assistance, Form RD 3560-25,
``Initial Request for Rental Assistance or Operating Assistance.'' The
form can be found at https://www.rurdev.usda.gov/regs/forms/3560-25.pdf.
(21) A Sources and Uses Statement showing all sources of funding
included in the proposed project. The terms and schedules of all
sources included in the project should be included in the Sources and
Uses Statement.
(22) A separate one-page information sheet listing each of the
``Application Scoring Criteria'' contained in this NOFA, followed by
the page numbers of all relevant material and documentation that is
contained in the proposal that supports the criteria.
(23) Applicants are encouraged, but not required, to include a
checklist of all of the application requirements and to have their
application indexed and tabbed to facilitate the review process;
(24) Form, RD 400-4,''Assurance Agreement''.
V. Application Review Information
All applications for sections 514 and 516 funds must be filed with
the appropriate Rural Development State Office and must meet the
requirements of this NOFA. 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.
Selection Criteria
Section 514 loan funds and section 516 grant funds will be
distributed to States based on a national competition, as follows:
(1) Rural Development States will accept, review, and score
requests in accordance with the NOFA. The scoring factors are:
(a) The presence and extent of leveraged assistance, including
donated land, for the units that will serve program-eligible tenants,
calculated as a percentage of the Rural Development total development
cost (TDC). Rural Development TDC excludes non-Rural Development
eligible costs such as a developer's fee. Leveraged assistance
includes, but is not limited to, funds for hard construction costs,
section 8 or other non-rural development tenant subsidies, and state or
federal funds. A minimum of ten percent leveraged assistance is
required to earn points;
[[Page 13194]]
however, if the total percentage of leveraged assistance is less than
ten percent and the proposal includes donated land, two points will be
awarded for the donated land. To count as leveraged funds for purposes
of the selection criteria, a commitment of funds must be provided with
the pre-application. Points will be awarded in accordance with the
following table.
Percentage Points
------------------------------------------------------------------------
------------------------------------------------------------------------
75 or more..................................................... 20
60-74.......................................................... 18
50-59.......................................................... 16
40-49.......................................................... 12
30-39.......................................................... 10
20-29.......................................................... 8
10-19.......................................................... 5
0-9............................................................ 0
------------------------------------------------------------------------
Donated land in proposals with less than ten percent total
leveraged assistance: 2 points.
(b) Percent of units for seasonal, temporary, migrant housing. (5
points for up to and including 50 percent of the units; 10 points for
51 percent or more.)
(c) The selection criteria includes one optional criteria set by
the National Office. The National Office initiative will be used in the
selection criteria as follows: Up to 10 points will be awarded based on
the presence of and extent to which a tenant services plan exists that
clearly outlines services that will be provided to the residents of the
proposed project. These services may include, but are not limited to,
transportation related services, on-site English as a Second Language
(ESL) classes, move-in funds, emergency assistance funds, homeownership
counseling, food pantries, after school tutoring, and computer learning
centers. Two points will be awarded for each resident service included
in the tenant services plan up to a maximum of 10 points. Plans must
detail how the services are to be administered, who will administer
them, and where they will be administered. All tenant service plans
must include letters of intent that clearly state the service that will
be provided at the project for the benefit of the residents from any
party administering each service, including the applicant. (0 to 10
points)
(d) In an effort to implement USDA's nationwide initiative to
promote renewable energy and energy conservation, Rural Development has
adopted incentives for energy generation and energy conservation.
Participation in these nationwide initiatives is voluntary, but is
strongly encouraged. Participation in the energy generation and energy
conservation will be awarded with 5 points each.
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 narrative an explanation of how
they plan to incorporate ENERGY STAR. Construction plans pertaining to
energy efficiency must be developed with, reviewed, and accepted by a
HERS certified rater, the contractor, and the owner. Progress
inspections must be made at appropriate times by a HERS certified rater
to ensure that the housing is being constructed or rehabilitated
according to ENERGY STAR specifications. In order to receive final
payment, applicants will be required to submit the appropriate rating
reports from the HERS rater to Rural Development as evidence that the
housing has been constructed to meet the standards of ENERGY STAR. For
further information about ENERGY STAR, see https://www.energystar.gov or
call the toll-free numbers: (888) 782-7937 or (888) 588-9920 (TTY). (5
points)
(2) Rural Development State Offices will conduct the preliminary
eligibility review, score the applications, and forward them to the
National Office.
(3) The National Office will rank all requests nationwide and
distribute funds to States in rank order, within funding and RA limits.
A lottery in accordance with 7 CFR 3560.56(c)(2) will be used for
applications with tied point scores when they all cannot be funded. If
insufficient funds or RA remain for the next ranked proposal, that
applicant will be given a chance to modify their application to bring
it within remaining funding levels. This will be repeated for each next
ranked eligible proposal until an award can be made or the list is
exhausted.
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. The U.S.
Department of Agriculture (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, familial
status, parental 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).
Dated: March 5, 2008.
Peter D. Morgan,
Acting Administrator, Rural Housing Service.
[FR Doc. E8-4956 Filed 3-11-08; 8:45 am]
BILLING CODE 3410-XV-P
