Notice of Funding Availability of Applications for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year (FY) 2009, 23838-23843 [E9-11833]
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23838
Notices
Federal Register
Vol. 74, No. 97
Thursday, May 21, 2009
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
dwashington3 on PROD1PC60 with NOTICES
May 15, 2009.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments
regarding (a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of burden including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB),
OIRA_Submission@OMB.EOP.GOV or
fax (202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC 20250–
7602. Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling (202) 720–8958.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
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13:08 May 20, 2009
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the collection of information unless it
displays a currently valid OMB control
number.
Animal and Plant Health Inspection
Service
Title: Requirements for Request To
Amend 7 CFR Part 319 Import
Regulations.
OMB Control Number: 0579–0261.
Summary of Collection: As authorized
by the Plant Protection Act (PPA) (7
U.S.C. 7701—et seq.), the Secretary of
Agriculture may prohibit or restrict the
importation, entry, exportation, or
movement in interstate commerce of
any plant, plant product, biological
control organism, noxious weed, means
of conveyance, or other article if the
Secretary determines that the
prohibition or restriction is necessary to
prevent a plant pest or noxious weed
from being introduced into and
disseminated within the United States.
The Animal and Plant Health Inspection
Service (APHIS) has established
regulations governing the submission of
requests for changes in its regulations
that restrict the importation of plants,
plant parts, and products.
Need and Use of the Information:
APHIS will collect required information
to properly consider requests and helps
to ensure that the information required
to prepare a risk analysis and/or other
analyses that evaluate the risks and
other effects associated with a final
ruling to change a regulation. This
process requires the use of collecting
information about the requestor,
information about the commodity to be
imported, shipping information, a
description of pests and diseases
associated with the commodity, risk
mitigation or management strategies,
and additional information as
determined by APHIS to complete a pest
risk analysis in accordance with
international standards.
Description of Respondents: Business
or other for-profit.
Number of Respondents: 36.
Frequency of Responses: Reporting:
On occasion.
Total Burden Hours: 4,200.
Animal and Plant Health Inspection
Service
Title: Importation of Baby Corn and
Baby Carrots from Zambia.
OMB Control Number: 0579–0284.
Summary of Collection: Under the
Plant Protection Act (PPA) (7 U.S.C.
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7701—et seq.) the Secretary of
Agriculture is authorized to carry out
operations or measures to detect,
eradicate, suppress, control, prevent, or
retard the spread of plant pests new to
the United States or not known to be
widely distributed throughout the
United States. Regulations authorized
by the PPA concerning the importation
of fruits and vegetables into the United
States from certain parts of the world
are contained in ‘‘Subpart Fruits and
Vegetables’’ (7 CFR 319.56–1 through
319.56–47). Under these regulations,
baby corn and baby carrots from Zambia
are subject to certain conditions before
entering the United States to prevent the
introduction of plant pests into the
United States.
Need and Use of the Information: The
Animal and Plant Health Inspection
Service (APHIS) requires that some
plants or plant products are
accompanied by a phytosanitary
inspection certificate that is completed
by plant health officials in the
originating or transiting country. APHIS
uses the information on the certificate to
determine the pest condition of the
shipment at the time of inspection in
the foreign country. This information is
used as a guide to the intensity of the
inspection APHIS conducts when the
shipment arrives.
Without this information, all
shipments would need to be inspected
very thoroughly, thereby requiring
considerably more time.
Description of Respondents: Business
or other for-profit; Federal Government.
Number of Respondents: 7.
Frequency of Responses: Reporting:
On occasion.
Total Burden Hours: 64.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. E9–11838 Filed 5–20–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability of
Applications for Section 514 Farm
Labor Housing Loans and Section 516
Farm Labor Housing Grants for OffFarm Housing for Fiscal Year (FY) 2009
AGENCY:
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Rural Housing Service, USDA.
21MYN1
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
ACTION:
Notice.
SUMMARY: This notice announces the
timeframe to submit pre-applications for
Section 514 Farm Labor Housing (FLH)
loans and Section 516 FLH grants for
the construction of new off-farm FLH
units and related facilities for domestic
farm laborers. The intended purpose of
these loans and grants is to increase the
number of available housing units for
domestic farm laborers. This notice
describes the method used to distribute
funds, the application process, and
submission requirements.
DATES: The deadline for receipt of all
applications in response to this is 5
p.m., local time to the appropriate Rural
Development State Office on July 20,
2009. The application closing deadline
is firm as to date and hour. Rural
Development will not consider any
application that is received after the
closing deadline unless date and time is
extended by another Notice published
in the Federal Register. Applicants
intending to mail applications must
provide sufficient time to permit
delivery on or before the closing
deadline. Acceptance by a post office or
private mailer does not constitute
delivery. Facsimile (FAX), and postage
due applications will not be accepted.
Applicants wishing to apply
for assistance must contact the Rural
Development State Office serving the
State of the proposed off-farm labor
housing project in order to receive
further information and copies of the
application package. Rural Development
will date and time stamp incoming
applications to evidence timely receipt
and, upon request, will provide the
applicant with a written
acknowledgment of receipt. A listing of
Rural Development State Offices, their
addresses, telephone numbers, and
person to contact are as follows:
ADDRESSES:
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Note: Telephone numbers listed are not
toll-free.
Alabama State Office, Suite 601, Sterling
Centre, 4121 Carmichael Road,
Montgomery, AL 36106–3683, (334) 279–
3455, TDD (334) 279–3495, James B.
Harris.
Alaska State Office, 800 West Evergreen,
Suite 201, Palmer, AK 99645–6539, (907)
761–7705, 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)
280–8764, TDD (602) 280–8706, Ernie
Wetherbee.
Arkansas State Office, 700 W. Capitol Ave.,
Room 3416, Little Rock, AR 72201–3225,
(501) 301–3250, TDD (501) 301–3063, Greg
Kemper.
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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) 338–3436, TDD (352) 338–
3499, Daryl Cooper.
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,
P.O. 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,
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MO 65203, (573) 876–0990, TDD (573)
876–9480, Colleen James.
Montana State Office, 900 Technology Blvd.,
Suite B, Bozeman, MT 59718, (406) 585–
2515, TDD (406) 585–2562, Deborah
Chorlton.
Nebraska State Office, Federal Building,
Room 152, 100 Centennial Mall N. Lincoln,
NE 68508, (402) 437–5734, TDD (402) 437–
5093, Linda Anders.
Nevada State Office, 1390 South Curry Street,
Carson City, NV 89703–5146, (775) 887–
1222 (ext. 25), TDD (775) 885–0633,
Angilla Denton.
New Hampshire State Office, Concord
Center, Suite 218, Box 317, 10 Ferry Street,
Concord, NH 03301–5004, (603) 223–6050,
TDD (603) 229–0536, Robert McCarthy.
New Jersey State Office, 5th Floor North,
Suite 500, 8000 Midlantic Dr., Mt. Laurel,
NJ 08054, (856) 787–7740, TDD (856) 787–
7784, George Hyatt, Jr.
New Mexico State Office, 6200 Jefferson St.,
NE, Room 255, Albuquerque, NM 87109,
(505) 761–4944, TDD (505) 761–4938,
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) 477–6400, Michael Bosak.
North Carolina State Office, 4405 Bland
Road, Suite 260, Raleigh, NC 27609, (919)
873–2055, TDD (919) 873–2003, Beverly
Casey.
North Dakota State Office, Federal Building,
Room 208, 220 East Rosser, P.O. Box 1737,
Bismarck, ND 58502, (701) 530–2049, TDD
(701) 530–2113, Kathy Lake.
Ohio State Office, Federal Building, Room
507, 200 North High Street, Columbus, OH
43215–2477, (614) 255–2418, TDD (614)
255–2554, Melodie Taylor-Ward.
Oklahoma State Office, 100 USDA, Suite 108,
Stillwater, OK 74074–2654, (405) 742–
1070, TDD (405) 742–1007, Ivan S. Graves.
Oregon State Office, 1201 NE Lloyd Blvd.,
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.
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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
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, 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, Jeff
Borcherding.
Wyoming State Office, PO Box 11005,
Casper, WY 82602, (307) 233–6715, TDD
(307) 233–6733, Alan Brooks.
FOR FURTHER INFORMATION CONTACT:
Henry Searcy, Finance and Loan
Analyst, Multi-Family Housing
Preservation and Direct Loan Division,
STOP 0782 (Room 1263–S), USDA Rural
Development, 1400 Independence
Avenue, SW., Washington, DC 20250–
0782, telephone: (202) 720–1753 (this is
not a toll free number), or via e-mail:
Henry.Searcy@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
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Paperwork Reduction Act
The reporting requirements contained
in this notice have been approved by the
Office of Management and Budget under
Control Number 0575–0189.
Overview Information
Federal Agency Name: Rural Housing
Service.
Funding Opportunity Title: Notice of
Funds Availability for Section 514 Farm
Labor Housing Loans and Section 516
Farm Labor Housing Grants for Off-Farm
Housing.
Announcement Type: Initial Notice
inviting applications from qualified
applicants for FY 2009.
Catalog of Federal Domestic
Assistance Numbers (CFDA): 10.405 and
10.427.
DATES: The deadline for receipt of all
applications in response to this is 5
p.m., appropriate local time to each
Rural Development State Office, on July
20, 2009. The application closing
deadline is firm as to date and hour.
Rural Development will not consider
any application that is received after the
closing deadline unless date and time is
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13:08 May 20, 2009
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extended by another Notice published
in the Federal Register. Applicants
intending to mail applications must
provide sufficient time to permit
delivery on or before the closing
deadline. Acceptance by a post office or
private mailer does not constitute
delivery. Facsimile (FAX), and postage
due applications will not be accepted.
I. Funding Opportunities Description
Housing that is constructed with FLH
loans and grants must meet Rural
Development’s design and construction
standards contained in 7 CFR part 1924,
subparts A and C. Once constructed, offfarm FLH must be managed in
accordance with the program’s
management regulation, 7 CFR part
3560. Tenant eligibility is limited to
persons who meet the definition of a
‘‘disabled domestic farm laborer’’,
‘‘domestic farm laborer’’, or ‘‘retired
domestic farm laborer,’’ as defined in 7
CFR 3560.11. Farmworkers who are
admitted to this country on a temporary
basis under the Temporary Agricultural
Workers (H–2A Visa) program are not
eligible to occupy Section 514/516 offfarm FLH.
In addition, off-farm FLH must be
operated on a non-profit basis and
tenancy must be open to all qualified
domestic farm laborers, regardless at
which farm they work. Section 514(f)(3)
of the Housing Act of 1949 (42 U.S.C.
1484(f)(3)) amended the definition of
domestic farm laborers to include any
person regardless of the person’s source
of employment, who receives a
substantial portion of his or her income
from the primary production of
agricultural or aquacultural
commodities in the unprocessed stage,
and also includes the person’s family.
Operating assistance may be used in
lieu of tenant-specific rental assistance
(RA) in off-farm labor housing projects
that serve migrant farmworkers as
defined in 7 CFR 3560.11 that are
financed under section 514 or section
516(h) of the Housing Act of 1949 (42
U.S.C. 1486(h)), and otherwise meet the
requirements of 7 CFR 3560.574.
Owners of eligible projects may choose
tenant-specific RA or operating
assistance, or a combination of both;
however, any tenant or unit assisted
with operating assistance may not also
receive RA. It is anticipated that
operating assistance will not be
available for new construction in FY
2009.
II. Award Information
Applications for FY 2009 will only be
accepted through the date and time
listed in this notice. Since USDA Rural
Development has the ability to adjust
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loan and grant levels, final loan and
grant levels will fluctuate, and are
subject to the availability of funding.
The funds available for FY 2009 for OffFarm Labor Housing are: Section 514
$22,977,147, Section 516 $8,586,430
and Rental Assistance $3,400,000.
Individual requests may not exceed
$3 million (total loan and grant). At this
time, there is no available operating
assistance. Section 516 off-farm FLH
grants may not exceed 90 percent of the
total development cost (TDC) of the
housing as defined in 7 CFR 3560.11.
Applications that require leveraged
funding must have firm commitments in
place for all of the leveraged funding
within one year of the Agency issuance
of Form AD–622, ‘‘Notice of Preapplication Review Action,’’ to the
applicant. If leverage funds are in the
form of tax credits, the applicant must
document a history of receiving tax
credits.
III. Eligibility Information
A. Applicant Eligibility
(1) To be eligible to receive a Section
516 grant for off-farm FLH, the applicant
must be a broad-based non-profit
organization, a community organization
which can include a faith-based
organization, a non-profit organization
of farm workers, a Federally recognized
Indian tribe, an agency or political
subdivision of a State or local
government, or a public agency (such as
a housing authority). The applicant
must be able to contribute at lease onetenth of the TDC non-Rural
Development resources which can
include leveraged funds.
(2) To be eligible to receive a Section
514 loan for off-farm FLH, the applicant
must be a broad-based non-profit
organization, a community organization
which can include a faith-based
organization, a non-profit organization
of farm workers, a Federally recognized
Indian tribe, an agency or political
subdivision of a State or local
government, a public agency (such as a
housing authority), or a limited
partnership which has a non-profit
entity as its general partner, and
(a) Be unable to provide the necessary
housing from its own resources; and
(b) Except for State or local public
agencies and Indian tribes, be unable to
obtain similar credit elsewhere at rates
that would allow for rents within the
payment ability of eligible residents.
(3) Broad-based non-profit
organizations must have a membership
that reflects a variety of interests in the
area where the housing will be located.
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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
B. Cost Sharing or Matching
Section 516 grants for off-farm FLH
may not exceed the lesser of 90 percent
of the TDC as provided in 7 CFR
3560.562(c)(1).
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C. Other Administrative Requirements
The following requirements apply to
loans and grants made in response to
this notice:
(1) 7 CFR part 1901, subpart E,
regarding equal opportunity
requirements;
(2) 7 CFR parts 3015, 3016 or 3019 (as
applicable), which establishes the
uniform administrative requirements for
grants and cooperative agreements to
State and local governments and to nonprofit organizations;
(3) 7 CFR part 1901, subpart F,
regarding historical and archaeological
properties;
(4) 7 CFR part 1940, subpart G,
regarding environmental assessments;
(5) 7 CFR part 3560, subpart L,
regarding the loan and grant authorities
of the off-farm FLH program;
(6) 7 CFR part 1924, subpart A,
regarding planning and performing
construction and other development;
(7) 7 CFR part 1924, subpart C,
regarding the planning and performing
of site development work; and
(8) For construction financed with a
Section 516 grant, the provisions of the
Davis-Bacon Act (40 U.S.C. Sec. 276(a)–
276(a)(5) and implementing regulations
published at 29 CFR parts 1, 3, and 5.
(9) All other requirements contained
in 7 CFR part 3560, regarding the
Section 514/516 off-farm FLH program.
IV. Application and Submission
Information
The application process will be in two
phases: The initial pre-application (or
proposal) and the submission of a final
application. Only those proposals that
are selected for funding will be invited
to submit final applications. In the event
that a proposal is selected for further
processing and the applicant declines,
the next highest ranked unfunded preapplication may be selected.
All pre-applications for Sections 514
and 516 funds must be filed with the
appropriate Rural Development State
Office and must meet the requirements
of this notice. Incomplete preapplications will not be reviewed and
will be returned to the applicant. No
pre-application will be accepted after 5
p.m., local time to the appropriate Rural
Development State Office on July 20,
2009 unless date and time is extended
by another Notice published in the
Federal Register.
If a pre-application is accepted for
further processing, the applicant must
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13:08 May 20, 2009
Jkt 217001
submit a complete, final application,
acceptable to Rural Development prior
to the obligation of Rural Development
funds. If the pre-application is not
accepted for further processing the
applicant will be notified of appeal
rights under 7 CFR part 11.
Pre-Application Requirements
The pre-application must contain the
following:
(1) A summary page listing the
following items. This information
should be double-spaced between items
and not be in narrative form.
(a) Applicant’s name.
(b) Applicant’s Taxpayer
Identification Number.
(c) Applicant’s address.
(d) Applicant’s telephone number.
(e) Name of applicant’s contact
person, telephone number, and address.
(f) Amount of loan and grant
requested.
(g) For grants, the applicant’s Dun and
Bradstreet Data Universal Numbering
System (DUNS) number. As required by
the Office of Management and Budget
(OMB), all grant applicants must
provide a DUNS number when applying
for Federal grants, on or after October 1,
2003. Organizations can receive a DUNS
number at no cost by calling the toll-free
number at 1–866–705–5711 or via
internet at https://www.dnb.com/us/.
Additional information concerning this
requirement can be obtained on the
Grants.gov Web site at https://
www.grants.gov.
(2) A narrative verifying the
applicant’s ability to meet the eligibility
requirements stated earlier in this
notice.
(3) Standard Form 424, ‘‘Application
for Federal Assistance’’, can be obtained
at https://www.grants.gov or from any
Rural Development State Office listed in
the addresses section.
(4) Current (within 6 months)
financial statements with the following
paragraph certified by the applicant’s
designated and legally authorized
signer:
I/we certify the above is a true and accurate
reflection of 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.
(5) Check for $40 from applicants
made out to United States Department
of Agriculture. This will be used to pay
for credit reports obtained by Rural
Development.
(6) Evidence that the applicant is
unable to obtain credit from other
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23841
sources. Letters from credit institutions
which normally provide real estate
loans in the area should be obtained and
these letters should indicate the rates
and terms upon which a loan might be
provided. (Note: Not required from State
or local public agencies or Indian
tribes.)
(7) If a FLH grant is desired, a
statement concerning the need for a FLH
grant. The statement should include
preliminary estimates of the rents
required with and without a grant.
(8) A statement of the applicant’s
experience in operating labor housing or
other rental housing. If the applicant’s
experience is limited, additional
information should be provided to
indicate how the applicant plans to
compensate for this limited experience
(i.e., obtaining assistance and advice of
a management firm, non-profit group,
public agency, or other organization
which is experienced in rental
management and will be available on a
continuous basis).
(9) A brief statement explaining the
applicant’s proposed method of
operation and management (i.e., on-site
manager, contract for management
services, etc.). As stated earlier in this
notice, the housing must be managed in
accordance with the program’s
management regulation, 7 CFR part
3560 and tenancy is limited to ‘‘disabled
domestic farm laborers,’’ ‘‘domestic
farm laborers,’’ ‘‘retired domestic farm
laborers,’’ as defined in 7 CFR 3560.11.
(10) Applicants must also provide:
(a) A copy of, or an accurate citation
to, the special provisions of State law
under which they are organized, a copy
of the applicant’s charter, Articles of
Incorporation, and By-laws;
(b) The names, occupations, and
addresses of the applicant’s members,
directors, and officers; and
(c) If a member or subsidiary of
another organization, the organization’s
name, address, and nature of business.
(11) A preliminary market survey or
market study to identify the supply and
demand for labor housing in the market
area. The market area must be clearly
identified and may include only the
area from which tenants can reasonably
be drawn for the proposed project.
Documentation must be provided to
justify a need within the intended
market area for the housing of
‘‘domestic farm laborers’’, as defined in
7 CFR 3560.11. The documentation
must take into account disabled and
retired farm workers. The preliminary
survey should address or include the
following items:
(a) The annual income level of
farmworker families in the area and the
probable income of the farm workers
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who are apt to occupy the proposed
housing;
(b) A realistic estimate of the number
of farm workers who remain in the area
where they harvest and the number of
farm workers who normally migrate into
the area. Information on migratory
workers should indicate the average
number of months the migrants reside
in the area and an indication of what
type of family groups are represented by
the migrants (i.e., single individuals as
opposed to families);
(c) General information concerning
the type of labor-intensive crops grown
in the area and prospects for continued
demand for farm laborers;
(d) The overall occupancy rate for
comparable rental units in the area and
the rents charged and customary rental
practices for these units (i.e., will they
rent to large families, do they require
annual leases, etc.);
(e) The number, condition, adequacy,
rental rates and ownership of units
currently used or available to farm
workers;
(f) A description of the units
proposed, including the number, type,
size, rental rates, amenities such as
carpets and drapes, related facilities
such as a laundry room or community
room and other facilities providing
supportive services in connection with
the housing and the needs of the
prospective tenants, such as a health
clinic or day care facility, estimated
development timeline, estimated total
development cost, and applicant
contribution; and
(g) The applicant must also identify
all other sources of funds, including the
dollar amount, source, and commitment
status. (Note: A Section 516 grant may
not exceed 90 percent of the total
development cost of the housing.)
(12) A completed Form RD 1940–20,
‘‘Request for Environmental
Information,’’ and a description of
anticipated environmental issues or
concerns. The form can be found at
https://forms.sc.egov.usda.gov/eforms/
mainserv/let.
(13) A prepared HUD Form 935.2A,
‘‘Affirmative Fair Housing Marketing
Plan (AFHM) Multi-family Housing,’’ in
accordance with 7 CFR 1901.203(c). The
form can be found at https://
www.hud.gov/offices/adm/hudclips/
forms/files/935–2a.pdf. The plan will
reflect that occupancy is open to all
qualified ‘‘domestic farm laborers,’’
regardless of which farming operation
they work and that they will not
discriminate on the basis of race, color,
sex, age, disability, marital or familial
status or National origin in regard to the
occupancy or use of the units.
VerDate Nov<24>2008
13:08 May 20, 2009
Jkt 217001
(14) Evidence of site control, such as
an option contract or sales contract. In
addition, a map and description of the
proposed site, including the availability
of water, sewer, and utilities and the
proximity to community facilities and
services such as shopping, schools,
transportation, doctors, dentists, and
hospitals.
(15) Preliminary plans and
specifications, including plot plans,
building layouts, and type of
construction and materials. The housing
must meet Rural Development’s design
and construction standards contained in
7 CFR part 1924, subparts A and C and
must also meet all applicable Federal,
State, and local accessibility standards.
(16) A supportive services plan,
which describes services that will be
provided on-site or made available to
tenants through cooperative agreements
with service providers in the
community, such as a health clinic or
day care facility. Off-site services must
be accessible and affordable to farm
workers and their families. Letters of
intent from service providers are
acceptable documentation at the preapplication stage.
(17) A proposed operating budget
utilizing Form RD 3560–7, ‘‘Multiple
Family Housing Project Budget/Utility
Allowance,’’ can be found at https://
www.rurdev.usda.gov/regs/forms/3560–
07.pdf.
(18) An estimate of development cost
utilizing Form RD 1924–13, ‘‘Estimate
and Certificate of Actual Cost,’’ can be
found at https://forms.sc.egov.usda.gov/
eforms/mainserv/let.
(19) Form RD 3560–30, ‘‘Certification
of no Identity of Interest (IOI),’’ can be
found at https://www.rurdev.usda.gov/
reqs/forms/3560–30.pdf and Form RD
3560–31, ‘‘Identity of Interest
Disclosure/Qualification Certification,’’
can be found at https://
forms.sc.egov.usda.gov/eforms/
mainserv/let.
(20) Form HUD 2530, ‘‘Previous
Participation Certification,’’ can be
found at https://www.hud.gov/offices/
adm/hudclips/forms/files/2530.pdf.
(21) If requesting RA or Operating
Assistance, Form RD 3560–25, ‘‘Initial
Request for Rental Assistance or
Operating Assistance,’’ can be found at
https://forms.sc.egov.usda.gov/eforms/
mainserv/let.
(22) A sources and uses statement
which shows all sources of funding
included in the proposed project. The
terms and schedules of all sources
included in the project should be
included in the sources and uses
statement.
(23) A separate one-page information
sheet listing each of the ‘‘Pre-
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Frm 00005
Fmt 4703
Sfmt 4703
Application Scoring Criteria’’ contained
in this notice, followed by a reference to
the page numbers of all relevant
material and documentation that is
contained in the proposal that supports
the criteria.
(24) Applicants are encouraged, but
not required, to include a checklist of all
of the pre-application requirements and
to have their pre-application indexed
and tabbed to facilitate the review
process;
(25) Evidence of compliance with
Executive Order 12372. The applicant
must send a copy of Form SF–424 to the
applicant’s state clearinghouse for
intergovernmental review. If the
applicant is located in a state that does
not have a clearing house, the applicant
is not required to submit the form.
(26) Evidence of compliance with the
requirements of the applicable State
Housing Preservation Office (SHPO). A
letter from the SHPO where the off-farm
labor housing project is located, signed
by their designee will serve as evidence
of compliance.
(27) Form RD 400–4, ‘‘Assurance
Agreement,’’ can be found at https://
forms.sc.egov.usda.gov/eforms/
mainserv/let. Applications for
revitalization, repair and rehab are to
apply through the Multi-Family
Housing Revitalization Demonstration
Program.
V. Pre-Application Review Information
All applications for Sections 514 and
516 funds must be filed with the
appropriate Rural Development State
Office and must meet the requirements
of this notice. 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 preapplication.
Selection Criteria. Section 514 loan
funds and Section 516 grant funds will
be distributed to States based on a
national competition, as follows:
(1) Rural Development States will
accept, review, and score preapplications in accordance with this
notice. The scoring factors are:
(a) The presence and extent of
leveraged assistance, including donated
land, for the units that will serve
program-eligible tenants, calculated as a
percentage of the Rural Development
TDC. Rural Development TDC excludes
non-Rural Development eligible costs
such as a developer’s fee. Leveraged
assistance includes, but is not limited
to, funds for hard construction costs,
Section 8 or other non-Rural
Development tenant subsidies, and State
or Federal funds. A minimum of ten
percent leveraged assistance is required
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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
to earn points; however, if the total
percentage of leveraged assistance is
less than ten percent and the proposal
includes donated land, two points will
be awarded for the donated land. To
count as leveraged funds for purposes of
the selection criteria, a commitment of
funds must be provided with the preapplication. Points will be awarded in
accordance with the following table
using rounding to the nearest whole
number.
Percentage points
dwashington3 on PROD1PC60 with NOTICES
75% or more leveraged funds ..............
60–74% leveraged funds ......................
50–59% leveraged funds ......................
40–49% leveraged funds ......................
30–39% leveraged funds ......................
20–29% leveraged funds ......................
10–19% leveraged funds ......................
0–9% leveraged funds ..........................
20
18
16
12
10
8
5
0
Donated land in proposals with less
than ten percent total leveraged
assistance: Two points.
(b) Percent of units for seasonal,
temporary, migrant housing.
(1) Five points for up to and including
50 percent of the units; and
(2) 10 points for 51 percent or more
units used for seasonal, temporary, or
migrant housing.
(c) The selection criteria include one
optional criterion set by the National
Office. For FY 2009, the National Office
selection criterion is as follows: (1) Up
to 10 points will be awarded based on
the presence of and extent to which a
tenant services plan exists that clearly
outlines services that will be provided
to the residents of the proposed project.
These services may include, but are not
limited to, transportation related
services, on-site English as a Second
Language (ESL) classes, move-in funds,
emergency assistance funds,
homeownership counseling, food
pantries, after school tutoring, and
computer learning centers. (2) Two
points will be awarded for each resident
service included in the tenant services
plan up to a maximum of 10 points.
Plans must detail how the services are
to be administered, who will administer
them, and where they will be
administered. All tenant service plans
must include letters of intent that
clearly state the service that will be
provided at the project for the benefit of
the residents from any party
administering each service, including
the applicant.
(2) Rural Development State Offices
will conduct the preliminary eligibility
review, score the pre-applications, and
forward them to the National Office.
(3) The National Office will rank all
pre-applications nationwide and
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13:08 May 20, 2009
Jkt 217001
distribute funds to States in rank order,
within funding and RA limits. A lottery
in accordance with 7 CFR 3560.56(c)(2)
will be used for applications with tied
point scores when they all cannot be
funded. If insufficient funds or RA
remain for the next ranked proposal,
that applicant will be given a chance to
modify their pre-application to bring it
within remaining funding levels. This
will be repeated for each next ranked
eligible proposal until an award can be
made or the list is exhausted. Rural
Development will notify all applicants
on whether their applications have been
accepted or rejected.
VI. Award Administration Information
1. Award Notices
Loan applicants must submit their
initial applications by the due date
specified in this notice. State Offices
will review applications and provide a
list to the National Office. Once the
applications have been scored and
ranked by the National Office the
National Office, will advise States
Offices of the proposals selected for
further processing, State Offices will
respond to applicants by letter. If the
application is not accepted for further
processing, the applicant will be
notified of appeal rights under 7 CFR
part 11.
2. Administrative and National Policy
All Farm Labor Housing loans and
grant made pursuant to a contract
entered into on or after the effective date
of 7 CFR part 3560 are subject to the
restrictive-use provisions contained in 7
CFR 3560.72(a)(2).
23843
actuals, must allocate revenue and
expense between project operations and
the service component.
VII. Agency Contacts
For application information, contact
the Rural Development State Office
listed in the addresses section of this
notice.
VIII. Non-Discrimination Statement
The U.S. Department of Agriculture
(USDA) prohibits discrimination in all
its programs and activities on the basis
of race, color, national origin, age,
disability, and where applicable, sex,
marital status, familial status, parental
status, religion, sexual orientation,
genetic information, political beliefs,
reprisal, or because all or part of an
individual’s income is derived from any
public assistance program. (Not all
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means for communication of
program information (Braille, large
print, audiotape, etc.) should contact
USDA’s Target Center at (202) 720–2600
(voice and TDD). 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 and employer.
Dated: May 13, 2009.
James C. Alsop,
Acting Administrator, Rural Housing Service.
[FR Doc. E9–11833 Filed 5–20–09; 8:45 am]
BILLING CODE P
3. Reporting
Borrowers must maintain separate
financial records for the operation and
maintenance of the project and the
service component. Funds allocated to
the operation and maintenance of the
project may not be used to supplement
the cost of services, nor may service
component funds be used to
supplement the project operation and
maintenance. Detailed financial reports
on the service component will not be
required unless specifically requested
by Rural Development, and then only to
the extent necessary for Rural
Development and the borrower to
discuss the affordability (and
competitiveness) of the service
component by the tenant.
The project audit, or verification of
accounts on Form RD 3560–10,
‘‘Borrower Balance Sheet’’, together
with an accompanying Form RD 3560–
7 ‘‘Multiple Family Housing Project
Budget/Utility Allowance’’ showing
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DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Marine Recreational Fisheries
Statistics Survey.
OMB Control Number: 0648–0052.
Form Number(s): None.
Type of Request: Regular submission.
Burden Hours: 2,175 (new); 46,920
(current plus new).
Number of Respondents: 16,630
(new); 741,305 (current plus new).
Average Hours per Response: Pretest,
30 minutes; fishing effort screening
E:\FR\FM\21MYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23838-23843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11833]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability of Applications for Section 514
Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for
Off-Farm Housing for Fiscal Year (FY) 2009
AGENCY: Rural Housing Service, USDA.
[[Page 23839]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the timeframe to submit pre-applications
for Section 514 Farm Labor Housing (FLH) loans and Section 516 FLH
grants for the construction of new off-farm FLH units and related
facilities for domestic farm laborers. The intended purpose of these
loans and grants is to increase the number of available housing units
for domestic farm laborers. This notice describes the method used to
distribute funds, the application process, and submission requirements.
DATES: The deadline for receipt of all applications in response to this
is 5 p.m., local time to the appropriate Rural Development State Office
on July 20, 2009. The application closing deadline is firm as to date
and hour. Rural Development will not consider any application that is
received after the closing deadline unless date and time is extended by
another Notice published in the Federal Register. Applicants intending
to mail applications must provide sufficient time to permit delivery on
or before the closing deadline. Acceptance by a post office or private
mailer does not constitute delivery. Facsimile (FAX), and postage due
applications will not be accepted.
ADDRESSES: Applicants wishing to apply for assistance must contact the
Rural Development State Office serving the State of the proposed off-
farm labor housing project in order to receive further information and
copies of the application package. Rural Development will date and time
stamp incoming applications to evidence timely receipt and, upon
request, will provide the applicant with a written acknowledgment of
receipt. A listing of Rural Development State Offices, their addresses,
telephone numbers, and person to contact are as follows:
Note: Telephone numbers listed are not toll-free.
Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael
Road, Montgomery, AL 36106-3683, (334) 279-3455, TDD (334) 279-3495,
James B. Harris.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK
99645-6539, (907) 761-7705, 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) 280-8764,
TDD (602) 280-8706, Ernie Wetherbee.
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) 338-3436, TDD (352) 338-3499,
Daryl Cooper.
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, P.O. 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.
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) 477-6400, Michael Bosak.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC
27609, (919) 873-2055, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East
Rosser, P.O. Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701)
530-2113, Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High
Street, Columbus, OH 43215-2477, (614) 255-2418, TDD (614) 255-2554,
Melodie Taylor-Ward.
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-
2654, (405) 742-1070, TDD (405) 742-1007, Ivan S. Graves.
Oregon State Office, 1201 NE Lloyd Blvd., 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.
[[Page 23840]]
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, 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, Jeff Borcherding.
Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-
6715, TDD (307) 233-6733, Alan Brooks.
FOR FURTHER INFORMATION CONTACT: Henry Searcy, Finance and Loan
Analyst, Multi-Family Housing Preservation and Direct Loan Division,
STOP 0782 (Room 1263-S), USDA Rural Development, 1400 Independence
Avenue, SW., Washington, DC 20250-0782, telephone: (202) 720-1753 (this
is not a toll free number), or via e-mail: Henry.Searcy@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The reporting requirements contained in this notice have been
approved by the Office of Management and Budget under Control Number
0575-0189.
Overview Information
Federal Agency Name: Rural Housing Service.
Funding Opportunity Title: Notice of Funds Availability for Section
514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants
for Off-Farm Housing.
Announcement Type: Initial Notice inviting applications from
qualified applicants for FY 2009.
Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and
10.427.
DATES: The deadline for receipt of all applications in response to this
is 5 p.m., appropriate local time to each Rural Development State
Office, on July 20, 2009. The application closing deadline is firm as
to date and hour. Rural Development will not consider any application
that is received after the closing deadline unless date and time is
extended by another Notice published in the Federal Register.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX), and postage due applications will not be accepted.
I. Funding Opportunities Description
Housing that is constructed with FLH loans and grants must meet
Rural Development's design and construction standards contained in 7
CFR part 1924, subparts A and C. Once constructed, off-farm FLH must be
managed in accordance with the program's management regulation, 7 CFR
part 3560. Tenant eligibility is limited to persons who meet the
definition of a ``disabled domestic farm laborer'', ``domestic farm
laborer'', or ``retired domestic farm laborer,'' as defined in 7 CFR
3560.11. Farmworkers who are admitted to this country on a temporary
basis under the Temporary Agricultural Workers (H-2A Visa) program are
not eligible to occupy Section 514/516 off-farm FLH.
In addition, off-farm FLH must be operated on a non-profit basis
and tenancy must be open to all qualified domestic farm laborers,
regardless at which farm they work. Section 514(f)(3) of the Housing
Act of 1949 (42 U.S.C. 1484(f)(3)) amended the definition of domestic
farm laborers to include any person regardless of the person's source
of employment, who receives a substantial portion of his or her income
from the primary production of agricultural or aquacultural commodities
in the unprocessed stage, and also includes the person's family.
Operating assistance may be used in lieu of tenant-specific rental
assistance (RA) in off-farm labor housing projects that serve migrant
farmworkers as defined in 7 CFR 3560.11 that are financed under section
514 or section 516(h) of the Housing Act of 1949 (42 U.S.C. 1486(h)),
and otherwise meet the requirements of 7 CFR 3560.574. Owners of
eligible projects may choose tenant-specific RA or operating
assistance, or a combination of both; however, any tenant or unit
assisted with operating assistance may not also receive RA. It is
anticipated that operating assistance will not be available for new
construction in FY 2009.
II. Award Information
Applications for FY 2009 will only be accepted through the date and
time listed in this notice. Since USDA Rural Development has the
ability to adjust loan and grant levels, final loan and grant levels
will fluctuate, and are subject to the availability of funding. The
funds available for FY 2009 for Off-Farm Labor Housing are: Section 514
$22,977,147, Section 516 $8,586,430 and Rental Assistance $3,400,000.
Individual requests may not exceed $3 million (total loan and
grant). At this time, there is no available operating assistance.
Section 516 off-farm FLH grants may not exceed 90 percent of the total
development cost (TDC) of the housing as defined in 7 CFR 3560.11.
Applications that require leveraged funding must have firm commitments
in place for all of the leveraged funding within one year of the Agency
issuance of Form AD-622, ``Notice of Pre-application Review Action,''
to the applicant. If leverage funds are in the form of tax credits, the
applicant must document a history of receiving tax credits.
III. Eligibility Information
A. Applicant Eligibility
(1) To be eligible to receive a Section 516 grant for off-farm FLH,
the applicant must be a broad-based non-profit organization, a
community organization which can include a faith-based organization, a
non-profit organization of farm workers, a Federally recognized Indian
tribe, an agency or political subdivision of a State or local
government, or a public agency (such as a housing authority). The
applicant must be able to contribute at lease one-tenth of the TDC non-
Rural Development resources which can include leveraged funds.
(2) To be eligible to receive a Section 514 loan for off-farm FLH,
the applicant must be a broad-based non-profit organization, a
community organization which can include a faith-based organization, a
non-profit organization of farm workers, a Federally recognized Indian
tribe, an agency or political subdivision of a State or local
government, a public agency (such as a housing authority), or a limited
partnership which has a non-profit entity as its general partner, and
(a) Be unable to provide the necessary housing from its own
resources; and
(b) Except for State or local public agencies and Indian tribes, be
unable to obtain similar credit elsewhere at rates that would allow for
rents within the payment ability of eligible residents.
(3) Broad-based non-profit organizations must have a membership
that reflects a variety of interests in the area where the housing will
be located.
[[Page 23841]]
B. Cost Sharing or Matching
Section 516 grants for off-farm FLH may not exceed the lesser of 90
percent of the TDC as provided in 7 CFR 3560.562(c)(1).
C. Other Administrative Requirements
The following requirements apply to loans and grants made in
response to this notice:
(1) 7 CFR part 1901, subpart E, regarding equal opportunity
requirements;
(2) 7 CFR parts 3015, 3016 or 3019 (as applicable), which
establishes the uniform administrative requirements for grants and
cooperative agreements to State and local governments and to non-profit
organizations;
(3) 7 CFR part 1901, subpart F, regarding historical and
archaeological properties;
(4) 7 CFR part 1940, subpart G, regarding environmental
assessments;
(5) 7 CFR part 3560, subpart L, regarding the loan and grant
authorities of the off-farm FLH program;
(6) 7 CFR part 1924, subpart A, regarding planning and performing
construction and other development;
(7) 7 CFR part 1924, subpart C, regarding the planning and
performing of site development work; and
(8) For construction financed with a Section 516 grant, the
provisions of the Davis-Bacon Act (40 U.S.C. Sec. 276(a)-276(a)(5) and
implementing regulations published at 29 CFR parts 1, 3, and 5.
(9) All other requirements contained in 7 CFR part 3560, regarding
the Section 514/516 off-farm FLH program.
IV. Application and Submission Information
The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a final application.
Only those proposals that are selected for funding will be invited to
submit final applications. In the event that a proposal is selected for
further processing and the applicant declines, the next highest ranked
unfunded pre-application may be selected.
All pre-applications for Sections 514 and 516 funds must be filed
with the appropriate Rural Development State Office and must meet the
requirements of this notice. Incomplete pre-applications will not be
reviewed and will be returned to the applicant. No pre-application will
be accepted after 5 p.m., local time to the appropriate Rural
Development State Office on July 20, 2009 unless date and time is
extended by another Notice published in the Federal Register.
If a pre-application is accepted for further processing, the
applicant must submit a complete, final application, acceptable to
Rural Development prior to the obligation of Rural Development funds.
If the pre-application is not accepted for further processing the
applicant will be notified of appeal rights under 7 CFR part 11.
Pre-Application Requirements
The pre-application must contain the following:
(1) A summary page listing the following items. This information
should be double-spaced between items and not be in narrative form.
(a) Applicant's name.
(b) Applicant's Taxpayer Identification Number.
(c) Applicant's address.
(d) Applicant's telephone number.
(e) Name of applicant's contact person, telephone number, and
address.
(f) Amount of loan and grant requested.
(g) For grants, the applicant's Dun and Bradstreet Data Universal
Numbering System (DUNS) number. As required by the Office of Management
and Budget (OMB), all grant applicants must provide a DUNS number when
applying for Federal grants, on or after October 1, 2003. Organizations
can receive a DUNS number at no cost by calling the toll-free number at
1-866-705-5711 or via internet at https://www.dnb.com/us/. Additional
information concerning this requirement can be obtained on the
Grants.gov Web site at https://www.grants.gov.
(2) A narrative verifying the applicant's ability to meet the
eligibility requirements stated earlier in this notice.
(3) Standard Form 424, ``Application for Federal Assistance'', can
be obtained at https://www.grants.gov or from any Rural Development
State Office listed in the addresses section.
(4) Current (within 6 months) financial statements with the
following paragraph certified by the applicant's designated and legally
authorized signer:
I/we certify the above is a true and accurate reflection of 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.
(5) Check for $40 from applicants made out to United States
Department of Agriculture. This will be used to pay for credit reports
obtained by Rural Development.
(6) Evidence that the applicant is unable to obtain credit from
other sources. Letters from credit institutions which normally provide
real estate loans in the area should be obtained and these letters
should indicate the rates and terms upon which a loan might be
provided. (Note: Not required from State or local public agencies or
Indian tribes.)
(7) If a FLH grant is desired, a statement concerning the need for
a FLH grant. The statement should include preliminary estimates of the
rents required with and without a grant.
(8) A statement of the applicant's experience in operating labor
housing or other rental housing. If the applicant's experience is
limited, additional information should be provided to indicate how the
applicant plans to compensate for this limited experience (i.e.,
obtaining assistance and advice of a management firm, non-profit group,
public agency, or other organization which is experienced in rental
management and will be available on a continuous basis).
(9) A brief statement explaining the applicant's proposed method of
operation and management (i.e., on-site manager, contract for
management services, etc.). As stated earlier in this notice, the
housing must be managed in accordance with the program's management
regulation, 7 CFR part 3560 and tenancy is limited to ``disabled
domestic farm laborers,'' ``domestic farm laborers,'' ``retired
domestic farm laborers,'' as defined in 7 CFR 3560.11.
(10) Applicants must also provide:
(a) A copy of, or an accurate citation to, the special provisions
of State law under which they are organized, a copy of the applicant's
charter, Articles of Incorporation, and By-laws;
(b) The names, occupations, and addresses of the applicant's
members, directors, and officers; and
(c) If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
(11) A preliminary market survey or market study to identify the
supply and demand for labor housing in the market area. The market area
must be clearly identified and may include only the area from which
tenants can reasonably be drawn for the proposed project. Documentation
must be provided to justify a need within the intended market area for
the housing of ``domestic farm laborers'', as defined in 7 CFR 3560.11.
The documentation must take into account disabled and retired farm
workers. The preliminary survey should address or include the following
items:
(a) The annual income level of farmworker families in the area and
the probable income of the farm workers
[[Page 23842]]
who are apt to occupy the proposed housing;
(b) A realistic estimate of the number of farm workers who remain
in the area where they harvest and the number of farm workers who
normally migrate into the area. Information on migratory workers should
indicate the average number of months the migrants reside in the area
and an indication of what type of family groups are represented by the
migrants (i.e., single individuals as opposed to families);
(c) General information concerning the type of labor-intensive
crops grown in the area and prospects for continued demand for farm
laborers;
(d) The overall occupancy rate for comparable rental units in the
area and the rents charged and customary rental practices for these
units (i.e., will they rent to large families, do they require annual
leases, etc.);
(e) The number, condition, adequacy, rental rates and ownership of
units currently used or available to farm workers;
(f) A description of the units proposed, including the number,
type, size, rental rates, amenities such as carpets and drapes, related
facilities such as a laundry room or community room and other
facilities providing supportive services in connection with the housing
and the needs of the prospective tenants, such as a health clinic or
day care facility, estimated development timeline, estimated total
development cost, and applicant contribution; and
(g) The applicant must also identify all other sources of funds,
including the dollar amount, source, and commitment status. (Note: A
Section 516 grant may not exceed 90 percent of the total development
cost of the housing.)
(12) A completed Form RD 1940-20, ``Request for Environmental
Information,'' and a description of anticipated environmental issues or
concerns. The form can be found at https://forms.sc.egov.usda.gov/eforms/mainserv/let.
(13) A prepared HUD Form 935.2A, ``Affirmative Fair Housing
Marketing Plan (AFHM) Multi-family Housing,'' in accordance with 7 CFR
1901.203(c). The form can be found at https://www.hud.gov/offices/adm/hudclips/forms/files/935-2a.pdf. The plan will reflect that occupancy
is open to all qualified ``domestic farm laborers,'' regardless of
which farming operation they work and that they will not discriminate
on the basis of race, color, sex, age, disability, marital or familial
status or National origin in regard to the occupancy or use of the
units.
(14) Evidence of site control, such as an option contract or sales
contract. In addition, a map and description of the proposed site,
including the availability of water, sewer, and utilities and the
proximity to community facilities and services such as shopping,
schools, transportation, doctors, dentists, and hospitals.
(15) Preliminary plans and specifications, including plot plans,
building layouts, and type of construction and materials. The housing
must meet Rural Development's design and construction standards
contained in 7 CFR part 1924, subparts A and C and must also meet all
applicable Federal, State, and local accessibility standards.
(16) A supportive services plan, which describes services that will
be provided on-site or made available to tenants through cooperative
agreements with service providers in the community, such as a health
clinic or day care facility. Off-site services must be accessible and
affordable to farm workers and their families. Letters of intent from
service providers are acceptable documentation at the pre-application
stage.
(17) A proposed operating budget utilizing Form RD 3560-7,
``Multiple Family Housing Project Budget/Utility Allowance,'' can be
found at https://www.rurdev.usda.gov/regs/forms/3560-07.pdf.
(18) An estimate of development cost utilizing Form RD 1924-13,
``Estimate and Certificate of Actual Cost,'' can be found at https://forms.sc.egov.usda.gov/eforms/mainserv/let.
(19) Form RD 3560-30, ``Certification of no Identity of Interest
(IOI),'' can be found at https://www.rurdev.usda.gov/reqs/forms/3560-30.pdf and Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification,'' can be found at https://forms.sc.egov.usda.gov/eforms/mainserv/let.
(20) Form HUD 2530, ``Previous Participation Certification,'' can
be found at https://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.
(21) If requesting RA or Operating Assistance, Form RD 3560-25,
``Initial Request for Rental Assistance or Operating Assistance,'' can
be found at https://forms.sc.egov.usda.gov/eforms/mainserv/let.
(22) A sources and uses statement which shows all sources of
funding included in the proposed project. The terms and schedules of
all sources included in the project should be included in the sources
and uses statement.
(23) A separate one-page information sheet listing each of the
``Pre-Application Scoring Criteria'' contained in this notice, followed
by a reference to the page numbers of all relevant material and
documentation that is contained in the proposal that supports the
criteria.
(24) Applicants are encouraged, but not required, to include a
checklist of all of the pre-application requirements and to have their
pre-application indexed and tabbed to facilitate the review process;
(25) Evidence of compliance with Executive Order 12372. The
applicant must send a copy of Form SF-424 to the applicant's state
clearinghouse for intergovernmental review. If the applicant is located
in a state that does not have a clearing house, the applicant is not
required to submit the form.
(26) Evidence of compliance with the requirements of the applicable
State Housing Preservation Office (SHPO). A letter from the SHPO where
the off-farm labor housing project is located, signed by their designee
will serve as evidence of compliance.
(27) Form RD 400-4, ``Assurance Agreement,'' can be found at https://forms.sc.egov.usda.gov/eforms/mainserv/let. Applications for
revitalization, repair and rehab are to apply through the Multi-Family
Housing Revitalization Demonstration Program.
V. Pre-Application Review Information
All applications for Sections 514 and 516 funds must be filed with
the appropriate Rural Development State Office and must meet the
requirements of this notice. 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 pre-
application.
Selection Criteria. Section 514 loan funds and Section 516 grant
funds will be distributed to States based on a national competition, as
follows:
(1) Rural Development States will accept, review, and score pre-
applications in accordance with this notice. The scoring factors are:
(a) The presence and extent of leveraged assistance, including
donated land, for the units that will serve program-eligible tenants,
calculated as a percentage of the Rural Development TDC. Rural
Development TDC excludes non-Rural Development eligible costs such as a
developer's fee. Leveraged assistance includes, but is not limited to,
funds for hard construction costs, Section 8 or other non-Rural
Development tenant subsidies, and State or Federal funds. A minimum of
ten percent leveraged assistance is required
[[Page 23843]]
to earn points; however, if the total percentage of leveraged
assistance is less than ten percent and the proposal includes donated
land, two points will be awarded for the donated land. To count as
leveraged funds for purposes of the selection criteria, a commitment of
funds must be provided with the pre-application. Points will be awarded
in accordance with the following table using rounding to the nearest
whole number.
------------------------------------------------------------------------
Percentage points
------------------------------------------------------------------------
75% or more leveraged funds...................................... 20
60-74% leveraged funds........................................... 18
50-59% leveraged funds........................................... 16
40-49% leveraged funds........................................... 12
30-39% leveraged funds........................................... 10
20-29% leveraged funds........................................... 8
10-19% leveraged funds........................................... 5
0-9% leveraged funds............................................. 0
------------------------------------------------------------------------
Donated land in proposals with less than ten percent total
leveraged assistance: Two points.
(b) Percent of units for seasonal, temporary, migrant housing.
(1) Five points for up to and including 50 percent of the units;
and
(2) 10 points for 51 percent or more units used for seasonal,
temporary, or migrant housing.
(c) The selection criteria include one optional criterion set by
the National Office. For FY 2009, the National Office selection
criterion is as follows: (1) Up to 10 points will be awarded based on
the presence of and extent to which a tenant services plan exists that
clearly outlines services that will be provided to the residents of the
proposed project. These services may include, but are not limited to,
transportation related services, on-site English as a Second Language
(ESL) classes, move-in funds, emergency assistance funds, homeownership
counseling, food pantries, after school tutoring, and computer learning
centers. (2) Two points will be awarded for each resident service
included in the tenant services plan up to a maximum of 10 points.
Plans must detail how the services are to be administered, who will
administer them, and where they will be administered. All tenant
service plans must include letters of intent that clearly state the
service that will be provided at the project for the benefit of the
residents from any party administering each service, including the
applicant.
(2) Rural Development State Offices will conduct the preliminary
eligibility review, score the pre-applications, and forward them to the
National Office.
(3) The National Office will rank all pre-applications nationwide
and distribute funds to States in rank order, within funding and RA
limits. A lottery in accordance with 7 CFR 3560.56(c)(2) will be used
for applications with tied point scores when they all cannot be funded.
If insufficient funds or RA remain for the next ranked proposal, that
applicant will be given a chance to modify their pre-application to
bring it within remaining funding levels. This will be repeated for
each next ranked eligible proposal until an award can be made or the
list is exhausted. Rural Development will notify all applicants on
whether their applications have been accepted or rejected.
VI. Award Administration Information
1. Award Notices
Loan applicants must submit their initial applications by the due
date specified in this notice. State Offices will review applications
and provide a list to the National Office. Once the applications have
been scored and ranked by the National Office the National Office, will
advise States Offices of the proposals selected for further processing,
State Offices will respond to applicants by letter. If the application
is not accepted for further processing, the applicant will be notified
of appeal rights under 7 CFR part 11.
2. Administrative and National Policy
All Farm Labor Housing loans and grant made pursuant to a contract
entered into on or after the effective date of 7 CFR part 3560 are
subject to the restrictive-use provisions contained in 7 CFR
3560.72(a)(2).
3. Reporting
Borrowers must maintain separate financial records for the
operation and maintenance of the project and the service component.
Funds allocated to the operation and maintenance of the project may not
be used to supplement the cost of services, nor may service component
funds be used to supplement the project operation and maintenance.
Detailed financial reports on the service component will not be
required unless specifically requested by Rural Development, and then
only to the extent necessary for Rural Development and the borrower to
discuss the affordability (and competitiveness) of the service
component by the tenant.
The project audit, or verification of accounts on Form RD 3560-10,
``Borrower Balance Sheet'', together with an accompanying Form RD 3560-
7 ``Multiple Family Housing Project Budget/Utility Allowance'' showing
actuals, must allocate revenue and expense between project operations
and the service component.
VII. Agency Contacts
For application information, contact the Rural Development State
Office listed in the addresses section of this notice.
VIII. Non-Discrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, age, disability, and where applicable, sex, marital
status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because all or
part of an individual's income is derived from any public assistance
program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact
USDA's Target Center at (202) 720-2600 (voice and TDD). 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 and employer.
Dated: May 13, 2009.
James C. Alsop,
Acting Administrator, Rural Housing Service.
[FR Doc. E9-11833 Filed 5-20-09; 8:45 am]
BILLING CODE P
