Notice of Funding Availability (NOFA) for the Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2009, 19505-19509 [E9-9742]
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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices
certification services must be sent to the
USDA contact listed above.
Applications from candidates of higher
education, research institutions, and
501(c)(3) organizations must be sent to
the DOL contact listed above.
Member Selection
The requested applications will assist
U.S. Government agencies in making
appointments to the Consultative
Group. Other qualified individuals may
be considered in addition to those who
submit applications in response to this
notice.
Signed at Washington, DC, on April 17,
2009.
Patricia R Sheikh,
Acting Administrator, Foreign Agricultural
Service.
[FR Doc. E9–9727 Filed 4–28–09; 8:45 am]
BILLING CODE 3410–10–P
Note: Telephone numbers listed are not
toll-free.
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA)
for the Section 515 Rural Rental
Housing Program for New
Construction in Fiscal Year 2009
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AGENCY: Rural Housing Service (RHS),
USDA.
ACTION: Notice.
SUMMARY: This NOFA announces the
timeframe to submit initial applications
for Section 515 Rural Rental Housing
(RRH) loan funds, including
applications for the nonprofit set-aside
for eligible nonprofit entities, the setaside for the most Underserved Counties
and Colonias (Cranston-Gonzalez
National Affordable Housing Act), and
the set-aside for Empowerment Zones
and Enterprise Communities (EZ/ECs)
and Rural Economic Area Partnership
(REAP) zones, and a designated reserve
for States with rental assistance
programs. This document describes the
methodology that will be used to
distribute funds, the application
process, submission requirements, and
areas of special emphasis or
consideration.
DATES: The deadline for receipt of all
applications in response to this NOFA
is 5 p.m., local time for each United
States Department of Agriculture
(USDA) Rural Development State Office
on June 29, 2009. The initial application
closing deadline is firm as to date and
hour. USDA Rural Development will not
consider any initial application that is
received after the closing deadline.
Applicants intending to mail initial
applications must provide sufficient
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time to permit delivery on or before the
closing deadline date and time.
Acceptance by the United States Postal
Service or private mailer does not
constitute delivery. Facsimile (FAX) and
postage due applications will not be
accepted.
ADDRESSES: Applicants wishing to apply
for assistance must contact the USDA
Rural Development State Office serving
the place in which they desire to submit
an application for rural rental housing
to receive further information and
copies of the initial application package.
USDA Rural Development will date and
time stamp incoming applications to
evidence timely receipt, and, upon
request, will provide the applicant with
a written acknowledgment of receipt. A
listing of USDA Rural Development
State Offices, their addresses, telephone
numbers, and person to contact follows:
Alabama State Office, Suite 601,
Sterling Centre, 4121 Carmichael
Road, Montgomery, AL 36106–3683,
(334) 279–3618, TDD (334) 279–3495,
Van McCloud.
Alaska State Office, 800 West Evergreen,
Suite 201, Palmer, AK 99645, (907)
761–7740, TDD (907) 761–8905,
Deborah Davis.
Arizona State Office, Phoenix
Courthouse and Federal Building, 230
North First Ave., Suite 206, Phoenix,
AZ 85003–1706, (602) 280–8768, TDD
(602) 280–8706, Carol Torres.
Arkansas State Office, 700 W. Capitol
Ave., Room 3416, Little Rock, AR
72201–3225, (501) 301–3250, TDD
(501) 301–3063, Greg Kemper.
California State Office, 430 G Street,
#4169, Davis, CA 95616–4169, (530)
792–5821, TDD (530) 792–5848, Debra
Moretton.
Colorado State Office, 655 Parfet Street,
Room E100, Lakewood, CO 80215,
(720) 544–2923, TDD (800) 659–2656,
Mary Summerfield.
Connecticut, Served by Massachusetts
State Office.
Delaware and Maryland State Office,
1221 College Park Drive, Suite 200,
Dover, DE 19904, (302) 857–3615,
TDD (302) 857–3585, Pat Baker.
Florida & Virgin Islands State Office,
4440 N.W. 25th Place, Gainesville, FL
32606–6563, (352) 338–3465, TDD
(352) 338–3499, Elizabeth M.
Whitaker.
Georgia State Office, Stephens Federal
Building, 355 E. Hancock Avenue,
Athens, GA 30601–2768, (706) 546–
2164, TDD (706) 546–2034, Wayne
Rogers.
Hawaii State Office, (Services all
Hawaii, American Samoa, Guam, and
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Western Pacific), Room 311, Federal
Building, 154 Waianuenue Avenue,
Hilo, HI 96720, (808) 933–8305, TDD
(808) 933–8321, Donald Estes.
Idaho State Office, Suite A1, 9173 West
Barnes Dr., Boise, ID 83709, (208)
378–5630, TDD (208) 378–5644,
Miriam Haylett.
Illinois State Office, 2118 West Park
Court, Suite A, Champaign, IL 61821–
2986, (217) 403–6222, TDD (217) 403–
6240, Barry L. Ramsey.
Indiana State Office, 5975 Lakeside
Boulevard, Indianapolis, IN 46278,
(317) 290–3100 (ext. 423), TDD (317)
290–3343, Stephen Dye.
Iowa State Office, 210 Walnut Street
Room 873, Des Moines, IA 50309,
(515) 284–4493, TDD (515) 284–4858,
Heather Honkomp.
Kansas State Office, 1303 SW First
American Place, Suite 100, Topeka,
KS 66604–4040, (785) 271–2721, TDD
(785) 271–2767, Virginia M.
Hammersmith.
Kentucky State Office, 771 Corporate
Drive, Suite 200, Lexington, KY
40503, (859) 224–7325, TDD (859)
224–7422, Paul Higgins.
Louisiana State Office, 3727
Government Street, Alexandria, LA
71302, (318) 473–7962, TDD (318)
473–7655, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave.,
Suite 4, PO Box 405, Bangor, ME
04402–0405, (207) 990–9110, TDD
(207) 942–7331, Bob Nadeau.
Maryland, Served by Delaware State
Office.
Massachusetts, Connecticut, & Rhode
Island State Office, 451 West Street,
Amherst, MA 01002, (413) 253–4333,
TDD (413) 253–4590, Arlene Nunes.
Michigan State Office, 3001 Coolidge
Road, Suite 200, East Lansing, MI
48823, (517) 324–5192, TDD (517)
337–6795, Julie Putnam.
Minnesota State Office, 375 Jackson
Street Building, Suite 410, St. Paul,
MN 55101–1853, (651) 602–7812,
TDD (651) 602–7830, Nancy Schmidt.
Mississippi State Office, Federal
Building, Suite 831, 100 W. Capitol
Street, Jackson, MS 39269, (601) 965–
4325, TDD (601) 965–5850, Darnella
Smith-Murray.
Missouri State Office, 601 Business
Loop 70 West, Parkade Center, Suite
235, Columbia, MO 65203, (573) 876–
0990, TDD (573) 876–9480, Colleen
James.
Montana State Office, 900 Technology
Blvd. Suite B, Bozeman, MT 59718,
(406) 585–2515, TDD (406) 585–2562,
Deborah Chorlton.
Nebraska State Office, Federal Building,
Room 152, 100 Centennial Mall N,
Lincoln, NE 68508, (402) 437–5734,
TDD (402) 437–5093, Linda Anders.
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Nevada State Office, 1390 South Curry
Street, Carson City, NV 89703–5146,
(775) 887–1222 (ext. 25), TDD (775)
885–0633, Angilla Denton.
New Hampshire State Office, Concord
Center, Suite 218, Box 317, 10 Ferry
Street, Concord, NH 03301–5004,
(603) 223–6050, TDD (603) 229–0536,
Robert McCarthy.
New Jersey State Office, 5th Floor North
Suite 500, 8000 Midlantic Dr., Mt.
Laurel, NJ 08054, (856) 787–7740,
TDD (856) 787–7784, George Hyatt, Jr.
New Mexico State Office, 6200 Jefferson
St., NE, Room 255, Albuquerque, NM
87109, (505) 761–4944, TDD (505)
761–4938, Susan Ellzey.
New York State Office, The Galleries of
Syracuse, 441 S. Salina Street, Suite
357 5th Floor, Syracuse, NY 13202,
(315) 477–6419, TDD (315) 477–6447,
George N. Von Pless.
North Carolina State Office, 4405 Bland
Road, Suite 260, Raleigh, NC 27609,
(919) 873–2066, TDD (919) 873–2003,
Beverly Casey.
North Dakota State Office, Federal
Building, Room 208, 220 East Rosser,
PO Box 1737, Bismarck, ND 58502,
(701) 530–2049, TDD (701) 530–2113,
Kathy Lake.
Ohio State Office, Federal Building,
Room 507, 200 North High Street,
Columbus, OH 43215–2477, (614)
255–2409, TDD (614) 255–2554, Cathy
Simmons.
Oklahoma State Office, 100 USDA, Suite
108, Stillwater, OK 74074–2654, (405)
742–1070, TDD (405) 742–1007, Ivan
S. Graves.
Oregon State Office, 1201 NE Lloyd
Blv., Suite 801, Portland, OR 97232,
(503) 414–3325, TDD (503) 414–3387,
Sherryl Gleason.
Pennsylvania State Office, One Credit
Union Place, Suite 330, Harrisburg,
PA 17110–2996, (717) 237–2281, TDD
(717) 237–2261, Martha Eberhart.
Puerto Rico State Office, 654 Munoz
Rivera Avenue, IBM Plaza, Suite 601,
Hato Rey, PR 00918, (787) 766–5095
(ext. 249), TDD (787) 766–5332,
Lourdes Colon.
Rhode Island, Served by Massachusetts
State Office.
South Carolina State Office, Strom
Thurmond Federal Building, 1835
Assembly Street, Room 1007,
Columbia, SC 29201, (803) 253–3432,
TDD (803) 765–5697, Larry D. Floyd.
South Dakota State Office, Federal
Building, Room 210, 200 Fourth
Street, SW., Huron, SD 57350, (605)
352–1132, TDD (605) 352–1147, Roger
Hazuka or Pam Reilly.
Tennessee State Office, Suite 300, 3322
West End Avenue, Nashville, TN
37203–1084, (615) 783–1375, TDD
(615) 783–1397, Don Harris.
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Texas State Office, Federal Building,
Suite 102, 101 South Main, Temple,
TX 76501, (254) 742–9765, TDD (254)
742–9712, Scooter Brockette.
Utah State Office, Wallace F. Bennett
Federal Building, 125 S. State Street,
Room 4311, Salt Lake City, UT
84147–0350, (801) 524–4325, TDD
(801) 524–3309, Janice Kocher.
Vermont State Office, City Center, 3rd
Floor, 89 Main Street, Montpelier, VT
05602, (802) 828–6021, TDD (802)
223–6365, Heidi Setien.
Virgin Islands, Served by Florida State
Office.
Virginia State Office, Culpeper Building,
Suite 238, 1606 Santa Rosa Road,
Richmond, VA 23229, (804) 287–
1596, TDD (804) 287–1753, CJ
Michels.
Washington State Office, 1835 Black
Lake Blvd., Suite B, Olympia, WA
98512, (360) 704–7730, TDD (360)
704–7760, Robert Lund.
Western Pacific Territories, Served by
Hawaii State Office.
West Virginia State Office, Federal
Building, 75 High Street, Room 320,
Morgantown, WV 26505–7500, (304)
284–4872, TDD (304) 284–4836,
David Cain.
Wisconsin State Office, 4949 Kirschling
Court, Stevens Point, WI 54481, (715)
345–7676, TDD (715) 345–7614,
Cheryl Halverson.
Wyoming State Office, PO Box 11005,
Casper, WY 82602, (307) 233–6715,
TDD (307) 233–6733, Alan Brooks.
FOR FURTHER INFORMATION CONTACT: For
general information, applicants may
contact Sue Harris-Green, Deputy
Director, Multi-Family Housing
Preservation and Direct Loan Division,
Rural Housing Service, United States
Department of Agriculture, Stop 0781,
1400 Independence Avenue, SW.,
Washington, DC 20250, telephone (202)
720–1660 (voice) (this is not a toll free
number), (800) 877–8339 (TDD–Federal
Information Relay Service), or via email, Susie.Harris@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Programs Affected
The RRH program is listed in the
Catalog of Federal Domestic Assistance
under Number 10.415, Rural Rental
Housing Loans. Rental Assistance is
listed in the Catalog under Number
10.427, Rural Rental Assistance
Payments.
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Discussion of Notice
I. Authority and Distribution
Methodology
A. Authority
Section 515 of the Housing Act of
1949, as amended, (42 U.S.C. 1485)
provides USDA Rural Development
with the authority to make loans to any
individual, corporation, association,
trust, Indian tribe, public or private
nonprofit organization, which may
include a faith-based or community
organization, consumer cooperative, or
partnership to provide rental or
cooperative housing and related
facilities in rural areas for very-low,
low, or moderate income persons or
families, including elderly persons and
persons with disabilities. Rental
assistance (RA) is a tenant subsidy for
very-low and low-income families
residing in rural rental housing facilities
with USDA Rural Development
financing. It is anticipated that RA will
not be available for new construction in
Fiscal Year (FY) 2009.
B. Distribution Methodology
The total amount available for FY
2009 for section 515 is $69,511,661.80,
of which $13,902,332 is available for
new construction as follows:
Non-Restricted ..........................
Set-aside for nonprofits ............
Set-aside for Underserved
Counties and Colonias ..........
Set-aside EZ, EC, and REAP
Zones ....................................
Designated Reserve for States
with Rental Assistance Programs ....................................
$1,904,373
5,237,026
2,856,560
2,000,000
1,904,373
C. Section 515 New Construction Funds
For Fiscal Year 2009, the
Administrator has determined that it
would not be practical to allocate funds
to States because of funding limitations;
therefore, Section 515 new construction
funds will be distributed to States based
on a National competition, as follows:
1. Applications will be divided by
State. States will accept, review, score,
and rank requests in accordance with 7
CFR Section 3560.56. The scoring
factors are:
(a) The presence and extent of
leveraged assistance for the units that
will serve USDA Rural Development
income-eligible tenants at basic rents as
defined in 7 CFR 3560.11, comparable
to those rents if USDA Rural
Development provided full financing,
computed as a percentage of the USDA
Rural Development total development
cost (TDC). Loan proposals that include
leveraged/secondary funds which have
been requested but have not yet been
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committed will be processed as follows:
The proposal will be scored based on
the requested secondary funds,
provided (1) the applicant includes
evidence of a filed application for the
funds; and (2) the funding date of the
requested funds will permit processing
of the loan request in the current
funding cycle, or, if the applicant does
not receive the requested funds, will
permit processing of the next highest
ranked proposal in the current year.
Points will be awarded in accordance
with the following table. Percentages
will be rounded to the next higher
whole number. (0 to 20 points)
Percentage of leveraging
Points
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75 or more ........................................
70–74 ................................................
65–69 ................................................
60–64 ................................................
55–59 ................................................
50–54 ................................................
45–49 ................................................
40–44 ................................................
35–39 ................................................
30–34 ................................................
25–29 ................................................
20–24 ................................................
15–19 ................................................
10–14 ................................................
5–9 ....................................................
0–4 ....................................................
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
0
(b) The units to be developed are in
a colonia, tribal land, EZ, EC, or Rural
Economic Area Partnership (REAP)
community, or in a place identified in
the State Consolidated Plan or State
Needs Assessment as a high need
community for multifamily housing. (20
points)
(c) Pursuant to 7 CFR Section 3560.56
(c)(1)(iii), this year there will be a
National Office initiative whereby
preference points will be awarded to
loan requests that meet the selection
criteria as follows: in States where
USDA Rural Development has an ongoing formal working relationship,
agreement, or Memorandum of
Understanding (MOU) with the State to
provide State financial resources (State
funds, State RA, HOME funds,
Community Development Block Grant
(CDBG) funds, or Low-Income Housing
Tax Credits (LIHTC)) for USDA Rural
Development proposals; or where the
State provides preference or points to
USDA Rural Development proposals in
awarding such State resources, 20
points will be provided to loan requests
that include such State resources in an
amount equal to at least 5 percent of the
TDC. Native American Housing and Self
Determination Act (NAHASDA) funds
may be considered a State resource if
the tribal plan for NAHASDA funds
contains provisions for partnering with
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USDA Rural Development for multifamily housing. The applicant can
contact its USDA Rural Development
State office on whether a particular
State falls into this initiative.
(d) The loan request includes donated
land meeting the provisions of 7 CFR
Section 3560.56(c)(1)(iv). (5 points)
(e) Pursuant to 7 CFR
3560.56(c)(1)(iii), in an effort to
implement USDA’s nationwide
initiative to promote renewable energy
and energy conservation, USDA Rural
Development has adopted incentives for
energy generation and energy
conservation. Participation in these
nationwide initiatives is voluntary, but
is strongly encouraged.
Energy Generation. Applicants will be
awarded points if the proposal requires
the installation of energy generation
systems, which will be funded by a
third party. The proposal must include
an overview of the energy generation
system being proposed. Evidence that
an energy generation system has been
funded by a third party and that it has
a quantifiable positive impact on
reducing energy consumption will be
required. (10 points)
Energy Conservation. Applicants will
be awarded points to construct (or
substantially rehabilitate) housing that
earns the Energy Star label for new
residential construction. Units earning
the Energy Star label must be
independently verified to meet
guidelines for energy efficiency as set by
the U.S. Environmental Protection
Agency. All procedures used in
verifying a unit for the Energy Star label
must comply with national Home
Energy Ratings System (HERS)
guidelines. Energy Star guidelines for
residential construction apply to homes
that are three stories or less and single
or low-rise multi-family residential
buildings.
The Applicant will include in the
summary an explanation of how it plans
to incorporate Energy Star. Construction
plans pertaining to energy efficiency
must be developed with, reviewed, and
accepted by a HERS certified rater, the
contractor, and the owner. Progress
inspections must be made at appropriate
times by a HERS certified rater to ensure
that the housing is being constructed or
rehabilitated according to Energy Star
specifications. In order to receive final
payment, applicants will be required to
submit the appropriate rating reports
from the HERS rater to USDA Rural
Development as evidence that the
housing has been constructed to meet
the standards of Energy Star. In the
event that housing does not meet Energy
Star guidelines for new residential
construction, USDA Rural Development
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shall, at its discretion, deduct 5 points
from future funding proposals. For
further information about Energy Star,
see https://www.energystar.gov or call
the following toll-free numbers: (888)
782–7937 or (888) 588–9920 (TTY). (5
points)
(f) Pursuant to 7 CFR
3560.56(c)(1)(iii), this year there will be
a National Office initiative whereby
points will be awarded if the property
is constructed in a Presidentially
declared disaster area. For further
information on Presidentially declared
disaster areas, see https://
www.rurdev.usda.gov/rd/disasters/. (10
points)
2. The National Office will rank all
requests nationwide and distribute
funds to States from any FY 2009
appropriations to States in rank order,
within funding limits. If insufficient
funds remain for the next ranked
proposal, USDA Rural Development
will select the next ranked proposal that
falls within the remaining levels. Point
score ties will be handled in accordance
with 7 CFR 3560.56(c)(2).
D. Applications for New Construction
RA
For FY 2009, $2,030,000 is available
for New Construction rural rental
assistance. The market study for
proposals must clearly demonstrate a
need and demand for the units by
prospective tenants at income levels
that can support the proposed rents. The
proposed units must offer amenities that
are typical for the market area at rents
that are comparable to conventional
rents in the market for similar units.
E. Set-asides
Loan requests will be accepted for the
following set-asides:
1. Nonprofit set-aside. An amount of
$5,237,026 has been set aside for
nonprofit applicants as defined in 7 CFR
Section 3560.11. All loan proposals
must be in designated places in
accordance with 7 CFR Section 3560.57.
A State or jurisdiction may fund one
proposal from this set-aside, which
cannot exceed $1 million. A State could
get additional funds from this set-aside
if any funds remain after funding one
proposal from each participating State.
The National Office will inform the
State offices if additional funds are
available. If additional set-aside funds
remain, each State’s second highest
scoring proposal will be funded. This
method will also be used if additional
funds are available to fund more than
one loan proposal per State where there
are insufficient funds to fund a second
or more proposal for each State. If there
are insufficient funds to fund one loan
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request from each participating State,
selection will be determined nationally
by point score on each State’s highest
ranking proposal. This method will also
be used if additional funds are available
to fund more than 1 loan proposal per
State where there are insufficient funds
to fund a second or more proposal for
each State. If there are any funds
remaining, they will be handled in
accordance with 42 U.S.C. 1485(w)(3).
Funds from this set-aside will be
available only to nonprofit entities,
which may include a partnership that
has as its general partner a nonprofit
entity or the nonprofit entity’s for-profit
subsidiary which will be receiving lowincome housing tax credits authorized
under section 42 of the Internal Revenue
Code of 1986. To be eligible for this setaside, the nonprofit entity must be an
organization that:
(a) Will own an interest in the project
to be financed and will materially
participate in the development and the
operations of the project;
(b) Is a private organization that has
nonprofit, tax exempt status under
section 501(c)(3) or section 501(c)(4) of
the Internal Revenue Code of 1986;
(c) Has among its purposes the
planning, development, or management
of low-income housing or community
development projects; and
(d) Is not affiliated with or controlled
by a for-profit organization.
2. Underserved counties and colonias
set-aside. An amount of $2,856,560 has
been set-aside for loan requests to
develop units in the 100 most needy
underserved counties or colonias as
defined in section 509(f) of the Housing
Act of 1949, as amended.
3. EZ, EC, and REAP Set-aside. An
amount of $2,000,000 has been set-aside
to develop units in an EZ, EC, or REAP
zone. Loan requests that are eligible for
this set-aside are also eligible for regular
Section 515 funds. Thus, requests for
this set-aside exceed available funds,
selection will be made in accordance
with 7 CFR Section 3560.56(c) and
ranking as described earlier in this
NOFA.
4. $1,904,373 is available nationwide
in a reserve for States with viable State
RA programs. In order to participate,
States are to submit specific written
information about the State RA program,
i.e., a memorandum of understanding,
documentation from the provider, etc.,
to the National Office.
II. Funding Limits
A. Individual loan requests may not
exceed $1 million. This applies to
regular section 515 funds and set-aside
funds. The Administrator may make an
exception to this limit in cases where a
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State’s average total development costs
exceed the national average by 50
percent or more.
B. No State may receive more than
20% of the total available for new
construction, including set-aside funds.
III. Rental Assistance (RA)
In addition to the State Matching RA
program as described in Section I.E. of
this Notice and subject to its
availability, new construction RA will
be held in the National Office for use
with section 515 Rural Rental Housing
New Construction loans. In addition,
preferential consideration for RA will be
given to projects: (1) Where a subsidy
for rent is provided from within the
State jurisdiction; and (2) where the
least amount of RA is needed to make
the project feasible, calculated as a
percentage. New construction RA may
not be used in conjunction with a
transfer or subsequent loan for repairs or
rehabilitation, preservation purposes or
for inventory property sales.
IV. Application Process
All initial applications for section 515
new construction funds must be filed
with the appropriate Rural Development
State Office and must meet the
requirements of 7 CFR 3560.56, as well
as comply with the provisions of
Section V. of this NOFA. Incomplete
applications will not be reviewed and
will be returned to the applicant. No
application will be accepted after 5
p.m., local time, on the application
deadline previously mentioned unless
that date and time is extended by a
Notice published in the Federal
Register.
V. Application Submission
Requirements
A. Each application shall include the
information, documentation, forms and
exhibits required by 7 CFR 3560.56, as
well as comply with the provisions of
this NOFA.
Information required in initial
application package:
I. To establish applicant eligibility:
A. Form SF 424, Application for Federal
Assistance.
B. Form RD 400–4, Assurance Agreement.
C. Form RD 410–9, Statement Required by
the Privacy Act (for individuals only).
D. Form HUD 2530, Previous Participation
Certification.
E. Current (within 6 months) financial
statements with the following paragraph
certified by someone with the legal authority
to do so:
‘‘I/we certify the above is a true and
accurate reflection of my/our financial
condition as of the date stated herein. This
statement is given for the purpose of
inducing the United States of America to
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make a loan or to enable the United States
of America to make a determination of
continued eligibility of the applicant for a
loan as requested in the loan application of
which this statement is a part.’’
F. Check for $28 from individual
applicants and $40 from corporate applicants
made out to United States Department of
Agriculture. This will be used to pay for
credit reports obtained by the USDA Rural
Development.
G. Statement signed by applicants that they
will pay any cost overruns.
H. Proposed limited partnership agreement
and certificates of limited partners, if
applicable. (USDA Rural Development
requirements should be contained in one
section of the agreement and their location
identified by the applicants or their attorney
in a cover sheet.)
I. If a nonprofit organization:
1. Tax-exempt ruling from the IRS
designating them as a 501(c)(3) or 501(c)(4)
organization. If the designation is pending, a
copy of the designation request must be
submitted.
2. Purpose statement, including the
provision of low income housing.
3. Evidence of organization under State
and local law, or copies of pending
applications.
4. List of Board of Directors.
J. If a limited liability company, proposed
operating agreement and the authorized agent
who has the authority to complete the loan
application and loan closing documents.
K. If a trust, organizational documents and
attorney opinion letter that the trust is
validly formed and identifying the
authorized representative to act on the trust’s
behalf.
II. To Establish Project Feasibility:
A. Market feasibility documentation: Either
a market study or a market survey, as
appropriate.
B. Type of project and structures proposed
(total number of units by bedroom size, size
of each unit type, size and type of other
facilities).
C. Schematic drawings:
1. Site plan, including contour lines;
2. Floor plan of each living unit type and
other spaces, such as laundry facilities,
community rooms, stairwells, etc.;
3. Building exterior elevations;
4. Typical building exterior wall section;
and
5. Plot plan.
D. Description and justification of related
facilities, schedule of separate charges for
related facilities. Related facilities include
community rooms that can be used by
tenants and management at no additional
charge to the tenants.
E. Type and method of construction (owner
builder, negotiated bid, or contractor
method).
F. Statement of estimated costs (Form RD
1924–13, Estimate and Certificate of Actual
Costs).
G. Statement of proposed management.
H. Congregate services package/plan (if
applicable).
I. Statement of support from other
Government services providers to the project
(congregate only).
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J. Response to the Uniform Relocation
Assistance Act (if applicable).
III. To Establish Project Financing:
A. Statement of budget and cash flow
(applicant completes Form RD 3560–7,
Multiple Family Housing Project Budget/
Utility Allowance), including type of utilities
and utility allowance, if applicable and
contribution to reserves.
B. Congregate services charges (if
applicable).
C. Status of efforts to obtain leveraged
funds.
D. Proposed construction financing
(interim or multiple advance; if interim
financing, letter of interest from intended
lender).
IV. Environmental and Site Information:
A. Environmental information (applicant
completes Form RD 1940–20, Request for
Environmental Information).
B. Evidence of compliance with Executive
Order 12372 (A–95) (if applicable) Form SF
424 is sent to a clearinghouse for
intergovernmental review.
C. Provide an American Society for Testing
and Materials (ASTM) Phase I Environmental
Site Assessment to cover environmental due
diligence. The ASTM Phase I Environmental
Site Assessment will be obtained from the
company or person who performs the
environmental site assessment.
D. Map showing location of community
services such as schools, hospitals, fire and
police departments, shopping malls and
employment centers.
E. Evidence of submission of project
description to State Housing Preservation
Office with request for comments.
F. The applicant’s comments regarding
relevant offsite conditions.
G. The applicant’s explanation of any
proposed energy efficiency components.
Forms to be included in initial application
package may be found at the following links:
1. Form SF 424, Application for Federal
Assistance, which can be found online at
https://apply07.grants.gov/apply/forms/
sample/SF424–V2.0.pdf;
2. Form RD 1940–20, Request for
Environmental Information, which can be
found online at https://forms.sc.egov.usda.
gov/efcommon/eFileServices/Forms/RD1940–
0020_060400V01.pdf;
3. Form RD 3560–7, Multiple Family
Housing Project Budget/Utility Allowance,
which can be found online at https://
formsadmin.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD3560–
0007_060500V01.pdf;
4. Form HUD 2530, Previous Participation
Certification, which can be found online at
https://www.hud.gov/offices/adm/hudclips/
forms/files/2530.pdf
5. Form RD 1924–13, Estimate and
Certificate of Actual Costs, which can be
found online at https://forms.sc.egov.
usda.gov/efcommon/eFileServices/Forms/
RD1924–0013.pdf;
6. Form RD 400–4, Assurance Agreement,
which can be found online at https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/Forms/RD0400–0004
_970300V01.pdf;
7. Form RD 410–9, Statement Required by
the Privacy Act (for individuals only), which
VerDate Nov<24>2008
17:48 Apr 28, 2009
Jkt 217001
can be found online at https://formsadmin
.sc.egov.usda.gov/efcommon/eFileServices/
Forms/RD0410–0009.pdf;
Applicants are encouraged, but not
required, to include a checklist and to
have their applications indexed and
tabbed to facilitate the review process.
The Rural Development State office will
base its determination of completeness
of the application and the eligibility of
each applicant on the information
provided in the application. All
applicants will receive a letter notifying
them of their selection or rejection.
Applicants that are selected will be
given instructions on how to proceed,
following the procedures established in
7 CFR part 3560. Applicants that are
rejected will be notified and given
appeal rights under 7 CFR part 11.
B. Applicants are advised to contact
the Rural Development State office
serving the place in which they desire
to submit an application for the
following:
1. Questions pertaining to the
application process; and
2. List of designated places for which
applications for new section 515
facilities may be submitted.
VI. Areas of Special Emphasis or
Consideration
Pursuant to 7 CFR 3560.56(c)(1)(iii),
USDA Rural Development encourages
the use of funding from other sources in
conjunction with Rural Development
loans through its national office
initiative, outlined in Section I.C.1(c) of
this Notice.
VII. Non-Discrimination Statement
U.S. Department of Agriculture
prohibits discrimination in all its
programs and activities on the basis of
race, color, national origin, age,
disability, and where applicable, sex,
marital status, parental status, religion,
sexual orientation, genetic information,
political beliefs, reprisal, or because all
or part of an individual’s income is
derived from any public assistance
program. (Not all prohibited bases apply
to all programs.) Persons with
disabilities who require alternative
means for communication of program
information (Braille, large print,
audiotape, etc.) should contact USDA’s
Target Center at (202) 720–2600 (voice
and TDD). To file a complaint of
discrimination, write to USDA, Director,
Office of Civil Rights, 1400
Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (voice), or (202) 720–
6382 (TDD). ‘‘USDA is an equal
opportunity provider, employer, and
lender.’’
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
19509
Dated: April 14, 2009.
Thomas E. Hannah,
Acting Administrator, Rural Housing Service.
[FR Doc. E9–9742 Filed 4–28–09; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–FV–09–0018; FV09–996–1 N]
Peanut Standards Board
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Notice; request for nominations.
SUMMARY: The Farm Security and Rural
Investment Act of 2002 requires the
Secretary of Agriculture to establish a
Peanut Standards Board (Board) for the
purpose of advising the Secretary on
quality and handling standards for
domestically produced and imported
peanuts. The initial Board was
appointed by the Secretary and
announced on December 5, 2002. USDA
seeks nominations for individuals to be
considered for selection as Board
members for terms of office ending June
30, 2011, and June 30, 2012. Selected
nominees sought by this action would
fill two currently vacant industry
representative positions for the
remainder of terms of office ending June
30, 2011, and six producer and industry
representatives who are currently
serving for the term of office that ends
June 30, 2009. The Board consists of 18
members representing producers and
industry representatives.
DATES: Written nominations must be
received on or before May 29, 2009.
ADDRESSES: Nominations should be sent
to Dawana J. Clark, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, Unit
155, 4700 River Road, Riverdale, MD
20737: Telephone: (301) 734–5247; Fax:
(301) 734–5275; e-mail:
Dawana.Clark@usda.gov.
Section
1308 of the Farm Security and Rural
Investment Act of 2002 (Farm Bill)
requires the Secretary of Agriculture to
establish a Peanut Standards Board
(Board) for the purpose of advising the
Secretary regarding the establishment of
quality and handling standards for all
domestic and imported peanuts
marketed in the United States. The Farm
Bill requires the Secretary to consult
with the Board before the Secretary
establishes or changes quality and
handling standards for peanuts.
The Farm Bill provides that the Board
consist of 18 members, with three
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29APN1.SGM
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[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19505-19509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9742]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA) for the Section 515 Rural
Rental Housing Program for New Construction in Fiscal Year 2009
AGENCY: Rural Housing Service (RHS), USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This NOFA announces the timeframe to submit initial
applications for Section 515 Rural Rental Housing (RRH) loan funds,
including applications for the nonprofit set-aside for eligible
nonprofit entities, the set-aside for the most Underserved Counties and
Colonias (Cranston-Gonzalez National Affordable Housing Act), and the
set-aside for Empowerment Zones and Enterprise Communities (EZ/ECs) and
Rural Economic Area Partnership (REAP) zones, and a designated reserve
for States with rental assistance programs. This document describes the
methodology that will be used to distribute funds, the application
process, submission requirements, and areas of special emphasis or
consideration.
DATES: The deadline for receipt of all applications in response to this
NOFA is 5 p.m., local time for each United States Department of
Agriculture (USDA) Rural Development State Office on June 29, 2009. The
initial application closing deadline is firm as to date and hour. USDA
Rural Development will not consider any initial application that is
received after the closing deadline. Applicants intending to mail
initial applications must provide sufficient time to permit delivery on
or before the closing deadline date and time. Acceptance by the United
States Postal Service or private mailer does not constitute delivery.
Facsimile (FAX) and postage due applications will not be accepted.
ADDRESSES: Applicants wishing to apply for assistance must contact the
USDA Rural Development State Office serving the place in which they
desire to submit an application for rural rental housing to receive
further information and copies of the initial application package. USDA
Rural Development will date and time stamp incoming applications to
evidence timely receipt, and, upon request, will provide the applicant
with a written acknowledgment of receipt. A listing of USDA Rural
Development State Offices, their addresses, telephone numbers, and
person to contact follows:
Note: Telephone numbers listed are not toll-free.
Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael Road,
Montgomery, AL 36106-3683, (334) 279-3618, TDD (334) 279-3495, Van
McCloud.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645,
(907) 761-7740, TDD (907) 761-8905, Deborah Davis.
Arizona State Office, Phoenix Courthouse and Federal Building, 230
North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768,
TDD (602) 280-8706, Carol Torres.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR
72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office, 430 G Street, 4169, Davis, CA 95616-
4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO
80215, (720) 544-2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut, Served by Massachusetts State Office.
Delaware and Maryland State Office, 1221 College Park Drive, Suite 200,
Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office, 4440 N.W. 25th Place,
Gainesville, FL 32606-6563, (352) 338-3465, TDD (352) 338-3499,
Elizabeth M. Whitaker.
Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue,
Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne
Rogers.
Hawaii State Office, (Services all Hawaii, American Samoa, Guam, and
Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue,
Hilo, HI 96720, (808) 933-8305, TDD (808) 933-8321, Donald Estes.
Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709,
(208) 378-5630, TDD (208) 378-5644, Miriam Haylett.
Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL
61821-2986, (217) 403-6222, TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278,
(317) 290-3100 (ext. 423), TDD (317) 290-3343, Stephen Dye.
Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309,
(515) 284-4493, TDD (515) 284-4858, Heather Honkomp.
Kansas State Office, 1303 SW First American Place, Suite 100, Topeka,
KS 66604-4040, (785) 271-2721, TDD (785) 271-2767, Virginia M.
Hammersmith.
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY
40503, (859) 224-7325, TDD (859) 224-7422, Paul Higgins.
Louisiana State Office, 3727 Government Street, Alexandria, LA 71302,
(318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME
04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office, 451 West
Street, Amherst, MA 01002, (413) 253-4333, TDD (413) 253-4590, Arlene
Nunes.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI
48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office, 375 Jackson Street Building, Suite 410, St.
Paul, MN 55101-1853, (651) 602-7812, TDD (651) 602-7830, Nancy Schmidt.
Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol
Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-5850, Darnella
Smith-Murray.
Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite
235, Columbia, MO 65203, (573) 876-0990, TDD (573) 876-9480, Colleen
James.
Montana State Office, 900 Technology Blvd. Suite B, Bozeman, MT 59718,
(406) 585-2515, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall
N, Lincoln, NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.
[[Page 19506]]
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
5146, (775) 887-1222 (ext. 25), TDD (775) 885-0633, Angilla Denton.
New Hampshire State Office, Concord Center, Suite 218, Box 317, 10
Ferry Street, Concord, NH 03301-5004, (603) 223-6050, TDD (603) 229-
0536, Robert McCarthy.
New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic Dr.,
Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7784, George Hyatt,
Jr.
New Mexico State Office, 6200 Jefferson St., NE, Room 255, Albuquerque,
NM 87109, (505) 761-4944, TDD (505) 761-4938, Susan Ellzey.
New York State Office, The Galleries of Syracuse, 441 S. Salina Street,
Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6419, TDD (315) 477-
6447, George N. Von Pless.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC
27609, (919) 873-2066, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East Rosser,
PO Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113,
Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High Street,
Columbus, OH 43215-2477, (614) 255-2409, TDD (614) 255-2554, Cathy
Simmons.
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654,
(405) 742-1070, TDD (405) 742-1007, Ivan S. Graves.
Oregon State Office, 1201 NE Lloyd Blv., Suite 801, Portland, OR 97232,
(503) 414-3325, TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office, One Credit Union Place, Suite 330,
Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, Martha
Eberhart.
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite
601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-5332,
Lourdes Colon.
Rhode Island, Served by Massachusetts State Office.
South Carolina State Office, Strom Thurmond Federal Building, 1835
Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD
(803) 765-5697, Larry D. Floyd.
South Dakota State Office, Federal Building, Room 210, 200 Fourth
Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, Roger
Hazuka or Pam Reilly.
Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, TN
37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office, Federal Building, Suite 102, 101 South Main,
Temple, TX 76501, (254) 742-9765, TDD (254) 742-9712, Scooter
Brockette.
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State
Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, TDD
(801) 524-3309, Janice Kocher.
Vermont State Office, City Center, 3rd Floor, 89 Main Street,
Montpelier, VT 05602, (802) 828-6021, TDD (802) 223-6365, Heidi Setien.
Virgin Islands, Served by Florida State Office.
Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa
Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, CJ
Michels.
Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA
98512, (360) 704-7730, TDD (360) 704-7760, Robert Lund.
Western Pacific Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 75 High Street, Room 320,
Morgantown, WV 26505-7500, (304) 284-4872, TDD (304) 284-4836, David
Cain.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481,
(715) 345-7676, TDD (715) 345-7614, Cheryl Halverson.
Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-6715,
TDD (307) 233-6733, Alan Brooks.
FOR FURTHER INFORMATION CONTACT: For general information, applicants
may contact Sue Harris-Green, Deputy Director, Multi-Family Housing
Preservation and Direct Loan Division, Rural Housing Service, United
States Department of Agriculture, Stop 0781, 1400 Independence Avenue,
SW., Washington, DC 20250, telephone (202) 720-1660 (voice) (this is
not a toll free number), (800) 877-8339 (TDD-Federal Information Relay
Service), or via e-mail, Susie.Harris@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Programs Affected
The RRH program is listed in the Catalog of Federal Domestic
Assistance under Number 10.415, Rural Rental Housing Loans. Rental
Assistance is listed in the Catalog under Number 10.427, Rural Rental
Assistance Payments.
Discussion of Notice
I. Authority and Distribution Methodology
A. Authority
Section 515 of the Housing Act of 1949, as amended, (42 U.S.C.
1485) provides USDA Rural Development with the authority to make loans
to any individual, corporation, association, trust, Indian tribe,
public or private nonprofit organization, which may include a faith-
based or community organization, consumer cooperative, or partnership
to provide rental or cooperative housing and related facilities in
rural areas for very-low, low, or moderate income persons or families,
including elderly persons and persons with disabilities. Rental
assistance (RA) is a tenant subsidy for very-low and low-income
families residing in rural rental housing facilities with USDA Rural
Development financing. It is anticipated that RA will not be available
for new construction in Fiscal Year (FY) 2009.
B. Distribution Methodology
The total amount available for FY 2009 for section 515 is
$69,511,661.80, of which $13,902,332 is available for new construction
as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Non-Restricted............................................. $1,904,373
Set-aside for nonprofits................................... 5,237,026
Set-aside for Underserved Counties and Colonias............ 2,856,560
Set-aside EZ, EC, and REAP Zones........................... 2,000,000
Designated Reserve for States with Rental Assistance 1,904,373
Programs..................................................
------------------------------------------------------------------------
C. Section 515 New Construction Funds
For Fiscal Year 2009, the Administrator has determined that it
would not be practical to allocate funds to States because of funding
limitations; therefore, Section 515 new construction funds will be
distributed to States based on a National competition, as follows:
1. Applications will be divided by State. States will accept,
review, score, and rank requests in accordance with 7 CFR Section
3560.56. The scoring factors are:
(a) The presence and extent of leveraged assistance for the units
that will serve USDA Rural Development income-eligible tenants at basic
rents as defined in 7 CFR 3560.11, comparable to those rents if USDA
Rural Development provided full financing, computed as a percentage of
the USDA Rural Development total development cost (TDC). Loan proposals
that include leveraged/secondary funds which have been requested but
have not yet been
[[Page 19507]]
committed will be processed as follows: The proposal will be scored
based on the requested secondary funds, provided (1) the applicant
includes evidence of a filed application for the funds; and (2) the
funding date of the requested funds will permit processing of the loan
request in the current funding cycle, or, if the applicant does not
receive the requested funds, will permit processing of the next highest
ranked proposal in the current year. Points will be awarded in
accordance with the following table. Percentages will be rounded to the
next higher whole number. (0 to 20 points)
------------------------------------------------------------------------
Percentage of leveraging Points
------------------------------------------------------------------------
75 or more..................................................... 20
70-74.......................................................... 19
65-69.......................................................... 18
60-64.......................................................... 17
55-59.......................................................... 16
50-54.......................................................... 15
45-49.......................................................... 14
40-44.......................................................... 13
35-39.......................................................... 12
30-34.......................................................... 11
25-29.......................................................... 10
20-24.......................................................... 9
15-19.......................................................... 8
10-14.......................................................... 7
5-9............................................................ 6
0-4............................................................ 0
------------------------------------------------------------------------
(b) The units to be developed are in a colonia, tribal land, EZ,
EC, or Rural Economic Area Partnership (REAP) community, or in a place
identified in the State Consolidated Plan or State Needs Assessment as
a high need community for multifamily housing. (20 points)
(c) Pursuant to 7 CFR Section 3560.56 (c)(1)(iii), this year there
will be a National Office initiative whereby preference points will be
awarded to loan requests that meet the selection criteria as follows:
in States where USDA Rural Development has an on-going formal working
relationship, agreement, or Memorandum of Understanding (MOU) with the
State to provide State financial resources (State funds, State RA, HOME
funds, Community Development Block Grant (CDBG) funds, or Low-Income
Housing Tax Credits (LIHTC)) for USDA Rural Development proposals; or
where the State provides preference or points to USDA Rural Development
proposals in awarding such State resources, 20 points will be provided
to loan requests that include such State resources in an amount equal
to at least 5 percent of the TDC. Native American Housing and Self
Determination Act (NAHASDA) funds may be considered a State resource if
the tribal plan for NAHASDA funds contains provisions for partnering
with USDA Rural Development for multi-family housing. The applicant can
contact its USDA Rural Development State office on whether a particular
State falls into this initiative.
(d) The loan request includes donated land meeting the provisions
of 7 CFR Section 3560.56(c)(1)(iv). (5 points)
(e) Pursuant to 7 CFR 3560.56(c)(1)(iii), in an effort to implement
USDA's nationwide initiative to promote renewable energy and energy
conservation, USDA Rural Development has adopted incentives for energy
generation and energy conservation. Participation in these nationwide
initiatives is voluntary, but is strongly encouraged.
Energy Generation. Applicants will be awarded points if the
proposal requires the installation of energy generation systems, which
will be funded by a third party. The proposal must include an overview
of the energy generation system being proposed. Evidence that an energy
generation system has been funded by a third party and that it has a
quantifiable positive impact on reducing energy consumption will be
required. (10 points)
Energy Conservation. Applicants will be awarded points to construct
(or substantially rehabilitate) housing that earns the Energy Star
label for new residential construction. Units earning the Energy Star
label must be independently verified to meet guidelines for energy
efficiency as set by the U.S. Environmental Protection Agency. All
procedures used in verifying a unit for the Energy Star label must
comply with national Home Energy Ratings System (HERS) guidelines.
Energy Star guidelines for residential construction apply to homes that
are three stories or less and single or low-rise multi-family
residential buildings.
The Applicant will include in the summary an explanation of how it
plans to incorporate Energy Star. Construction plans pertaining to
energy efficiency must be developed with, reviewed, and accepted by a
HERS certified rater, the contractor, and the owner. Progress
inspections must be made at appropriate times by a HERS certified rater
to ensure that the housing is being constructed or rehabilitated
according to Energy Star specifications. In order to receive final
payment, applicants will be required to submit the appropriate rating
reports from the HERS rater to USDA Rural Development as evidence that
the housing has been constructed to meet the standards of Energy Star.
In the event that housing does not meet Energy Star guidelines for new
residential construction, USDA Rural Development shall, at its
discretion, deduct 5 points from future funding proposals. For further
information about Energy Star, see https://www.energystar.gov or call
the following toll-free numbers: (888) 782-7937 or (888) 588-9920
(TTY). (5 points)
(f) Pursuant to 7 CFR 3560.56(c)(1)(iii), this year there will be a
National Office initiative whereby points will be awarded if the
property is constructed in a Presidentially declared disaster area. For
further information on Presidentially declared disaster areas, see
https://www.rurdev.usda.gov/rd/disasters/. (10 points)
2. The National Office will rank all requests nationwide and
distribute funds to States from any FY 2009 appropriations to States in
rank order, within funding limits. If insufficient funds remain for the
next ranked proposal, USDA Rural Development will select the next
ranked proposal that falls within the remaining levels. Point score
ties will be handled in accordance with 7 CFR 3560.56(c)(2).
D. Applications for New Construction RA
For FY 2009, $2,030,000 is available for New Construction rural
rental assistance. The market study for proposals must clearly
demonstrate a need and demand for the units by prospective tenants at
income levels that can support the proposed rents. The proposed units
must offer amenities that are typical for the market area at rents that
are comparable to conventional rents in the market for similar units.
E. Set-asides
Loan requests will be accepted for the following set-asides:
1. Nonprofit set-aside. An amount of $5,237,026 has been set aside
for nonprofit applicants as defined in 7 CFR Section 3560.11. All loan
proposals must be in designated places in accordance with 7 CFR Section
3560.57. A State or jurisdiction may fund one proposal from this set-
aside, which cannot exceed $1 million. A State could get additional
funds from this set-aside if any funds remain after funding one
proposal from each participating State. The National Office will inform
the State offices if additional funds are available. If additional set-
aside funds remain, each State's second highest scoring proposal will
be funded. This method will also be used if additional funds are
available to fund more than one loan proposal per State where there are
insufficient funds to fund a second or more proposal for each State. If
there are insufficient funds to fund one loan
[[Page 19508]]
request from each participating State, selection will be determined
nationally by point score on each State's highest ranking proposal.
This method will also be used if additional funds are available to fund
more than 1 loan proposal per State where there are insufficient funds
to fund a second or more proposal for each State. If there are any
funds remaining, they will be handled in accordance with 42 U.S.C.
1485(w)(3). Funds from this set-aside will be available only to
nonprofit entities, which may include a partnership that has as its
general partner a nonprofit entity or the nonprofit entity's for-profit
subsidiary which will be receiving low-income housing tax credits
authorized under section 42 of the Internal Revenue Code of 1986. To be
eligible for this set-aside, the nonprofit entity must be an
organization that:
(a) Will own an interest in the project to be financed and will
materially participate in the development and the operations of the
project;
(b) Is a private organization that has nonprofit, tax exempt status
under section 501(c)(3) or section 501(c)(4) of the Internal Revenue
Code of 1986;
(c) Has among its purposes the planning, development, or management
of low-income housing or community development projects; and
(d) Is not affiliated with or controlled by a for-profit
organization.
2. Underserved counties and colonias set-aside. An amount of
$2,856,560 has been set-aside for loan requests to develop units in the
100 most needy underserved counties or colonias as defined in section
509(f) of the Housing Act of 1949, as amended.
3. EZ, EC, and REAP Set-aside. An amount of $2,000,000 has been
set-aside to develop units in an EZ, EC, or REAP zone. Loan requests
that are eligible for this set-aside are also eligible for regular
Section 515 funds. Thus, requests for this set-aside exceed available
funds, selection will be made in accordance with 7 CFR Section
3560.56(c) and ranking as described earlier in this NOFA.
4. $1,904,373 is available nationwide in a reserve for States with
viable State RA programs. In order to participate, States are to submit
specific written information about the State RA program, i.e., a
memorandum of understanding, documentation from the provider, etc., to
the National Office.
II. Funding Limits
A. Individual loan requests may not exceed $1 million. This applies
to regular section 515 funds and set-aside funds. The Administrator may
make an exception to this limit in cases where a State's average total
development costs exceed the national average by 50 percent or more.
B. No State may receive more than 20% of the total available for
new construction, including set-aside funds.
III. Rental Assistance (RA)
In addition to the State Matching RA program as described in
Section I.E. of this Notice and subject to its availability, new
construction RA will be held in the National Office for use with
section 515 Rural Rental Housing New Construction loans. In addition,
preferential consideration for RA will be given to projects: (1) Where
a subsidy for rent is provided from within the State jurisdiction; and
(2) where the least amount of RA is needed to make the project
feasible, calculated as a percentage. New construction RA may not be
used in conjunction with a transfer or subsequent loan for repairs or
rehabilitation, preservation purposes or for inventory property sales.
IV. Application Process
All initial applications for section 515 new construction funds
must be filed with the appropriate Rural Development State Office and
must meet the requirements of 7 CFR 3560.56, as well as comply with the
provisions of Section V. of this NOFA. Incomplete applications will not
be reviewed and will be returned to the applicant. No application will
be accepted after 5 p.m., local time, on the application deadline
previously mentioned unless that date and time is extended by a Notice
published in the Federal Register.
V. Application Submission Requirements
A. Each application shall include the information, documentation,
forms and exhibits required by 7 CFR 3560.56, as well as comply with
the provisions of this NOFA.
Information required in initial application package:
I. To establish applicant eligibility:
A. Form SF 424, Application for Federal Assistance.
B. Form RD 400-4, Assurance Agreement.
C. Form RD 410-9, Statement Required by the Privacy Act (for
individuals only).
D. Form HUD 2530, Previous Participation Certification.
E. Current (within 6 months) financial statements with the
following paragraph certified by someone with the legal authority to
do so:
``I/we certify the above is a true and accurate reflection of
my/our financial condition as of the date stated herein. This
statement is given for the purpose of inducing the United States of
America to make a loan or to enable the United States of America to
make a determination of continued eligibility of the applicant for a
loan as requested in the loan application of which this statement is
a part.''
F. Check for $28 from individual applicants and $40 from
corporate applicants made out to United States Department of
Agriculture. This will be used to pay for credit reports obtained by
the USDA Rural Development.
G. Statement signed by applicants that they will pay any cost
overruns.
H. Proposed limited partnership agreement and certificates of
limited partners, if applicable. (USDA Rural Development
requirements should be contained in one section of the agreement and
their location identified by the applicants or their attorney in a
cover sheet.)
I. If a nonprofit organization:
1. Tax-exempt ruling from the IRS designating them as a
501(c)(3) or 501(c)(4) organization. If the designation is pending,
a copy of the designation request must be submitted.
2. Purpose statement, including the provision of low income
housing.
3. Evidence of organization under State and local law, or copies
of pending applications.
4. List of Board of Directors.
J. If a limited liability company, proposed operating agreement
and the authorized agent who has the authority to complete the loan
application and loan closing documents.
K. If a trust, organizational documents and attorney opinion
letter that the trust is validly formed and identifying the
authorized representative to act on the trust's behalf.
II. To Establish Project Feasibility:
A. Market feasibility documentation: Either a market study or a
market survey, as appropriate.
B. Type of project and structures proposed (total number of
units by bedroom size, size of each unit type, size and type of
other facilities).
C. Schematic drawings:
1. Site plan, including contour lines;
2. Floor plan of each living unit type and other spaces, such as
laundry facilities, community rooms, stairwells, etc.;
3. Building exterior elevations;
4. Typical building exterior wall section; and
5. Plot plan.
D. Description and justification of related facilities, schedule
of separate charges for related facilities. Related facilities
include community rooms that can be used by tenants and management
at no additional charge to the tenants.
E. Type and method of construction (owner builder, negotiated
bid, or contractor method).
F. Statement of estimated costs (Form RD 1924-13, Estimate and
Certificate of Actual Costs).
G. Statement of proposed management.
H. Congregate services package/plan (if applicable).
I. Statement of support from other Government services providers
to the project (congregate only).
[[Page 19509]]
J. Response to the Uniform Relocation Assistance Act (if
applicable).
III. To Establish Project Financing:
A. Statement of budget and cash flow (applicant completes Form
RD 3560-7, Multiple Family Housing Project Budget/Utility
Allowance), including type of utilities and utility allowance, if
applicable and contribution to reserves.
B. Congregate services charges (if applicable).
C. Status of efforts to obtain leveraged funds.
D. Proposed construction financing (interim or multiple advance;
if interim financing, letter of interest from intended lender).
IV. Environmental and Site Information:
A. Environmental information (applicant completes Form RD 1940-
20, Request for Environmental Information).
B. Evidence of compliance with Executive Order 12372 (A-95) (if
applicable) Form SF 424 is sent to a clearinghouse for
intergovernmental review.
C. Provide an American Society for Testing and Materials (ASTM)
Phase I Environmental Site Assessment to cover environmental due
diligence. The ASTM Phase I Environmental Site Assessment will be
obtained from the company or person who performs the environmental
site assessment.
D. Map showing location of community services such as schools,
hospitals, fire and police departments, shopping malls and
employment centers.
E. Evidence of submission of project description to State
Housing Preservation Office with request for comments.
F. The applicant's comments regarding relevant offsite
conditions.
G. The applicant's explanation of any proposed energy efficiency
components.
Forms to be included in initial application package may be found
at the following links:
1. Form SF 424, Application for Federal Assistance, which can be
found online at https://apply07.grants.gov/apply/forms/sample/SF424-V2.0.pdf;
2. Form RD 1940-20, Request for Environmental Information, which
can be found online at https://forms.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD1940-0020_060400V01.pdf;
3. Form RD 3560-7, Multiple Family Housing Project Budget/
Utility Allowance, which can be found online at https://formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD3560-0007_060500V01.pdf;
4. Form HUD 2530, Previous Participation Certification, which
can be found online at https://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf
5. Form RD 1924-13, Estimate and Certificate of Actual Costs,
which can be found online at https://forms.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD1924-0013.pdf;
6. Form RD 400-4, Assurance Agreement, which can be found online
at https://forms.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD0400-0004_970300V01.pdf;
7. Form RD 410-9, Statement Required by the Privacy Act (for
individuals only), which can be found online at https://formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD0410-0009.pdf;
Applicants are encouraged, but not required, to include a checklist
and to have their applications indexed and tabbed to facilitate the
review process. The Rural Development State office will base its
determination of completeness of the application and the eligibility of
each applicant on the information provided in the application. All
applicants will receive a letter notifying them of their selection or
rejection. Applicants that are selected will be given instructions on
how to proceed, following the procedures established in 7 CFR part
3560. Applicants that are rejected will be notified and given appeal
rights under 7 CFR part 11.
B. Applicants are advised to contact the Rural Development State
office serving the place in which they desire to submit an application
for the following:
1. Questions pertaining to the application process; and
2. List of designated places for which applications for new section
515 facilities may be submitted.
VI. Areas of Special Emphasis or Consideration
Pursuant to 7 CFR 3560.56(c)(1)(iii), USDA Rural Development
encourages the use of funding from other sources in conjunction with
Rural Development loans through its national office initiative,
outlined in Section I.C.1(c) of this Notice.
VII. Non-Discrimination Statement
U.S. Department of Agriculture prohibits discrimination in all its
programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, parental
status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or part of an individual's income is
derived from any public assistance program. (Not all prohibited bases
apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's Target Center at
(202) 720-2600 (voice and TDD). To file a complaint of discrimination,
write to USDA, Director, Office of Civil Rights, 1400 Independence
Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice),
or (202) 720-6382 (TDD). ``USDA is an equal opportunity provider,
employer, and lender.''
Dated: April 14, 2009.
Thomas E. Hannah,
Acting Administrator, Rural Housing Service.
[FR Doc. E9-9742 Filed 4-28-09; 8:45 am]
BILLING CODE 3410-XV-P
