Notice of Funding Availability (NOFA): Section 515 Rural Rental Housing Program for New Construction in Fiscal Year 2010, 19348-19353 [2010-8455]
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19348
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
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[FR Doc. 2010–8457 Filed 4–13–10; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA):
Section 515 Rural Rental Housing
Program for New Construction in
Fiscal Year 2010
AGENCY: Rural Housing Service (RHS),
USDA.
ACTION: Notice. Announcement Type:
Inviting applications from eligible
applicants for Fiscal Year (FY) 2010
funding.
Catalog of Federal Domestic Assistance
Number (CFDA): 10.415 and 10.427.
SUMMARY: U.S. Department of
Agriculture (USDA) Rural Development
(Agency) administers the programs of
the RHS. This NOFA announces the
timeframe to submit applications for
Section 515 Rural Rental Housing (RRH)
new construction loan funds, including
applications for the nonprofit set-aside
for eligible nonprofit entities, set-aside
for Rural Economic Area Partnership
(REAP), and the set-aside for the most
Underserved Counties and Colonias
(Cranston-Gonzalez National Affordable
Housing Act).
This document describes the
methodology that will be used to
distribute funds, the application
process, submission requirements, and
areas of special emphasis or
consideration. For FY 2010, the Agency
will provide scoring points to those
proposals that have a goal of reaching a
net zero energy consumption level
during future project operations.
DATES: The deadline for receipt of all
applications in response to this NOFA
is 5 p.m., local time for each USDA
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Rural Development State Office 60 days
from the published date of this Notice.
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.
FOR FURTHER INFORMATION CONTACT:
Applicants must contact the applicable
Rural Development State Office serving
the State where the project will be built
in order to submit an application. The
State Office will provide further
information pertaining to the
application process, copy of the initial
application package, and a list of
designated places established under 7
CFR 3560.57 for new Section 515
facilities. A listing of USDA Rural
Development State Offices, addresses,
telephone numbers, and contact person
can be found below in Section XI of this
NOFA.
For general information, applicants
may contact Melinda Price, Finance and
Loan Analyst, Multi-Family Housing
Preservation and Direct Loan Division,
Rural Housing Service, U.S. Department
of Agriculture, Federal Building Room
507, 200 North High St. Columbus, Ohio
43215–2418, telephone (614) 255–2403
(not a toll free number), or (800) 877–
8339 (TDD-Federal Information Relay
Service), or via e-mail
melinda.price@wdc.usda.gov.
For questions regarding design and
construction project delivery methods,
questions about any of the energy
efficiency and environmental
sustainability programs, as well as
questions about design and construction
contracts should be directed to Meghan
Walsh, A.I.A., LEED AP, Architect,
USDA/RD/PSS, 1400 Independence
Ave., SW., Mail Stop 0761, Washington,
DC 20250, Rural Housing Service, (202)
205–9590 (not a toll free number) or
(800) 877–8339 (TDD-Federal
Information Relay Service), or via e-mail
meghan.walsh@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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Paperwork Burden Act
The information collection
requirements contained in this Notice
have received approval from the Office
of Management and Budget (OMB)
under Control Number 0570–0190.
Overview
The Agriculture, Rural Development,
Food and Drug Administration, and
Related Agencies Appropriations Act,
2010 (Pub. L. 111–80), October 16, 2009
details the level of funding. The Section
515 Multi-Family Housing (MFH)
program is authorized by the Housing
Act of 1949, as amended (42 U.S.C.
1485) and provides Rural Development
with the authority to make loans for
low-income MFH.
Program Administration
I. Authorities
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. $2,030,000 in RA will be
available for new construction in Fiscal
Year (FY) 2010.
II. Description of Section 515 New
Construction Funding Opportunity
The total amount available for FY
2010 for Section 515new construction is
$18,902,349:
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Non-Restricted .....................
Set-aside for non-profits ......
Set-aside for Underserved
Counties and Colonias .....
REAP Zones available until
June 30, 2010 ...................
$8,808,935
4,617,827
3,475,587
2,000,000
All applications for new construction
funding must qualify under one of the
three Set-asides or as a non-restricted.
Qualifications for the Set-asides are
described in paragraph VII below. Those
applications scoring highest in each of
the four categories will be funded first.
Any unused funds will revert to Nonrestricted status.
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III. Award Information
(A) Individual loan requests may not
exceed $1 million. This applies to
regular Section 515 funds and set-aside
funds. The Administrator may make an
exception to this limit in cases where a
State’s average total development costs
exceed the National average by 50
percent or more.
(B) No State may receive more than 20
percent of the total amount available for
new construction, including set-aside
funds.
(C) Funding for this program will be
equitably distributed across the country,
and applied to all Five (5) Climate
Zones within the U.S. as defined by the
Department of Energy. A map of the 5
climate zones can be found at: https://
www.eia.doe.gov/emeu/recs/
climate_zone.html. The four highest
scoring applications in each of the five
climate zones will be selected for
further processing. An Agency architect
from each climate zone will be assigned
to assist in evaluating applications.
IV. Eligibility Information
Applicants must meet the eligibility
criteria as determined under 7 CFR
3560.55.
V. Application and Submission
Information
(A) Application Requirements: All
applications must be filed with the
appropriate Rural Development State
Office where the project will be located
and must meet the requirements of 7
CFR 3560.56, as well as comply with the
provisions of this NOFA. The USDA
Rural Development State Office will
date and time stamp incoming
applications to evidence timely or
untimely receipt, and, upon request,
provide the applicant with a written
acknowledgment of receipt. A list of
State Office contacts may be found in
Section XI 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.
(B) Submission Requirements: 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. Documents and information
required in the application package are
described as follows:
(1) Documents to establish applicant
eligibility:
a. Form SF 424, Application for
Federal Assistance.
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19349
b. Form RD 410–9, Statement
Required by Privacy Act (for
individuals).
c. Form RD 400–4, Assurance
Agreement.
d. Form HUD 2530, Previous
Participation Certification.
e. Current (within 6 months) financial
statements with the following paragraph
certified by an authorized individual,
agent or representative 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 entity
applicants made out to U.S. Department
of Agriculture. This will be used to pay
for credit reports obtained by USDA
Rural Development.
g. Statement signed by applicants that
they will pay any cost overruns.
h. If an entity applicant is selected,
the Agency will require additional
documentation as set forth in a
Conditional Commitment in order to
verify the entity has the legal and
financial capability to carry out the
obligations of the loan.
(2) Documents to establish project
feasibility:
The applicant must provide the
following:
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: (Because
projects are expected to be in pre-design
or very early schematic design for
application purposes, these drawings
may be prepared only as preliminary
sketches. It is expected that teams will
be working in an integrated design
method and therefore there will be
changes to these sketches to meet
energy-efficiency goals, if any)
(i) Site plan, including contour lines;
Floor plan of each living unit type and
other spaces, such as laundry facilities,
community rooms, stairwells, etc.;
(ii) Building exterior elevations;
(iii) Typical building exterior wall
section; and
(iv) Plot plan.
d. Description and justification of
related facilities, and a schedule of
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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). The selection of the
contractor must be done through the
process established in 7 CFR part 1924.
g. Statement of proposed
management.
h. Congregate services package/plan
(if applicable).
i. Statement of support from other
Government services providers to the
project (congregate only).
j. Response to the Uniform Relocation
Assistance Act (if applicable).
(3) Documents for Project financing:
The applicant must provide the
following:
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 any contribution to the
reserve account.
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).
(4) Documents for environmental and
site information:
a. 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. A copy of the 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 the
project description to the State Housing
Preservation Office with request for
comments.
f. The applicant’s comments regarding
relevant offsite conditions that may
impact the project.
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g. The applicant’s explanation of any
proposed energy efficiency components.
(5) Fillable forms to be included in
initial application package may be
found at the following links:
a. Form SF 424, Application for
Federal Assistance, which can be found
online at https://www.grants.gov/techlib/
SF424-v2.0.pdf;
b. Form RD 1940–20, Request for
Environmental Information, which can
be found online at: https://
www.rurdev.usda.gov/regs/forms/194020.pdf;
c. Form HUD 2530, Previous
Participation Certification, which can be
found online at: https://www.hud.gov/
offices/adm/hudclips/forms/files/
2530.pdf;
d. 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/RD1924-13.pdf;
e. Form RD 400–4, Assurance
Agreement, which can be found online
at: https://www.rurdev.usda.gov/regs/
forms/0400-04.pdf.
The following required forms are
fillable and are available online but
require e-authentication access. If the
applicant does not have eauthentication access, the applicable
State Office (Section XI) must be
contacted for instructions and
permission to obtain access or a copy of
the form.
Form RD 3560–7, Multiple Family
Housing Project Budget/Utility
Allowance: https://
formsadmin.sc.egov.usda.gov/
efcommon/eFileServices/Forms/
RD3560-0007_060500V01.pdf, Form RD
410–9, Statement Required by the
Privacy Act (for individuals only)
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.
VI. Selection Process
An amount of $8,808,935 is available
for non-restricted Section 515 new
construction. Initial applications shall
be submitted to the States. States will
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then accept; review, score, and rank
requests in accordance with 7 CFR
3560.56 and this NOFA. The four
highest scoring applications in each of
the five climate zones will receive
further processing. The National Office
will divide the applications by climate
zone, rank all requests within each
climate zone, and equitably distribute
funds, within funding limits. If
insufficient funds remain for the next
ranked proposal, USDA Rural
Development will select the next ranked
proposal in that particular climate zone
that falls within the remaining levels.
Point score ties within a particular
climate region will be handled in
accordance with 7 CFR 3560.56(c)(2).
All eligible and complete applications
will be evaluated based on the following
criteria:
(A) Net Zero Energy Consumption. In
an effort to implement USDA’s
nationwide initiative to promote
sustainable building development,
energy-efficiency and conservation,
USDA Rural Development has adopted
a goal that all new MFH projects,
financed in whole or in part by the
USDA, will achieve net zero energy
consumption—it will consume no more
energy than it produces. As a results,
points will be awarded for participation
in this initiative pursuant to 7 CFR
section 3560.56(c)(1)(iii). Program
participation points will be awarded as
follows:
(1) Participation in a System ThirdParty Measured and Verified
Sustainable Development and EnergyEfficiency program. The points will be
allocated as follows: (maximum 37
points).
(a) Participate in the Department of
Energy’s Energy Star for Homes
program: https://www.energystar.gov/
index.cfm?c=bldrs_lenders_raters.nh_
multifamily_units. (2 points);
(b) Participate in the Department of
Energy’s Builder’s Challenge program:
https://www1.eere.energy.gov/buildings/
challenge/about.html. (6 points);
(c) Participation in the following
programs will be awarded 5 points for
each program with a maximum of 15
points.
(1) Green Communities program by
the Enterprise Community Partners
(https://www.enterprisecommunity.org);
(2) LEED for Homes program by the
United States Green Building Council
(USGBC) (https://www.usgbc.org); and
(3) The National Association of Home
Builders (NAHB) ICC 700–2008
National Green Building StandardTM
(https://www.nahb.org).
(d) Participation in higher
certification levels. LEED for Homes and
ICC 700–2008 National Green Building
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StandardTM each have four levels of
increasingly challenging certification.
For specific information on the different
levels for these programs please refer to
their websites listed above. Projects will
receive an additional 2 points for each
higher certification level commitment
beyond the baseline of the program. (16
points maximum)
(e) Participate in local green/energy
efficient building standards. Applicants,
who participate in a city, county or
municipality program, will receive an
additional 2 points. Points will be
awarded only if the applicant is crossenrolled with a national program
described under section VI.A.(1).
The applicant should be aware that
most of the following requirements are
embedded in the third-party programs
rating and verification systems; the
applicant should look at the
requirements for each program for
specific details:
(a) Team of qualified professionals in
design and construction of sustainable
buildings.
(b) Initial design charette, ongoing
third party verification and postconstruction operations & maintenance
education.
(c) Tight building envelope with
indoor air quality assurance.
(d) Program for education of tenants
and property managers in operations
and maintenance.
(2) Energy Generation. To reach
USDA’s goal of net zero energy
consumption, it is essential to generate
renewable energy on site which will
complement a weather tight, wellinsulated building envelope with highly
efficient mechanical systems. Possible
renewable energy generation
technologies include: Wind turbines
and micro-turbines, micro-hydro power,
photovoltaics, solar hot water systems
and biomass/biofuel systems that do not
use fossil fuels in production. Geoexchange systems are highly encouraged
as they lessen the total demand for
energy and, if supplemented with other
renewable energy sources, can achieve
zero energy consumption more easily.
Energy analysis of preliminary building
plans using industry recognized
simulation software should document
the projected energy consumption of the
building, the portion of building
consumption which will be satisfied
through on-site generation, and the
building’s HERS (Home Energy Rating
System) score. In order to receive points
under this section the energy analysis
will need to be submitted with the
application. Points under this section
will be awarded as follows:
(a) New MFH projects whose
preliminary building plans project it
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will consume no more energy than it
produces. (30 Points)
(b) Projects whose preliminary
building plans project they will have
less than a one hundred percent energy
generation commitment (where
generation is considered to be the total
amount of energy needed to be
generated on-site to make the building
a net-zero consumer of energy), will be
awarded points corresponding to their
percent of commitment. (ex. 80 percent
commitment to energy generation = 24
points or 80 percent of 30 points).
Note: This section was moved up
substantially shortened.
(B) Leverage Assistance: 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). Each of the environmental
conservation programs mentioned under
VI.(A) may include grants and
additional funding. This funding is also
considered leverage assistance and can
receive points under this section. Also,
funding sources for energy-efficiency in
each State can be found at: https://
www.dsireusa.org/. Loan proposals that
include leveraged/secondary funds
which have been requested but have not
yet been committed will be processed as
follows: The proposal will be scored
based on the requested 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 30 points)
Number of points
30
25
20
15
..............................
..............................
..............................
..............................
Description % of
leveraging
150 or more
100–149
50–99
1–49
(C) The units to be developed are in
a colonia, tribal land, or Rural Economic
Area Partnership (REAP) community, or
in a place identified in the State
Consolidated Plan or State Needs
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19351
Assessment as a high need community
for MFH. (20 points)
(D) Pursuant to 7 CFR
3560.56(c)(1)(iii), a National Office
initiative will provide points 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 MFH. The
applicant can contact its USDA Rural
Development State Office to determine
whether a particular State falls into this
initiative. (20 Points)
(E) The loan request includes donated
land meeting the provisions of 7 CFR
3560.56(c)(1)(iv). (5 points)
(F) Pursuant to 7 CFR
3560.56(c)(1)(iii), points will be
awarded if the property will be
constructed in a Presidentially declared
disaster area. The area must have been
Presidentially declared a disaster area in
2009. For further information on
Presidentially declared disaster areas,
see https://www.rurdev.usda.gov/rd/
disasters/. (10 Points)
VII. Set Asides
Loan requests will be accepted for the
following set asides:
(1) Nonprofit set-aside. An amount of
$4,617,827 has been set aside for nonprofit applicants as defined in 7 CFR
3560.11. All loan proposals must be in
designated places in accordance with 7
CFR 3560.57. A State or jurisdiction
may fund one proposal from this setaside, 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. If there are insufficient
funds to fund one loan request from
each participating State, selection will
be determined nationally by point score
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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 $3,475,587 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) REAP Set-aside. An amount of
$2,000,000 has been set-aside to develop
units in a REAP zone. Loan requests that
are eligible for this set-aside are also
eligible for regular Section 515 funds.
When requests for this set-aside exceed
available funds, selection will be made
in accordance with 7 CFR 3560.56(c)
and ranking as described earlier in this
NOFA. This set-aside is only available
until June 30, 2010.
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VIII. Rental Assistance (RA)
New construction RA will be
available for FY 2010 in the amount of
$2,030,000. Unused RA may be
allocated from within the State
jurisdiction to approved new
construction projects. Unused RA can
only be allocated within the same State,
and shall not be reallocated to another
State. 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.
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IX. Appeal Process
Applicants that are rejected will be
notified and given appeal rights under
7 CFR part 11. All adverse
determinations regarding applicant’s
eligibility and the awarding of points as
a part of the selection process are
appealable. Instructions on the appeal
process will be provided at the time an
applicant is notified of the adverse
action.
X. Equal Opportunity and NonDiscrimination Requirements
U.S. Department of Agriculture is an
equal opportunity provider, employer,
and lender.
Borrowers and applicants will comply
with the provisions of 7 CFR 3560.2. All
housing must meet the accessibility
requirements found at 7 CFR 3560.60(d).
All applicants must submit or have on
file a valid Form RD 400–1, ‘‘Equal
Opportunity Agreement’’ and Form RD
400–4, ‘‘Assurance Agreement.’’
The 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.’’
The policies and regulations
contained in 7 CFR part 1901, subpart
E, apply to this program.
XI. USDA Rural Development MFH
State Office Contacts
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.
PO 00000
Frm 00006
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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 NW 25th Place, Gainesville, FL
32606–6563, (352) 338–3465, TDD
(352) 338–3499, Tresca Clemmons.
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, Roni
Atkins.
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, Paul Neumann.
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, Mike Resnik.
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.
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
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–
0987, TDD (573) 876–9480, Rachelle
Long.
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, William Brewer.
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 Gauna.
New York State Office, The Galleries of
Syracuse, 441 S. Salina Street, Suite
357 5th Floor, Syracuse, NY 13202,
(315) 477–6421, TDD (315) 477–6421,
Michael Bosak.
North Carolina State Office, 4405 Bland
Road, Suite 260, Raleigh, NC 27609,
(919) 873–2066, TDD (919) 873–2003,
Beverly Casey.
North Dakota State Office, Federal
Building, Room 208, 220 East Rosser,
P.O. Box 1737, Bismarck, ND 58502,
(701) 530–2049, TDD (701) 530–2113,
Kathy Lake.
Ohio State Office, Federal Building,
Room 507, 200 North High Street,
Columbus, OH 43215–2477, (614)
255–2409, TDD (614) 255–2554, Cathy
Simmons.
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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.
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, Susan McKitrick.
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.
PO 00000
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19353
Wyoming State Office, P.O. Box 11005,
Casper, WY 82602, (307) 233–6715,
TDD (307) 233–6733, Alan Brooks.
Dated: April 5, 2010.
˜
Tammye Trevino,
Administrator Rural Housing Service.
[FR Doc. 2010–8455 Filed 4–13–10; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Rural
Development Voucher Program
Rural Housing Service, USDA.
Notice of Rural Development
Voucher Program Availability
AGENCY:
ACTION:
SUMMARY: This notice informs the public
that the U.S. Department of Agriculture
(USDA) in Fiscal Year 2006 established
a demonstration Rural Development
Voucher Program, as authorized under
Section 542 of the Housing Act of 1949
as amended, (without regard to Section
542(b)). This notice informs the public
that funding is now available for the
Rural Development Voucher Program.
The notice also sets forth the general
policies and procedures for use of these
vouchers for fiscal Year 2010. Pursuant
to the requirements in the Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2010, Public Law
111–80 (October 16, 2009), Rural
Development Vouchers are only
available to low income tenants of Rural
Development-financed multifamily
properties where the section 515 loan
has been prepaid, either through
prepayment or a foreclosure action,
prior to the loan’s maturity date and
after September 30, 2005.
DATES: April 14, 2010.
FOR FURTHER INFORMATION CONTACT:
Stephanie B.M. White, Director, MultiFamily Housing Portfolio Management
Division, Rural Development, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., STOP
0782, Washington, DC 20250–0782,
telephone (202) 720–1615. Persons with
hearing or speech impairments may
access this number via TDD by calling
the toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
The Agriculture, Rural Development,
Food and Drug Administration, and
Related Agencies Appropriations Act,
2010 (Pub. L. 111–80) (Appropriations
Act, 2010) was enacted on October 16,
2009, and appropriated $16,400,000 to
E:\FR\FM\14APN1.SGM
14APN1
Agencies
[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19348-19353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8455]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA): Section 515 Rural Rental
Housing Program for New Construction in Fiscal Year 2010
AGENCY: Rural Housing Service (RHS), USDA.
ACTION: Notice. Announcement Type: Inviting applications from eligible
applicants for Fiscal Year (FY) 2010 funding.
-----------------------------------------------------------------------
Catalog of Federal Domestic Assistance Number (CFDA): 10.415 and
10.427.
SUMMARY: U.S. Department of Agriculture (USDA) Rural Development
(Agency) administers the programs of the RHS. This NOFA announces the
timeframe to submit applications for Section 515 Rural Rental Housing
(RRH) new construction loan funds, including applications for the
nonprofit set-aside for eligible nonprofit entities, set-aside for
Rural Economic Area Partnership (REAP), and the set-aside for the most
Underserved Counties and Colonias (Cranston-Gonzalez National
Affordable Housing Act).
This document describes the methodology that will be used to
distribute funds, the application process, submission requirements, and
areas of special emphasis or consideration. For FY 2010, the Agency
will provide scoring points to those proposals that have a goal of
reaching a net zero energy consumption level during future project
operations.
DATES: The deadline for receipt of all applications in response to this
NOFA is 5 p.m., local time for each USDA Rural Development State Office
60 days from the published date of this Notice. 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.
FOR FURTHER INFORMATION CONTACT: Applicants must contact the applicable
Rural Development State Office serving the State where the project will
be built in order to submit an application. The State Office will
provide further information pertaining to the application process, copy
of the initial application package, and a list of designated places
established under 7 CFR 3560.57 for new Section 515 facilities. A
listing of USDA Rural Development State Offices, addresses, telephone
numbers, and contact person can be found below in Section XI of this
NOFA.
For general information, applicants may contact Melinda Price,
Finance and Loan Analyst, Multi-Family Housing Preservation and Direct
Loan Division, Rural Housing Service, U.S. Department of Agriculture,
Federal Building Room 507, 200 North High St. Columbus, Ohio 43215-
2418, telephone (614) 255-2403 (not a toll free number), or (800) 877-
8339 (TDD-Federal Information Relay Service), or via e-mail
melinda.price@wdc.usda.gov.
For questions regarding design and construction project delivery
methods, questions about any of the energy efficiency and environmental
sustainability programs, as well as questions about design and
construction contracts should be directed to Meghan Walsh, A.I.A., LEED
AP, Architect, USDA/RD/PSS, 1400 Independence Ave., SW., Mail Stop
0761, Washington, DC 20250, Rural Housing Service, (202) 205-9590 (not
a toll free number) or (800) 877-8339 (TDD-Federal Information Relay
Service), or via e-mail meghan.walsh@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.
[[Page 19349]]
Paperwork Burden Act
The information collection requirements contained in this Notice
have received approval from the Office of Management and Budget (OMB)
under Control Number 0570-0190.
Overview
The Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Pub. L. 111-80), October
16, 2009 details the level of funding. The Section 515 Multi-Family
Housing (MFH) program is authorized by the Housing Act of 1949, as
amended (42 U.S.C. 1485) and provides Rural Development with the
authority to make loans for low-income MFH.
Program Administration
I. Authorities
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. $2,030,000 in RA will be available for new
construction in Fiscal Year (FY) 2010.
II. Description of Section 515 New Construction Funding Opportunity
The total amount available for FY 2010 for Section 515new
construction is $18,902,349:
Non-Restricted.......................................... $8,808,935
Set-aside for non-profits............................... 4,617,827
Set-aside for Underserved Counties and Colonias......... 3,475,587
REAP Zones available until June 30, 2010................ 2,000,000
All applications for new construction funding must qualify under
one of the three Set-asides or as a non-restricted. Qualifications for
the Set-asides are described in paragraph VII below. Those applications
scoring highest in each of the four categories will be funded first.
Any unused funds will revert to Non-restricted status.
III. Award Information
(A) Individual loan requests may not exceed $1 million. This
applies to regular Section 515 funds and set-aside funds. The
Administrator may make an exception to this limit in cases where a
State's average total development costs exceed the National average by
50 percent or more.
(B) No State may receive more than 20 percent of the total amount
available for new construction, including set-aside funds.
(C) Funding for this program will be equitably distributed across
the country, and applied to all Five (5) Climate Zones within the U.S.
as defined by the Department of Energy. A map of the 5 climate zones
can be found at: https://www.eia.doe.gov/emeu/recs/climate_zone.html.
The four highest scoring applications in each of the five climate zones
will be selected for further processing. An Agency architect from each
climate zone will be assigned to assist in evaluating applications.
IV. Eligibility Information
Applicants must meet the eligibility criteria as determined under 7
CFR 3560.55.
V. Application and Submission Information
(A) Application Requirements: All applications must be filed with
the appropriate Rural Development State Office where the project will
be located and must meet the requirements of 7 CFR 3560.56, as well as
comply with the provisions of this NOFA. The USDA Rural Development
State Office will date and time stamp incoming applications to evidence
timely or untimely receipt, and, upon request, provide the applicant
with a written acknowledgment of receipt. A list of State Office
contacts may be found in Section XI 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.
(B) Submission Requirements: 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. Documents
and information required in the application package are described as
follows:
(1) Documents to establish applicant eligibility:
a. Form SF 424, Application for Federal Assistance.
b. Form RD 410-9, Statement Required by Privacy Act (for
individuals).
c. Form RD 400-4, Assurance Agreement.
d. Form HUD 2530, Previous Participation Certification.
e. Current (within 6 months) financial statements with the
following paragraph certified by an authorized individual, agent or
representative 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 entity
applicants made out to U.S. Department of Agriculture. This will be
used to pay for credit reports obtained by USDA Rural Development.
g. Statement signed by applicants that they will pay any cost
overruns.
h. If an entity applicant is selected, the Agency will require
additional documentation as set forth in a Conditional Commitment in
order to verify the entity has the legal and financial capability to
carry out the obligations of the loan.
(2) Documents to establish project feasibility:
The applicant must provide the following:
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: (Because projects are expected to be in pre-
design or very early schematic design for application purposes, these
drawings may be prepared only as preliminary sketches. It is expected
that teams will be working in an integrated design method and therefore
there will be changes to these sketches to meet energy-efficiency
goals, if any)
(i) Site plan, including contour lines; Floor plan of each living
unit type and other spaces, such as laundry facilities, community
rooms, stairwells, etc.;
(ii) Building exterior elevations;
(iii) Typical building exterior wall section; and
(iv) Plot plan.
d. Description and justification of related facilities, and a
schedule of
[[Page 19350]]
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). The selection of the contractor must be
done through the process established in 7 CFR part 1924.
g. Statement of proposed management.
h. Congregate services package/plan (if applicable).
i. Statement of support from other Government services providers to
the project (congregate only).
j. Response to the Uniform Relocation Assistance Act (if
applicable).
(3) Documents for Project financing:
The applicant must provide the following:
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
any contribution to the reserve account.
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).
(4) Documents for environmental and site information:
a. 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. A copy of the 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 the project description to the State
Housing Preservation Office with request for comments.
f. The applicant's comments regarding relevant offsite conditions
that may impact the project.
g. The applicant's explanation of any proposed energy efficiency
components.
(5) Fillable forms to be included in initial application package
may be found at the following links:
a. Form SF 424, Application for Federal Assistance, which can be
found online at https://www.grants.gov/techlib/SF424-v2.0.pdf;
b. Form RD 1940-20, Request for Environmental Information, which
can be found online at: https://www.rurdev.usda.gov/regs/forms/1940-20.pdf;
c. Form HUD 2530, Previous Participation Certification, which can
be found online at: https://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf;
d. 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/RD1924-13.pdf;
e. Form RD 400-4, Assurance Agreement, which can be found online
at: https://www.rurdev.usda.gov/regs/forms/0400-04.pdf.
The following required forms are fillable and are available online
but require e-authentication access. If the applicant does not have e-
authentication access, the applicable State Office (Section XI) must be
contacted for instructions and permission to obtain access or a copy of
the form.
Form RD 3560-7, Multiple Family Housing Project Budget/Utility
Allowance: https://formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD3560-0007_060500V01.pdf, Form RD 410-9, Statement Required by
the Privacy Act (for individuals only) 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.
VI. Selection Process
An amount of $8,808,935 is available for non-restricted Section 515
new construction. Initial applications shall be submitted to the
States. States will then accept; review, score, and rank requests in
accordance with 7 CFR 3560.56 and this NOFA. The four highest scoring
applications in each of the five climate zones will receive further
processing. The National Office will divide the applications by climate
zone, rank all requests within each climate zone, and equitably
distribute funds, within funding limits. If insufficient funds remain
for the next ranked proposal, USDA Rural Development will select the
next ranked proposal in that particular climate zone that falls within
the remaining levels. Point score ties within a particular climate
region will be handled in accordance with 7 CFR 3560.56(c)(2). All
eligible and complete applications will be evaluated based on the
following criteria:
(A) Net Zero Energy Consumption. In an effort to implement USDA's
nationwide initiative to promote sustainable building development,
energy-efficiency and conservation, USDA Rural Development has adopted
a goal that all new MFH projects, financed in whole or in part by the
USDA, will achieve net zero energy consumption--it will consume no more
energy than it produces. As a results, points will be awarded for
participation in this initiative pursuant to 7 CFR section
3560.56(c)(1)(iii). Program participation points will be awarded as
follows:
(1) Participation in a System Third-Party Measured and Verified
Sustainable Development and Energy-Efficiency program. The points will
be allocated as follows: (maximum 37 points).
(a) Participate in the Department of Energy's Energy Star for Homes
program: https://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_multifamily_units. (2 points);
(b) Participate in the Department of Energy's Builder's Challenge
program: https://www1.eere.energy.gov/buildings/challenge/about.html. (6
points);
(c) Participation in the following programs will be awarded 5
points for each program with a maximum of 15 points.
(1) Green Communities program by the Enterprise Community Partners
(https://www.enterprisecommunity.org);
(2) LEED for Homes program by the United States Green Building
Council (USGBC) (https://www.usgbc.org); and
(3) The National Association of Home Builders (NAHB) ICC 700-2008
National Green Building StandardTM (https://www.nahb.org).
(d) Participation in higher certification levels. LEED for Homes
and ICC 700-2008 National Green Building
[[Page 19351]]
StandardTM each have four levels of increasingly challenging
certification. For specific information on the different levels for
these programs please refer to their websites listed above. Projects
will receive an additional 2 points for each higher certification level
commitment beyond the baseline of the program. (16 points maximum)
(e) Participate in local green/energy efficient building standards.
Applicants, who participate in a city, county or municipality program,
will receive an additional 2 points. Points will be awarded only if the
applicant is cross-enrolled with a national program described under
section VI.A.(1).
The applicant should be aware that most of the following
requirements are embedded in the third-party programs rating and
verification systems; the applicant should look at the requirements for
each program for specific details:
(a) Team of qualified professionals in design and construction of
sustainable buildings.
(b) Initial design charette, ongoing third party verification and
post-construction operations & maintenance education.
(c) Tight building envelope with indoor air quality assurance.
(d) Program for education of tenants and property managers in
operations and maintenance.
(2) Energy Generation. To reach USDA's goal of net zero energy
consumption, it is essential to generate renewable energy on site which
will complement a weather tight, well-insulated building envelope with
highly efficient mechanical systems. Possible renewable energy
generation technologies include: Wind turbines and micro-turbines,
micro-hydro power, photovoltaics, solar hot water systems and biomass/
biofuel systems that do not use fossil fuels in production. Geo-
exchange systems are highly encouraged as they lessen the total demand
for energy and, if supplemented with other renewable energy sources,
can achieve zero energy consumption more easily. Energy analysis of
preliminary building plans using industry recognized simulation
software should document the projected energy consumption of the
building, the portion of building consumption which will be satisfied
through on-site generation, and the building's HERS (Home Energy Rating
System) score. In order to receive points under this section the energy
analysis will need to be submitted with the application. Points under
this section will be awarded as follows:
(a) New MFH projects whose preliminary building plans project it
will consume no more energy than it produces. (30 Points)
(b) Projects whose preliminary building plans project they will
have less than a one hundred percent energy generation commitment
(where generation is considered to be the total amount of energy needed
to be generated on-site to make the building a net-zero consumer of
energy), will be awarded points corresponding to their percent of
commitment. (ex. 80 percent commitment to energy generation = 24 points
or 80 percent of 30 points).
Note: This section was moved up substantially shortened.
(B) Leverage Assistance: 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). Each of the environmental conservation programs
mentioned under VI.(A) may include grants and additional funding. This
funding is also considered leverage assistance and can receive points
under this section. Also, funding sources for energy-efficiency in each
State can be found at: https://www.dsireusa.org/. Loan proposals that
include leveraged/secondary funds which have been requested but have
not yet been committed will be processed as follows: The proposal will
be scored based on the requested 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 30 points)
------------------------------------------------------------------------
Number of points Description % of leveraging
------------------------------------------------------------------------
30........................................ 150 or more
25........................................ 100-149
20........................................ 50-99
15........................................ 1-49
------------------------------------------------------------------------
(C) The units to be developed are in a colonia, tribal land, 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 MFH. (20 points)
(D) Pursuant to 7 CFR 3560.56(c)(1)(iii), a National Office
initiative will provide points 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 MFH.
The applicant can contact its USDA Rural Development State Office to
determine whether a particular State falls into this initiative. (20
Points)
(E) The loan request includes donated land meeting the provisions
of 7 CFR 3560.56(c)(1)(iv). (5 points)
(F) Pursuant to 7 CFR 3560.56(c)(1)(iii), points will be awarded if
the property will be constructed in a Presidentially declared disaster
area. The area must have been Presidentially declared a disaster area
in 2009. For further information on Presidentially declared disaster
areas, see https://www.rurdev.usda.gov/rd/disasters/. (10 Points)
VII. Set Asides
Loan requests will be accepted for the following set asides:
(1) Nonprofit set-aside. An amount of $4,617,827 has been set aside
for non-profit applicants as defined in 7 CFR 3560.11. All loan
proposals must be in designated places in accordance with 7 CFR
3560.57. A State or jurisdiction may 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. If there are insufficient funds to fund one loan request
from each participating State, selection will be determined nationally
by point score
[[Page 19352]]
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
$3,475,587 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) REAP Set-aside. An amount of $2,000,000 has been set-aside to
develop units in a REAP zone. Loan requests that are eligible for this
set-aside are also eligible for regular Section 515 funds. When
requests for this set-aside exceed available funds, selection will be
made in accordance with 7 CFR 3560.56(c) and ranking as described
earlier in this NOFA. This set-aside is only available until June 30,
2010.
VIII. Rental Assistance (RA)
New construction RA will be available for FY 2010 in the amount of
$2,030,000. Unused RA may be allocated from within the State
jurisdiction to approved new construction projects. Unused RA can only
be allocated within the same State, and shall not be reallocated to
another State. 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.
IX. Appeal Process
Applicants that are rejected will be notified and given appeal
rights under 7 CFR part 11. All adverse determinations regarding
applicant's eligibility and the awarding of points as a part of the
selection process are appealable. Instructions on the appeal process
will be provided at the time an applicant is notified of the adverse
action.
X. Equal Opportunity and Non-Discrimination Requirements
U.S. Department of Agriculture is an equal opportunity provider,
employer, and lender.
Borrowers and applicants will comply with the provisions of 7 CFR
3560.2. All housing must meet the accessibility requirements found at 7
CFR 3560.60(d).
All applicants must submit or have on file a valid Form RD 400-1,
``Equal Opportunity Agreement'' and Form RD 400-4, ``Assurance
Agreement.''
The 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.''
The policies and regulations contained in 7 CFR part 1901, subpart
E, apply to this program.
XI. USDA Rural Development MFH State Office Contacts
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 NW 25th Place, Gainesville,
FL 32606-6563, (352) 338-3465, TDD (352) 338-3499, Tresca Clemmons.
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, Roni Atkins.
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, Paul Neumann.
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, Mike Resnik.
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.
[[Page 19353]]
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) 876-0987, TDD (573) 876-9480, Rachelle
Long.
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, William Brewer.
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 Gauna.
New York State Office, The Galleries of Syracuse, 441 S. Salina Street,
Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6421, TDD (315) 477-
6421, Michael Bosak.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC
27609, (919) 873-2066, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East Rosser,
P.O. Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113,
Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High Street,
Columbus, OH 43215-2477, (614) 255-2409, 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 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.
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, Susan McKitrick.
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, P.O. Box 11005, Casper, WY 82602, (307) 233-6715,
TDD (307) 233-6733, Alan Brooks.
Dated: April 5, 2010.
Tammye Trevi[ntilde]o,
Administrator Rural Housing Service.
[FR Doc. 2010-8455 Filed 4-13-10; 8:45 am]
BILLING CODE 3410-XV-P