Notice of Funding Availability for the Section 202 Demonstration Pre-Development Grant Program, 60312-60318 [E8-24196]
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excess and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist
the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.
Dated: October 2, 2008.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. E8–23786 Filed 10–9–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5218–N–01]
Notice of Funding Availability for the
Section 202 Demonstration PreDevelopment Grant Program
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of funding availability.
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AGENCY:
Overview Information
A. Federal Agency Name: Department
of Housing and Urban Development,
Office of Housing.
B. Funding Opportunity Title: Section
202 Demonstration Pre-Development
Grant Program.
C. Announcement Type: Initial
announcement.
D. Funding Opportunity Number: The
OMB approval number for this NOFA is
2502–0267. The Federal Register
number is FR–5218–N–01.
E. Catalog of Federal Domestic
Assistance (CFDA) Number(s): 14.157,
Section 202 Demonstration PreDevelopment Grant Program.
F. Dates: The application deadline
date is: December 16, 2008. All
applications must be received and
validated by Grants.gov no later than
11:59:59 pm Eastern Time on the
application deadline date. Refer to the
General Section of the SuperNOFA
published on March 19, 2008 (72 FR
14882) (General Section), the FY2008
SuperNOFA published on May 12, 2008
(72 FR 27032) (SuperNOFA) and the
Notice of HUD’s FY2008 SuperNOFA
for HUD’s Discretionary Programs;
Correction for Section 202 and Section
811 Programs published on June 9, 2008
(72 FR 32592) (SuperNOFA
SUPPLEMENTARY INFORMATION) and
Section IV of this Program NOFA for
further information about application,
submission, and timely receipt
requirements.
G. Additional Overview Content
Information: Applicants must be
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registered to apply on line at Grants.gov
to submit an application. Private
nonprofit organizations and nonprofit
consumer cooperatives interested in
applying for funding under this
program, in addition to this Program
Section, should carefully review the
General Section, the SuperNOFA, and
the SuperNOFA SUPPLEMENTARY
INFORMATION, and the information
detailed in this Program NOFA, which
covers the registration, submission,
timely receipt, and additional
requirements for this funding
opportunity. Applicants are advised to
start the registration process
immediately upon publication of this
NOFA. Registration can take several
weeks to complete.
Full Text Of Announcement
I. Funding Opportunity Description
A. Program Description. The purpose
of this Demonstration Pre-Development
Grant program is to assist Sponsors of
projects that receive Fund Reservation
Awards pursuant to the FY2008
SuperNOFA for the Section 202
Supportive Housing for the Elderly
program by providing pre-development
grant funding for architectural and
engineering work, site control, and other
planning related expenses that are
eligible for funding under the Section
202 Supportive Housing for the Elderly
program. Subsequent to providing predevelopment grant funding to the
selected applicants, HUD will assess the
impact of the availability of such
funding on the ability of project
Sponsors to expedite the development
processing of projects from Section 202
Fund Reservation to Initial Closing
within 18 months.
HUD is aware of the complexities of
developing Section 202 projects and
understands that a lack of predevelopment funding may be a
contributing factor in many instances
where project Sponsors are not able to
move their approved projects from Fund
Reservation award to Initial Closing
within the required 18-month time
frame. Funding under this program is
not intended to duplicate Section 202
Capital Advance funding, but rather to
provide a source of funding for predevelopment costs that would otherwise
not be reimbursable until Initial Closing
or would be payable from eligible
funding resources secured outside of
Section 202 Capital Advance funding.
B. Authority. The Section 202
Demonstration Pre-Development
program is authorized by the
Consolidated Appropriations Act, 2008
(Pub. L. 110–161; approved December
26, 2007).
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II. Award Information
A. Funding Available. The
Consolidated Appropriations Act, 2008
(Pub. L. 110–161; approved December
26, 2007), authorized approximately
$20,000,000 for pre-development grants
to private nonprofit organizations and
consumer cooperatives in connection
with the development of housing under
the Section 202 Supportive Housing for
the Elderly program.
B. Funding Process. HUD will only
make offers to fully fund as many
applications as possible from the $20
million allocated for Sponsors that
receive Section 202 Fund Reservations
pursuant to the FY2008 SuperNOFA.
Applicants selected for funding under
the FY2008 Section 202 Supportive
Housing for the Elderly NOFA are not
guaranteed funding under this
demonstration program.
C. Maximum Grant Award. The
maximum grant amount per single
application is $400,000. However, no
more than $800,000 may be awarded to
a single entity or its affiliated
organizations. The amount of funding
requested must be within the maximum
grant award amounts or the application
will not receive funding consideration.
D. Reduction of Requested Grant
Amount. HUD may make an award in an
amount less than requested, if:
1. HUD determines that any of the
proposed pre-development activities are
ineligible for funding under the Section
202 Supportive Housing for the Elderly
program;
2. HUD determines that an eligible
applicant has not been able to provide
sufficient evidence to support the
proposed cost of an eligible predevelopment item or activity;
3. HUD determines that a reduced
grant would prevent duplicative federal
funding; or
4. HUD determines that proposed
costs for pre-development activities are
not based on comparable costs for
eligible items and activities in the
applicant’s community. HUD field office
staff will review proposed costs in
accordance with customary and
reasonable costs for such items within
the geographical jurisdiction of the
respective Multifamily Hub and/or
Multifamily Program Center Office. If
requested by HUD, eligible applicants
must provide supportable evidence of
comparable costs for proposed
activities.
E. Term of Funded Activities. The
grant term is 18 months from the date
of the Section 202 Supportive Housing
for the Elderly Agreement Letter to
Initial Closing. Funds not expended by
the end of the grant term are subject to
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recapture and/or repayment if expended
on ineligible activities. Failure to
complete the development processing of
the Section 202 project by the end of the
grant term may result in grant
termination, grant reduction, or other
action deemed appropriate by HUD.
HUD may use past performance in
making future funding decisions.
III. Eligibility Information
A. Eligible Applicants
1. All private nonprofit organizations
and nonprofit consumer cooperatives
that submitted an application for
funding consideration under the
FY2008 SuperNOFA for the Section 202
Supportive Housing for the Elderly
program are eligible to apply for funding
under this Demonstration PreDevelopment Grant program. (Please
refer to the Section 202 Program NOFA
published with the FY2008 SuperNOFA
and the FY2008 SuperNOFA
SUPPLEMENTARY INFORMATION for a
discussion on the eligibility criteria for
the Section 202 program.) However,
funding awards under this Section 202
Demonstration Pre-Development Grant
program will be restricted to those
applicants that are selected for Fund
Reservation Awards under the FY2008
SuperNOFA for the Section 202
Supportive Housing for the Elderly
program. Funding under this Program
will not be fair shared to each HUD
office.
2. Ineligible applicants. Ineligible
applicants include:
a. Applicants that failed to submit a
request for Fund Reservation under
FY2008 Section 202 Program NOFA.
b. Applications from eligible
applicants that do not receive a Fund
Reservation Award under the FY2008
SuperNOFA for the Section 202
program.
c. Applications from applicants that
are ineligible under the Section 202
program including public bodies and
instrumentalities of public bodies.
d. Applicants submitting proposals
involving mixed-financing for
additional units.
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B. Cost Sharing or Matching
No match required.
C. Other
1. Requirements and Procedures. To
receive and administer funding under
this demonstration program, applicants
must fully satisfy the eligibility
requirements for participation in the
Section 202 Supportive Housing for the
Elderly program as well as comply with
the following:
a. Statutory and Regulatory
Requirements. You must comply with
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all statutory, regulatory, threshold, and
public policy requirements listed in the
General Section.
b. Allowable Use of Funds. Predevelopment grant funds may be used to
cover the cost of pre-development
activities relating to the development of
supportive housing for the elderly under
the Section 202 program as described in
Section IV.E.1. (‘‘Eligible Activities’’).
However, before a grantee can enter into
a contract for professional services, the
entity must receive approval under the
form HUD–2530 clearance process.
Such entities include, but are not
limited to, housing consultants
(including those instances where
eligible sponsors proposed to provide
such services), general contractors, and
management agents.
c. Organizational Costs. Eligible
organizational expenses and/or costs are
limited to those incurred in connection
with the organization of an owner
entity, pursuant to the requirements of
the Section 202 Supportive Housing for
the Elderly program.
d. Site Control. Applicants are
required to provide evidence of site
control, consistent with the
requirements of the Section 202
program, as a condition to being funded
under the FY2008 Section 202 NOFA.
Applicants who receive funding awards
under this NOFA may utilize this
funding to extend site control in
accordance with the site control
requirements under the Section 202
Supportive Housing for the Elderly
program. For further discussion, see the
Section 202 Program NOFA published
as part of the FY2008 SuperNOFA and
the FY2008 SuperNOFA SUPPLEMENTARY
INFORMATION:
e. Phase I and Phase II Environmental
Site Assessments (ESA). The
requirements for Phase I and II ESAs are
the same as those that apply to the
Section 202 Supportive Housing for the
Elderly program and are contained in
the Section 202 Program NOFA
published as part of the FY2008
SuperNOFA and the FY2008
SuperNOFA SUPPLEMENTARY
INFORMATION.
f. False Statements. See the General
Section of the FY2008 SuperNOFA.
g. Delinquent Federal Debts. In
addition to the requirements in the
General Section of the FY2008
SuperNOFA, applicants at the time of
award that have federal debt or are in
default of an agreement with the
Internal Revenue Service (IRS) will not
be funded. Applicants selected for
funding have an obligation to report to
HUD changes in status of a current IRS
agreement covering federal debt.
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2. Program Related Threshold
Requirements. In addition to the
threshold requirements in the General
Section of the FY2008 SuperNOFA,
applicants must adhere to all programspecific threshold requirements, as
detailed in this NOFA. HUD will
consider an application non-responsive
to this NOFA and will not accept it for
processing if the applicant:
a. Is determined to be ineligible
(Please refer to Section III.A of this
NOFA for a more detailed discussion on
ineligible applicants);
b. Requested more than the maximum
grant amount;
c. Is granted a waiver to submit a
paper application, but fails to submit
the required original and four copies; or
d. Failed to submit the threshold
requirements as identified by the
asterisk (*) in Section IV.B. of this
Program NOFA by the deadline date.
IV. Application and Submission
Information
A. Addresses to Request Application
Package. All information needed for the
preparation and submission of this
application is included in this Program
NOFA and the General Section of the
FY2008 SuperNOFA and the FY2008
SuperNOFA SUPPLEMENTARY
INFORMATION. Copies of the General
Section, this Program NOFA, and
needed forms are found in the
instructions and application downloads
which are on the Grants.gov Web site at
www.Grants.gov. If you have difficulty
accessing the information, you may call
the Grants.gov Support Desk toll free at
800–518–GRANTS or e-mail your
questions to Support@Grants.gov. The
Support Desk staff will assist you in
accessing the information.
Your application must be transmitted
electronically using www.Grants.gov/
applicant/apply_for_grants.jsp unless
you request and receive a waiver of the
requirement for electronic application
submittal. See the General Section, the
Introduction to the FY2008 SuperNOFA
and the FY2008 SuperNOFA
SUPPLEMENTARY INFORMATION for further
information and instructions pertaining
to electronic application submission
and waiver request requirements.
For applicants receiving a waiver to
submit a paper application, an original
and 4 copies of the completed
application package must be received by
the appropriate local HUD office on or
before December 9, 2008. See https://
www.hud.gov/offices/adm/grants/
fundsavail.cfm (select ‘‘Important
Information Related to the SuperNOFA’’
and then select ‘‘Field Offices’’) for a
complete listing of the Multifamily Hub
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Offices and Multifamily Program
Centers.
B. Content and Form of Application
Submission.
You should ensure that your
application is complete before
transmitting it to the following Web site:
https://www.grants.gov/applicants/
apply_for_grants.jsp. In cases where a
waiver of electronic submission
requirement is granted, an original and
four copies must be submitted to the
appropriate HUD office. In addition, all
applicable documents must have an
original signature. Upon receipt of the
application by HUD staff, HUD will
screen all applications to determine if
there are any curable deficiencies. See
Section V.B.2. of this Program NOFA for
further discussion.
Applicants may submit more than one
application to a single field office.
However, no more than one application
may be submitted per project. Each
application must propose a separate
project, and the proposed development
must be located within the jurisdiction
of the appropriate field office. To be
eligible for review, all applications must
contain the required exhibits that
include form SF–424, form HUD–2880,
and the narrative discussions. Forms
needed for the application may be
obtained from https://www.grants.gov/
applicants/apply_for_grants.jsp.
Threshold items are identified by an
asterisk (*). Failure to include threshold
items in your initial application
submission will render your application
non-responsive and it will not be
considered for funding by HUD.
Applications must contain the required
exhibits as listed below:
1. Cover Letter. A brief narrative
detailing the project’s name, HUD
project number, and the name(s),
address(es), contact person name(s) and
telephone number(s) of the Sponsor(s).
The letter must also detail the total grant
amount being requested under this
Program NOFA.
2. Standard Form 424—Application
for Federal Assistance. Applicants must
enter their legal name in box 8.a. of the
SF–424 as it appears in the Central
Contractor Register (CCR). See the
General Section of the FY2008
SuperNOFA regarding CCR registration.
3. * Narrative Demonstrating Need for
Pre-development Funding. This exhibit
requires applicants to submit form
HUD–2880, Applicant/Recipient
Disclosure/Update Report (‘‘HUD
Applicant Recipient Disclosure Report’’
on Grants.gov). A disclosure of
assistance from other government
sources received in connection with the
project is required. Applicants must also
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submit a brief narrative describing the
financial circumstances that resulted in
your need to apply for funding
assistance with pre-development
activities and how the lack of such
assistance has impacted the
organization’s previous or current
development efforts.
4. * Proposed Pre-development
Activities and Budget. This exhibit
requires applicants to submit a
spreadsheet that specifically identifies
the proposed activity(ies) and their
anticipated cost. The recommended
format is as follows:
Column 1—Clearly identify each
eligible pre-development activity being
proposed by the applicant.
Column 2—Identify the anticipated
cost for each activity.
The spreadsheet must identify the
total pre-development funding
assistance being proposed in the
application.
5. * Project Development Schedule.
This exhibit should include a detailed
development schedule which identifies
the pre-development activities being
proposed, their projected start and
completion dates, the projected
completion date for all pre-development
planning activities, and a brief narrative
describing the applicant’s plan for
monitoring this schedule of activities
and addressing delays should they
occur. All projected development
schedules must clearly demonstrate the
applicant’s ability to move its approved
FY2008 Section 202 elderly housing
project from Fund Reservation to Initial
Closing within 18 months of grant
approval and must provide a statement
addressing how access to predevelopment funding will assist the
applicant in moving its FY2008 Section
202 elderly housing project to Initial
Closing within 18 months of Fund
Reservation approval. The completion
of the Logic Model (form HUD–96010)
will assist you in responding to this
exhibit.
6. Program Outcome Logic Model
(HUD–96010). The Logic Model is
representative of this Section 202
Demonstration Pre-Development Grant
program proposal and it serves as the
‘‘executive summary’’ for this grant
request. Applicants must ensure that
their Logic Model accurately represents
the purpose of the funding request and
the expected impact on the
development process.
7. Third Party Documentation
Facsimile Transmittal (‘‘Facsimile
Transmittal Form’’ on Grants.gov)
(HUD–96011). This form must be used
as part of the electronic application to
transmit third party documents and
other information as described in the
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General Section of the SuperNOFA (if
applicable).
8. Acknowledgment of Application
Receipt (HUD–2993). This is not
required for applications submitted
electronically.
9. Client Comments and Suggestions
(HUD–2994). This is optional.
If changes have been made to any of
the forms that were submitted under the
FY2008 Section 202 NOFA, HUD
requires that the updated form(s) be
resubmitted under this Demonstration
Pre-Development Grant NOFA.
10. SF–424 Supplement, Survey for
Ensuring Equal Opportunity for
Applicants (‘‘Faith Based EEO Survey
(SF–424 SUPP)’’ on Grants.gov).
11. SF-LLL, Disclosure of Lobbying
Activities, if applicable.
C. Submission Dates and Times. Your
application must be received and
validated electronically by Grants.gov
no later than 11:59:59 p.m. eastern time
by the application deadline date, unless
a waiver of the electronic delivery
process has been approved by HUD.
Please refer to the General Section of the
FY2008 SuperNOFA and Section IV.F.
below for instructions on applying for a
waiver. If a waiver is granted, HUD must
receive an original and four copies of
your application on December 9, 2008.
The notification approving your waiver
request will provide submission
instructions. Paper applications must be
received by the deadline date.
D. Intergovernmental Review. This
funding opportunity is subject to
Executive Order (EO) 12372,
‘‘Intergovernmental Review of Federal
Programs.’’ You must contact your
State’s Single Point of Contact (SPOC) to
find out about and comply with the
state’s process under EO 12372. The
names and addresses of the SPOCs are
listed in the Office of Management and
Budget’s home page at https://
www.whitehouse.gov/omb/grants/
spoc.html. If required by the state, the
submission to the state needs to occur
no later than the application deadline
date. HUD recommends that you
provide the state with sufficient time to
review the application. Therefore, it is
important that you consult with the
SPOC for State review timeframes and
take that into account when submitting
the application.
E. Funding Restrictions
1. Eligible Activities. Section 202
Demonstration Pre-Development Grant
program funds must be used exclusively
to facilitate planning, design, and predevelopment activities for projects
funded under the FY2008 SuperNOFA
for the Section 202 Supportive Housing
for the Elderly program. Such activities
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include architectural and engineering
work, site control planning, and other
planning activities related to the
development of a multifamily housing
project funded under the FY2008
Section 202 Supportive Housing for the
Elderly program. Grantees may not use
funds for land acquisition, leasing, new
construction, or property rehabilitation,
alteration, demolition, or disposition.
a. All expenses related to eligible
activities must be limited to those actual
costs that are incurred prior to initial
closing and be otherwise eligible
activities under the Section 202
program. Activities that are eligible for
funding include the following:
(1) Appraisals. The applicant’s cost
for obtaining an appraisal to establish
the fair market value of the proposed
site completed by a qualified and
licensed appraiser.
(2) Architect Services. The design fees
charged by licensed architectural/
engineering firms for architectural
services regarding the applicant’s
project.
(3) Engineering Services. Actual cost
of boundary survey, topographic survey,
soil borings and tests.
(4) Environmental Site Assessment.
Actual cost incurred for the
environmental site assessment, i.e.,
Phase I and Phase II.
(5) Consultant Services. Up to 20
percent of the total amount of the
contract between the applicant and its
consultant for services related to the
development and submission of an
approvable Section 202 Fund
Reservation Application.
(6) Cost Analysis. The cost of the
contract between the applicant and a
professional with experience in cost
estimation, for an independent cost
estimate needed to determine the
viability of a proposed project as
required for firm commitment
processing under the Section 202
program.
(7) Legal Fees. The cost for legal
services and title binder fees.
(8) Site Control. The applicant’s cost
for extending the time for site control of
the original site, including option costs
necessary to extend the option
agreement for up to 18 months, to the
closing target date. The proceeds of this
grant may not be used for site
acquisition.
(9) Market Studies. The applicant’s
cost for a study completed by a
qualified, independent, third party,
market research firm for purposes of
examining the need for and verifying
the marketability of the proposed
project.
(10) Organizational Expenses. The
actual cost related to the creation of an
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owner entity for the proposed project
pursuant to Section 202 program
regulations.
(11) Impact Fees. One-time fees local
governments charge Sponsor/Owners to
offset the impact such housing will have
on the community. (Typical impact fees
are traffic, solid waste, sewer, water,
electric, gas, police protection, and fire
protection).
(12) Relocation Expenses. If the
project involves displacement of site
occupants who are eligible for
relocation assistance, indicate the total
estimated cost.
(13) Building Permits and Variance
Fees. The cost of obtaining building
permits and variances.
2. Ineligible Activities. No proposed
activity that is deemed to be ineligible
will be funded from the Demonstration
Pre-Development Grant funds.
a. Section 202 Demonstration PreDevelopment Grant program funds may
not be used for the following:
(1) To acquire sites or other real
property, to fund organizational
overhead and/or operating expenses, for
staff salaries, or to fund any planning
activity that is otherwise ineligible for
assistance under the Section 202
Supportive Housing for the Elderly
program.
(2) To meet Minimum Capital
Investment (MCI) requirements for the
Section 202 program.
(3) To meet Performance/Payment
Bonds (dual obligee).
(4) To pay taxes and interest.
(5) To pay bond premium, builder’s
risk, liability insurance, fidelity bond
insurance, performance bond insurance,
cash bond, and insurance premiums.
b. In the event that funding awarded
under this program is utilized for
activities or purposes that have not been
approved by HUD, the Department will
seek repayment or any other available
remedies.
3. Applicants submitting proposals
involving mixed-financing for
additional units are not eligible to be
considered for pre-development funding
under this NOFA.
F. Other Submission Requirements
Application Submission and Receipt
Procedures. This section provides the
application submission and receipt
instructions for HUD program
applications. Refer to the General
Section for specific procedures for
additional information on application
submission requirements.
1. Electronic Delivery. Demonstration
Pre-Development Grant applicants must
submit their applications electronically
through https://www.grants.gov/
applicants/apply_for_grants.jsp, unless
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a waiver is granted. Please be advised
that Grants.gov will not accept
Microsoft Vista or Microsoft 2007
operating systems. Applicants must use
Microsoft Windows XP versions 2003
and below, or your application will not
be accepted.
a. The https://www.grants.gov/
applicants/apply_for_grants.jsp Web
site offers a simple, unified application
process. Submission requires an
authenticated signature and registration
at Grants.gov. There are five steps to
complete the registration process and
information is available at the
www.grants.gov Web site. Applicants
should carefully read HUD’s Federal
Register Notice on Early Registration
published on March 10, 2008 (73 FR
12751), and start the Grants.gov
registration process immediately upon
publication of this NOFA. The
registration process can take several
weeks to complete.
b. In addition, applicants should
carefully read the General Section, the
Introduction to the FY2008 SuperNOFA
and the FY2008 SuperNOFA
SUPPLEMENTARY INFORMATION.
These notices alert applicants to a
recent change in the registration process
with the Central Contractor Registry
(CCR). As of August 1, 2006, CCR
registrants will not be able to enter or
modify their name and address
information, because it will be prepopulated using Dun and Bradstreet
(D&B) Data Universal Numbering
System (DUNS) record data. During a
new registration or when updating a
record, CCR registrants will have a
choice to accept or reject the
information provided from D&B. If the
CCR registrant agrees with the D&B
supplied information, the D&B data will
be accepted into the CCR registrant
record. If the CCR registrant disagrees
with the D&B supplied information, the
registrant will need to go to the D&B
Web site, https://fedgov.dnb.com/
webform, to modify the information
contained in the D&B record before
proceeding with its CCR registration.
See further details in the above
referenced FR Notice.
2. Instructions on how to submit an
electronic application to HUD via
grants.gov/Apply are contained in
section IV.F. of the General Section.
Also, Grants.gov has a full set of
instructions on how to apply for funds
on its Web site at https://
www.grants.gov/applicants/
apply_for_grants.jsp. In addition, HUD
has published a Desktop User Guide for
Submitting Electronic Grant
Applications which is available on
HUD’s Web site at https://www.hud.gov/
utilities/intercept.cfm?/offices/adm/
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grants/deskuserguide.pdf. The guide
contains screen shots and detailed
instructions. Applicants are encouraged
to read all sources of instructions
carefully.
3. Waiver of Electronic Submission
Requirement. HUD will only accept
electronic applications submitted
through https://www.grants.gov/
applicants/apply_for_grants.jsp unless
the applicant has received a waiver.
Applicants that are unable to submit
their application electronically must
seek a waiver of the electronic grant
submission requirement. Waiver
requests must be submitted no later than
15 days before the application deadline
date. Waiver requests must be submitted
by mail or by fax. For this Program
NOFA, e-mail requests will not be
considered. Waiver requests submitted
by mail or fax should be submitted on
the applicant’s letterhead and signed by
an official with the legal authority to
request a waiver from the Department.
The request must be addressed to the
Assistant Secretary for Housing at the
following address: Brian D.
Montgomery, Assistant Secretary for
Housing-Federal Housing
Commissioner, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 9100, Washington,
DC 20410–8000. Waiver requests
submitted by fax must be sent to (202)
708–3104. If a waiver is granted, you
must submit the required number of
copies of your application to the
Director of the appropriate local HUD
office, and the application must be
received no later than that HUD office’s
close of business on the application
deadline date. The waiver approval
notification will identify the appropriate
HUD office where the application
should be submitted and the required
number of copies that must be
submitted.
4. Proof of Timely Submission.
Applicants must submit their
applications to https://www.grants.gov/
applicants/apply_for_grants.jsp in time
for receipt and validation at Grants.gov
by 11:59:59 p.m. Eastern time on the
application deadline date. Validation
can take 24–48 hours so applicants
should submit with ample time for the
process to be completed. Applicants are
also advised to submit 72 hours in
advance of the deadline so that they
have sufficient time to correct any
deficiencies that would prevent the
acceptance of your application by
Grants.gov. (Refer to the General Section
for specific procedures regarding proof
of timely submission of applications.)
5. Address for Submitting
Applications. Applications must be
submitted electronically through the
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https://www.grants.gov/applicants/
apply_for_grants.jsp, unless the
applicant receives a waiver from the
electronic application submission
requirement. See section IV of the
General Section, ‘‘Application
Submission and Receipt Procedures,’’
for information on applying online.
The applications submitted
electronically via https://
www.grants.gov/applicants/
apply_for_grants.jsp will be
electronically downloaded and
forwarded to the appropriate local HUD
office.
V. Application Review Information
A. Criteria
HUD Headquarters will select
applications for the Section 202
Demonstration Pre-Development Grant
based on the HUD Multifamily Program
Center’s rating of the respective FY2008
Section 202 applications. HUD will
award funding under the following
process until all available funding has
been exhausted.
B. Review and Selection Process
1. HUD’s application review process
will include, but is not limited to, an
eligibility review of each predevelopment planning activity being
proposed by the applicant, the
reasonableness of the proposed cost for
each activity, the reasonableness of the
applicant’s proposed budget, and the
ability of project Sponsors to expedite
the development processing of projects
from Section 202 Fund Reservation to
Initial Closing within the 18 month
timeframe. All activities must be related
to the development of the Section 202
housing project selected under the
FY2008 Section 202 Supportive
Housing for the Elderly program and be
otherwise eligible activities under the
Section 202 program.
2. Review for Curable Deficiencies. A
curable deficiency is a missing exhibit
or portion of an exhibit that will not
affect the eligibility of the applicant.
The exhibits identified by asterisk (*) as
threshold requirements must be dated
on or before the application deadline
date. Refer to the General Section of the
SuperNOFA for additional information
regarding procedures for corrections to
deficient applications. HUD will screen
all applications received by the
application submission deadline for
curable deficiencies. The HUD Office
will notify you in writing if your
application is missing any of the
exhibits or portions of exhibits, as listed
in Section IV.B. of this NOFA. You will
then be given 14 calendar days from the
date of the HUD written notification to
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submit the information required to cure
the noted deficiencies.
3. Review for Threshold
Requirements. All applications must
meet the threshold requirements
identified in the General Section of the
FY2008 SuperNOFA and in Section
IV.B. and Section III.C.2. of this Program
NOFA. Failure to meet any threshold
item will render an application
ineligible for funding consideration.
Please note that Section III.C.2. of the
General Section of the FY2008
SuperNOFA, and the items identified by
an asterisk (*) as listed in Section IV.B.
and in Section III.C.2. of this NOFA, are
also threshold requirements and must
be dated on or before the application
deadline date. Failure to satisfy all
threshold requirements at the time of
submission will render the application
in question as non-responsive to this
NOFA, and the application will be
subject to no further review. See the
General Section of the FY2008
SuperNOFA for additional procedures
for corrections to deficient applications.
4. Technical Review. HUD
Multifamily Field Office staff will
review applications that passed the
threshold review for compliance with
the eligibility criteria set forth in this
NOFA. However, HUD will not reject
your application based on technical
review without notifying you of that
rejection, the reason(s) for the rejection,
and providing you with an opportunity
to appeal. You will have 14 calendar
days from the date of HUD’s written
notice to appeal a technical rejection to
the HUD office. The HUD office will
make a determination on an appeal
before making its selection of projects to
be forwarded to HUD Headquarters.
HUD Field Office staff will forward to
Headquarters a listing of eligible
applications that were received by the
deadline date, that met all eligibility
criteria, that proposed reasonable costs
for eligible activities, and that included
all technical corrections by the
designated deadline date.
5. HUD Headquarters will select
Section 202 Demonstration PreDevelopment Grant applications based
on HUD Multifamily Program Centers’
rating of the respective FY2008 Section
202 application, beginning with the
highest rated application nationwide.
After this selection, HUD Headquarters
will select the next highest rated
application in another Program Center.
Only one application will be selected
per Multifamily Program Center.
However, if there are no approvable
applications in other Multifamily
Program Centers, the process will begin
again with the selection of the next
highest rated application nationwide.
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More than one application may be
selected per HUD Multifamily Program
Center if there are no other approvable
applications.
This process will continue into a
second and subsequent round(s) until
all approvable applications are selected
using the available remaining funds.
HUD Headquarters will fully fund as
many applications as allocated funds
will allow. HUD Headquarters will
review its selection results to ensure
that no single entity (including affiliated
entities) receives grant funding in excess
of $800,000. Once an organization
receives its maximum amount of grant
funding, no other projects from that
organization will be eligible for
selection from the succeeding rounds.
If there is a tie score between two or
more applications, HUD will select the
applicant with the highest score in
Rating Factor 1 of the FY2008 Section
202 application. If Rating Factor 1 is
scored identically, the score in Rating
Factor 2, 3, and 4, of the FY2008 Section
202 application, will be compared in
that order, until one of the applications
receives a higher score. If both
applications still score the same, then
the application which requests the least
funding will be selected.
6. Adjustments to Funding/Reduction
of Requested Grant Amount. See
Section II.D. of this Program NOFA.
VI. Award Administration Information
A. Award Notices. Following the
congressional notification process, HUD
will issue a press release announcing
the selection of awards. Once such an
announcement has been made,
successful applicants will receive their
selection letters and grant agreement,
including an approved Logic Model, via
regular or overnight mail. The grant
agreement is the legally binding
document that establishes a relationship
between HUD and the award recipient
organization. Once properly executed,
funds are obligated, and the
disbursement of funds is generally
authorized.
1. As a condition of receiving a grant
under this Section 202 Demonstration
Pre-Development program, Grantees
must open a separate, non-interest
bearing account for the receipt and
handling of these funds.
2. All applicants that were not
selected for funding will receive a nonselection letter.
3. You may request a debriefing on
your application in accordance with
section VI.A. of the General Section of
the FY2008 SuperNOFA. The request
must be made to the Director of
Multifamily Housing, in the HUD field
office that has jurisdiction over the
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20:11 Oct 09, 2008
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housing development identified in your
application, to which you sent your
application.
B. Administrative and National Policy
Requirements. The Consolidated
Appropriations Act 2008 (Pub. L. 110–
161) requires HUD to obligate all
Section 202 funds appropriated for
FY2008 by September 30, 2011. Under
31 U.S.C. 1551, no funds can be
disbursed from this account after
September 30, 2016. Under this Section
202 demonstration predevelopment
grant program obligation of funds occurs
upon execution of the Grant Agreement.
C. Reporting. Grantees must submit
quarterly updates of the Program
Outcome Logic Model (form HUD–
96010) as well as quarterly SF 269,
Financial Status Reports. In order for
HUD to evaluate the effectiveness of the
Demonstration Pre-Development Grant
program (DPG) funding, each Logic
Model must indicate the results
achieved against the proposed output
goal(s) and proposed outcome(s) which
were stated in the FY2008 Section 202
DPG program application and agreed
upon by HUD. HUD requires that
funded recipients collect racial and
ethnic beneficiary data. It has adopted
the Office of Management and Budget’s
(OMB) Standards for Collection of
Racial and Ethnic Data. In view of these
requirements, you should use form
HUD–27061, Racial and Ethnic Data
Reporting Form (and instructions for its
use) found on https://www.HUDclips.org.
D. Environmental Requirements. The
provision of assistance under this NOFA
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321) and not subject to
compliance action for related
environmental authorities under 24 CFR
50.19(b)(1), (3), (5), (8) and (16).
E. Environmental Impact. This NOFA
does not direct, provide for assistance or
loan and mortgage insurance for, or
otherwise govern or regulate, real
property acquisition, disposition,
leasing, rehabilitation, alteration,
demolition, or new construction, or
establish, revise or provide for standards
for construction or construction
materials, manufactured housing, or
occupancy. Accordingly, under 24 CFR
50.19(c)(1), this NOFA is categorically
excluded from environmental review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321).
VII. Agency Contacts
A. For programmatic information you
may contact the appropriate local HUD
office, or Denise Taylor-Parker at HUD
Headquarters at (202) 402–2892, or via
the Internet at Denise_Taylor-Parker
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60317
@hud.gov. Persons with hearing and
speech impairments may access the
above number via TTY by calling the
toll-free Federal Relay Service at 1–800–
877–8339.
B. For technical assistance in
downloading and submitting an
application package through https://
www.grants.gov/applicants/apply_for_
grants.jsp, contact the Grants.gov Help
Desk at 1–800–518–GRANTS, or by
sending an e-mail to
support@grants.gov.
VIII. Other Information
A. Section 102 of the HUD Reform Act,
Documentation and Public Access
Requirements. Section 102 of the
Department of Housing and Urban
Development Reform Act of 1989 (42
U.S.C. 3545) (HUD Reform Act) and the
regulations codified at 24 CFR part 4,
subpart A, contain a number of
provisions that are designed to ensure
greater accountability and integrity in
the provision of certain types of
assistance administered by HUD. On
January 14, 1992, HUD published a
notice that also provides information on
the implementation of Section 102 (57
FR 1942). The documentation, public
access, and disclosure requirements of
Section 102 apply to assistance awarded
under this NOFA as follows:
1. Documentation. HUD will ensure
that documentation and other
information regarding each application
submitted pursuant to this NOFA are
sufficient to indicate the basis upon
which assistance was provided or
denied. This material, including any
letters of support, will be made
available for public inspection for a 5year period beginning not less than 30
days after the award of the assistance.
Material will be made available in
accordance with the Freedom of
Information Act (5 U.S.C. 552) and
HUD’s implementing regulations (24
CFR part 15).
2. Disclosures. HUD will make
available to the public for 5 years all
applicant disclosure reports (form
HUD–2880) submitted in connection
with this NOFA. Update reports (also
reported on form HUD–2880) will be
made available along with the applicant
disclosure reports, but in no case for a
period of less than 3 years. All reports,
both applicant disclosures and updates,
will be made available in accordance
with the Freedom of Information Act (5
U.S.C. 552) and HUD’s implementing
regulations (24 CFR part 15).
3. Publication of Recipients of HUD
Funding. HUD will publish a notice in
the Federal Register to notify the public
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60318
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of all decisions made by HUD to
provide:
a. Assistance subject to Section 102(a)
of the HUD Reform Act; and
b. Assistance provided through grants
or cooperative agreements on a
discretionary (non-formula, nondemand) basis, but that is not provided
on the basis of a competition.
B. Section 103 of the HUD Reform
Act. HUD’s regulations implementing
Section 103 of the Department of
Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3537a),
codified at 24 CFR part 4, subpart B,
apply to this funding competition. The
regulations continue to apply until the
announcement of the selection of
successful applicants. HUD employees
involved in the review of applications
and in the making of funding decisions
are prevented by the regulations from
providing advance information to any
person (other than an authorized
employee of HUD) concerning funding
decisions or from otherwise giving any
applicant an unfair competitive
advantage. Persons who apply for
assistance in this competition should
confine their inquiries to the subject
areas permitted under 24 CFR part 4.
Applicants or employees who have
ethics-related questions should contact
the HUD Ethics Law Division at (202)
708–3815. (This is not a toll-free
number.) HUD employees who have
specific program questions should
contact the appropriate field office
counsel or Headquarters counsel for the
program to which the question pertains.
C. Paperwork Reduction Act
Statement. The information collection
requirements contained in this
document are currently approved by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520) and
assigned OMB control number 2502–
0267. In accordance with the Paperwork
Reduction Act, HUD may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection displays a
currently valid OMB control number.
Public reporting burden for the
collection of information is estimated to
average 4 hours per annum per
respondent for the application and grant
administration. This includes the time
for collecting, reviewing, and reporting
the data for the application, semi-annual
reports and final report. The
information will be used for grantee
selection and monitoring the
administration of funds. Response to
this request for information is required
in order to receive the benefits to be
derived.
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Dated: October 2, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary
for Housing.
[FR Doc. E8–24196 Filed 10–9–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Final Environmental Impact Statement
and Record of Decision for the
Proposed Absaloka Mine Crow
Reservation South Extension Coal
Lease Approval, Mine Development
Plan and Related Federal and State
Permitting Actions, Big Horn County,
MT
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice advises the public
that the Bureau of Indian Affairs (BIA)
and the Montana Department of
Environmental Quality (MDEQ) as joint
lead agencies, with the Crow Tribe of
Indians, the Office of Surface Mining
Reclamation and Enforcement (OSMRE),
the Bureau of Land Management (BLM)
and the U.S. Environmental Protection
Agency (EPA), as cooperating agencies,
intend to file a Final Environmental
Impact Statement (FEIS) with the EPA
for the proposed extension of the
existing Absaloka mine onto the Crow
Indian Reservation and for related
federal and state permitting actions.
This notice also announces that the BIA
will simultaneously issue its Record of
Decision (ROD) for approval of the
Westmoreland Resources, Inc. (WRI)
lease with the Crow Tribe for the South
Extension coal lease tract on the
Reservation, and the approval of all
surface use agreements between WRI
and the allottee surface owners in the
South Extension tract. The FEIS and
ROD are now available for public
review.
DATES: The waiting period for the FEIS
and the appeal period for the ROD end
on November 10, 2008. Any written
comments on the FEIS must arrive by
November 10, 2008.
ADDRESSES: You may mail or hand carry
written comments on the FEIS to George
Gover, Superintendent; Crow Agency,
P.O. Box 69; Crow Agency, MT.
Directions on how and where to file
appeals are included in the ROD.
You may review the FEIS and ROD at
BIA, Weaver Avenue, Building 2, Crow
Agency, MT; BIA, Rocky Mountain
Regional Office, 316 N. 26th Street
(Environmental, Cultural and Safety—
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Frm 00091
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Room 4433), Billings, MT; BLM,
Montana State Office (Solid Minerals
Section), 5001 Southgate Drive, Billings,
MT; EPA, 10 W. 15th Street, Suite 3200,
Helena, MT; MDEQ, 1520 E. 6th
Avenue, Helena, MT; the Crow Tribal
Office, Crow Agency, MT; Big Horn
County Library, Hardin, MT; or Little
Bighorn College Library, Crow Agency,
MT. The documents are also available
on the Internet at https://
www.deq.mt.gov.
Computer disk copies of the FEIS may
be obtained by contacting Rick Stefanic,
Regional Environmental Protection
Officer, Rocky Mountain Region, at 316
N. 26th Street, Billings, MT 59101, or at
the telephone number provided below.
Copies have been mailed to parties on
the distribution list and to others who
commented during the development
and review process for this EIS.
FOR FURTHER INFORMATION CONTACT: Rick
Stefanic, (406) 247–7911.
SUPPLEMENTARY INFORMATION: WRI has
operated the Absaloka Mine on the
existing Tract III Crow Indian coal lease
in the Crow Ceded Area since 1974.
WRI proposes to advance surface coal
mining operations southward onto the
Crow Reservation pursuant to the terms
of an agreement with the Crow Tribe
under the Indian Mineral Development
Act (IMDA). The legal description for
the coal acreage on the Reservation is
generally given as being within T.1S.,
R.37E., Sections 1, 12, 13; and T.1S.,
R.38E., Sections 8, 9, 10, 11, 14, 15, 16,
17, 20, and 21; Montana Principal
Meridian. This area totals 3,660.23 acres
in Big Horn County, Montana. All of the
minerals are owned by the Crow Tribe.
The surface estate is owned by the Crow
Tribe (32%), allotted Indian owners
(14%), and non-Indian fee owners
(54%).
The FEIS analyzes three alternatives,
the Proposed Action, Alternative One,
and No Action. Under the Proposed
Action, the MDEQ and OSMRE would
approve Absaloka Mine’s proposed
Tract III Revision. The BIA would
approve the IMDA lease for the
proposed South Extension and the
surface use agreements between the
allottee surface owners and WRI; and
OSMRE would approve the mining
permit for the South Extension. Under
this alternative, approximately 76.6
million tons of additional coal would be
recovered, and the mine life would be
extended until about 2023.
Under Alternative One, WRI would
not implement the South Extension
development plan on the Crow Indian
Reservation if the BIA does not approve
the IMDA lease for the South Extension
tract. Furthermore, because the South
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[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60312-60318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24196]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5218-N-01]
Notice of Funding Availability for the Section 202 Demonstration
Pre-Development Grant Program
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of funding availability.
-----------------------------------------------------------------------
Overview Information
A. Federal Agency Name: Department of Housing and Urban
Development, Office of Housing.
B. Funding Opportunity Title: Section 202 Demonstration Pre-
Development Grant Program.
C. Announcement Type: Initial announcement.
D. Funding Opportunity Number: The OMB approval number for this
NOFA is 2502-0267. The Federal Register number is FR-5218-N-01.
E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.157,
Section 202 Demonstration Pre-Development Grant Program.
F. Dates: The application deadline date is: December 16, 2008. All
applications must be received and validated by Grants.gov no later than
11:59:59 pm Eastern Time on the application deadline date. Refer to the
General Section of the SuperNOFA published on March 19, 2008 (72 FR
14882) (General Section), the FY2008 SuperNOFA published on May 12,
2008 (72 FR 27032) (SuperNOFA) and the Notice of HUD's FY2008 SuperNOFA
for HUD's Discretionary Programs; Correction for Section 202 and
Section 811 Programs published on June 9, 2008 (72 FR 32592) (SuperNOFA
SUPPLEMENTARY INFORMATION) and Section IV of this Program NOFA for
further information about application, submission, and timely receipt
requirements.
G. Additional Overview Content Information: Applicants must be
registered to apply on line at Grants.gov to submit an application.
Private nonprofit organizations and nonprofit consumer cooperatives
interested in applying for funding under this program, in addition to
this Program Section, should carefully review the General Section, the
SuperNOFA, and the SuperNOFA SUPPLEMENTARY INFORMATION, and the
information detailed in this Program NOFA, which covers the
registration, submission, timely receipt, and additional requirements
for this funding opportunity. Applicants are advised to start the
registration process immediately upon publication of this NOFA.
Registration can take several weeks to complete.
Full Text Of Announcement
I. Funding Opportunity Description
A. Program Description. The purpose of this Demonstration Pre-
Development Grant program is to assist Sponsors of projects that
receive Fund Reservation Awards pursuant to the FY2008 SuperNOFA for
the Section 202 Supportive Housing for the Elderly program by providing
pre-development grant funding for architectural and engineering work,
site control, and other planning related expenses that are eligible for
funding under the Section 202 Supportive Housing for the Elderly
program. Subsequent to providing pre-development grant funding to the
selected applicants, HUD will assess the impact of the availability of
such funding on the ability of project Sponsors to expedite the
development processing of projects from Section 202 Fund Reservation to
Initial Closing within 18 months.
HUD is aware of the complexities of developing Section 202 projects
and understands that a lack of pre-development funding may be a
contributing factor in many instances where project Sponsors are not
able to move their approved projects from Fund Reservation award to
Initial Closing within the required 18-month time frame. Funding under
this program is not intended to duplicate Section 202 Capital Advance
funding, but rather to provide a source of funding for pre-development
costs that would otherwise not be reimbursable until Initial Closing or
would be payable from eligible funding resources secured outside of
Section 202 Capital Advance funding.
B. Authority. The Section 202 Demonstration Pre-Development program
is authorized by the Consolidated Appropriations Act, 2008 (Pub. L.
110-161; approved December 26, 2007).
II. Award Information
A. Funding Available. The Consolidated Appropriations Act, 2008
(Pub. L. 110-161; approved December 26, 2007), authorized approximately
$20,000,000 for pre-development grants to private nonprofit
organizations and consumer cooperatives in connection with the
development of housing under the Section 202 Supportive Housing for the
Elderly program.
B. Funding Process. HUD will only make offers to fully fund as many
applications as possible from the $20 million allocated for Sponsors
that receive Section 202 Fund Reservations pursuant to the FY2008
SuperNOFA. Applicants selected for funding under the FY2008 Section 202
Supportive Housing for the Elderly NOFA are not guaranteed funding
under this demonstration program.
C. Maximum Grant Award. The maximum grant amount per single
application is $400,000. However, no more than $800,000 may be awarded
to a single entity or its affiliated organizations. The amount of
funding requested must be within the maximum grant award amounts or the
application will not receive funding consideration.
D. Reduction of Requested Grant Amount. HUD may make an award in an
amount less than requested, if:
1. HUD determines that any of the proposed pre-development
activities are ineligible for funding under the Section 202 Supportive
Housing for the Elderly program;
2. HUD determines that an eligible applicant has not been able to
provide sufficient evidence to support the proposed cost of an eligible
pre-development item or activity;
3. HUD determines that a reduced grant would prevent duplicative
federal funding; or
4. HUD determines that proposed costs for pre-development
activities are not based on comparable costs for eligible items and
activities in the applicant's community. HUD field office staff will
review proposed costs in accordance with customary and reasonable costs
for such items within the geographical jurisdiction of the respective
Multifamily Hub and/or Multifamily Program Center Office. If requested
by HUD, eligible applicants must provide supportable evidence of
comparable costs for proposed activities.
E. Term of Funded Activities. The grant term is 18 months from the
date of the Section 202 Supportive Housing for the Elderly Agreement
Letter to Initial Closing. Funds not expended by the end of the grant
term are subject to
[[Page 60313]]
recapture and/or repayment if expended on ineligible activities.
Failure to complete the development processing of the Section 202
project by the end of the grant term may result in grant termination,
grant reduction, or other action deemed appropriate by HUD. HUD may use
past performance in making future funding decisions.
III. Eligibility Information
A. Eligible Applicants
1. All private nonprofit organizations and nonprofit consumer
cooperatives that submitted an application for funding consideration
under the FY2008 SuperNOFA for the Section 202 Supportive Housing for
the Elderly program are eligible to apply for funding under this
Demonstration Pre-Development Grant program. (Please refer to the
Section 202 Program NOFA published with the FY2008 SuperNOFA and the
FY2008 SuperNOFA SUPPLEMENTARY INFORMATION for a discussion on the
eligibility criteria for the Section 202 program.) However, funding
awards under this Section 202 Demonstration Pre-Development Grant
program will be restricted to those applicants that are selected for
Fund Reservation Awards under the FY2008 SuperNOFA for the Section 202
Supportive Housing for the Elderly program. Funding under this Program
will not be fair shared to each HUD office.
2. Ineligible applicants. Ineligible applicants include:
a. Applicants that failed to submit a request for Fund Reservation
under FY2008 Section 202 Program NOFA.
b. Applications from eligible applicants that do not receive a Fund
Reservation Award under the FY2008 SuperNOFA for the Section 202
program.
c. Applications from applicants that are ineligible under the
Section 202 program including public bodies and instrumentalities of
public bodies.
d. Applicants submitting proposals involving mixed-financing for
additional units.
B. Cost Sharing or Matching
No match required.
C. Other
1. Requirements and Procedures. To receive and administer funding
under this demonstration program, applicants must fully satisfy the
eligibility requirements for participation in the Section 202
Supportive Housing for the Elderly program as well as comply with the
following:
a. Statutory and Regulatory Requirements. You must comply with all
statutory, regulatory, threshold, and public policy requirements listed
in the General Section.
b. Allowable Use of Funds. Pre-development grant funds may be used
to cover the cost of pre-development activities relating to the
development of supportive housing for the elderly under the Section 202
program as described in Section IV.E.1. (``Eligible Activities'').
However, before a grantee can enter into a contract for professional
services, the entity must receive approval under the form HUD-2530
clearance process. Such entities include, but are not limited to,
housing consultants (including those instances where eligible sponsors
proposed to provide such services), general contractors, and management
agents.
c. Organizational Costs. Eligible organizational expenses and/or
costs are limited to those incurred in connection with the organization
of an owner entity, pursuant to the requirements of the Section 202
Supportive Housing for the Elderly program.
d. Site Control. Applicants are required to provide evidence of
site control, consistent with the requirements of the Section 202
program, as a condition to being funded under the FY2008 Section 202
NOFA. Applicants who receive funding awards under this NOFA may utilize
this funding to extend site control in accordance with the site control
requirements under the Section 202 Supportive Housing for the Elderly
program. For further discussion, see the Section 202 Program NOFA
published as part of the FY2008 SuperNOFA and the FY2008 SuperNOFA
SUPPLEMENTARY INFORMATION:
e. Phase I and Phase II Environmental Site Assessments (ESA). The
requirements for Phase I and II ESAs are the same as those that apply
to the Section 202 Supportive Housing for the Elderly program and are
contained in the Section 202 Program NOFA published as part of the
FY2008 SuperNOFA and the FY2008 SuperNOFA SUPPLEMENTARY INFORMATION.
f. False Statements. See the General Section of the FY2008
SuperNOFA.
g. Delinquent Federal Debts. In addition to the requirements in the
General Section of the FY2008 SuperNOFA, applicants at the time of
award that have federal debt or are in default of an agreement with the
Internal Revenue Service (IRS) will not be funded. Applicants selected
for funding have an obligation to report to HUD changes in status of a
current IRS agreement covering federal debt.
2. Program Related Threshold Requirements. In addition to the
threshold requirements in the General Section of the FY2008 SuperNOFA,
applicants must adhere to all program-specific threshold requirements,
as detailed in this NOFA. HUD will consider an application non-
responsive to this NOFA and will not accept it for processing if the
applicant:
a. Is determined to be ineligible (Please refer to Section III.A of
this NOFA for a more detailed discussion on ineligible applicants);
b. Requested more than the maximum grant amount;
c. Is granted a waiver to submit a paper application, but fails to
submit the required original and four copies; or
d. Failed to submit the threshold requirements as identified by the
asterisk (*) in Section IV.B. of this Program NOFA by the deadline
date.
IV. Application and Submission Information
A. Addresses to Request Application Package. All information needed
for the preparation and submission of this application is included in
this Program NOFA and the General Section of the FY2008 SuperNOFA and
the FY2008 SuperNOFA SUPPLEMENTARY INFORMATION. Copies of the General
Section, this Program NOFA, and needed forms are found in the
instructions and application downloads which are on the Grants.gov Web
site at www.Grants.gov. If you have difficulty accessing the
information, you may call the Grants.gov Support Desk toll free at 800-
518-GRANTS or e-mail your questions to Support@Grants.gov. The Support
Desk staff will assist you in accessing the information.
Your application must be transmitted electronically using
www.Grants.gov/applicant/apply_for_grants.jsp unless you request and
receive a waiver of the requirement for electronic application
submittal. See the General Section, the Introduction to the FY2008
SuperNOFA and the FY2008 SuperNOFA SUPPLEMENTARY INFORMATION for
further information and instructions pertaining to electronic
application submission and waiver request requirements.
For applicants receiving a waiver to submit a paper application, an
original and 4 copies of the completed application package must be
received by the appropriate local HUD office on or before December 9,
2008. See https://www.hud.gov/offices/adm/grants/fundsavail.cfm (select
``Important Information Related to the SuperNOFA'' and then select
``Field Offices'') for a complete listing of the Multifamily Hub
[[Page 60314]]
Offices and Multifamily Program Centers.
B. Content and Form of Application Submission.
You should ensure that your application is complete before
transmitting it to the following Web site: https://www.grants.gov/
applicants/apply_for_grants.jsp. In cases where a waiver of
electronic submission requirement is granted, an original and four
copies must be submitted to the appropriate HUD office. In addition,
all applicable documents must have an original signature. Upon receipt
of the application by HUD staff, HUD will screen all applications to
determine if there are any curable deficiencies. See Section V.B.2. of
this Program NOFA for further discussion.
Applicants may submit more than one application to a single field
office. However, no more than one application may be submitted per
project. Each application must propose a separate project, and the
proposed development must be located within the jurisdiction of the
appropriate field office. To be eligible for review, all applications
must contain the required exhibits that include form SF-424, form HUD-
2880, and the narrative discussions. Forms needed for the application
may be obtained from https://www.grants.gov/applicants/apply_for_
grants.jsp. Threshold items are identified by an asterisk (*). Failure
to include threshold items in your initial application submission will
render your application non-responsive and it will not be considered
for funding by HUD. Applications must contain the required exhibits as
listed below:
1. Cover Letter. A brief narrative detailing the project's name,
HUD project number, and the name(s), address(es), contact person
name(s) and telephone number(s) of the Sponsor(s). The letter must also
detail the total grant amount being requested under this Program NOFA.
2. Standard Form 424--Application for Federal Assistance.
Applicants must enter their legal name in box 8.a. of the SF-424 as it
appears in the Central Contractor Register (CCR). See the General
Section of the FY2008 SuperNOFA regarding CCR registration.
3. * Narrative Demonstrating Need for Pre-development Funding. This
exhibit requires applicants to submit form HUD-2880, Applicant/
Recipient Disclosure/Update Report (``HUD Applicant Recipient
Disclosure Report'' on Grants.gov). A disclosure of assistance from
other government sources received in connection with the project is
required. Applicants must also submit a brief narrative describing the
financial circumstances that resulted in your need to apply for funding
assistance with pre-development activities and how the lack of such
assistance has impacted the organization's previous or current
development efforts.
4. * Proposed Pre-development Activities and Budget. This exhibit
requires applicants to submit a spreadsheet that specifically
identifies the proposed activity(ies) and their anticipated cost. The
recommended format is as follows:
Column 1--Clearly identify each eligible pre-development activity
being proposed by the applicant.
Column 2--Identify the anticipated cost for each activity.
The spreadsheet must identify the total pre-development funding
assistance being proposed in the application.
5. * Project Development Schedule. This exhibit should include a
detailed development schedule which identifies the pre-development
activities being proposed, their projected start and completion dates,
the projected completion date for all pre-development planning
activities, and a brief narrative describing the applicant's plan for
monitoring this schedule of activities and addressing delays should
they occur. All projected development schedules must clearly
demonstrate the applicant's ability to move its approved FY2008 Section
202 elderly housing project from Fund Reservation to Initial Closing
within 18 months of grant approval and must provide a statement
addressing how access to pre-development funding will assist the
applicant in moving its FY2008 Section 202 elderly housing project to
Initial Closing within 18 months of Fund Reservation approval. The
completion of the Logic Model (form HUD-96010) will assist you in
responding to this exhibit.
6. Program Outcome Logic Model (HUD-96010). The Logic Model is
representative of this Section 202 Demonstration Pre-Development Grant
program proposal and it serves as the ``executive summary'' for this
grant request. Applicants must ensure that their Logic Model accurately
represents the purpose of the funding request and the expected impact
on the development process.
7. Third Party Documentation Facsimile Transmittal (``Facsimile
Transmittal Form'' on Grants.gov) (HUD-96011). This form must be used
as part of the electronic application to transmit third party documents
and other information as described in the General Section of the
SuperNOFA (if applicable).
8. Acknowledgment of Application Receipt (HUD-2993). This is not
required for applications submitted electronically.
9. Client Comments and Suggestions (HUD-2994). This is optional.
If changes have been made to any of the forms that were submitted
under the FY2008 Section 202 NOFA, HUD requires that the updated
form(s) be resubmitted under this Demonstration Pre-Development Grant
NOFA.
10. SF-424 Supplement, Survey for Ensuring Equal Opportunity for
Applicants (``Faith Based EEO Survey (SF-424 SUPP)'' on Grants.gov).
11. SF-LLL, Disclosure of Lobbying Activities, if applicable.
C. Submission Dates and Times. Your application must be received
and validated electronically by Grants.gov no later than 11:59:59 p.m.
eastern time by the application deadline date, unless a waiver of the
electronic delivery process has been approved by HUD. Please refer to
the General Section of the FY2008 SuperNOFA and Section IV.F. below for
instructions on applying for a waiver. If a waiver is granted, HUD must
receive an original and four copies of your application on December 9,
2008. The notification approving your waiver request will provide
submission instructions. Paper applications must be received by the
deadline date.
D. Intergovernmental Review. This funding opportunity is subject to
Executive Order (EO) 12372, ``Intergovernmental Review of Federal
Programs.'' You must contact your State's Single Point of Contact
(SPOC) to find out about and comply with the state's process under EO
12372. The names and addresses of the SPOCs are listed in the Office of
Management and Budget's home page at https://www.whitehouse.gov/omb/
grants/spoc.html. If required by the state, the submission to the state
needs to occur no later than the application deadline date. HUD
recommends that you provide the state with sufficient time to review
the application. Therefore, it is important that you consult with the
SPOC for State review timeframes and take that into account when
submitting the application.
E. Funding Restrictions
1. Eligible Activities. Section 202 Demonstration Pre-Development
Grant program funds must be used exclusively to facilitate planning,
design, and pre-development activities for projects funded under the
FY2008 SuperNOFA for the Section 202 Supportive Housing for the Elderly
program. Such activities
[[Page 60315]]
include architectural and engineering work, site control planning, and
other planning activities related to the development of a multifamily
housing project funded under the FY2008 Section 202 Supportive Housing
for the Elderly program. Grantees may not use funds for land
acquisition, leasing, new construction, or property rehabilitation,
alteration, demolition, or disposition.
a. All expenses related to eligible activities must be limited to
those actual costs that are incurred prior to initial closing and be
otherwise eligible activities under the Section 202 program. Activities
that are eligible for funding include the following:
(1) Appraisals. The applicant's cost for obtaining an appraisal to
establish the fair market value of the proposed site completed by a
qualified and licensed appraiser.
(2) Architect Services. The design fees charged by licensed
architectural/engineering firms for architectural services regarding
the applicant's project.
(3) Engineering Services. Actual cost of boundary survey,
topographic survey, soil borings and tests.
(4) Environmental Site Assessment. Actual cost incurred for the
environmental site assessment, i.e., Phase I and Phase II.
(5) Consultant Services. Up to 20 percent of the total amount of
the contract between the applicant and its consultant for services
related to the development and submission of an approvable Section 202
Fund Reservation Application.
(6) Cost Analysis. The cost of the contract between the applicant
and a professional with experience in cost estimation, for an
independent cost estimate needed to determine the viability of a
proposed project as required for firm commitment processing under the
Section 202 program.
(7) Legal Fees. The cost for legal services and title binder fees.
(8) Site Control. The applicant's cost for extending the time for
site control of the original site, including option costs necessary to
extend the option agreement for up to 18 months, to the closing target
date. The proceeds of this grant may not be used for site acquisition.
(9) Market Studies. The applicant's cost for a study completed by a
qualified, independent, third party, market research firm for purposes
of examining the need for and verifying the marketability of the
proposed project.
(10) Organizational Expenses. The actual cost related to the
creation of an owner entity for the proposed project pursuant to
Section 202 program regulations.
(11) Impact Fees. One-time fees local governments charge Sponsor/
Owners to offset the impact such housing will have on the community.
(Typical impact fees are traffic, solid waste, sewer, water, electric,
gas, police protection, and fire protection).
(12) Relocation Expenses. If the project involves displacement of
site occupants who are eligible for relocation assistance, indicate the
total estimated cost.
(13) Building Permits and Variance Fees. The cost of obtaining
building permits and variances.
2. Ineligible Activities. No proposed activity that is deemed to be
ineligible will be funded from the Demonstration Pre-Development Grant
funds.
a. Section 202 Demonstration Pre-Development Grant program funds
may not be used for the following:
(1) To acquire sites or other real property, to fund organizational
overhead and/or operating expenses, for staff salaries, or to fund any
planning activity that is otherwise ineligible for assistance under the
Section 202 Supportive Housing for the Elderly program.
(2) To meet Minimum Capital Investment (MCI) requirements for the
Section 202 program.
(3) To meet Performance/Payment Bonds (dual obligee).
(4) To pay taxes and interest.
(5) To pay bond premium, builder's risk, liability insurance,
fidelity bond insurance, performance bond insurance, cash bond, and
insurance premiums.
b. In the event that funding awarded under this program is utilized
for activities or purposes that have not been approved by HUD, the
Department will seek repayment or any other available remedies.
3. Applicants submitting proposals involving mixed-financing for
additional units are not eligible to be considered for pre-development
funding under this NOFA.
F. Other Submission Requirements
Application Submission and Receipt Procedures. This section
provides the application submission and receipt instructions for HUD
program applications. Refer to the General Section for specific
procedures for additional information on application submission
requirements.
1. Electronic Delivery. Demonstration Pre-Development Grant
applicants must submit their applications electronically through http:/
/www.grants.gov/applicants/apply_for_grants.jsp, unless a waiver is
granted. Please be advised that Grants.gov will not accept Microsoft
Vista or Microsoft 2007 operating systems. Applicants must use
Microsoft Windows XP versions 2003 and below, or your application will
not be accepted.
a. The https://www.grants.gov/applicants/apply_for_grants.jsp Web
site offers a simple, unified application process. Submission requires
an authenticated signature and registration at Grants.gov. There are
five steps to complete the registration process and information is
available at the www.grants.gov Web site. Applicants should carefully
read HUD's Federal Register Notice on Early Registration published on
March 10, 2008 (73 FR 12751), and start the Grants.gov registration
process immediately upon publication of this NOFA. The registration
process can take several weeks to complete.
b. In addition, applicants should carefully read the General
Section, the Introduction to the FY2008 SuperNOFA and the FY2008
SuperNOFA SUPPLEMENTARY INFORMATION.
These notices alert applicants to a recent change in the
registration process with the Central Contractor Registry (CCR). As of
August 1, 2006, CCR registrants will not be able to enter or modify
their name and address information, because it will be pre-populated
using Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
record data. During a new registration or when updating a record, CCR
registrants will have a choice to accept or reject the information
provided from D&B. If the CCR registrant agrees with the D&B supplied
information, the D&B data will be accepted into the CCR registrant
record. If the CCR registrant disagrees with the D&B supplied
information, the registrant will need to go to the D&B Web site, http:/
/fedgov.dnb.com/webform, to modify the information contained in the D&B
record before proceeding with its CCR registration. See further details
in the above referenced FR Notice.
2. Instructions on how to submit an electronic application to HUD
via grants.gov/Apply are contained in section IV.F. of the General
Section. Also, Grants.gov has a full set of instructions on how to
apply for funds on its Web site at https://www.grants.gov/applicants/
apply_for_grants.jsp. In addition, HUD has published a Desktop User
Guide for Submitting Electronic Grant Applications which is available
on HUD's Web site at https://www.hud.gov/utilities/intercept.cfm?/
offices/adm/
[[Page 60316]]
grants/deskuserguide.pdf. The guide contains screen shots and detailed
instructions. Applicants are encouraged to read all sources of
instructions carefully.
3. Waiver of Electronic Submission Requirement. HUD will only
accept electronic applications submitted through https://www.grants.gov/
applicants/apply_for_grants.jsp unless the applicant has received a
waiver. Applicants that are unable to submit their application
electronically must seek a waiver of the electronic grant submission
requirement. Waiver requests must be submitted no later than 15 days
before the application deadline date. Waiver requests must be submitted
by mail or by fax. For this Program NOFA, e-mail requests will not be
considered. Waiver requests submitted by mail or fax should be
submitted on the applicant's letterhead and signed by an official with
the legal authority to request a waiver from the Department. The
request must be addressed to the Assistant Secretary for Housing at the
following address: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 9100, Washington, DC 20410-
8000. Waiver requests submitted by fax must be sent to (202) 708-3104.
If a waiver is granted, you must submit the required number of copies
of your application to the Director of the appropriate local HUD
office, and the application must be received no later than that HUD
office's close of business on the application deadline date. The waiver
approval notification will identify the appropriate HUD office where
the application should be submitted and the required number of copies
that must be submitted.
4. Proof of Timely Submission. Applicants must submit their
applications to https://www.grants.gov/applicants/apply_for_grants.jsp
in time for receipt and validation at Grants.gov by 11:59:59 p.m.
Eastern time on the application deadline date. Validation can take 24-
48 hours so applicants should submit with ample time for the process to
be completed. Applicants are also advised to submit 72 hours in advance
of the deadline so that they have sufficient time to correct any
deficiencies that would prevent the acceptance of your application by
Grants.gov. (Refer to the General Section for specific procedures
regarding proof of timely submission of applications.)
5. Address for Submitting Applications. Applications must be
submitted electronically through the https://www.grants.gov/applicants/
apply_for_grants.jsp, unless the applicant receives a waiver from the
electronic application submission requirement. See section IV of the
General Section, ``Application Submission and Receipt Procedures,'' for
information on applying online.
The applications submitted electronically via https://
www.grants.gov/applicants/apply_for_grants.jsp will be electronically
downloaded and forwarded to the appropriate local HUD office.
V. Application Review Information
A. Criteria
HUD Headquarters will select applications for the Section 202
Demonstration Pre-Development Grant based on the HUD Multifamily
Program Center's rating of the respective FY2008 Section 202
applications. HUD will award funding under the following process until
all available funding has been exhausted.
B. Review and Selection Process
1. HUD's application review process will include, but is not
limited to, an eligibility review of each pre-development planning
activity being proposed by the applicant, the reasonableness of the
proposed cost for each activity, the reasonableness of the applicant's
proposed budget, and the ability of project Sponsors to expedite the
development processing of projects from Section 202 Fund Reservation to
Initial Closing within the 18 month timeframe. All activities must be
related to the development of the Section 202 housing project selected
under the FY2008 Section 202 Supportive Housing for the Elderly program
and be otherwise eligible activities under the Section 202 program.
2. Review for Curable Deficiencies. A curable deficiency is a
missing exhibit or portion of an exhibit that will not affect the
eligibility of the applicant. The exhibits identified by asterisk (*)
as threshold requirements must be dated on or before the application
deadline date. Refer to the General Section of the SuperNOFA for
additional information regarding procedures for corrections to
deficient applications. HUD will screen all applications received by
the application submission deadline for curable deficiencies. The HUD
Office will notify you in writing if your application is missing any of
the exhibits or portions of exhibits, as listed in Section IV.B. of
this NOFA. You will then be given 14 calendar days from the date of the
HUD written notification to submit the information required to cure the
noted deficiencies.
3. Review for Threshold Requirements. All applications must meet
the threshold requirements identified in the General Section of the
FY2008 SuperNOFA and in Section IV.B. and Section III.C.2. of this
Program NOFA. Failure to meet any threshold item will render an
application ineligible for funding consideration. Please note that
Section III.C.2. of the General Section of the FY2008 SuperNOFA, and
the items identified by an asterisk (*) as listed in Section IV.B. and
in Section III.C.2. of this NOFA, are also threshold requirements and
must be dated on or before the application deadline date. Failure to
satisfy all threshold requirements at the time of submission will
render the application in question as non-responsive to this NOFA, and
the application will be subject to no further review. See the General
Section of the FY2008 SuperNOFA for additional procedures for
corrections to deficient applications.
4. Technical Review. HUD Multifamily Field Office staff will review
applications that passed the threshold review for compliance with the
eligibility criteria set forth in this NOFA. However, HUD will not
reject your application based on technical review without notifying you
of that rejection, the reason(s) for the rejection, and providing you
with an opportunity to appeal. You will have 14 calendar days from the
date of HUD's written notice to appeal a technical rejection to the HUD
office. The HUD office will make a determination on an appeal before
making its selection of projects to be forwarded to HUD Headquarters.
HUD Field Office staff will forward to Headquarters a listing of
eligible applications that were received by the deadline date, that met
all eligibility criteria, that proposed reasonable costs for eligible
activities, and that included all technical corrections by the
designated deadline date.
5. HUD Headquarters will select Section 202 Demonstration Pre-
Development Grant applications based on HUD Multifamily Program
Centers' rating of the respective FY2008 Section 202 application,
beginning with the highest rated application nationwide. After this
selection, HUD Headquarters will select the next highest rated
application in another Program Center. Only one application will be
selected per Multifamily Program Center. However, if there are no
approvable applications in other Multifamily Program Centers, the
process will begin again with the selection of the next highest rated
application nationwide.
[[Page 60317]]
More than one application may be selected per HUD Multifamily Program
Center if there are no other approvable applications.
This process will continue into a second and subsequent round(s)
until all approvable applications are selected using the available
remaining funds. HUD Headquarters will fully fund as many applications
as allocated funds will allow. HUD Headquarters will review its
selection results to ensure that no single entity (including affiliated
entities) receives grant funding in excess of $800,000. Once an
organization receives its maximum amount of grant funding, no other
projects from that organization will be eligible for selection from the
succeeding rounds.
If there is a tie score between two or more applications, HUD will
select the applicant with the highest score in Rating Factor 1 of the
FY2008 Section 202 application. If Rating Factor 1 is scored
identically, the score in Rating Factor 2, 3, and 4, of the FY2008
Section 202 application, will be compared in that order, until one of
the applications receives a higher score. If both applications still
score the same, then the application which requests the least funding
will be selected.
6. Adjustments to Funding/Reduction of Requested Grant Amount. See
Section II.D. of this Program NOFA.
VI. Award Administration Information
A. Award Notices. Following the congressional notification process,
HUD will issue a press release announcing the selection of awards. Once
such an announcement has been made, successful applicants will receive
their selection letters and grant agreement, including an approved
Logic Model, via regular or overnight mail. The grant agreement is the
legally binding document that establishes a relationship between HUD
and the award recipient organization. Once properly executed, funds are
obligated, and the disbursement of funds is generally authorized.
1. As a condition of receiving a grant under this Section 202
Demonstration Pre-Development program, Grantees must open a separate,
non-interest bearing account for the receipt and handling of these
funds.
2. All applicants that were not selected for funding will receive a
non-selection letter.
3. You may request a debriefing on your application in accordance
with section VI.A. of the General Section of the FY2008 SuperNOFA. The
request must be made to the Director of Multifamily Housing, in the HUD
field office that has jurisdiction over the housing development
identified in your application, to which you sent your application.
B. Administrative and National Policy Requirements. The
Consolidated Appropriations Act 2008 (Pub. L. 110-161) requires HUD to
obligate all Section 202 funds appropriated for FY2008 by September 30,
2011. Under 31 U.S.C. 1551, no funds can be disbursed from this account
after September 30, 2016. Under this Section 202 demonstration
predevelopment grant program obligation of funds occurs upon execution
of the Grant Agreement.
C. Reporting. Grantees must submit quarterly updates of the Program
Outcome Logic Model (form HUD-96010) as well as quarterly SF 269,
Financial Status Reports. In order for HUD to evaluate the
effectiveness of the Demonstration Pre-Development Grant program (DPG)
funding, each Logic Model must indicate the results achieved against
the proposed output goal(s) and proposed outcome(s) which were stated
in the FY2008 Section 202 DPG program application and agreed upon by
HUD. HUD requires that funded recipients collect racial and ethnic
beneficiary data. It has adopted the Office of Management and Budget's
(OMB) Standards for Collection of Racial and Ethnic Data. In view of
these requirements, you should use form HUD-27061, Racial and Ethnic
Data Reporting Form (and instructions for its use) found on https://
www.HUDclips.org.
D. Environmental Requirements. The provision of assistance under
this NOFA is categorically excluded from environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not
subject to compliance action for related environmental authorities
under 24 CFR 50.19(b)(1), (3), (5), (8) and (16).
E. Environmental Impact. This NOFA does not direct, provide for
assistance or loan and mortgage insurance for, or otherwise govern or
regulate, real property acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or new construction, or
establish, revise or provide for standards for construction or
construction materials, manufactured housing, or occupancy.
Accordingly, under 24 CFR 50.19(c)(1), this NOFA is categorically
excluded from environmental review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321).
VII. Agency Contacts
A. For programmatic information you may contact the appropriate
local HUD office, or Denise Taylor-Parker at HUD Headquarters at (202)
402-2892, or via the Internet at Denise--Taylor-Parker @hud.gov.
Persons with hearing and speech impairments may access the above number
via TTY by calling the toll-free Federal Relay Service at 1-800-877-
8339.
B. For technical assistance in downloading and submitting an
application package through https://www.grants.gov/applicants/apply_
for_grants.jsp, contact the Grants.gov Help Desk at 1-800-518-GRANTS,
or by sending an e-mail to support@grants.gov.
VIII. Other Information
A. Section 102 of the HUD Reform Act, Documentation and Public Access
Requirements. Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and
the regulations codified at 24 CFR part 4, subpart A, contain a number
of provisions that are designed to ensure greater accountability and
integrity in the provision of certain types of assistance administered
by HUD. On January 14, 1992, HUD published a notice that also provides
information on the implementation of Section 102 (57 FR 1942). The
documentation, public access, and disclosure requirements of Section
102 apply to assistance awarded under this NOFA as follows:
1. Documentation. HUD will ensure that documentation and other
information regarding each application submitted pursuant to this NOFA
are sufficient to indicate the basis upon which assistance was provided
or denied. This material, including any letters of support, will be
made available for public inspection for a 5-year period beginning not
less than 30 days after the award of the assistance. Material will be
made available in accordance with the Freedom of Information Act (5
U.S.C. 552) and HUD's implementing regulations (24 CFR part 15).
2. Disclosures. HUD will make available to the public for 5 years
all applicant disclosure reports (form HUD-2880) submitted in
connection with this NOFA. Update reports (also reported on form HUD-
2880) will be made available along with the applicant disclosure
reports, but in no case for a period of less than 3 years. All reports,
both applicant disclosures and updates, will be made available in
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's
implementing regulations (24 CFR part 15).
3. Publication of Recipients of HUD Funding. HUD will publish a
notice in the Federal Register to notify the public
[[Page 60318]]
of all decisions made by HUD to provide:
a. Assistance subject to Section 102(a) of the HUD Reform Act; and
b. Assistance provided through grants or cooperative agreements on
a discretionary (non-formula, non-demand) basis, but that is not
provided on the basis of a competition.
B. Section 103 of the HUD Reform Act. HUD's regulations
implementing Section 103 of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3537a), codified at 24 CFR
part 4, subpart B, apply to this funding competition. The regulations
continue to apply until the announcement of the selection of successful
applicants. HUD employees involved in the review of applications and in
the making of funding decisions are prevented by the regulations from
providing advance information to any person (other than an authorized
employee of HUD) concerning funding decisions or from otherwise giving
any applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted under 24 CFR part 4. Applicants or employees
who have ethics-related questions should contact the HUD Ethics Law
Division at (202) 708-3815. (This is not a toll-free number.) HUD
employees who have specific program questions should contact the
appropriate field office counsel or Headquarters counsel for the
program to which the question pertains.
C. Paperwork Reduction Act Statement. The information collection
requirements contained in this document are currently approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-
0267. In accordance with the Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a currently
valid OMB control number. Public reporting burden for the collection of
information is estimated to average 4 hours per annum per respondent
for the application and grant administration. This includes the time
for collecting, reviewing, and reporting the data for the application,
semi-annual reports and final report. The information will be used for
grantee selection and monitoring the administration of funds. Response
to this request for information is required in order to receive the
benefits to be derived.
Dated: October 2, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary for Housing.
[FR Doc. E8-24196 Filed 10-9-08; 8:45 am]
BILLING CODE 4210-67-P