Native American CDFI Assistance (NACA) Program, 68026-68035 [2010-27802]
Download as PDF
68026
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
These information collection
requirements ensure bank compliance
with applicable Federal law, promote
bank safety and soundness, provide
protections for banks, and further public
policy interests.
Estimated Number of Respondents:
48.
Estimated Number of Responses: 48.
Estimated Total Annual Burden: 450
hours.
The information collection was issued
for 60 days of comment on August 17,
2010. 75 FR 50800. No comments were
received. Comments continue to be
invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
has practical utility;
(b) The accuracy of the OCC’s
estimate of the information collection
burden;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: October 29, 2010.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
[FR Doc. 2010–27901 Filed 11–3–10; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
Proposed Collection: Comment
Request
Notice and request for
comments.
ACTION:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A). Currently the Bureau of
the Public Debt within the Department
of the Treasury is soliciting comments
concerning the resolution for
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
transactions involving registered
securities.
Written comments should be
received on or before January 3, 2011, to
be assured of consideration.
ADDRESSES: Direct all written comments
to Bureau of the Public Debt, Robert L.
Schumacher, 200 Third Street, A4–A,
Parkersburg, WV 26106–1328, or
Robert.Schumacher@bpd.treas.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Robert L.
Schumacher, Bureau of the Public Debt,
200 Third Street, A4–A, Parkersburg,
WV 26106–1328, (304) 480–8150.
SUPPLEMENTARY INFORMATION:
Title: Resolution For Transactions
Involving Registered Securities.
OMB Number: 1535–0117.
Form Number: PD F 1010.
Abstract: The information is
requested to establish the official’s
authority to act on behalf of the
organization.
Current Actions: None.
Type of Review: Extension.
Affected Public: Business or other for
profit.
Estimated Number of Respondents:
1,380.
Estimated Time per Respondent: 10
minutes.
Estimated Total Annual Burden
Hours: 230.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (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 respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: October 28, 2010.
Robert L. Schumacher,
Manager, Information Management Branch.
[FR Doc. 2010–27863 Filed 11–3–10; 8:45 am]
BILLING CODE 4810–39–P
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Native American CDFI Assistance
(NACA) Program
Funding Opportunity Title: Notice of
Funds Availability (NOFA) inviting
applications for the FY 2011 Funding
Round of the Native American CDFI
Assistance (NACA) Program.
Announcement Type: Announcement
of funding opportunity.
Catalog of Federal Domestic
Assistance (CFDA) Number: 21.020.
DATES: Applications for Financial
Assistance (FA) and/or Technical
Assistance (TA) awards through the FY
2011 Funding Round of the NACA
Program must be received by 11:59 p.m.,
Eastern Time (ET), December 22, 2010.
Executive Summary: Subject to
funding availability, this NOFA is
issued in connection with the FY 2011
Funding Round. The NACA Program is
administered by the Community
Development Financial Institutions
(CDFI) Fund.
I. Funding Opportunity Description
A. Through the NACA Program, the
CDFI Fund provides: (i) FA awards to
CDFIs that direct at least 50 percent of
their activities toward serving Native
American, Alaska Native, and/or Native
Hawaiians (Native CDFIs). Native CDFIs
must have Comprehensive Business
Plans for creating demonstrable
community development impact
through the deployment of credit,
capital, and financial services within
their respective Target Markets or for
the expansion into new Investment
Areas, Low-Income Targeted
Populations, or Other Targeted
Populations; and (ii) TA grants to Native
CDFIs, entities proposing to become
Native CDFIs, and to Native
organizations, Tribes, and Tribal
organizations (Sponsoring Entities) that
propose to create Native CDFIs, in order
to build their capacity to meet the
community development and capital
access needs of their existing or
proposed Target Markets and/or to
become certified Native CDFIs.
B. The regulations governing the CDFI
Program are found at 12 CFR part 1805
(the Regulations) and provide guidance
on evaluation criteria and other
requirements of the NACA Program. The
CDFI Fund encourages Applicants to
review the Regulations. Detailed
application content requirements are
found in the applicable funding
application and related guidance
materials. Each capitalized term in this
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
NOFA is more fully defined in the
Regulations, the application, or the
guidance materials.
C. The CDFI Fund reserves the right
to fund, in whole or in part, any, all, or
none of the applications submitted in
response to this NOFA. The CDFI Fund
reserves the right to re-allocate funds
from the amount that is anticipated to
be available under this NOFA to other
CDFI Fund programs, particularly if the
CDFI Fund determines that the number
of awards made under this NOFA is
fewer than projected.
II. Award Information
A. Funding Availability: Through this
NOFA, and subject to funding
availability, the CDFI Fund expects that
it may award approximately $12 million
in appropriated funds in the FY 2011
Funding Round. The CDFI Fund
reserves the right to award in excess of
$12 million in appropriated funds to
Applicants in the FY 2011 Funding
Round, provided that the funds are
available and the CDFI Fund deems it
appropriate.
B. Availability of Funds for the FY
2011 Funding Round: Funds for the FY
2011 Funding Round have not yet been
appropriated. If funds are not
appropriated for the FY 2011 Funding
Round, there will not be a FY 2011
Funding Round. Further, it is possible
that if funds are appropriated for the FY
2011 Funding Round, the amount of
such funds may be greater than or less
than the amounts set forth above.
Further, if funds for the FY 2011
Funding Round are not appropriated,
entities that are eligible to apply for
CDFI Program funds and that might
otherwise have applied for NACA
Program funds are encouraged to apply
for funds through the FY 2011 Funding
Round of the CDFI Program.
C. Types of Awards: An Applicant
may submit an application either for: (i)
A FA award; (ii) a FA award and a TA
grant; or (iii) a TA-only grant.
1. FA Awards: FA is intended to
provide flexible financial support to
CDFIs so that they may achieve the
strategies outlined in their
Comprehensive Business Plans. FA
awards can be used in the following five
categories: (i) Financial Products; (ii)
Financial Services; (iii) Development
Services; (iv) Loan Loss Reserves, (v)
Capital Reserves, or other activities/uses
that support the activities in the
Applicant’s Comprehensive Business
Plan; and/or (vi) Operations. For
purposes of this NOFA, Financial
Products means loans, grants, equity
investments, and similar financing
activities, including the purchase of
loans originated by certified CDFIs and
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
the provision of loan guarantees, in the
Applicant’s Target Market, or for related
purposes that the CDFI Fund deems
appropriate (including administrative
funds used to carry out Financial
Products). Financial Services means
checking and savings accounts, certified
checks, automated teller machine
services, deposit taking, remittances,
safe deposit box services, and other
similar services (including
administrative funds used to carry out
Financial Services). Development
Services means activities that promote
community development and are
integral to the Applicant’s provisions of
Financial Products and Financial
Services (including administrative
funds used to carry out Development
Services) including, for example,
financial or credit counseling, housing
and homeownership counseling (preand post-), self-employment technical
assistance, entrepreneurship training,
and financial management skillbuilding. Loan Loss Reserves means
funds that the Applicant will set aside
in the form of cash reserves, or through
accounting-based accrual reserves, to
cover losses on loans, accounts, and
notes receivable made in its Target
Market, or for related purposes that the
CDFI Fund deems appropriate
(including administrative funds used to
carry out Loan Loss Reserves). Capital
Reserves means funds that the
Applicant will set aside in the form of
reserves to support the Applicant’s
ability to leverage other capital, for such
purposes as increasing its net assets or
serving the financing needs of its Target
Market, or for related purposes that the
CDFI Fund deems appropriate
(including administrative funds used to
carry out Capital Reserves). Operations
means funds that the Applicant will use
to carry out its Comprehensive Business
Plan, and/or for related purposes that
the CDFI Fund deems appropriate, that
are not used to carry out or administer
any of the foregoing eligible FA uses. FA
awards are most commonly used for an
Applicant’s Financial Products since FA
funds can be used to support the
Applicant’s community development
lending activities.
The CDFI Fund may provide FA
awards in the form of equity
investments (including, in the case of
certain Insured Credit Unions,
secondary capital accounts), grants,
loans, deposits, credit union shares, or
any combination thereof. The CDFI
Fund reserves the right, in its sole
discretion, to provide a FA award in a
form and amount other than that which
the Applicant requests; however, the
award amount will not exceed the
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
68027
Applicant’s award request as stated in
its application. The CDFI Fund reserves
the right, in its sole discretion, to
provide a FA award to an Applicant on
the condition that the Applicant agrees
to use a TA grant for specified capacitybuilding purposes, even if the Applicant
has not requested a TA grant. FA awards
must be used to support the Applicant’s
activities; FA awards cannot be used to
support the activities of, or otherwise be
‘‘passed through’’ to, third-party entities,
whether Affiliates, Subsidiaries, or
others, without the prior written
permission of the CDFI Fund.
2. TA Grants: (a) The CDFI Fund
provides TA awards in the form of
grants. The CDFI Fund reserves the
right, in its sole discretion, to provide a
TA grant for uses and amounts other
than that which the Applicant requests;
however, the award amount will not
exceed the Applicant’s award request as
stated in its application and the
applicable budget chart.
(b) TA grants may be used to address
a variety of needs including, but not
limited to, development of strategic
planning documents (such as strategic
or capitalization plans), market analyses
or product feasibility analyses,
operational policies and procedures,
curricula for Development Services
(such as entrepreneurial training, home
buyer education, financial education or
training, or borrower credit repair
training), improvement of underwriting
and portfolio management, development
of outreach and training strategies to
enhance product delivery, operating
support to expand into a new eligible
market, and tools that allow the
Applicant to assess the impact of its
activities in its community.
(c) Eligible TA grant uses include, but
are not limited to: (i) Procuring
professional services; (ii) acquiring/
enhancing technology items, including
computer hardware, software, and
Internet connectivity and related
management information systems; (iii)
acquiring training for staff, management,
and/or board members; and (iv) paying
recurring expenses, including staff
salary and other key operating expenses,
that will enhance the capacity of the
Applicant to serve its Target Market
and/or to become certified as a Native
CDFI or to create a Native CDFI.
Applicants should see the NACA
application for additional details of each
eligible use of TA.
D. Assistance Agreement: Each
Awardee under this NOFA must execute
an Assistance Agreement in order to
receive a disbursement of award
proceeds by the CDFI Fund. The
Assistance Agreement contains the
terms and conditions of the award. For
E:\FR\FM\04NON1.SGM
04NON1
68028
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
further information, see Section VI.A of
this NOFA.
III. Eligibility Information
A. Eligible Applicants: The
Regulations specify the eligibility
requirements that each Applicant must
meet in order to be eligible to apply for
assistance under this NOFA. The
following sets forth additional detail
and dates that relate to the submission
of applications under this NOFA:
1. Applicant Categories: All
Applicants for FA, FA/TA and TA-only
awards through this NOFA must meet
the criteria in Table 1—NACA
Applicant Criteria.
TABLE 1—NACA APPLICANT CRITERIA
Criteria of applicant
Maximum award
FA, FA/TA ............................
A Certified/Certifiable Native CDFI that meets all other
eligibility requirements described in this NOFA.
TA-only .................................
jlentini on DSKJ8SOYB1PROD with NOTICES
Applicant type
A Certified Native CDFI, a Certifiable Native CDFI, an
Emerging Native CDFI, or a Sponsoring Entity.
Up to and including $750,000 in FA funds, and up to
and including $150,000 if TA funds are being requested.
Up to $150,000 for capacity-building activities.
2. Native CDFI Certification
Requirements: For purposes of this
NOFA, eligible FA Applicants include
Certified Native CDFIs and Certifiable
Native CDFIs; eligible TA Applicants
include Certified Native CDFIs,
Certifiable Native CDFIs, Emerging
Native CDFIs, and Sponsoring Entities,
defined as follows:
(a) Certified Native CDFIs: For
purposes of this NOFA, a Certified
Native CDFI is an entity that has
received official notification from the
CDFI Fund that it meets all CDFI
certification requirements as of the date
of publication of this NOFA, the
certification of which has not expired
and that has not been notified by the
CDFI Fund that its certification has been
terminated. In cases where the CDFI
Fund provided Native CDFIs with
written notification that their
certifications had been extended, the
CDFI Fund will consider the extended
certification date (the later date) to
determine whether those Native CDFIs
meet this eligibility requirement. When
applicable, each such Applicant must
submit a Certification of Material Events
form to the CDFI Fund not later than the
deadline indicated in Section IV. F.
Application Deadlines. The Certification
of Material Events form can be found on
the CDFI Fund’s Web site at https://
www.CDFIfund.gov.
(b) Certifiable Native CDFIs: For
purposes of this NOFA, a Certifiable
Native CDFI is an entity from which the
CDFI Fund has received a complete
CDFI Certification application no later
than the deadline indicated in Section
IV. F—Application Deadlines,
evidencing that the Applicant meets the
requirements to be certified as a Native
CDFI. The CDFI Certification
application can be found on the CDFI
Fund’s Web site at https://
www.CDFIfund.gov. If the CDFI Fund is
unable to certify the organization as a
Native CDFI based on the CDFI
certification application submitted to
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
the CDFI Fund, it is in the sole
discretion of the CDFI Fund to terminate
the award commitment. While a
Certifiable Native CDFI may be
conditionally selected for a FA award,
the CDFI Fund will not enter into an
Assistance Agreement or disburse award
funds unless and until the CDFI Fund
has officially certified the organization
as a Native CDFI.
(c) Emerging Native CDFIs: For
purposes of this NOFA, an Emerging
Native CDFI is an entity that
demonstrates to the CDFI Fund’s
satisfaction that it has a reasonable plan
to be a certified Native CDFI within two
calendar years after both entities enter
into an Assistance Agreement or such
other date selected by the CDFI Fund.
Emerging Native CDFIs may apply for
TA grants only and are not eligible to
apply for FA awards. Each Emerging
Native CDFI selected to receive a TA
grant will be required, pursuant to its
Assistance Agreement with the CDFI
Fund, to become certified as a Native
CDFI by a certain date.
(d) Sponsoring Entities: For the
purposes of this NOFA, a Sponsoring
Entity is an entity that proposes to
create a separate legal entity that will
become a certified Native CDFI.
Sponsoring Entities include: (a) A Tribe,
Tribal entity, Alaska Native Village,
Village Corporation, Regional
Corporation, Non-Profit Regional
Corporation/Association, or Inter-Tribal
or Inter-Village organization; or (b) an
organization whose primary mission is
to serve a Native Community including,
but not limited to, an Urban Indian
Center, Tribally Controlled Community
College, community development
corporation (CDC), training or education
organization, or Chamber of Commerce,
and that primarily serves a Native
Community (meaning, at least 50
percent of its activities are directed
toward the Native Community).
Sponsoring Entities may only apply for
TA grants; they are not eligible to apply
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
for FA awards. Each Sponsoring Entity
that is selected to receive a TA grant
will be required, pursuant to its
Assistance Agreement with the CDFI
Fund, to create a legal entity by a certain
date that will, in turn, seek Native CDFI
certification and to transfer remaining
award funds to that Native CDFI upon
certification.
3. Limitation on Awards: An
Applicant may receive only one FA
award through the FY 2011 Funding
Round of the CDFI Program or the
NACA Program. A NACA Program
Applicant, its Subsidiaries, or Affiliates
also may apply for and receive a Bank
Enterprise Award (BEA) Program award,
provided however that the activities
approved for BEA Program awards were
not funded by the proceeds of a NACA
Program award. A NACA Program
Applicant, its Subsidiaries, or Affiliates
also may apply for and receive a tax
credit allocation through the New
Markets Tax Credit (NMTC) Program,
but only to the extent that the activities
approved for NACA Program awards are
different from those activities for which
the Applicant receives a NMTC Program
allocation.
B. Prior Awardees: Applicants must
be aware that success in a prior round
of any of the CDFI Fund’s programs is
not indicative of success under this
NOFA. For purposes of this section, the
CDFI Fund will consider an Affiliate to
be any entity that meets the definition
of Affiliate in the Regulations or an
entity otherwise identified as an
Affiliate by the Applicant in its funding
application under this NOFA. Prior
Awardees should note the following:
1. $5 million Funding Cap: Congress
waived the $5 million funding cap for
the FY 2009 and FY 2010 Funding
Rounds, and it is possible that the $5
million funding cap may be waived for
the FY 2011 Funding Round as well. As
of the publication date of this NOFA,
however, such a waiver has not been
enacted into law. Accordingly, the CDFI
E:\FR\FM\04NON1.SGM
04NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
Fund is currently prohibited from
obligating more than $5 million in
assistance, in the aggregate, to any one
organization and its Subsidiaries and
Affiliates during any three-year period.
In general, the three-year period extends
back three years from the date that the
CDFI Fund signs an award agreement;
for purposes of this NOFA, and for ease
of administration, the CDFI Fund will
consider any assistance documented
with a Notice of Award or Assistance
Agreement dated between July 1, 2008
and July 1, 2011 (which is the
anticipated date that the CDFI Fund will
issue assistance agreements for the FY
2011 Funding Round). However, in light
of the possibility of a waiver of the $5
million funding cap, an Applicant who
is otherwise eligible under this NOFA,
and is requesting an award amount that
would cause the Applicant to exceed
the $5 million funding cap, should
submit an Application under this
NOFA. The CDFI Fund will assess
applicability of the $5 million funding
cap during the award selection phase
based upon whether the Congressional
waiver has been enacted at that time.
2. Failure to Meet Reporting
Requirements: The CDFI Fund will not
consider an application submitted by an
Applicant if the Applicant, or an
Affiliate of the Applicant, is a prior
Awardee or Allocatee under any CDFI
Fund program and is not current on the
reporting requirements set forth in a
previously executed assistance,
allocation, or award agreement(s), as of
the applicable application deadline of
this NOFA. Please note that the CDFI
Fund only acknowledges the receipt of
reports that are complete. As such,
incomplete reports or reports that are
deficient of required elements will not
be recognized as having been received.
3. Pending Resolution of
Noncompliance: If an Applicant is a
prior Awardee or Allocatee under any
CDFI Fund program and if (i) it has
submitted complete and timely reports
to the CDFI Fund that demonstrate
noncompliance with a previous
assistance, allocation, or award
agreement, and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
previous assistance, allocation, or award
agreement, the CDFI Fund will consider
the Applicant’s application under this
NOFA pending full resolution, in the
sole determination of the CDFI Fund, of
the noncompliance. Further, if an
Affiliate of the Applicant is a prior CDFI
Fund Awardee or Allocatee and if such
entity (i) has submitted complete and
timely reports to the CDFI Fund that
demonstrate noncompliance with a
previous assistance, allocation, or award
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
agreement and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
previous assistance, allocation, or award
agreement, the CDFI Fund will consider
the Applicant’s application under this
NOFA pending full resolution, in the
sole determination of the CDFI Fund, of
the noncompliance.
4. Default Status: The CDFI Fund will
not consider an application submitted
by an Applicant that is a prior Awardee
or Allocatee under any CDFI Fund
program if, as of the applicable
application deadline of this NOFA, the
CDFI Fund has made a final
determination that such Applicant is in
default of a previously executed
assistance, allocation, or award
agreement(s). Further, an entity is not
eligible to apply for an award pursuant
to this NOFA if, as of the applicable
application deadline of this NOFA, the
CDFI Fund has made a final
determination that an Affiliate of the
Applicant is a prior Awardee or
Allocatee under any CDFI Fund
program and has been determined by
the CDFI Fund to be in default of a
previously executed assistance,
allocation, or award agreement(s). Such
entities will be ineligible to apply for an
award pursuant to this NOFA so long as
the Applicant’s, or its Affiliate’s, prior
award or allocation remains in default
status or such other time period as
specified by the CDFI Fund in writing.
5. Termination in Default: The CDFI
Fund will not consider an application
submitted by an Applicant that is a
prior Awardee or Allocatee under any
CDFI Fund program if (i) within the
12-month period prior to the applicable
application deadline of this NOFA, the
CDFI Fund has made a final
determination that such Applicant‘s
prior award or allocation terminated in
default of a previously executed
assistance, allocation, or award
agreement(s), and (ii) the final reporting
period end date for the applicable
terminated assistance, allocation, or
award agreement(s) falls within the
12-month period prior to the application
deadline of this NOFA. Further, an
entity is not eligible to apply for an
award pursuant to this NOFA if (i)
within the 12-month period prior to the
applicable application deadline, the
CDFI Fund has made a final
determination that an Affiliate of the
Applicant is a prior Awardee or
Allocatee under any CDFI Fund
program whose award or allocation
terminated in default of a previously
executed assistance, allocation, or
award agreement(s), and (ii) the final
reporting period end date for the
applicable terminated assistance,
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
68029
allocation, or award agreement(s) falls
within the 12-month period prior to the
application deadline of this NOFA.
6. Undisbursed Award Funds: The
CDFI Fund will not consider an
Applicant’s application if the Applicant
or an Affiliate of the Applicant is a prior
Awardee under any CDFI Fund program
and has undisbursed award funds (as
defined below) as of this NOFA’s
application deadline. The Fund will
include the combined undisbursed prior
awards, as of this NOFAs application
deadline, of the Applicant and affiliated
entities, including those in which the
affiliated entity Controls the Applicant,
is Controlled by the Applicant, or shares
common management officials with the
Applicant as determined by the Fund.
Undisbursed BEA Program award
funds will be included in the
calculation of undisbursed awards for
the Applicant (and any Affiliates) from
three to five calendar years prior to the
end of the calendar year of this NOFA’s
application deadline. Thus, for purposes
of this NOFA, undisbursed awards
made in FYs 2005, 2006, and 2007 will
be included in the calculation for the
Applicant’s undisbursed award amounts
if the funds have not been disbursed as
of this NOFA’s application deadline.
Undisbursed funds for the CDFI and
NACA Programs will be calculated by
adding all undisbursed award amounts
made to the Applicant (and any
Affiliates) two to five calendar years
prior to the end of the calendar year of
this NOFA. Therefore, undisbursed
CDFI Program and NACA awards made
in FYs 2005, 2006, 2007, and 2008 will
be included in the undisbursed
calculation as of this NOFA’s
application deadline.
Undisbursed awards can not exceed
five percent of the total includable
awards for the Applicant’s BEA/CDFI/
NACA awards, as of this NOFA’s
application deadline. (The total
‘‘includable’’ award amount is the total
award amount from the relevant Fund
program.) Please refer to an example of
this calculation on the Fund’s Web site,
found in the Q&A document for the FY
2011 Funding Round.
The ‘‘undisbursed award funds’’
calculation does not include: (i) Tax
credit allocation authority made
available through the NMTC Program;
(ii) award funds the Awardee has
requested from the Fund by submitting
a full and complete disbursement
request before this NOFA’s application
deadline; (iii) award funds for an award
that the Fund has terminated or deobligated; or (iv) award funds for an
award that does not have a fully
executed assistance or award agreement.
The Fund encourages Applicants to
E:\FR\FM\04NON1.SGM
04NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
68030
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
request their undisbursed funds from
the Fund at least 10 business days prior
to this NOFA’s application deadline.
7. Contact the CDFI Fund: Applicants
that are prior CDFI Fund Awardees are
advised to: (i) Comply with
requirements specified in assistance,
allocation, and/or award agreement(s),
and (ii) contact the CDFI Fund to ensure
that all necessary actions are underway
for the disbursement or deobligation of
any outstanding balance of said prior
award(s). An Applicant that is unsure
about the disbursement status of any
prior award should contact the CDFI
Fund via e-mail at
CDFI.disburseinquiries@cdfi.treas.gov.
C. Matching Funds: Congress waived
the matching funds requirements for the
FY 2009 and the FY 2010 Funding
Rounds, and it is possible that the
matching funds requirements may be
waived for the FY 2011 Funding Round
as well. As of the publication date of
this NOFA, however, such a waiver has
not been enacted into law. Accordingly,
the CDFI Fund encourages Applicants to
include matching funds documentation
as instructed in the application; if the
matching funds waiver is enacted, the
CDFI Fund will not consider matching
funds documentation. An Applicant
that does not include matching funds
documentation in its application runs
the risk of being determined to be
ineligible for funding under the FY 2011
Funding Round if said matching funds
waiver is not enacted. In light of the
possibility of a waiver of the matching
funds requirements, an Applicant who
would not satisfy the matching funds
requirements but is otherwise eligible
under this NOFA should submit an
application under this NOFA. The CDFI
Fund will assess applicability of the
matching funds requirements during the
award selection phase based upon
whether the Congressional waiver has
been enacted at that time.
Accordingly, subject to the
immediately preceding paragraph:
1. Applicants responding to this
NOFA must obtain non-Federal
matching funds from sources other than
the Federal government on the basis of
not less than one dollar for each dollar
of FA funds provided by the CDFI Fund
(matching funds are not required for TA
grants). Matching funds must be at least
comparable in form and value to the FA
provided by the CDFI Fund. For
example, if an Applicant is requesting a
FA award from the CDFI Fund, the
Applicant must show that it has
obtained matching funds through
commitment(s) from non-Federal
sources that are at least equal to the
amount requested from the CDFI Fund.
Applicants cannot use matching funds
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
from a prior FA award under the NACA
or CDFI Program or under another
Federal grant or award program to
satisfy the matching funds requirement
of this NOFA. If an Applicant seeks to
use as matching funds monies received
from an organization that was a prior
Awardee under the NACA or CDFI
Program, the CDFI Fund will deem such
funds to be Federal funds, unless the
funding entity establishes to the
reasonable satisfaction of the CDFI Fund
that such funds do not consist, in whole
or in part, of NACA or CDFI Program
funds or other Federal funds. For the
purposes of this NOFA, BEA Program
awards may not be used as matching
funds. The CDFI Fund encourages
Applicants to review the Regulations at
12 CFR 1805.500 et seq. and matching
funds guidance materials on the CDFI
Fund’s Web site for further information.
2. Due to funding constraints and the
desire to quickly deploy CDFI Fund
dollars, the CDFI Fund will not consider
for a FA award any Applicant that has
no matching funds in-hand or firmly
committed as of the application
deadline of this NOFA. An Applicant
for a FA award must demonstrate that
it has eligible matching funds equal to
no less than 25 percent of the amount
of the FA award requested in-hand or
firmly committed, on or after January 1,
2009, and on or before the application
deadline. The CDFI Fund reserves the
right to rescind all or a portion of a FA
award and re-allocate the rescinded
award amount to other qualified
Applicant(s), if an Applicant fails to
obtain in-hand 100 percent of the
required matching funds by March 14,
2012 (with required documentation of
such receipt received by the CDFI Fund
not later than March 31, 2012), or to
grant an extension of such matching
funds deadline for specific Applicants
selected to receive FA awards, if the
CDFI Fund deems it appropriate. For
any Applicant that demonstrates that it
has less than 100 percent of matching
funds in-hand or firmly committed as of
the application deadline, the CDFI Fund
will evaluate the Applicant’s ability to
raise the remaining matching funds by
March 14, 2012.
3. Matching Funds Terms Defined;
Required Documentation. (a) ‘‘Matching
funds in-hand’’ means the Applicant has
actually received the matching funds. If
the matching funds are ‘‘in-hand,’’ the
Applicant must provide the CDFI Fund
with acceptable written documentation
of the source, form, and amount of the
matching funds (i.e., grant, loan,
deposit, and equity investment). For a
loan, the Applicant must provide the
CDFI Fund with a copy of the loan
agreement and promissory note. For a
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
grant, the Applicant must provide the
CDFI Fund with a copy of the grant
letter or agreement for all grants of
$50,000 or more. For an equity
investment, the Applicant must provide
the CDFI Fund with a copy of the stock
certificate and any related shareholder
agreement. Further, if the matching
funds are ‘‘in-hand’’, the Applicant must
provide the CDFI Fund with acceptable
documentation that evidences its receipt
of the matching funds proceeds, such as
a copy of a check or a wire transfer
statement.
(b) ‘‘Firmly committed matching
funds’’ means the Applicant has entered
into or received a legally binding
commitment from the matching funds
source that the matching funds will be
disbursed to the Applicant. If the
matching funds are ‘‘firmly committed,’’
the Applicant must provide the CDFI
Fund with acceptable written
documentation to evidence the source,
form, and amount of the firm
commitment (and, in the case of a loan,
the terms thereof), as well as the
anticipated date of disbursement of the
committed funds.
4. The CDFI Fund may contact the
matching funds source to discuss the
matching funds and the documentation
provided by the Applicant. If the CDFI
Fund determines that any portion of the
Applicant’s matching funds is ineligible
under this NOFA, the CDFI Fund, in its
sole discretion, may permit the
Applicant to offer alternative matching
funds as a substitute for the ineligible
matching funds; provided, however,
that (i) the Applicant must provide
acceptable alternative matching funds
documentation within two business
days of the CDFI Fund’s request and (ii)
the alternative matching funds
documentation cannot increase the total
amount of Financial Assistance
requested by the Applicant.
5. Special Rule for Insured Credit
Unions: The Regulations allow an
Insured Credit Union to use retained
earnings to serve as matching funds for
a FA grant in an amount equal to:
(i) The increase in retained earnings that
has occurred over the Applicant’s most
recent fiscal year; (ii) the annual average
of such increases that has occurred over
the Applicant’s three most recent fiscal
years; or (iii) the entire retained
earnings that have been accumulated
since the inception of the Applicant, as
provided in the Regulations. For
purposes of this NOFA, if option (iii) is
used, the Applicant must increase its
member and/or non-member shares or
total loans outstanding by an amount
that is equal to the amount of retained
earnings that is committed as matching
funds.
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
This amount must be raised by the
end of the Awardee’s second
performance period, as set forth in its
Assistance Agreement, and will be
based on amounts reported in the
Applicant’s Audited or Reviewed
Financial Statements or NCUA Form
5300 Call Report. The CDFI Fund will
assess the likelihood of this increase
during the application review process.
An award will not be made to any
Applicant that has not demonstrated
that it has increased shares or loans by
at least 25 percent of the requested FA
award amount between December 31,
2009 and December 31, 2010, as
demonstrated by the corresponding
NCUA report.
IV. Application and Submission
Information
A. MyCDFIFund Accounts: All
Applicants must register user and
organization accounts in myCDFIFund,
the CDFI Fund’s Internet-based
interface. An Applicant must be
registered as both a user and an
organization in myCDFIFund as of the
applicable application deadline in order
to be considered to have submitted a
complete application. As myCDFIFund
is the CDFI Fund’s primary means of
communication with Applicants and
Awardees, organizations must make
sure that they update the contact
information in their myCDFIFund
accounts before the applicable
application deadline. For more
information on myCDFIFund, please see
the ‘‘Frequently Asked Questions’’ link
posted at https://www.cdfifund.gov/
myCDFI/Help/Help.asp.
B. Form of Application Submission:
Applicants must submit applications
under this NOFA electronically.
Applications sent by email, mail,
facsimile, or other forms will not be
accepted except in circumstances the
CDFI Fund approves beforehand.
C. Applications Submitted via
Grants.gov: For the FY 2011 Funding
Round, in compliance with Public Law
106–107 and Section 5(a) of the Federal
Financial Assistance Management
Improvement Act of 1999, the CDFI
Fund is accepting applications
submitted through the Grants.gov
electronic system. Applicants are
encouraged to start the registration
process upon review of the NOFA at
https://www.Grants.gov. The process may
take several weeks to fully complete.
See the following link for information
on getting started on Grants.gov:
https://grants.gov/assets/
GrantsgovCoBrandBrochure8X11.pdf.
Please note that the CDFI Fund will not
accept applications through
myCDFIFund.
D. Application Content Requirements:
Detailed application content
requirements, including the required
elements of the Comprehensive
Business Plan, are found in the
application and guidance. Each
Applicant must provide, as part of its
application submission, a Dun and
68031
Bradstreet Data Universal Numbering
System (DUNS) number pursuant to
OMB guidance (68 FR 38402). In
addition, each application must include
a valid and current Employer
Identification Number (EIN). An
electronic application that does not
include an EIN is incomplete and
cannot be transmitted to the CDFI Fund
through Grants.gov. Applicants should
allow sufficient time for the Internal
Revenue Service (IRS) and/or Dun and
Bradstreet to respond to inquiries and/
or requests for identification numbers.
Once an application is submitted, the
Applicant will not be allowed to change
any element of the application. The
preceding sentences do not limit the
CDFI Fund’s ability to contact an
Applicant for the purpose of obtaining
clarifying or confirming application
information.
E. Under the Paperwork Reduction
Act (44 U.S.C. chapter 35), an agency
may not conduct or sponsor a collection
of information, and an individual is not
required to respond to a collection of
information, unless it displays a valid
OMB control number. Pursuant to the
Paperwork Reduction Act, the
application has been assigned the
following control number: 1559–0025.
F. Application Deadlines: 1. The
following are the deadlines for
submission of the NACA Program
Funding Application, the CDFI
Certification Application, and the
Certification of Material Events form:
TABLE 2—FY 2011 NACA PROGRAM DEADLINES
[All eastern time deadlines]
Must be received by:
Deadlines for contacting CDFI Fund staff
CDFI Certification Application ...............................
Certification of Material Events Form ...................
NACA Program Funding Application ....................
jlentini on DSKJ8SOYB1PROD with NOTICES
Document
Thursday, December 2, 2010 by 5 p.m ...............
Thursday, December 2, 2010 by 5 p.m ...............
Wednesday, December 22, 2010 by 11:59 p.m ..
Wednesday, December 1, 2010 by 5 p.m.
Wednesday, December 1, 2010 by 5 p.m.
Monday, December 20, 2010 by 11:59
p.m.
2. Late Delivery: The CDFI Fund will
neither accept a late application nor any
portion of an application that is late; an
application that is late, or for which any
portion is late, will be rejected. The
CDFI Fund will not grant exceptions or
waivers. Any application that is deemed
ineligible will not be returned to the
Applicant.
G. Intergovernmental Review: Not
applicable.
H. Funding Restrictions: For
allowable uses of FA proceeds, please
see the Regulations at 12 CFR 1805.301.
V. Application Review Information
A. Format: Funding applications must
be single-spaced and use a 12-point font
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
with 1-inch margins. Each section in the
application that is scored has page
limitations. Applicants are encouraged
to read each section carefully and to
remain within the page limitations for
each section. The CDFI Fund will not
consider responses beyond the specified
page limitation in each section. Also,
the CDFI Fund will read only
information requested in the application
and will not read attachments that have
not been specifically requested in this
NOFA or the application, such as the
Applicant’s five-year strategic or
marketing plans.
B. Criteria: The CDFI Fund will
evaluate each application on a 100-point
scale using numeric scores with respect
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
to the five sections required in the
application. The CDFI Fund will score
each section as indicated in the
following table:
TABLE 3—APPLICATION SCORING
CRITERIA
Application sections
Market Analysis ............................
Business Strategy .........................
Community Development Performance & Effective Use .........
Management .................................
Financial Health & Viability ...........
E:\FR\FM\04NON1.SGM
04NON1
Scoring
points
25
25
20
20
10
jlentini on DSKJ8SOYB1PROD with NOTICES
68032
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
C. Technical Assistance Proposal:
Any Applicant applying for a TA grant,
either alone or in conjunction with a
request for a FA award, must complete
a Technical Assistance Proposal (TAP)
as part of its application. The TAP
consists of a summary of the
organizational improvements needed to
achieve the objectives of the
Comprehensive Business Plan, a budget,
and a description of the requested goods
and/or services comprising the TA
award request. The budget and
accompanying narrative will be
evaluated for the eligibility and
appropriateness of the proposed uses of
the TA grant (described above). In
addition, if the Applicant identifies a
capacity-building need related to any of
the evaluation criteria above (for
example, if the Applicant requires a
market need analysis or a community
development impact tracking/reporting
system), the CDFI Fund will assess its
plan to use the TA grant to address said
needs.
1. Non-Certified Applicants: An
Applicant that is not a Certified Native
CDFI and that requests TA to address
certification requirements must explain
how the requested TA grant will assist
the Applicant in meeting the
certification requirements. The CDFI
Fund will assess the reasonableness of
the plan to become certified (as
specified above in Section III, Eligibility
Information; A.3. Native CDFI
Certification Requirements), taking into
account the requested TA. For example,
if the Applicant does not currently make
loans and therefore does not meet the
Financing Entity requirement, it might
describe how the TA funds will be used
to hire a consultant to develop
underwriting policies and procedures to
support the Applicant’s ability to start
its lending activity.
2. Recurring Activities: An Applicant
that requests a TA grant for recurring
activities must clearly describe the
benefit that would accrue to its capacity
or to its Target Market(s) (such as plans
for expansion of staff, market, products
or annual conference attendance) as a
result of the TA grant. If the Applicant
is a prior CDFI Fund Awardee, it must
describe how it has used the prior
assistance and explain the need for
additional CDFI Fund dollars over and
above such prior assistance.
D. Review and Selection Process: 1.
Eligibility and Completeness Review:
The CDFI Fund will review each
application to determine whether it is
complete and the Applicant meets the
eligibility requirements set forth above.
An incomplete application does not
meet eligibility requirements and will
be rejected. Any application that does
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
not meet eligibility requirements will
not be returned to the Applicant.
2. Substantive Review: If an
application is determined to be
complete and the Applicant is
determined to be eligible, the CDFI
Fund will conduct the substantive
review of the application in accordance
with the criteria and procedures
described in the Regulations, this
NOFA, and the application and
guidance. As part of the review process,
the CDFI Fund may contact the
Applicant by telephone, e-mail, mail, or
through an on-site visit for the sole
purpose of obtaining clarifying or
confirming application information
(such as statements of work, matching
funds documentation, or DUNS
numbers for example). After submitting
its application, the Applicant will not
be permitted to revise or modify its
application in any way nor attempt to
negotiate the terms of an award. If
contacted for clarifying or confirming
information, the Applicant must
respond within the time parameters set
by the CDFI Fund.
3. Application Scoring; Ranking: (a)
Application Scoring: The CDFI Fund
will evaluate each application on a
100-point scale, comprising the five
criteria categories described above, and
assign numeric scores. An Applicant
must receive a minimum score in each
evaluation criteria in order to be
considered for an award.
(b) Evaluating Prior Award
Performance: In the case of an
Applicant that has previously received
funding through any CDFI Fund
program, the CDFI Fund will consider
and will deduct points for: (i) The
Applicant’s noncompliance with any
active award or award that terminated
in the current calendar year in meeting
its performance goals and measures,
reporting deadlines, and other
requirements set forth in the assistance
or award agreement(s) with the CDFI
Fund during the Applicant’s two
complete fiscal years prior to the
application deadline of this NOFA; (ii)
the Applicant’s failure to make timely
loan payments to the CDFI Fund during
the Applicant’s two complete fiscal
years prior to the application deadline
of this NOFA (if applicable); (iii)
performance on any prior Assistance
Agreement as part of the overall
assessment of the Applicant’s ability to
carry out its Comprehensive Business
Plan; and (iv) funds deobligated from a
FY 2008, 2009, or 2010 FA award (if the
Applicant is applying for a FA award
under this NOFA) if (A) the amount of
deobligated funds is at least $200,000
and (B) the deobligation occurred
within the 12 months prior to the
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
application deadline under this NOFA.
Any award deobligations that result in
a point deduction for an application
submitted under this NOFA will not be
counted against future applications for
FA through the NACA Program. In the
case of an Applicant that has previously
received funding through any CDFI
Fund program, the CDFI Fund will
consider and may, in its discretion,
deduct points for those Applicants that
have in any proceeding instituted
against the Applicant in, by, or before
any court, governmental, or
administrative body or agency received
a final determination within the last
three years indicating that the Applicant
has discriminated on the basis of race,
color, national origin, disability, age,
marital status, receipt of income from
public assistance, religion, or sex.
(c) Ranking: The CDFI Fund then will
rank the applications by their scores,
from highest to lowest.
4. Award Selection: The CDFI Fund
will make its final award selections
based on the rank order of Applicants
by their scores and the amount of funds
available. In the case of a tied score(s),
Applicants will be ranked according to
each Applicant’s combined scores in the
Market Analysis, Business Strategy, and
Community Development Performance
& Effective Use sections; then the score
on the Financial Health and Viability
section; then the score on the
Management section. In addition, the
CDFI Fund shall consider the
institutional and geographic diversity of
Applicants when making its funding
decisions.
5. Insured Native CDFIs: In the case of
Insured Depository Institutions and
Insured Credit Unions, the CDFI Fund
will consider the views of the
Appropriate Federal Banking Agencies.
Throughout the award review process,
the CDFI Fund will consult with the
Appropriate Federal Banking Agency
about the Applicant’s financial safety
and soundness. If the Appropriate
Federal Banking Agency identifies
safety and soundness concerns, the
CDFI Fund will assess whether the
concerns cause or will cause the
Applicant to be incapable of
undertaking the activities for which
funding has been requested. If it is
determined the Applicant is incapable
of meeting its obligations, the CDFI
Fund reserves the right to deselect the
Applicant from receiving an award. The
CDFI Fund also reserves the right to
require insured NACA Applicants to
improve safety and soundness
conditions prior to receiving an award
disbursement. In addition, the CDFI
Fund will take into consideration
Community Reinvestment Act
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
assessments of Insured Depository
Institutions and/or their Affiliates.
6. Award Notification: Each Applicant
will be informed of the CDFI Fund’s
award decision either through
notification in the Applicant’s
myCDFIFund account, via e-mail to the
Applicant’s Authorized Official
Representative. This includes
notification to Applicants who are not
receiving an award if the decision is
based on reasons other than
completeness and eligibility. The CDFI
Fund will provide feedback in a format
and within a timeframe depending on
available resources.
7. The CDFI Fund reserves the right
to reject an application if information
(including administrative errors) comes
to the attention of the CDFI Fund that
either adversely affects an Applicant’s
eligibility for an award, adversely affects
the CDFI Fund’s evaluation or scoring of
an application, or indicates fraud or
mismanagement on the part of an
Applicant. If the CDFI Fund determines
that any portion of the application is
incorrect in any material respect, the
CDFI Fund reserves the right, in its sole
discretion, to reject the application. The
CDFI Fund reserves the right to change
its eligibility and evaluation criteria and
procedures, if the CDFI Fund deems it
appropriate; if said changes materially
affect the CDFI Fund’s award decisions,
the CDFI Fund will provide information
regarding the changes through the CDFI
Fund’s Web site. There is no right to
appeal the CDFI Fund’s award
decisions. The CDFI Fund’s award
decisions are final.
VI. Award Administration Information
A. Assistance Agreement: Each
Applicant that is selected to receive an
award under this NOFA must enter into
an Assistance Agreement with the CDFI
Fund in order to receive disbursement
of award proceeds. The Assistance
Agreement will set forth certain
required terms and conditions of the
award, which will include, but not be
limited to: (i) The amount of the award;
(ii) the type of award; (iii) the approved
uses of the award; (iv) the approved
eligible market to which the funded
activity must be targeted; (v)
performance goals and measures; and
(vi) reporting requirements for all
Awardees. Applicants should review
the OMB Guidance: Requirements for
Federal Funding Accountability and
Transparency Act Implementation (2
CFR part 170) to ensure that they have
processes and systems in place to
comply with the reporting obligations.
FA and FA/TA Assistance Agreements
under this NOFA generally will have
three-year performance periods; TA-
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
only Assistance Agreements generally
will have two-year performance periods.
If prior to entering into an Assistance
Agreement with the CDFI Fund,
information (including administrative
error) comes to the attention of the CDFI
Fund that either adversely affects the
Awardee’s eligibility for an award, or
adversely affects the CDFI Fund’s
evaluation of the Awardee’s application,
or indicates fraud or mismanagement on
the part of the Awardee, the CDFI Fund
may, in its discretion and without
advance notice to the Awardee,
terminate the award or take such other
actions as it deems appropriate.
Moreover, if prior to entering into an
Assistance Agreement with the CDFI
Fund, the CDFI Fund determines that
the Awardee or an Affiliate of the
Awardee is in default of any Assistance
Agreement previously entered into with
the CDFI Fund, the CDFI Fund may, in
its discretion and without advance
notice to the Awardee, either terminate
the award or take such other actions as
it deems appropriate. For purposes of
this section, the CDFI Fund will
consider an Affiliate to mean any entity
that meets the definition of Affiliate in
the Regulations. The CDFI Fund
reserves the right, in its sole discretion,
to rescind an award if the Awardee fails
to return the Assistance Agreement,
signed by the Authorized Representative
of the Awardee, and/or provide the
CDFI Fund with any other requested
documentation, within the deadlines set
by the CDFI Fund. Each Awardee must
provide the CDFI Fund with a good
standing certificate (or equivalent
documentation) from its State (or
jurisdiction) of incorporation.
1. Failure to Meet Reporting
Requirements: If an Awardee or an
Affiliate of the Awardee is a prior
Awardee or Allocatee under any CDFI
Fund program and is not current on the
reporting requirements set forth in the
previously executed assistance,
allocation, or award agreement(s), as of
the date of the Assistance Agreement,
the CDFI Fund reserves the right, in its
sole discretion, to delay entering into an
Assistance Agreement until said prior
Awardee or Allocatee is current on the
reporting requirements in any
previously executed assistance,
allocation, or award agreement(s).
Please note that the CDFI Fund only
acknowledges the receipt of reports that
are complete. As such, incomplete
reports or reports that are deficient of
required elements will not be
recognized as having been received. If
said prior Awardee or Allocatee is
unable to meet this requirement within
the timeframe set by the CDFI Fund, the
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
68033
CDFI Fund reserves the right, in its sole
discretion, to terminate and rescind the
Assistance Agreement and the award
made under this NOFA.
2. Pending Resolution of
Noncompliance: If an Applicant is a
prior Awardee or Allocatee under any
CDFI Fund program and if: (i) It has
submitted complete and timely reports
to the CDFI Fund that demonstrate
noncompliance with a previous
assistance, award, or allocation
agreement; and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
previous assistance, award, or allocation
agreement, the CDFI Fund reserves the
right, in its sole discretion, to delay
entering into an Assistance Agreement,
pending full resolution, in the sole
determination of the CDFI Fund, of the
noncompliance. Further, if an Affiliate
of the Awardee is a prior CDFI Fund
Awardee or Allocatee and if such entity
(i) has submitted complete and timely
reports to the CDFI Fund that
demonstrate noncompliance with a
previous assistance, award, or allocation
agreement, and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
previous assistance, award, or allocation
agreement, the CDFI Fund reserves the
right, in its sole discretion, to delay
entering into an Assistance Agreement,
pending full resolution, in the sole
determination of the CDFI Fund, of the
noncompliance. If the prior Awardee or
Allocatee in question is unable to
satisfactorily resolve the issues of
noncompliance, in the sole
determination of the CDFI Fund, the
CDFI Fund reserves the right, in its sole
discretion, to terminate and rescind the
Assistance Agreement and the award
made under this NOFA.
3. Default Status: If, at any time prior
to entering into an Assistance
Agreement through this NOFA, the
CDFI Fund has made a final
determination that an Awardee that is a
prior Awardee or Allocatee under any
CDFI Fund program is in default of a
previously executed assistance,
allocation, or award agreement(s), the
CDFI Fund reserves the right, in its sole
discretion, to delay entering into an
Assistance Agreement, until said prior
Awardee or Allocatee has submitted a
complete and timely report
demonstrating full compliance with said
agreement within a timeframe set by the
CDFI Fund. Further, if at any time prior
to entering into an Assistance
Agreement through this NOFA, the
CDFI Fund has made a final
determination that an Affiliate of the
Awardee is a prior Awardee or
Allocatee under any CDFI Fund
E:\FR\FM\04NON1.SGM
04NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
68034
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
program and is in default of a
previously executed assistance,
allocation, or award agreement(s), the
CDFI Fund reserves the right, in its sole
discretion, to delay entering into an
Assistance Agreement, until said prior
Awardee or Allocatee has submitted a
complete and timely report
demonstrating full compliance with said
agreement within a timeframe set by the
CDFI Fund. If said prior Awardee or
Allocatee is unable to meet this
requirement and the CDFI Fund has not
specified in writing that the prior
Awardee or Allocatee is otherwise
eligible to receive an Award under this
NOFA, the CDFI Fund reserves the
right, in its sole discretion, to terminate
and rescind the Assistance Agreement
and the award made under this NOFA.
4. Termination in Default: If (i) within
the 12-month period prior to entering
into an Assistance Agreement through
this NOFA, the CDFI Fund has made a
final determination that an Awardee is
a prior Awardee or Allocatee under any
CDFI Fund program whose award or
allocation was terminated in default of
such prior agreement, and (ii) the final
reporting period end date for the
applicable terminated agreement falls
within the 12-month period prior to the
application deadline of this NOFA, the
CDFI Fund reserves the right, in its sole
discretion, to delay entering into or
determine not to enter into an
Assistance Agreement. Further, if (i)
within the 12-month period prior to
entering into an Assistance Agreement
through this NOFA, the CDFI Fund has
made a final determination that an
Affiliate of the Awardee is a prior
Awardee or Allocatee under any CDFI
Fund program whose award or
allocation was terminated in default of
such prior agreement, and (ii) the final
reporting period end date for the
applicable terminated agreement falls
within the 12-month period prior to the
application deadline of this NOFA, the
CDFI Fund reserves the right, in its sole
discretion, to delay entering into or
determine not to enter into an
Assistance Agreement.
5. Compliance with Federal AntiDiscrimination Laws: If the Awardee has
previously received funding through
any CDFI Fund program, and if at any
time prior to entering into an Assistance
Agreement through this NOFA, the
CDFI Fund is made aware of a final
determination, made within the last
three years, in any proceeding instituted
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
against the Awardee in, by, or before
any court, governmental, or
administrative body or agency,
declaring that the Awardee has
discriminated on the basis of race, color,
national origin, disability, age, marital
status, receipt of income from public
assistance, religion, or sex, the CDFI
Fund reserves the right, in its sole
discretion, to terminate and rescind the
award made under this NOFA.
B. Reporting: 1. Reporting
Requirements: The CDFI Fund will
collect information, on at least an
annual basis, from each Awardee
including, but not limited to, an Annual
Report that comprises the following
components: (i) Financial Reports
(including an OMB A–133 audit, as
applicable; however Financial Reports
are not required of Sponsoring Entities);
(ii) Institution Level Report; (iii)
Transaction Level Report (for Awardees
receiving FA awards); (iv) Financial
Status Report form SF–269/SF–425 (for
Awardees receiving TA grants); (v) Uses
of Financial Assistance (for Awardees
receiving FA awards); (vi) Explanation
of Noncompliance (as applicable); and
(vii) such other information as the CDFI
Fund may require. Each Awardee is
responsible for the timely and complete
submission of the Annual Report, even
if all or a portion of the documents
actually is completed by another entity
or signatory to the Assistance
Agreement. If such other entities or
signatories are required to provide
Institution Level Reports, Transaction
Level Reports, Financial Reports, or
other documentation that the CDFI
Fund may require, the Awardee is
responsible for ensuring that the
information is submitted timely and
complete. The CDFI Fund reserves the
right to contact such additional entities
or signatories to the Assistance
Agreement and require that additional
information and documentation be
provided. The CDFI Fund will use such
information to monitor each Awardee’s
compliance with the requirements set
forth in the Assistance Agreement and
to assess the impact of the NACA
Program. The Institution Level Report
and the Transaction Level Report must
be submitted through the CDFI Fund’s
Web-based data collection system, the
Community Investment Impact System
(CIIS). The Financial Reports may be
submitted through CIIS. All other
components of the Annual Report may
be submitted electronically, as directed,
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
by the CDFI Fund. The CDFI Fund
reserves the right, in its sole discretion,
to modify these reporting requirements
if it determines it to be appropriate and
necessary; however, such reporting
requirements will be modified only after
notice to Awardees. Furthermore, in
order to ensure compliance with
reporting requirements, all Awardees
will be required to participate in a postaward training session on the CDFI
Fund’s reporting requirements.
Awardees who fail to participate in such
training run the risk of having the award
rescinded or future applications
penalized by point deductions.
2. Accounting: The CDFI Fund will
require each Awardee that receives FA
and TA awards through this NOFA to
account for and track the use of said FA
and TA awards. This means that for
every dollar of FA and TA awards
received from the CDFI Fund, the
Awardee will be required to inform the
CDFI Fund of its uses. This will require
Awardees to establish separate
administrative and accounting controls,
subject to the applicable OMB Circulars.
The CDFI Fund will provide guidance to
Awardees outlining the format and
content of the information to be
provided on an annual basis, outlining
and describing how the funds were
used. Each Awardee that receives an
award must provide the CDFI Fund with
the required complete and accurate
Automated Clearinghouse (ACH) form
for its bank account prior to award
closing and disbursement.
VII. Agency Contacts
A. The CDFI Fund will respond to
questions and provide support
concerning this NOFA and the funding
application between the hours of 9 a.m.
and 5 p.m. ET, starting the date of the
publication of this NOFA through three
business days prior to the application
deadline. The CDFI Fund will not
respond to questions or provide support
concerning the applications that are
received after 5 p.m. ET on said dates,
until after the funding application
deadline. Applications and other
information regarding the CDFI Fund
and its programs may be obtained from
the CDFI Fund’s Web site at https://
www.cdfifund.gov. The CDFI Fund will
post responses on its Web site to
questions of general applicability
regarding the NACA Program.
B. The CDFI Fund’s contact
information is as follows:
E:\FR\FM\04NON1.SGM
04NON1
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices
68035
TABLE 4—CONTACT INFORMATION
Telephone
number
(not toll free) *
Type of question
NACA Program ..........................................................................................................................
Certification, Compliance Monitoring and Evaluation ................................................................
Information Technology Support ................................................................................................
202–622–6355
202–622–6330
202–622–2455
E-mail addresses
cdfihelp@cdfi.treas.gov.
cme@cdfi.treas.gov.
ithelpdesk@cdfi.treas.gov.
* Fax number for all offices: 202–622–7754.
C. Information Technology Support:
People who have visual or mobility
impairments that prevent them from
creating a Target Market map using the
CDFI Fund’s Web site should call (202)
622–2455 for assistance (this is not a toll
free number).
D. Communication with the CDFI
Fund: The CDFI Fund will use the
myCDFIFund Internet interface to
communicate with Applicants and
Awardees, using the contact information
maintained in their respective
myCDFIFund accounts. Therefore, the
Applicant and any Subsidiaries,
signatories, and Affiliates must maintain
accurate contact information (including
contact person and authorized
representative, e-mail addresses, fax
numbers, phone numbers, and office
addresses) in its myCDFIFund
account(s). For more information about
myCDFIFund (which includes
information about the CDFI Fund’s
Community Investment Impact System),
please see the Help documents posted at
https://www.cdfifund.gov/ciis/
accessingciis.pdf.
VIII. Information Sessions and
Outreach
The CDFI Fund may conduct
webinars or host information sessions
for organizations interested in applying
to, or learning about, the CDFI Fund’s
programs. For further information,
please visit the CDFI Fund’s Web site at
https://www.cdfifund.gov.
Authority: 12 U.S.C. 4703, 4704, 4706,
4707, 4717; 12 CFR part 1805.
Dated: October 29, 2010.
Donna J. Gambrell,
Director, Community Development Financial
Institutions Fund.
[FR Doc. 2010–27802 Filed 11–3–10; 8:45 am]
jlentini on DSKJ8SOYB1PROD with NOTICES
BILLING CODE 4810–70–P
VerDate Mar<15>2010
16:47 Nov 03, 2010
Jkt 223001
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0708]
Proposed Information Collection
(Evidence for Transfer of Entitlement
of Education Benefits) Activity:
Comment Request
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Veterans Benefits
Administration (VBA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved
collection, and allow 60 days for public
comment in response to the notice. This
notice solicits comments on information
needed to transfer a servicemember’s
educational assistance benefits to his or
her dependents.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before January 3, 2011.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at https://www.Regulations.gov
or to Nancy J. Kessinger, Veterans
Benefits Administration (20M35),
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420 or e-mail
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0708’’ in any
correspondence. During the comment
period, comments may be viewed online
through the FDMS.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Kessinger at (202) 461–9769 or
FAX (202) 275–5947.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
3501–3521), Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
SUMMARY:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and
(4) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Evidence for Transfer of
Entitlement of Education Benefits
(38 CFR 21.7080).
OMB Control Number: 2900–0708.
Type of Review: Extension of a
currently approved collection.
Abstract: Servicemembers on active
duty may request to designate up to a
maximum of 18 months of their
educational assistance entitlement to
their spouse, one or more of their
children, or a combination of the spouse
and children. VA will accept DOD Form
2366–1 as evidence that the
servicemember was approved by the
military to transfer entitlement. The
servicemember must submit in writing
to VA, the name of each dependent, the
number of months of entitlement
transferred to each dependent, and the
period (beginning date or ending date)
for which the transfer will be effective
for each designated dependent. VA will
use the information shown on DOD
Form 2366–1 to determine whether the
dependent qualifies to receive education
benefits under the transfer of
entitlement provision of law.
Affected Public: Individuals or
households.
Estimated Annual Burden: 5,227.
Estimated Average Burden per
Respondent: 5 minutes.
Frequency of Response: Once.
Estimated Number of Respondents:
62,725.
E:\FR\FM\04NON1.SGM
04NON1
Agencies
[Federal Register Volume 75, Number 213 (Thursday, November 4, 2010)]
[Notices]
[Pages 68026-68035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27802]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
Native American CDFI Assistance (NACA) Program
Funding Opportunity Title: Notice of Funds Availability (NOFA)
inviting applications for the FY 2011 Funding Round of the Native
American CDFI Assistance (NACA) Program.
Announcement Type: Announcement of funding opportunity.
Catalog of Federal Domestic Assistance (CFDA) Number: 21.020.
DATES: Applications for Financial Assistance (FA) and/or Technical
Assistance (TA) awards through the FY 2011 Funding Round of the NACA
Program must be received by 11:59 p.m., Eastern Time (ET), December 22,
2010.
Executive Summary: Subject to funding availability, this NOFA is
issued in connection with the FY 2011 Funding Round. The NACA Program
is administered by the Community Development Financial Institutions
(CDFI) Fund.
I. Funding Opportunity Description
A. Through the NACA Program, the CDFI Fund provides: (i) FA awards
to CDFIs that direct at least 50 percent of their activities toward
serving Native American, Alaska Native, and/or Native Hawaiians (Native
CDFIs). Native CDFIs must have Comprehensive Business Plans for
creating demonstrable community development impact through the
deployment of credit, capital, and financial services within their
respective Target Markets or for the expansion into new Investment
Areas, Low-Income Targeted Populations, or Other Targeted Populations;
and (ii) TA grants to Native CDFIs, entities proposing to become Native
CDFIs, and to Native organizations, Tribes, and Tribal organizations
(Sponsoring Entities) that propose to create Native CDFIs, in order to
build their capacity to meet the community development and capital
access needs of their existing or proposed Target Markets and/or to
become certified Native CDFIs.
B. The regulations governing the CDFI Program are found at 12 CFR
part 1805 (the Regulations) and provide guidance on evaluation criteria
and other requirements of the NACA Program. The CDFI Fund encourages
Applicants to review the Regulations. Detailed application content
requirements are found in the applicable funding application and
related guidance materials. Each capitalized term in this
[[Page 68027]]
NOFA is more fully defined in the Regulations, the application, or the
guidance materials.
C. The CDFI Fund reserves the right to fund, in whole or in part,
any, all, or none of the applications submitted in response to this
NOFA. The CDFI Fund reserves the right to re-allocate funds from the
amount that is anticipated to be available under this NOFA to other
CDFI Fund programs, particularly if the CDFI Fund determines that the
number of awards made under this NOFA is fewer than projected.
II. Award Information
A. Funding Availability: Through this NOFA, and subject to funding
availability, the CDFI Fund expects that it may award approximately $12
million in appropriated funds in the FY 2011 Funding Round. The CDFI
Fund reserves the right to award in excess of $12 million in
appropriated funds to Applicants in the FY 2011 Funding Round, provided
that the funds are available and the CDFI Fund deems it appropriate.
B. Availability of Funds for the FY 2011 Funding Round: Funds for
the FY 2011 Funding Round have not yet been appropriated. If funds are
not appropriated for the FY 2011 Funding Round, there will not be a FY
2011 Funding Round. Further, it is possible that if funds are
appropriated for the FY 2011 Funding Round, the amount of such funds
may be greater than or less than the amounts set forth above. Further,
if funds for the FY 2011 Funding Round are not appropriated, entities
that are eligible to apply for CDFI Program funds and that might
otherwise have applied for NACA Program funds are encouraged to apply
for funds through the FY 2011 Funding Round of the CDFI Program.
C. Types of Awards: An Applicant may submit an application either
for: (i) A FA award; (ii) a FA award and a TA grant; or (iii) a TA-only
grant.
1. FA Awards: FA is intended to provide flexible financial support
to CDFIs so that they may achieve the strategies outlined in their
Comprehensive Business Plans. FA awards can be used in the following
five categories: (i) Financial Products; (ii) Financial Services; (iii)
Development Services; (iv) Loan Loss Reserves, (v) Capital Reserves, or
other activities/uses that support the activities in the Applicant's
Comprehensive Business Plan; and/or (vi) Operations. For purposes of
this NOFA, Financial Products means loans, grants, equity investments,
and similar financing activities, including the purchase of loans
originated by certified CDFIs and the provision of loan guarantees, in
the Applicant's Target Market, or for related purposes that the CDFI
Fund deems appropriate (including administrative funds used to carry
out Financial Products). Financial Services means checking and savings
accounts, certified checks, automated teller machine services, deposit
taking, remittances, safe deposit box services, and other similar
services (including administrative funds used to carry out Financial
Services). Development Services means activities that promote community
development and are integral to the Applicant's provisions of Financial
Products and Financial Services (including administrative funds used to
carry out Development Services) including, for example, financial or
credit counseling, housing and homeownership counseling (pre- and post-
), self-employment technical assistance, entrepreneurship training, and
financial management skill-building. Loan Loss Reserves means funds
that the Applicant will set aside in the form of cash reserves, or
through accounting-based accrual reserves, to cover losses on loans,
accounts, and notes receivable made in its Target Market, or for
related purposes that the CDFI Fund deems appropriate (including
administrative funds used to carry out Loan Loss Reserves). Capital
Reserves means funds that the Applicant will set aside in the form of
reserves to support the Applicant's ability to leverage other capital,
for such purposes as increasing its net assets or serving the financing
needs of its Target Market, or for related purposes that the CDFI Fund
deems appropriate (including administrative funds used to carry out
Capital Reserves). Operations means funds that the Applicant will use
to carry out its Comprehensive Business Plan, and/or for related
purposes that the CDFI Fund deems appropriate, that are not used to
carry out or administer any of the foregoing eligible FA uses. FA
awards are most commonly used for an Applicant's Financial Products
since FA funds can be used to support the Applicant's community
development lending activities.
The CDFI Fund may provide FA awards in the form of equity
investments (including, in the case of certain Insured Credit Unions,
secondary capital accounts), grants, loans, deposits, credit union
shares, or any combination thereof. The CDFI Fund reserves the right,
in its sole discretion, to provide a FA award in a form and amount
other than that which the Applicant requests; however, the award amount
will not exceed the Applicant's award request as stated in its
application. The CDFI Fund reserves the right, in its sole discretion,
to provide a FA award to an Applicant on the condition that the
Applicant agrees to use a TA grant for specified capacity-building
purposes, even if the Applicant has not requested a TA grant. FA awards
must be used to support the Applicant's activities; FA awards cannot be
used to support the activities of, or otherwise be ``passed through''
to, third-party entities, whether Affiliates, Subsidiaries, or others,
without the prior written permission of the CDFI Fund.
2. TA Grants: (a) The CDFI Fund provides TA awards in the form of
grants. The CDFI Fund reserves the right, in its sole discretion, to
provide a TA grant for uses and amounts other than that which the
Applicant requests; however, the award amount will not exceed the
Applicant's award request as stated in its application and the
applicable budget chart.
(b) TA grants may be used to address a variety of needs including,
but not limited to, development of strategic planning documents (such
as strategic or capitalization plans), market analyses or product
feasibility analyses, operational policies and procedures, curricula
for Development Services (such as entrepreneurial training, home buyer
education, financial education or training, or borrower credit repair
training), improvement of underwriting and portfolio management,
development of outreach and training strategies to enhance product
delivery, operating support to expand into a new eligible market, and
tools that allow the Applicant to assess the impact of its activities
in its community.
(c) Eligible TA grant uses include, but are not limited to: (i)
Procuring professional services; (ii) acquiring/enhancing technology
items, including computer hardware, software, and Internet connectivity
and related management information systems; (iii) acquiring training
for staff, management, and/or board members; and (iv) paying recurring
expenses, including staff salary and other key operating expenses, that
will enhance the capacity of the Applicant to serve its Target Market
and/or to become certified as a Native CDFI or to create a Native CDFI.
Applicants should see the NACA application for additional details of
each eligible use of TA.
D. Assistance Agreement: Each Awardee under this NOFA must execute
an Assistance Agreement in order to receive a disbursement of award
proceeds by the CDFI Fund. The Assistance Agreement contains the terms
and conditions of the award. For
[[Page 68028]]
further information, see Section VI.A of this NOFA.
III. Eligibility Information
A. Eligible Applicants: The Regulations specify the eligibility
requirements that each Applicant must meet in order to be eligible to
apply for assistance under this NOFA. The following sets forth
additional detail and dates that relate to the submission of
applications under this NOFA:
1. Applicant Categories: All Applicants for FA, FA/TA and TA-only
awards through this NOFA must meet the criteria in Table 1--NACA
Applicant Criteria.
Table 1--NACA Applicant Criteria
------------------------------------------------------------------------
Criteria of
Applicant type applicant Maximum award
------------------------------------------------------------------------
FA, FA/TA................... A Certified/ Up to and including
Certifiable Native $750,000 in FA
CDFI that meets all funds, and up to
other eligibility and including
requirements $150,000 if TA
described in this funds are being
NOFA. requested.
TA-only..................... A Certified Native Up to $150,000 for
CDFI, a Certifiable capacity-building
Native CDFI, an activities.
Emerging Native
CDFI, or a
Sponsoring Entity.
------------------------------------------------------------------------
2. Native CDFI Certification Requirements: For purposes of this
NOFA, eligible FA Applicants include Certified Native CDFIs and
Certifiable Native CDFIs; eligible TA Applicants include Certified
Native CDFIs, Certifiable Native CDFIs, Emerging Native CDFIs, and
Sponsoring Entities, defined as follows:
(a) Certified Native CDFIs: For purposes of this NOFA, a Certified
Native CDFI is an entity that has received official notification from
the CDFI Fund that it meets all CDFI certification requirements as of
the date of publication of this NOFA, the certification of which has
not expired and that has not been notified by the CDFI Fund that its
certification has been terminated. In cases where the CDFI Fund
provided Native CDFIs with written notification that their
certifications had been extended, the CDFI Fund will consider the
extended certification date (the later date) to determine whether those
Native CDFIs meet this eligibility requirement. When applicable, each
such Applicant must submit a Certification of Material Events form to
the CDFI Fund not later than the deadline indicated in Section IV. F.
Application Deadlines. The Certification of Material Events form can be
found on the CDFI Fund's Web site at https://www.CDFIfund.gov.
(b) Certifiable Native CDFIs: For purposes of this NOFA, a
Certifiable Native CDFI is an entity from which the CDFI Fund has
received a complete CDFI Certification application no later than the
deadline indicated in Section IV. F--Application Deadlines, evidencing
that the Applicant meets the requirements to be certified as a Native
CDFI. The CDFI Certification application can be found on the CDFI
Fund's Web site at https://www.CDFIfund.gov. If the CDFI Fund is unable
to certify the organization as a Native CDFI based on the CDFI
certification application submitted to the CDFI Fund, it is in the sole
discretion of the CDFI Fund to terminate the award commitment. While a
Certifiable Native CDFI may be conditionally selected for a FA award,
the CDFI Fund will not enter into an Assistance Agreement or disburse
award funds unless and until the CDFI Fund has officially certified the
organization as a Native CDFI.
(c) Emerging Native CDFIs: For purposes of this NOFA, an Emerging
Native CDFI is an entity that demonstrates to the CDFI Fund's
satisfaction that it has a reasonable plan to be a certified Native
CDFI within two calendar years after both entities enter into an
Assistance Agreement or such other date selected by the CDFI Fund.
Emerging Native CDFIs may apply for TA grants only and are not eligible
to apply for FA awards. Each Emerging Native CDFI selected to receive a
TA grant will be required, pursuant to its Assistance Agreement with
the CDFI Fund, to become certified as a Native CDFI by a certain date.
(d) Sponsoring Entities: For the purposes of this NOFA, a
Sponsoring Entity is an entity that proposes to create a separate legal
entity that will become a certified Native CDFI. Sponsoring Entities
include: (a) A Tribe, Tribal entity, Alaska Native Village, Village
Corporation, Regional Corporation, Non-Profit Regional Corporation/
Association, or Inter-Tribal or Inter-Village organization; or (b) an
organization whose primary mission is to serve a Native Community
including, but not limited to, an Urban Indian Center, Tribally
Controlled Community College, community development corporation (CDC),
training or education organization, or Chamber of Commerce, and that
primarily serves a Native Community (meaning, at least 50 percent of
its activities are directed toward the Native Community). Sponsoring
Entities may only apply for TA grants; they are not eligible to apply
for FA awards. Each Sponsoring Entity that is selected to receive a TA
grant will be required, pursuant to its Assistance Agreement with the
CDFI Fund, to create a legal entity by a certain date that will, in
turn, seek Native CDFI certification and to transfer remaining award
funds to that Native CDFI upon certification.
3. Limitation on Awards: An Applicant may receive only one FA award
through the FY 2011 Funding Round of the CDFI Program or the NACA
Program. A NACA Program Applicant, its Subsidiaries, or Affiliates also
may apply for and receive a Bank Enterprise Award (BEA) Program award,
provided however that the activities approved for BEA Program awards
were not funded by the proceeds of a NACA Program award. A NACA Program
Applicant, its Subsidiaries, or Affiliates also may apply for and
receive a tax credit allocation through the New Markets Tax Credit
(NMTC) Program, but only to the extent that the activities approved for
NACA Program awards are different from those activities for which the
Applicant receives a NMTC Program allocation.
B. Prior Awardees: Applicants must be aware that success in a prior
round of any of the CDFI Fund's programs is not indicative of success
under this NOFA. For purposes of this section, the CDFI Fund will
consider an Affiliate to be any entity that meets the definition of
Affiliate in the Regulations or an entity otherwise identified as an
Affiliate by the Applicant in its funding application under this NOFA.
Prior Awardees should note the following:
1. $5 million Funding Cap: Congress waived the $5 million funding
cap for the FY 2009 and FY 2010 Funding Rounds, and it is possible that
the $5 million funding cap may be waived for the FY 2011 Funding Round
as well. As of the publication date of this NOFA, however, such a
waiver has not been enacted into law. Accordingly, the CDFI
[[Page 68029]]
Fund is currently prohibited from obligating more than $5 million in
assistance, in the aggregate, to any one organization and its
Subsidiaries and Affiliates during any three-year period. In general,
the three-year period extends back three years from the date that the
CDFI Fund signs an award agreement; for purposes of this NOFA, and for
ease of administration, the CDFI Fund will consider any assistance
documented with a Notice of Award or Assistance Agreement dated between
July 1, 2008 and July 1, 2011 (which is the anticipated date that the
CDFI Fund will issue assistance agreements for the FY 2011 Funding
Round). However, in light of the possibility of a waiver of the $5
million funding cap, an Applicant who is otherwise eligible under this
NOFA, and is requesting an award amount that would cause the Applicant
to exceed the $5 million funding cap, should submit an Application
under this NOFA. The CDFI Fund will assess applicability of the $5
million funding cap during the award selection phase based upon whether
the Congressional waiver has been enacted at that time.
2. Failure to Meet Reporting Requirements: The CDFI Fund will not
consider an application submitted by an Applicant if the Applicant, or
an Affiliate of the Applicant, is a prior Awardee or Allocatee under
any CDFI Fund program and is not current on the reporting requirements
set forth in a previously executed assistance, allocation, or award
agreement(s), as of the applicable application deadline of this NOFA.
Please note that the CDFI Fund only acknowledges the receipt of reports
that are complete. As such, incomplete reports or reports that are
deficient of required elements will not be recognized as having been
received.
3. Pending Resolution of Noncompliance: If an Applicant is a prior
Awardee or Allocatee under any CDFI Fund program and if (i) it has
submitted complete and timely reports to the CDFI Fund that demonstrate
noncompliance with a previous assistance, allocation, or award
agreement, and (ii) the CDFI Fund has yet to make a final determination
as to whether the entity is in default of its previous assistance,
allocation, or award agreement, the CDFI Fund will consider the
Applicant's application under this NOFA pending full resolution, in the
sole determination of the CDFI Fund, of the noncompliance. Further, if
an Affiliate of the Applicant is a prior CDFI Fund Awardee or Allocatee
and if such entity (i) has submitted complete and timely reports to the
CDFI Fund that demonstrate noncompliance with a previous assistance,
allocation, or award agreement and (ii) the CDFI Fund has yet to make a
final determination as to whether the entity is in default of its
previous assistance, allocation, or award agreement, the CDFI Fund will
consider the Applicant's application under this NOFA pending full
resolution, in the sole determination of the CDFI Fund, of the
noncompliance.
4. Default Status: The CDFI Fund will not consider an application
submitted by an Applicant that is a prior Awardee or Allocatee under
any CDFI Fund program if, as of the applicable application deadline of
this NOFA, the CDFI Fund has made a final determination that such
Applicant is in default of a previously executed assistance,
allocation, or award agreement(s). Further, an entity is not eligible
to apply for an award pursuant to this NOFA if, as of the applicable
application deadline of this NOFA, the CDFI Fund has made a final
determination that an Affiliate of the Applicant is a prior Awardee or
Allocatee under any CDFI Fund program and has been determined by the
CDFI Fund to be in default of a previously executed assistance,
allocation, or award agreement(s). Such entities will be ineligible to
apply for an award pursuant to this NOFA so long as the Applicant's, or
its Affiliate's, prior award or allocation remains in default status or
such other time period as specified by the CDFI Fund in writing.
5. Termination in Default: The CDFI Fund will not consider an
application submitted by an Applicant that is a prior Awardee or
Allocatee under any CDFI Fund program if (i) within the 12-month period
prior to the applicable application deadline of this NOFA, the CDFI
Fund has made a final determination that such Applicant`s prior award
or allocation terminated in default of a previously executed
assistance, allocation, or award agreement(s), and (ii) the final
reporting period end date for the applicable terminated assistance,
allocation, or award agreement(s) falls within the 12-month period
prior to the application deadline of this NOFA. Further, an entity is
not eligible to apply for an award pursuant to this NOFA if (i) within
the 12-month period prior to the applicable application deadline, the
CDFI Fund has made a final determination that an Affiliate of the
Applicant is a prior Awardee or Allocatee under any CDFI Fund program
whose award or allocation terminated in default of a previously
executed assistance, allocation, or award agreement(s), and (ii) the
final reporting period end date for the applicable terminated
assistance, allocation, or award agreement(s) falls within the 12-month
period prior to the application deadline of this NOFA.
6. Undisbursed Award Funds: The CDFI Fund will not consider an
Applicant's application if the Applicant or an Affiliate of the
Applicant is a prior Awardee under any CDFI Fund program and has
undisbursed award funds (as defined below) as of this NOFA's
application deadline. The Fund will include the combined undisbursed
prior awards, as of this NOFAs application deadline, of the Applicant
and affiliated entities, including those in which the affiliated entity
Controls the Applicant, is Controlled by the Applicant, or shares
common management officials with the Applicant as determined by the
Fund.
Undisbursed BEA Program award funds will be included in the
calculation of undisbursed awards for the Applicant (and any
Affiliates) from three to five calendar years prior to the end of the
calendar year of this NOFA's application deadline. Thus, for purposes
of this NOFA, undisbursed awards made in FYs 2005, 2006, and 2007 will
be included in the calculation for the Applicant's undisbursed award
amounts if the funds have not been disbursed as of this NOFA's
application deadline.
Undisbursed funds for the CDFI and NACA Programs will be calculated
by adding all undisbursed award amounts made to the Applicant (and any
Affiliates) two to five calendar years prior to the end of the calendar
year of this NOFA. Therefore, undisbursed CDFI Program and NACA awards
made in FYs 2005, 2006, 2007, and 2008 will be included in the
undisbursed calculation as of this NOFA's application deadline.
Undisbursed awards can not exceed five percent of the total
includable awards for the Applicant's BEA/CDFI/NACA awards, as of this
NOFA's application deadline. (The total ``includable'' award amount is
the total award amount from the relevant Fund program.) Please refer to
an example of this calculation on the Fund's Web site, found in the Q&A
document for the FY 2011 Funding Round.
The ``undisbursed award funds'' calculation does not include: (i)
Tax credit allocation authority made available through the NMTC
Program; (ii) award funds the Awardee has requested from the Fund by
submitting a full and complete disbursement request before this NOFA's
application deadline; (iii) award funds for an award that the Fund has
terminated or de-obligated; or (iv) award funds for an award that does
not have a fully executed assistance or award agreement. The Fund
encourages Applicants to
[[Page 68030]]
request their undisbursed funds from the Fund at least 10 business days
prior to this NOFA's application deadline.
7. Contact the CDFI Fund: Applicants that are prior CDFI Fund
Awardees are advised to: (i) Comply with requirements specified in
assistance, allocation, and/or award agreement(s), and (ii) contact the
CDFI Fund to ensure that all necessary actions are underway for the
disbursement or deobligation of any outstanding balance of said prior
award(s). An Applicant that is unsure about the disbursement status of
any prior award should contact the CDFI Fund via e-mail at
CDFI.disburseinquiries@cdfi.treas.gov.
C. Matching Funds: Congress waived the matching funds requirements
for the FY 2009 and the FY 2010 Funding Rounds, and it is possible that
the matching funds requirements may be waived for the FY 2011 Funding
Round as well. As of the publication date of this NOFA, however, such a
waiver has not been enacted into law. Accordingly, the CDFI Fund
encourages Applicants to include matching funds documentation as
instructed in the application; if the matching funds waiver is enacted,
the CDFI Fund will not consider matching funds documentation. An
Applicant that does not include matching funds documentation in its
application runs the risk of being determined to be ineligible for
funding under the FY 2011 Funding Round if said matching funds waiver
is not enacted. In light of the possibility of a waiver of the matching
funds requirements, an Applicant who would not satisfy the matching
funds requirements but is otherwise eligible under this NOFA should
submit an application under this NOFA. The CDFI Fund will assess
applicability of the matching funds requirements during the award
selection phase based upon whether the Congressional waiver has been
enacted at that time.
Accordingly, subject to the immediately preceding paragraph:
1. Applicants responding to this NOFA must obtain non-Federal
matching funds from sources other than the Federal government on the
basis of not less than one dollar for each dollar of FA funds provided
by the CDFI Fund (matching funds are not required for TA grants).
Matching funds must be at least comparable in form and value to the FA
provided by the CDFI Fund. For example, if an Applicant is requesting a
FA award from the CDFI Fund, the Applicant must show that it has
obtained matching funds through commitment(s) from non-Federal sources
that are at least equal to the amount requested from the CDFI Fund.
Applicants cannot use matching funds from a prior FA award under the
NACA or CDFI Program or under another Federal grant or award program to
satisfy the matching funds requirement of this NOFA. If an Applicant
seeks to use as matching funds monies received from an organization
that was a prior Awardee under the NACA or CDFI Program, the CDFI Fund
will deem such funds to be Federal funds, unless the funding entity
establishes to the reasonable satisfaction of the CDFI Fund that such
funds do not consist, in whole or in part, of NACA or CDFI Program
funds or other Federal funds. For the purposes of this NOFA, BEA
Program awards may not be used as matching funds. The CDFI Fund
encourages Applicants to review the Regulations at 12 CFR 1805.500 et
seq. and matching funds guidance materials on the CDFI Fund's Web site
for further information.
2. Due to funding constraints and the desire to quickly deploy CDFI
Fund dollars, the CDFI Fund will not consider for a FA award any
Applicant that has no matching funds in-hand or firmly committed as of
the application deadline of this NOFA. An Applicant for a FA award must
demonstrate that it has eligible matching funds equal to no less than
25 percent of the amount of the FA award requested in-hand or firmly
committed, on or after January 1, 2009, and on or before the
application deadline. The CDFI Fund reserves the right to rescind all
or a portion of a FA award and re-allocate the rescinded award amount
to other qualified Applicant(s), if an Applicant fails to obtain in-
hand 100 percent of the required matching funds by March 14, 2012 (with
required documentation of such receipt received by the CDFI Fund not
later than March 31, 2012), or to grant an extension of such matching
funds deadline for specific Applicants selected to receive FA awards,
if the CDFI Fund deems it appropriate. For any Applicant that
demonstrates that it has less than 100 percent of matching funds in-
hand or firmly committed as of the application deadline, the CDFI Fund
will evaluate the Applicant's ability to raise the remaining matching
funds by March 14, 2012.
3. Matching Funds Terms Defined; Required Documentation. (a)
``Matching funds in-hand'' means the Applicant has actually received
the matching funds. If the matching funds are ``in-hand,'' the
Applicant must provide the CDFI Fund with acceptable written
documentation of the source, form, and amount of the matching funds
(i.e., grant, loan, deposit, and equity investment). For a loan, the
Applicant must provide the CDFI Fund with a copy of the loan agreement
and promissory note. For a grant, the Applicant must provide the CDFI
Fund with a copy of the grant letter or agreement for all grants of
$50,000 or more. For an equity investment, the Applicant must provide
the CDFI Fund with a copy of the stock certificate and any related
shareholder agreement. Further, if the matching funds are ``in-hand'',
the Applicant must provide the CDFI Fund with acceptable documentation
that evidences its receipt of the matching funds proceeds, such as a
copy of a check or a wire transfer statement.
(b) ``Firmly committed matching funds'' means the Applicant has
entered into or received a legally binding commitment from the matching
funds source that the matching funds will be disbursed to the
Applicant. If the matching funds are ``firmly committed,'' the
Applicant must provide the CDFI Fund with acceptable written
documentation to evidence the source, form, and amount of the firm
commitment (and, in the case of a loan, the terms thereof), as well as
the anticipated date of disbursement of the committed funds.
4. The CDFI Fund may contact the matching funds source to discuss
the matching funds and the documentation provided by the Applicant. If
the CDFI Fund determines that any portion of the Applicant's matching
funds is ineligible under this NOFA, the CDFI Fund, in its sole
discretion, may permit the Applicant to offer alternative matching
funds as a substitute for the ineligible matching funds; provided,
however, that (i) the Applicant must provide acceptable alternative
matching funds documentation within two business days of the CDFI
Fund's request and (ii) the alternative matching funds documentation
cannot increase the total amount of Financial Assistance requested by
the Applicant.
5. Special Rule for Insured Credit Unions: The Regulations allow an
Insured Credit Union to use retained earnings to serve as matching
funds for a FA grant in an amount equal to: (i) The increase in
retained earnings that has occurred over the Applicant's most recent
fiscal year; (ii) the annual average of such increases that has
occurred over the Applicant's three most recent fiscal years; or (iii)
the entire retained earnings that have been accumulated since the
inception of the Applicant, as provided in the Regulations. For
purposes of this NOFA, if option (iii) is used, the Applicant must
increase its member and/or non-member shares or total loans outstanding
by an amount that is equal to the amount of retained earnings that is
committed as matching funds.
[[Page 68031]]
This amount must be raised by the end of the Awardee's second
performance period, as set forth in its Assistance Agreement, and will
be based on amounts reported in the Applicant's Audited or Reviewed
Financial Statements or NCUA Form 5300 Call Report. The CDFI Fund will
assess the likelihood of this increase during the application review
process. An award will not be made to any Applicant that has not
demonstrated that it has increased shares or loans by at least 25
percent of the requested FA award amount between December 31, 2009 and
December 31, 2010, as demonstrated by the corresponding NCUA report.
IV. Application and Submission Information
A. MyCDFIFund Accounts: All Applicants must register user and
organization accounts in myCDFIFund, the CDFI Fund's Internet-based
interface. An Applicant must be registered as both a user and an
organization in myCDFIFund as of the applicable application deadline in
order to be considered to have submitted a complete application. As
myCDFIFund is the CDFI Fund's primary means of communication with
Applicants and Awardees, organizations must make sure that they update
the contact information in their myCDFIFund accounts before the
applicable application deadline. For more information on myCDFIFund,
please see the ``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
B. Form of Application Submission: Applicants must submit
applications under this NOFA electronically. Applications sent by
email, mail, facsimile, or other forms will not be accepted except in
circumstances the CDFI Fund approves beforehand.
C. Applications Submitted via Grants.gov: For the FY 2011 Funding
Round, in compliance with Public Law 106-107 and Section 5(a) of the
Federal Financial Assistance Management Improvement Act of 1999, the
CDFI Fund is accepting applications submitted through the Grants.gov
electronic system. Applicants are encouraged to start the registration
process upon review of the NOFA at https://www.Grants.gov. The process
may take several weeks to fully complete. See the following link for
information on getting started on Grants.gov: https://grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf. Please note that the CDFI Fund will
not accept applications through myCDFIFund.
D. Application Content Requirements: Detailed application content
requirements, including the required elements of the Comprehensive
Business Plan, are found in the application and guidance. Each
Applicant must provide, as part of its application submission, a Dun
and Bradstreet Data Universal Numbering System (DUNS) number pursuant
to OMB guidance (68 FR 38402). In addition, each application must
include a valid and current Employer Identification Number (EIN). An
electronic application that does not include an EIN is incomplete and
cannot be transmitted to the CDFI Fund through Grants.gov. Applicants
should allow sufficient time for the Internal Revenue Service (IRS)
and/or Dun and Bradstreet to respond to inquiries and/or requests for
identification numbers. Once an application is submitted, the Applicant
will not be allowed to change any element of the application. The
preceding sentences do not limit the CDFI Fund's ability to contact an
Applicant for the purpose of obtaining clarifying or confirming
application information.
E. Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an
agency may not conduct or sponsor a collection of information, and an
individual is not required to respond to a collection of information,
unless it displays a valid OMB control number. Pursuant to the
Paperwork Reduction Act, the application has been assigned the
following control number: 1559-0025.
F. Application Deadlines: 1. The following are the deadlines for
submission of the NACA Program Funding Application, the CDFI
Certification Application, and the Certification of Material Events
form:
Table 2--FY 2011 NACA Program Deadlines
[All eastern time deadlines]
----------------------------------------------------------------------------------------------------------------
Document Must be received by: Deadlines for contacting CDFI Fund staff
----------------------------------------------------------------------------------------------------------------
CDFI Certification Application.. Thursday, December 2, Wednesday, December 1, 2010 by 5 p.m.
2010 by 5 p.m.
Certification of Material Events Thursday, December 2, Wednesday, December 1, 2010 by 5 p.m.
Form. 2010 by 5 p.m.
NACA Program Funding Application Wednesday, December 22, Monday, December 20, 2010 by 11:59 p.m.
2010 by 11:59 p.m.
----------------------------------------------------------------------------------------------------------------
2. Late Delivery: The CDFI Fund will neither accept a late
application nor any portion of an application that is late; an
application that is late, or for which any portion is late, will be
rejected. The CDFI Fund will not grant exceptions or waivers. Any
application that is deemed ineligible will not be returned to the
Applicant.
G. Intergovernmental Review: Not applicable.
H. Funding Restrictions: For allowable uses of FA proceeds, please
see the Regulations at 12 CFR 1805.301.
V. Application Review Information
A. Format: Funding applications must be single-spaced and use a 12-
point font with 1-inch margins. Each section in the application that is
scored has page limitations. Applicants are encouraged to read each
section carefully and to remain within the page limitations for each
section. The CDFI Fund will not consider responses beyond the specified
page limitation in each section. Also, the CDFI Fund will read only
information requested in the application and will not read attachments
that have not been specifically requested in this NOFA or the
application, such as the Applicant's five-year strategic or marketing
plans.
B. Criteria: The CDFI Fund will evaluate each application on a 100-
point scale using numeric scores with respect to the five sections
required in the application. The CDFI Fund will score each section as
indicated in the following table:
Table 3--Application Scoring Criteria
------------------------------------------------------------------------
Scoring
Application sections points
------------------------------------------------------------------------
Market Analysis.............................................. 25
Business Strategy............................................ 25
Community Development Performance & Effective Use............ 20
Management................................................... 20
Financial Health & Viability................................. 10
------------------------------------------------------------------------
[[Page 68032]]
C. Technical Assistance Proposal: Any Applicant applying for a TA
grant, either alone or in conjunction with a request for a FA award,
must complete a Technical Assistance Proposal (TAP) as part of its
application. The TAP consists of a summary of the organizational
improvements needed to achieve the objectives of the Comprehensive
Business Plan, a budget, and a description of the requested goods and/
or services comprising the TA award request. The budget and
accompanying narrative will be evaluated for the eligibility and
appropriateness of the proposed uses of the TA grant (described above).
In addition, if the Applicant identifies a capacity-building need
related to any of the evaluation criteria above (for example, if the
Applicant requires a market need analysis or a community development
impact tracking/reporting system), the CDFI Fund will assess its plan
to use the TA grant to address said needs.
1. Non-Certified Applicants: An Applicant that is not a Certified
Native CDFI and that requests TA to address certification requirements
must explain how the requested TA grant will assist the Applicant in
meeting the certification requirements. The CDFI Fund will assess the
reasonableness of the plan to become certified (as specified above in
Section III, Eligibility Information; A.3. Native CDFI Certification
Requirements), taking into account the requested TA. For example, if
the Applicant does not currently make loans and therefore does not meet
the Financing Entity requirement, it might describe how the TA funds
will be used to hire a consultant to develop underwriting policies and
procedures to support the Applicant's ability to start its lending
activity.
2. Recurring Activities: An Applicant that requests a TA grant for
recurring activities must clearly describe the benefit that would
accrue to its capacity or to its Target Market(s) (such as plans for
expansion of staff, market, products or annual conference attendance)
as a result of the TA grant. If the Applicant is a prior CDFI Fund
Awardee, it must describe how it has used the prior assistance and
explain the need for additional CDFI Fund dollars over and above such
prior assistance.
D. Review and Selection Process: 1. Eligibility and Completeness
Review: The CDFI Fund will review each application to determine whether
it is complete and the Applicant meets the eligibility requirements set
forth above. An incomplete application does not meet eligibility
requirements and will be rejected. Any application that does not meet
eligibility requirements will not be returned to the Applicant.
2. Substantive Review: If an application is determined to be
complete and the Applicant is determined to be eligible, the CDFI Fund
will conduct the substantive review of the application in accordance
with the criteria and procedures described in the Regulations, this
NOFA, and the application and guidance. As part of the review process,
the CDFI Fund may contact the Applicant by telephone, e-mail, mail, or
through an on-site visit for the sole purpose of obtaining clarifying
or confirming application information (such as statements of work,
matching funds documentation, or DUNS numbers for example). After
submitting its application, the Applicant will not be permitted to
revise or modify its application in any way nor attempt to negotiate
the terms of an award. If contacted for clarifying or confirming
information, the Applicant must respond within the time parameters set
by the CDFI Fund.
3. Application Scoring; Ranking: (a) Application Scoring: The CDFI
Fund will evaluate each application on a 100-point scale, comprising
the five criteria categories described above, and assign numeric
scores. An Applicant must receive a minimum score in each evaluation
criteria in order to be considered for an award.
(b) Evaluating Prior Award Performance: In the case of an Applicant
that has previously received funding through any CDFI Fund program, the
CDFI Fund will consider and will deduct points for: (i) The Applicant's
noncompliance with any active award or award that terminated in the
current calendar year in meeting its performance goals and measures,
reporting deadlines, and other requirements set forth in the assistance
or award agreement(s) with the CDFI Fund during the Applicant's two
complete fiscal years prior to the application deadline of this NOFA;
(ii) the Applicant's failure to make timely loan payments to the CDFI
Fund during the Applicant's two complete fiscal years prior to the
application deadline of this NOFA (if applicable); (iii) performance on
any prior Assistance Agreement as part of the overall assessment of the
Applicant's ability to carry out its Comprehensive Business Plan; and
(iv) funds deobligated from a FY 2008, 2009, or 2010 FA award (if the
Applicant is applying for a FA award under this NOFA) if (A) the amount
of deobligated funds is at least $200,000 and (B) the deobligation
occurred within the 12 months prior to the application deadline under
this NOFA. Any award deobligations that result in a point deduction for
an application submitted under this NOFA will not be counted against
future applications for FA through the NACA Program. In the case of an
Applicant that has previously received funding through any CDFI Fund
program, the CDFI Fund will consider and may, in its discretion, deduct
points for those Applicants that have in any proceeding instituted
against the Applicant in, by, or before any court, governmental, or
administrative body or agency received a final determination within the
last three years indicating that the Applicant has discriminated on the
basis of race, color, national origin, disability, age, marital status,
receipt of income from public assistance, religion, or sex.
(c) Ranking: The CDFI Fund then will rank the applications by their
scores, from highest to lowest.
4. Award Selection: The CDFI Fund will make its final award
selections based on the rank order of Applicants by their scores and
the amount of funds available. In the case of a tied score(s),
Applicants will be ranked according to each Applicant's combined scores
in the Market Analysis, Business Strategy, and Community Development
Performance & Effective Use sections; then the score on the Financial
Health and Viability section; then the score on the Management section.
In addition, the CDFI Fund shall consider the institutional and
geographic diversity of Applicants when making its funding decisions.
5. Insured Native CDFIs: In the case of Insured Depository
Institutions and Insured Credit Unions, the CDFI Fund will consider the
views of the Appropriate Federal Banking Agencies. Throughout the award
review process, the CDFI Fund will consult with the Appropriate Federal
Banking Agency about the Applicant's financial safety and soundness. If
the Appropriate Federal Banking Agency identifies safety and soundness
concerns, the CDFI Fund will assess whether the concerns cause or will
cause the Applicant to be incapable of undertaking the activities for
which funding has been requested. If it is determined the Applicant is
incapable of meeting its obligations, the CDFI Fund reserves the right
to deselect the Applicant from receiving an award. The CDFI Fund also
reserves the right to require insured NACA Applicants to improve safety
and soundness conditions prior to receiving an award disbursement. In
addition, the CDFI Fund will take into consideration Community
Reinvestment Act
[[Page 68033]]
assessments of Insured Depository Institutions and/or their Affiliates.
6. Award Notification: Each Applicant will be informed of the CDFI
Fund's award decision either through notification in the Applicant's
myCDFIFund account, via e-mail to the Applicant's Authorized Official
Representative. This includes notification to Applicants who are not
receiving an award if the decision is based on reasons other than
completeness and eligibility. The CDFI Fund will provide feedback in a
format and within a timeframe depending on available resources.
7. The CDFI Fund reserves the right to reject an application if
information (including administrative errors) comes to the attention of
the CDFI Fund that either adversely affects an Applicant's eligibility
for an award, adversely affects the CDFI Fund's evaluation or scoring
of an application, or indicates fraud or mismanagement on the part of
an Applicant. If the CDFI Fund determines that any portion of the
application is incorrect in any material respect, the CDFI Fund
reserves the right, in its sole discretion, to reject the application.
The CDFI Fund reserves the right to change its eligibility and
evaluation criteria and procedures, if the CDFI Fund deems it
appropriate; if said changes materially affect the CDFI Fund's award
decisions, the CDFI Fund will provide information regarding the changes
through the CDFI Fund's Web site. There is no right to appeal the CDFI
Fund's award decisions. The CDFI Fund's award decisions are final.
VI. Award Administration Information
A. Assistance Agreement: Each Applicant that is selected to receive
an award under this NOFA must enter into an Assistance Agreement with
the CDFI Fund in order to receive disbursement of award proceeds. The
Assistance Agreement will set forth certain required terms and
conditions of the award, which will include, but not be limited to: (i)
The amount of the award; (ii) the type of award; (iii) the approved
uses of the award; (iv) the approved eligible market to which the
funded activity must be targeted; (v) performance goals and measures;
and (vi) reporting requirements for all Awardees. Applicants should
review the OMB Guidance: Requirements for Federal Funding
Accountability and Transparency Act Implementation (2 CFR part 170) to
ensure that they have processes and systems in place to comply with the
reporting obligations. FA and FA/TA Assistance Agreements under this
NOFA generally will have three-year performance periods; TA-only
Assistance Agreements generally will have two-year performance periods.
If prior to entering into an Assistance Agreement with the CDFI Fund,
information (including administrative error) comes to the attention of
the CDFI Fund that either adversely affects the Awardee's eligibility
for an award, or adversely affects the CDFI Fund's evaluation of the
Awardee's application, or indicates fraud or mismanagement on the part
of the Awardee, the CDFI Fund may, in its discretion and without
advance notice to the Awardee, terminate the award or take such other
actions as it deems appropriate. Moreover, if prior to entering into an
Assistance Agreement with the CDFI Fund, the CDFI Fund determines that
the Awardee or an Affiliate of the Awardee is in default of any
Assistance Agreement previously entered into with the CDFI Fund, the
CDFI Fund may, in its discretion and without advance notice to the
Awardee, either terminate the award or take such other actions as it
deems appropriate. For purposes of this section, the CDFI Fund will
consider an Affiliate to mean any entity that meets the definition of
Affiliate in the Regulations. The CDFI Fund reserves the right, in its
sole discretion, to rescind an award if the Awardee fails to return the
Assistance Agreement, signed by the Authorized Representative of the
Awardee, and/or provide the CDFI Fund with any other requested
documentation, within the deadlines set by the CDFI Fund. Each Awardee
must provide the CDFI Fund with a good standing certificate (or
equivalent documentation) from its State (or jurisdiction) of
incorporation.
1. Failure to Meet Reporting Requirements: If an Awardee or an
Affiliate of the Awardee is a prior Awardee or Allocatee under any CDFI
Fund program and is not current on the reporting requirements set forth
in the previously executed assistance, allocation, or award
agreement(s), as of the date of the Assistance Agreement, the CDFI Fund
reserves the right, in its sole discretion, to delay entering into an
Assistance Agreement until said prior Awardee or Allocatee is current
on the reporting requirements in any previously executed assistance,
allocation, or award agreement(s). Please note that the CDFI Fund only
acknowledges the receipt of reports that are complete. As such,
incomplete reports or reports that are deficient of required elements
will not be recognized as having been received. If said prior Awardee
or Allocatee is unable to meet this requirement within the timeframe
set by the CDFI Fund, the CDFI Fund reserves the right, in its sole
discretion, to terminate and rescind the Assistance Agreement and the
award made under this NOFA.
2. Pending Resolution of Noncompliance: If an Applicant is a prior
Awardee or Allocatee under any CDFI Fund program and if: (i) It has
submitted complete and timely reports to the CDFI Fund that demonstrate
noncompliance with a previous assistance, award, or allocation
agreement; and (ii) the CDFI Fund has yet to make a final determination
as to whether the entity is in default of its previous assistance,
award, or allocation agreement, the CDFI Fund reserves the right, in
its sole discretion, to delay entering into an Assistance Agreement,
pending full resolution, in the sole determination of the CDFI Fund, of
the noncompliance. Further, if an Affiliate of the Awardee is a prior
CDFI Fund Awardee or Allocatee and if such entity (i) has submitted
complete and timely reports to the CDFI Fund that demonstrate
noncompliance with a previous assistance, award, or allocation
agreement, and (ii) the CDFI Fund has yet to make a final determination
as to whether the entity is in default of its previous assistance,
award, or allocation agreement, the CDFI Fund reserves the right, in
its sole discretion, to delay entering into an Assistance Agreement,
pending full resolution, in the sole determination of the CDFI Fund, of
the noncompliance. If the prior Awardee or Allocatee in question is
unable to satisfactorily resolve the issues of noncompliance, in the
sole determination of the CDFI Fund, the CDFI Fund reserves the right,
in its sole discretion, to terminate and rescind the Assistance
Agreement and the award made under this NOFA.
3. Default Status: If, at any time prior to entering into an
Assistance Agreement through this NOFA, the CDFI Fund has made a final
determination that an Awardee that is a prior Awardee or Allocatee
under any CDFI Fund program is in default of a previously executed
assistance, allocation, or award agreement(s), the CDFI Fund reserves
the right, in its sole discretion, to delay entering into an Assistance
Agreement, until said prior Awardee or Allocatee has submitted a
complete and timely report demonstrating full compliance with said
agreement within a timeframe set by the CDFI Fund. Further, if at any
time prior to entering into an Assistance Agreement through this NOFA,
the CDFI Fund has made a final determination that an Affiliate of the
Awardee is a prior Awardee or Allocatee under any CDFI Fund
[[Page 68034]]
program and is in default of a previously executed assistance,
allocation, or award agreement(s), the CDFI Fund reserves the right, in
its sole discretion, to delay entering into an Assistance Agreement,
until said prior Awardee or Allocatee has submitted a complete and
timely report demonstrating full compliance with said agreement within
a timeframe set by the CDFI Fund. If said prior Awardee or Allocatee is
unable to meet this requirement and the CDFI Fund has not specified in
writing that the prior Awardee or Allocatee is otherwise eligible to
receive an Award under this NOFA, the CDFI Fund reserves the right, in
its sole discretion, to terminate and rescind the Assistance Agreement
and the award made under this NOFA.
4. Termination in Default: If (i) within the 12-month period prior
to entering into an Assistance Agreement through this NOFA, the CDFI
Fund has made a final determination that an Awardee is a prior Awardee
or Allocatee under any CDFI Fund program whose award or allocation was
terminated in default of such prior agreement, and (ii) the final
reporting period end date for the applicable terminated agreement falls
within the 12-month period prior to the application deadline of this
NOFA, the CDFI Fund reserves the right, in its sole discretion, to
delay entering into or determine not to enter into an Assistance
Agreement. Further, if (i) within the 12-month period prior to entering
into an Assistance Agreement through this NOFA, the CDFI Fund has made
a final determination that an Affiliate of the Awardee is a prior
Awardee or Allocatee under any CDFI Fund program whose award or
allocation was terminated in default of such prior agreement, and (ii)
the final reporting period end date for the applicable terminated
agreement falls within the 12-month period prior to the application
deadline of this NOFA, the CDFI Fund reserves the right, in its sole
discretion, to delay entering into or determine not to enter into an
Assistance Agreement.
5. Compliance with Federal Anti-Discrimination Laws: If the Awardee
has previously received funding through any CDFI Fund program, and if
at any time prior to entering into an Assistance Agreement through this
NOFA, the CDFI Fund is made aware of a final determination, made within
the last three years, in any proceeding instituted against the Awardee
in, by, or before any court, governmental, or administrative body or
agency, declaring that the Awardee has discriminated on the basis of
race, color, national origin, disability, age, marital status, receipt
of income from public assistance, religion, or sex, the CDFI Fund
reserves the right, in its sole discretion, to terminate and rescind
the award made under this NOFA.
B. Reporting: 1. Reporting Requirements: The CDFI Fund will collect
information, on at least an annual basis, from each Awardee including,
but not limited to, an Annual Report that comprises the following
components: (i) Financial Reports (including an OMB A-133 audit, as
applicable; however Financial Reports are not required of Sponsoring
Entities); (ii) Institution Level Report; (iii) Transaction Level
Report (for Awardees receiving FA awards); (iv) Financial Status Report
form SF-269/SF-425 (for Awardees receiving TA grants); (v) Uses of
Financial Assistance (for Awardees receiving FA awards); (vi)
Explanation of Noncompliance (as applicable); and (vii) such other
information as the CDFI Fund may require. Each Awardee is responsible
for the timely and complete submission of the Annual Report, even if
all or a portion of the documents actually is completed by another
entity or signatory to the Assistance Agreement. If such other entities
or signatories are required to provide Institution Level Reports,
Transaction Level Reports, Financial Reports, or other documentation
that the CDFI Fund may require, the Awardee is responsible for ensuring
that the information is submitted timely and complete. The CDFI Fund
reserves the right to contact such additional entities or signatories
to the Assistance Agreement and require that additional information and
documentation be provided. The CDFI Fund will use such information to
monitor each Awardee's compliance with the requirements set forth in
the Assistance Agreement and to assess the impact of the NACA Program.
The Institution Level Report and the Transaction Level Report must be
submitted through the CDFI Fund's Web-based data collection system, the
Community Investment Impact System (CIIS). The Financial Reports may be
submitted through CIIS. All other components of the Annual Report may
be submitted electronically, as directed, by the CDFI Fund. The CDFI
Fund reserves the right, in its sole discretion, to modify these
reporting requirements if it determines it to be appropriate and
necessary; however, such reporting requirements will be modified only
after notice to Awardees. Furthermore, in order to ensure compliance
with reporting requirements, all Awardees will be required to
participate in a post-award training session on the CDFI Fund's
reporting requirements. Awardees who fail to participate in such
training run the risk of having the award rescinded or future
applications penalized by point deductions.
2. Accounting: The CDFI Fund will require each Awardee that
receives FA and TA awards through this NOFA to account for and track
the use of said FA and TA awards. This means that for every dollar of
FA and TA awards received from the CDFI Fund, the Awardee will be
required to inform the CDFI Fund of its uses. This will require
Awardees to establish separate administrative and accounting controls,
subject to the applicable OMB Circulars. The CDFI Fund will provide
guidance to Awardees outlining the format and content of the
information to be provided on an annual basis, outlining and describing
how the funds were used. Each Awardee that receives an award must
provide the CDFI Fund with the required complete and accurate Automated
Clearinghouse (ACH) form for its bank account prior to award closing
and disbursement.
VII. Agency Contacts
A. The CDFI Fund will respond to questions and provide support
concerning this NOFA and the funding application between the hours of 9
a.m. and 5 p.m. ET, starting the date of the publication of this NOFA
through three business days prior to the application deadline. The CDFI
Fund will not respond to questions or provide support concerning the
applications that are received after 5 p.m. ET on said dates, until
after the funding application deadline. Applications and other
information regarding the CDFI Fund and its programs may be obtained
from the CDFI Fund's Web site at https://www.cdfifund.gov. The CDFI Fund
will post responses on its Web site to questions of general
applicability regarding the NACA Program.
B. The CDFI Fund's contact information is as follows:
[[Page 68035]]
Table 4--Contact Information
----------------------------------------------------------------------------------------------------------------
Telephone number
Type of question (not toll free) * E-mail addresses
----------------------------------------------------------------------------------------------------------------
NACA Program.............................. 202-622-6355 cdfihelp@cdfi.treas.gov.
Certification, Compliance Monitoring and 202-622-6330 cme@cdfi.treas.gov.
Evaluation.
Information Technology Support............ 202-622-2455 ithelpdesk@cdfi.treas.gov.
----------------------------------------------------------------------------------------------------------------
* Fax number for all offices: 202-622-7754.
C. Information Technology Support: People who have visual or
mobility impairments that prevent them from creating a Target Market
map using the CDFI Fund's Web site should call (202) 622-2455 for
assistance (this is not a toll free number).
D. Communication with the CDFI Fund: The CDFI Fund will use the
myCDFIFund Internet interface to communicate with Applicants and
Awardees, using the contact information maintained in their respective
myCDFIFund accounts. Therefore, the Applicant and any Subsidiaries,
signatories, and Affiliates must maintain accurate contact information
(including contact person and authorized representative, e-mail
addresses, fax numbers, phone numbers, and office addresses) in its
myCDFIFund account(s). For more information about myCDFIFund (which
includes information about the CDFI Fund's Community Investment Impact
System), please see the Help documents posted at https://www.cdfifund.gov/ciis/accessingciis.pdf.
VIII. Information Sessions and Outreach
The CDFI Fund may conduct webinars or host information sessions for
organizations interested in applying to, or learning about, the CDFI
Fund's programs. For further information, please visit the CDFI Fund's
Web site at https://www.cdfifund.gov.
Authority: 12 U.S.C. 4703, 4704, 4706, 4707, 4717; 12 CFR part
1805.
Dated: October 29, 2010.
Donna J. Gambrell,
Direc