Notice of Funds Availability (NOFA) Inviting Applications for the Community Development Financial Institutions the Native American CDFI Assistance (NACA) Program FY 2012 Funding Round (the FY 2012 Funding Round), 70535-70544 [2011-29305]
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on environmental and historic
preservation matters must be filed
within 15 days after the EA becomes
available to the public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to 49 CFR 1152.29(e)(2), UP
shall file a notice of consummation with
the Board to signify that it has exercised
the authority granted and fully
abandoned the line. If consummation
has not been effected by UP’s filing of
a notice of consummation by November
14, 2012, and there are no legal or
regulatory barriers to consummation,
the authority to abandon will
automatically expire.
Board decisions and notices are
available on our Web site at ‘‘https://
www.stb.dot.gov.’’
Decided: November 4, 2011.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–29131 Filed 11–10–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
contained in marks. TTB uses this
information to validate the receipts of
excise tax revenue by the Federal
government.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 1.
OMB Number: 1513–0119.
Type of Review: Extension without
change of a currently approved
collection.
Title: Certification of Proper Cellar
Treatment for Imported Natural Wine.
Abstract: TTB is requiring importers
of natural wine to certify compliance
with proper cellar treatment standards.
This certification is necessary to comply
with statutory requirements.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 6,600.
Clearance Officer: Gerald Isenberg,
Alcohol and Tobacco Tax and Trade
Bureau, Room 200 East, 1310 G Street
NW., Washington, DC 20005; (202) 453–
2165.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
Submission for OMB Review;
Comment Request
[FR Doc. 2011–29195 Filed 11–10–11; 8:45 am]
BILLING CODE 4810–31–P
November 7, 2011.
The Department of the Treasury will
submit the following public information
collection requirements to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. A copy of
the submissions may be obtained by
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Dates: Written comments should be
received on or before December 14, 2011
to be assured of consideration.
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Alcohol and Tobacco Tax and Trade
Bureau (TTB)
OMB Number: 1513–0092.
Type of Review: Extension without
change of a currently approved
collection.
Title: Marks on Wine Containers, TTB
REC 5120/3.
Abstract: TTB requires that wine on
wine premises be identified by
statements of information on labels or
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DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Notice of Funds Availability (NOFA)
Inviting Applications for the
Community Development Financial
Institutions the Native American CDFI
Assistance (NACA) Program FY 2012
Funding Round (the FY 2012 Funding
Round)
Announcement Type: Announcement
of funding opportunity.
Catalog of Federal Domestic Assistance
(CFDA) Number: 21.020.
Dates: Applications for Financial
Assistance (FA) awards or Technical
Assistance (TA) grants through the FY
2012 Funding Round of the NACA
Program must be received by 11:59 p.m.,
Eastern Time (ET), January 18, 2012.
Executive Summary: Subject to
funding availability, this NOFA is
issued in connection with the FY 2012
Funding Round of the NACA Program,
administered by the Community
Development Financial Institutions
(CDFI) Fund.
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I. Funding Opportunity Description
A. Award Requirements: Through the
NACA program, the CDFI Fund
provides FA awards and TA grants. FA
awards are made to certified Native
CDFIs and certifiable Native CDFIs that
complete and submit a NACA
Application (Application) and meet the
requirements set forth in this NOFA,
subject to funding availability. In FY
2012, subject to the availability of
funding, the CDFI Fund will also make
FA awards under the Healthy Food
Financing Initiative (HFFI–FA) to
certified CDFIs that meet the
requirements set forth in this NOFA. TA
grants are made to certified Native
CDFIs, certifiable Native CDFIs,
emerging Native CDFIs, and Sponsoring
Entities that complete and submit the
Application and meet the requirements
set forth in this NOFA.
B. Program Regulations: The
regulations governing the NACA
program are found at 12 CFR Parts 1805
and 1815 (the Regulations) and provide
guidance on evaluation criteria and
other requirements. Details regarding
the application content requirements are
found in the Application and related
materials. Each capitalized term in this
NOFA is more fully defined in this
NOFA, the Regulations, or the
Application, and the CDFI Fund
encourages Applicants to review the
Regulations in addition to this NOFA.
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 reallocate 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. In addition, the
CDFI Fund invites applications that
propose innovative Financial Products
and Financial Services to address the
current difficult economic conditions of
our nation.
D. Coordination with Broader
Community Development Strategies:
Consistent with Federal efforts to
promote community revitalization, it is
important for communities to develop a
comprehensive neighborhood
revitalization strategy that addresses
neighborhood assets that are essential to
transforming distressed neighborhoods
into healthy and vibrant communities of
opportunity. Furthermore, only through
the development of comprehensive
neighborhood revitalization plans that
embrace the coordinated use of
programs and resources in order to
effectively address the interrelated
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needs within a community will the
broader vision of neighborhood
transformation occur. Although not a
requirement for participating in the
NACA Program, the Federal government
believes that a CDFI will be most
successful when it is part of, and
contributing to, an area’s broader
neighborhood revitalization strategy.
II. Award Information
A. Funding Availability
1. FY 2012 Funding Round: Subject to
funding availability, the CDFI Fund
expects to award, through this NOFA,
approximately $12 million in NACA
awards for FA and TA Applicants and
In addition, through this NOFA and the
CDFI Program NOFA, the CDFI Fund
expects to award approximately $25
million total in FA awards to HFFI
Applicants under the CDFI and NACA
Programs. The CDFI Fund reserves the
right to award more or less than the
amounts cited above in the FY 2012
Funding Round, based upon available
funding and other appropriate factors.
2. Availability of Funds for the FY
2012 Funding Round: Funds for the FY
2012 Funding Round have not yet been
appropriated. If funds are not
appropriated for the NACA program,
there will not be a NACA FY 2012
Funding Round. If funds are
appropriated, the amount of such funds
may be greater or less than the amounts
set forth above.
B. Types of Awards: An Applicant
may submit an application for a TA
award or an FA award, which includes
NACA Program FA and HFFI–FA
1. FA Awards
FA awards provide flexible financial
support to CDFIs so they may achieve
the strategies outlined in their
Comprehensive Business Plans. FA
awards can be used in the following six
categories: (i) Financial Products; (ii)
Financial Services; (iii) Development
Services; (iv) Loan Loss Reserves; (v)
Capital Reserves; and/or (vi) Operations.
For purposes of this NOFA, the six
categories mean:
TABLE 1—SIX CATEGORIES OF FA
(i) Financial Products ......................
(ii) Financial Services ......................
(iii) Development Services ..............
(iv) Loan Loss Reserves .................
(v) Capital Reserves .......................
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(vi) Operations ................................
Loans, grants, equity investments, and similar financing activities, including the purchase of loans that the
Applicant originates 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).
Checking and savings accounts, certified checks, automated teller machines services, deposit taking, remittances, safe deposit box services, and other similar services (including administrative funds used to
carry out Financial Services).
Activities that promote community development and help the Applicant provide its Financial Products and
Financial Services, including financial or credit counseling, housing and homeownership counseling (preand post-), self-employment technical assistance, entrepreneurship training, and financial management
skill-building (including administrative funds used to carry out Development Services).
Funds 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 the Target Market, or for related purposes that
the CDFI Fund deems appropriate (including administrative funds used to carry out Loan Loss Reserves).
Funds set aside as 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).
Funds used to carry out the Comprehensive Business Plan, and/or for related purposes the CDFI Fund
deems appropriate, that are not used to carry out or administer any of the foregoing eligible FA uses.
The CDFI Fund may provide FA
awards in the form of equity
investments (including secondary
capital in the case of certain Insured
Credit Unions), grants, loans, deposits,
credit union shares, or any combination
thereof. The CDFI Fund reserves the
right, in its sole discretion, to provide
an 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. 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,
transferred, or co-awarded to, thirdparty entities, whether Affiliates,
Subsidiaries, or others. This includes
certified CDFI bank holding companies
that intend to transfer FA awards to
their banks. Such transfers are not
permitted. The entity that is to carry out
the responsibilities of the award and
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deploy the award funds must be the
entity that applies for the award.
2. Healthy Food Financing Initiative
(HFFI) and HFFI–FA awards:
(i) Overview. The United States
Department of Agriculture (USDA),
Health and Human Services (HHS), and
the United States Department of
Treasury are working together to
support projects that increase access to
healthy, affordable food in low-income
neighborhoods that lack access to
healthy food options. As part of a
coordinated effort called the Healthy
Food Financing Initiative (HFFI), these
three departments will aim to expand
the availability of nutritious food
through the establishment of healthy
food retail outlets, including developing
and equipping grocery stores, small
retailers, corner stores, and farmers
markets to help revitalize
neighborhoods that currently lack these
options.
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In addition to the CDFI and NACA
Programs, the HFFI includes: (i) The
New Markets Tax Credit (NMTC)
Program, also administered by the CDFI
Fund; (ii) the Community and Economic
Development (CED) Program, which
HHS administers; and (iii) several
programs that USDA administers
including, among others, the Business
and Industry (B&I) Program and the
Intermediary Relending Program (IRP).
Each of these programs provides a
unique mechanism to support initiatives
aimed at increasing access to healthy
food. When these programs are
combined, public dollars can act far
more effectively as a market catalyst by
providing the full range of financing to
local actors—a key step to addressing
the problem of limited access to
affordable and nutritious food. Instead
of approaching this problem through
separate agency and program silos, the
HFFI will use a collaborative approach
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involving the resources of all three
agencies.
For more information about this
initiative, please visit the HFFI Web site
at www.usda.gov/fooddeserts.
(ii) HFFI–FA Awards. In FY 2012,
subject to appropriations, the CDFI
Fund may award up to $25 million of
HFFI–FA awards through the CDFI and
NACA Programs. The CDFI Fund
expects to make HFFI–FA awards of up
to $3.5 million to certified CDFIs that
submit and complete the CDFI/NACA
Program Application and the HFFI–FA
Supplemental Questionnaire. The
HFFI–FA Supplemental Questionnaire
will only be sent to those applicants
indicating in their FY 2012 application
that they intend to apply for an HFFI–
FA award. The CDFI Fund reserves the
right to make awards less than or greater
than $3.5 million based upon the
questionnaires received and the funds
available. The FY 2012 HFFI–FA
supplemental questionnaire will not
likely be finalized and made available to
prospective applicants until after the FY
2012 CDFI Program Application
deadline. However, a copy of the FY
2011 HFFI–FA supplemental
questionnaire is available for review on
the CDFI Fund’s Web site at
www.cdfifund.gov.
HFFI–FA awards will be provided as
a supplement to FA awards; therefore
only those applicants that have been
selected to receive an FA award under
the FY 2012 CDFI or NACA Funding
Round will be eligible to receive an
HFFI–FA award. Such applicants will
be rated and scored separately based
upon the HFFI–FA supplemental
questionnaire responses. HFFI–FA
Applicants will be rated, among other
elements, on the extent of community
need, the quality of their HFFI–FA
strategy, and their capacity to execute
that strategy. The CDFI Fund will
collaborate with the other Federal
agencies involved in the HFFI prior to
making final award selections. The CDFI
Fund may, at its discretion, perform
additional due diligence on Applicants
for this initiative. HFFI–FA awards must
be used to support the Applicant’s
activities; the awards cannot be used to
support the activities of, or otherwise be
passed through, transferred, or coawarded to, third-party entities, whether
Affiliates, Subsidiaries, or others. This
includes the transfer of an award from
a Bank Holding Company to a Bank
subsidiary.
3. TA Grants
(a) The CDFI Fund provides NACA
TA as a grant and reserves the right, in
its sole discretion, to provide a grant for
uses and amounts other than that which
the Applicant requests; however, the
grant amount will not exceed the
Applicant’s request as stated in its
application and the applicable budget
chart.
(b) For purposes of this NOFA, TA
eligible uses are: (i) Personnel/salary;
(ii) personnel/fringe; (iii) professional
services; (iv) travel; (v) training; (vi)
equipment; (vii) materials/supplies; and
(viii) other costs. (Please see the
70537
Application for details on TA uses.) TA
grants must be used to support the
Applicant’s capacity building activities.
TA grants cannot be used to support the
activities of, or otherwise be passed
through, transferred, or co-awarded to,
third-party entities, whether Affiliates,
Subsidiaries, or others. This includes
the transfer of an award from a Bank
Holding Company to a Bank subsidiary.
C. Assistance Agreement: Each
Awardee under this NOFA must sign an
Assistance Agreement before the CDFI
Fund will disburse an award or grant.
The Assistance Agreement contains the
Award’s terms and conditions. For
further information, see Section VI.A of
this NOFA.
III. Eligibility Information
A. Eligible Applicants: The
Regulations specify the eligibility
requirements each Applicant must meet
in order to be eligible to apply for
assistance under this NOFA. NACA
Applicants may apply as either an FA
applicant or a TA applicant, but not
both. If an Applicant applies for both
types of awards, it is in the sole
discretion of the CDFI Fund to
disqualify the Applicant from
competing for either an FA award or a
TA grant or to decide to give the
Applicant either an FA award or a TA
grant.
1. FA Applicant Categories: All FA
Applicants must meet the criteria listed
in Table 2.
TABLE 2—NACA APPLICANT CRITERIA
Applicant type
Criteria of applicant
Maximum award
FA .......................
A Certified/Certifiable Native CDFI that meets all other eligibility requirements described in this NOFA.
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 $3.5 million in FA funds under the HFFI–FA.
Up to $150,000 for capacity-building activities.
TA .......................
2. 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 CDFIs, and Sponsoring
Entities under the NACA Program,
defined as follows:
TABLE 3—NATIVE CDFI CERTIFICATION REQUIREMENTS AND DEFINITIONS
Description
(a) Certified Native CDFI ................
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Requirement/definition
An entity the CDFI Fund has officially notified that it meets all CDFI certification requirements as of this
NOFA’s publication date. CDFIs that have received official notification from the CDFI Fund that their certification has expired or been terminated are not eligible to apply as Certified. If the CDFI Fund has provided certified CDFIs with written notification that their certifications had been extended, the CDFI Fund
will consider the extended certification dates to determine whether those certified CDFIs meet this eligibility requirement.
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TABLE 3—NATIVE CDFI CERTIFICATION REQUIREMENTS AND DEFINITIONS—Continued
Requirement/definition
Description
(b) Certifiable Native CDFI .............
An entity that has submitted an application to the CDFI Fund demonstrating it meets the CDFI certification
requirements but the CDFI Fund has not yet officially certified the entity. If the CDFI Fund is unable to
certify an Applicant and the Applicant is selected for an FA award, the CDFI Fund may, in its sole discretion, terminate the award commitment. The CDFI Fund will not enter into an Assistance Agreement or
disburse FA award funds unless and until an Applicant is Certified. The CDFI Certification application
can be found on the CDFI Fund’s website at www.cdfifund.gov. Certifiable Applicants must have submitted a certification application as of the date indicated in Section IV.F of this NOFA to be eligible for
FA in the FY 2012 round.
An entity that demonstrates to the CDFI Fund it has an acceptable plan to become Certified by December
31, 2013, or another date selected by the CDFI Fund. Emerging CDFIs may only apply for TA grants;
they are not eligible to apply for FA awards. Each Emerging CDFI selected to receive a TA grant will be
required, pursuant to its Assistance Agreement with the CDFI Fund, to become certified as a CDFI by a
specified date.
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. Sponsoring entities that are selected to receive a TA grant will be required, pursuant to their Assistance
Agreements 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.
Certified applicants must submit a certification of Material Events form if they have experienced a material
event. A ‘‘material event’’ is an occurrence that affects an organization’s strategic direction, mission, or
business operation and, thereby, its status as a Certified CDFI and/or its compliance with the terms and
conditions of an Assistance Agreement. Please see Section IV in this NOFA for deadlines to submit material events forms. The material events form can be found on the CDFI Fund’s website at
www.cdfifund.gov.
Other Targeted Populations are defined as identifiable groups of individuals in the Applicant’s service area
for which there exists strong evidence that they lack access to loans, equity investments, and/or Financial Services. The CDFI Fund has determined there is strong evidence that the following groups of individuals lack access to such products and services on a national level or within their recognized ancestral
areas: (i) Native Americans or American Indians, including Alaska Natives living in Alaska; (ii) Blacks or
African Americans; (iii) Hispanics or Latinos; (iv) Native Hawaiians living in Hawaii; and (v) other Pacific
Islanders living in other Pacific Islands.
An Applicant designating any of the above-cited Other Targeted Populations is not required to provide additional narrative explaining their lack of access to loans, equity investments, or Financial Services. To
define these populations for the purposes of this NOFA, the CDFI Fund is using the following definitions,
set forth in the Office of Management and Budget (OMB) Notice, Revisions to the Standards for the
Classification of Federal Data on Race and Ethnicity (October 30, 1997), as amended and supplemented:
(a) American Indian, Native American, or Alaska Native: a person having origins in any of the original peoples of North and South America (including Central America) and who maintains Tribal affiliation or community attachment;
(b) Black or African American: a person having origins in any of the black racial groups of Africa (terms
such as Haitian or Negro can be used in addition to Black or African American);
(c) Hispanic or Latino: a person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race (the term Spanish origin can be used in addition to Hispanic
or Latino);
(d) Native Hawaiian: a person having origins in any of the original peoples of Hawaii; and
(e) Other Pacific Islander: a person having origins in any of the original peoples of Guam, Samoa or other
Pacific Islands.
(c) Emerging Native CDFI ..............
(d) Sponsoring Entities ...................
(e) Material Events Form ................
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(f) Other Targeted Populations as
Target Markets.
4. Limitation on Awards: An
Applicant may receive only one award
under this FY 2012 NOFA. An
Applicant may receive only one award
through the FY 2012 CDFI Program
Funding Round or the FY 2012 NACA
Program Funding Round.
B. Prior Awardees: 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 any entity otherwise
identified as an Affiliate by the
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Applicant in its funding application
and/or its myCDFIFund account.
Prior awardees should note the
following:
$5 Million Funding Cap: Congress
waived the $5 million funding cap (i.e.,
the prohibition that an applicant and its
Affiliates cannot collectively receive
more than $5 million in NACA Program
awards over a three year period) for
each of the FY 2009, FY 2010 and the
FY 2011 funding rounds, and it is
possible that the $5 million funding cap
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may be waived for the FY 2012 Funding
Round. However, as of this NOFA’s
publication date such a waiver has not
been enacted into law. Accordingly, the
CDFI Fund is currently prohibited from
obligating more than 1. $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
calculated for the cap extends back
three years from the Effective Date of the
Assistance Agreement between the
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Awardee and the CDFI Fund. However,
for purposes of this NOFA, because the
funding cap was waived for 2009, 2010,
and 2011, the CDFI Fund will only
include assistance in the cap that will
be provided to an Applicant (or its
Subsidiaries or Affiliates) in the FY
2012 Funding Round. This means if a
waiver of the funding cap is not
enacted, Applicants and their
Subsidiaries and Affiliates will be
limited to a maximum award of $5
million in FA, HFFI–FA, and TA funds
in FY 2012. The CDFI Fund will assess
70539
the $5 million funding cap applicability
during the award selection phase if a
Congressional waiver has not been
enacted by that time.
Please see the following table for other
Prior Awardee Requirements and
Considerations:
TABLE 4—PRIOR AWARDEE REQUIREMENTS AND CONSIDERATIONS
Prior awardee situation
Requirements and considerations
Failure to Meet Reporting Requirements ............
The CDFI Fund will not consider an application if the Applicant or its Affiliate is a prior Awardee/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 this NOFA’s application deadline. The CDFI Fund only acknowledges receipt of reports
that are complete; incomplete reports or reports that are deficient of required elements will
not be considered as having been received.
It is in the CDFI Fund’s sole discretion to consider the Applicant’s application pending until full
resolution of a noncompliance issue if the Applicant, is a prior Awardee/Allocatee under any
CDFI Fund program and if: (i) The entity has submitted reports to the CDFI Fund indicating
noncompliance with a previously executed agreement with the CDFI Fund, and (ii) the CDFI
Fund has yet to make a final determination as to whether the entity is in default of its previously executed agreement.
The CDFI Fund will not consider an application if an Applicant is a prior Awardee/Allocatee
under any CDFI Fund program and is in default of a previously executed agreement with
the CDFI Fund at the time that the application is due under this NOFA. Such entities will be
ineligible to apply for an award under this NOFA as long as the Applicant or its Affiliate’s
prior award or allocation remains in default status or such other time period as the CDFI
Fund has specified in writing.
The CDFI Fund will not consider an Applicant’s application that is a prior Awardee/Allocatee
under any CDFI Fund program if the CDFI Fund made a final determination that the Awardee/Allocatee’s prior award was terminated in default: (i) Within the 12-month period prior to
this NOFA’s application deadline, and (ii) the final reporting period end date for the applicable terminated award falls within the 12-month period prior to this NOFA’s application deadline.
The CDFI Fund encourages Applicants with undisbursed funds to request the undisbursed
funds from the CDFI Fund at least 10 business days prior to this NOFA’s application deadline.
The CDFI Fund will not consider an Applicant’s application if the Applicant Awardee under any
CDFI Fund program and has undisbursed award funds (as defined below) as of this NOFA’s
application deadline. The CDFI Fund will include the combined undisbursed prior awards,
as of this NOFAs application deadline, of the Applicant and its 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 the CDFI Fund determines.
For the BEA Program, undisbursed award funds will be included in the calculation of
undisbursed awards for the Applicant and any three to five calendar years prior to the end
of the calendar year of this NOFA’s application deadline. For purposes of this NOFA, therefore, undisbursed awards made in FYs 2006, 2007, and 2008 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.
The NACA Program undisbursed funds will be calculated by adding all undisbursed award
amounts made to the Applicant two to five calendar years prior to the end of the calendar
year of this NOFA. Therefore, undisbursed NACA awards made in FYs 2006, 2007, 2008,
and 2009 will be included in the undisbursed calculation as of this NOFA’s application deadline.
Undisbursed awards cannot 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 CDFI Fund program.)
Please refer to an example of this calculation on the CDFI Fund’s website, found in the
Q&A document for the FY 2012 Funding Round. The ‘‘undisbursed award funds’’ calculation
does not include: (i) Tax credit allocation authority made available through the NMTC Program; (ii) award funds that the Awardee has requested from the CDFI Fund by submitting a
full and complete disbursement request before this NOFA’s application deadline; (iii) award
funds for an award that the CDFI Fund has terminated or de-obligated; or (iv) award funds
for an award that does not have a fully executed assistance or award agreement.
Pending Resolution of Noncompliance ...............
Default Status
Termination in Default .........................................
Undisbursed Award Funds ..................................
BEA Program Undisbursed Awards Calculations
NACA Program Undisbursed Awards Calculations.
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Undisbursed Award Calculations ........................
2. 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),
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and (ii) contact the CDFI Fund to ensure
necessary actions are underway for the
disbursement or de-obligation of any
prior outstanding award balance(s) as
referenced above. An Applicant that is
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Sfmt 4703
unsure about the disbursement status of
any prior award should contact the
CDFI Fund by sending an email to
CDFI.disburseinquiries@cdfi.treas.gov.
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Applicants must meet the following
matching funds requirements:
(a) Certified and Certifiable Native
CDFIs: A Certified or Certifiable Native
CDFI Applicant must demonstrate that
it has eligible matching funds equal to
no less than 25 percent of the FA
amount requested in-hand or firmly
committed, on or after January 1, 2010,
and on or before the application
deadline. The CDFI Fund reserves the
right to rescind all or a portion of an 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,
2013 (with required documentation of
such receipt received by the CDFI Fund
not later than March 31, 2013). The
CDFI Fund may 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 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,
2013.
(b) HFFI–FA Applicants: It is possible
that the matching funds requirements
for HFFI–FA awards may be waived for
the FY 2012 Funding Round. However,
as of this NOFA’s publication such a
waiver has not been enacted. An
Applicant requesting an HFFI–FA
award that does not include matching
funds documentation in its application
will be deemed ineligible for funding
under the FY 2012 Funding Round if a
C. Matching Funds Requirements
1. Matching Funds Requirements in
General: FA Applicants must obtain
non-Federal matching funds, on the
basis of not less than one dollar for each
dollar of FA funds the CDFI Fund
provides. (This requirement pertains to
FA Applicants only; matching funds are
not required for TA Applicants).
Matching funds must be comparable in
form and value to the FA award. This
means that if an Applicant is requesting
an FA award, the Applicant must show
it has obtained matching funds through
commitment(s) from non-Federal
sources that are equal to the amount
requested from the CDFI Fund.
Applicants cannot use matching funds
from a prior FA award under the NACA
Program or under another federal grant
or award program to satisfy the
matching funds requirement of this
NOFA. If an Applicant seeks to use
matching funds from an organization
that was a prior Awardee under the
NACA, the CDFI Fund will deem such
funds as federal funds, unless the
funding entity establishes and the CDFI
Fund agrees, that such funds do not
consist, in whole or in part, of NACA
Program funds or other federal 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. The CDFI Fund will not consider
any FA Applicant for an award that has
no matching funds in-hand or firmly
committed as of this NOFA’s
application deadline. Specifically, FA
matching funds waiver is not enacted.
An Applicant requesting an HFFI–FA
award that would not satisfy the
matching funds requirements but is
otherwise eligible under this NOFA may
wish to submit an application in the
event a matching funds waiver is
enacted.
Accordingly, subject to the
immediately preceding paragraph: A
HFFI–FA Applicant must demonstrate
that it has eligible matching funds equal
to no less than 25 percent of the FA
amount requested in-hand or firmly
committed, on or after January 1, 2010,
and on or before the deadline for the
submitting the HFFI–FA supplemental
questionnaire. The CDFI Fund reserves
the right to rescind all or a portion of
an 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, 2013 (with required documentation
of such receipt received by the CDFI
Fund not later than March 31, 2013).
The CDFI Fund may 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 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,
2013.
3. Matching Funds Terms Defined;
Required Documentation
TABLE 5—MATCHING FUNDS DEFINITIONS
Type of Matching Funds
Definition
(a) Matching funds ‘‘in-hand’’ ..............................
The Applicant has actually received disbursement of the matching funds and provides to the
CDFI Fund acceptable written documentation, showing the source, form, and amount of the
matching funds (i.e., grant, loan, deposit, and equity investment). Applicants must provide
copies of the following documentation depending on the type of award being requested: (i)
Loans—the loan agreement and promissory note; (ii) grant—the grant letter or agreement
for all grants of $50,000 or more; (iii) equity investment—the stock certificate and any related shareholder agreement. The Applicant must also provide acceptable documentation
that demonstrates receipt of the matching funds, such as a copy of a check or a wire transfer statement.
The Applicant has entered into or received a legally binding commitment from the matching
funds source showing the funds will be disbursed to the Applicant. The Applicant must also
provide acceptable written documentation showing the source, form, and amount of the firm
commitment (and, in the case of a loan, the terms thereof), as well as the anticipated disbursement date of the committed funds.
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(b) Matching Funds ‘‘firmly committed’’ ..............
4. The CDFI Fund may contact the
matching funds source to discuss the
matching funds and the documentation
that the Applicant has provided. If the
CDFI Fund determines that any portion
of the Applicant’s matching funds is
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19:40 Nov 10, 2011
Jkt 226001
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. In such
instances: (i) The Applicant must
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Fmt 4703
Sfmt 4703
provide acceptable alternative matching
funds documentation within two
business days of the CDFI Fund’s
request, and (ii) the alternative matching
funds documentation will not increase
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the total amount of FA the Applicant
requested.
5. Special Rule for Insured Credit
Unions: The Regulations allow an
Insured Credit Union to use retained
earnings to serve as matching funds for
an FA award 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
equal to the amount of retained earnings
committed as matching funds. This
increase must occur 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 in
the relevant Financial Statements or
NCUA Call Report that it has increased
shares or loans by at least 25 percent of
the requested FA award amount
between December 31, 2010, and
December 31, 2011.
IV. Application and Submission
Information
A. Application Submission: Under
this NOFA, all Applicants must submit
their applications electronically through
Grants.gov. The CDFI Fund will not
accept applications through
myCDFIFund accounts nor will
applications be accepted via email,
mail, facsimile, or other forms of
communication, except in
circumstances approved by the CDFI
Fund beforehand.
B. Grants.gov: In compliance with
Public Law 106–107 and Section 5(a) of
the Federal Financial Assistance
Management Improvement Act, the
CDFI Fund is required to accept
applications submitted through the
Grants.gov electronic system. The CDFI
Fund strongly recommends Applicants
start the registration process as soon as
possible and visit www.grants.gov
immediately. Applicants that have used
Grants.gov in the past must verify that
their registration is current and active.
New applicants must properly register,
which may take several weeks to
complete. Pursuant to OMB guidance
(68 Federal Register 38402), each
Applicant must provide, as part of its
application submission, a Dun and
Bradstreet Data Universal Numbering
System (DUNS) number. In addition,
each application must include a valid
and current Employer Identification
Number (EIN). An electronic application
that does not include either a DUNS or
an EIN is incomplete and may not be
transmitted to the CDFI Fund from
Grants.gov. As a result, Applicants
without a DUNS or EIN should allow
sufficient time for the IRS and/or Dun
and Bradstreet to respond to inquiries
and/or requests for identification
numbers.
The CDFI Fund will not consider
Applicants that fail to properly register
in Grants.gov or to confirm they are
properly registered and as a result, are
unable to submit their applications
before the deadline. Applicants are
reminded that the CDFI Fund does not
maintain the Grants.gov registration or
submittal process so Applicants must
contact Grants.gov directly for issues
related to that aspect of the application
submission process. Please see the
following link for information on getting
started on Grants.gov https://grants.gov/
applicants/organization_registration.jsp.
70541
C. myCDFIFund Accounts:
myCDFIFund is the CDFI Fund’s
primary means of communication with
Applicants. Applicants are responsible
for ensuring their myCDFIFund account
is updated at all times. All Applicants
must register as an organization and as
a user with myCDFIFund before the
application deadline. Applicants failing
to properly register and update their
myCDFIFund accounts may miss
important communication with the
CDFI Fund that could impact their
application. For more information on
myCDFIFund, please see the
‘‘Frequently Asked Questions’’ link
posted at https://www.cdfifund.gov/
myCDFI/Help/Help.asp.
D. Application Content Requirements:
The Application and related documents
can be found on the Grants.gov and the
CDFI Fund’s Web sites. The CDFI Fund
anticipates posting the Application and
related documents to the CDFI Fund’s
Web site on the same day that the NOFA
is released or shortly thereafter. Once an
application is submitted to Grants.gov,
the Applicant will not be allowed to
change any element of the application.
The CDFI Fund, however, may contact
the Applicant to clarify or confirm
application information.
E. Paperwork Reduction Act: 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 NACA Program
funding Application has been assigned
the following control number: 1559–
0025.
F. Application Deadlines
1. Please see the following table for
critical deadlines that are relevant to the
FY 2012 Funding Round:
TABLE 6—FY 2012 FUNDING ROUND APPLICATION CRITICAL DATES
Date due
Certification application ...............................................................
Certification Material Events Form ..............................................
Last day to contact Program staff ...............................................
Last day to contact Compliance staff ..........................................
NACA Program Application .........................................................
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Description
December 21, 2011 ....................................................................
December 21, 2011 ....................................................................
January 13, 2012 ........................................................................
January 13, 2012 ........................................................................
January 18, 2012 ........................................................................
2. Late Delivery: The CDFI Fund will
not accept an application, nor any
portion of an application, delivered after
the application deadline. The CDFI
Fund will not grant exceptions or
waivers. Any application that is deemed
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19:40 Nov 10, 2011
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ineligible or rejected will not be
returned to the Applicant.
G. Intergovernmental Review: Not
applicable.
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Time
midnight.
5 p.m.
5 p.m.
5 p.m.
11.59 p.m.
H. Funding Restrictions: For
allowable uses of FA proceeds, please
see the Regulations at 12 CFR 1805.301.
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V. Application Review Information
A. Format: Applicants must complete,
and the CDFI Fund will only accept, the
Application as provided in Grants.gov
and the CDFI Fund’s Web site. The FY
2012 Application is a fillable electronic
PDF form, with pre-set text limits and
font size restrictions. Applicants should
not submit information that has not
been specifically requested in this
NOFA or the Application. Applicants
should not submit documents such as
strategic plans or market studies unless
the CDFI Fund has specifically
requested such documents in the
Application.
TABLE 7—APPLICATION SCORING
CRITERIA—Continued
Total points ..............................
100
Technical Assistance (TA) Applicants
Technical Assistance Proposal ......
Target Market Needs ......................
Responsiveness to Target Market
Needs ..........................................
Delivery Capacity ............................
20
10
Total points ..............................
100
30
40
(b) Evaluating Prior Award
Performance: The CDFI Fund will
deduct points for any Applicant that is
1. Eligibility and Completeness
a prior awardee or allocatee of any CDFI
Review: The CDFI Fund will review
Fund program if the Applicant: (i) Is
each application to determine whether
noncompliant with any active award or
it is complete and the Applicant meets
the eligibility requirements described in award that terminated in the current
Section III of this NOFA. An incomplete calendar year by failing to meet
performance goals and measures,
application or one that does not meet
eligibility requirements will be rejected. reporting deadlines, or other
requirements set forth in the CDFI
2. Substantive Review: If the
Applicant has submitted a complete and Fund’s assistance, allocation, or award
eligible application, the CDFI Fund will agreement(s) during the Applicant’s two
complete fiscal years prior to this
conduct a substantive review in
NOFA’s application deadline; (ii) failed
accordance with the criteria and
to make timely loan payments to the
procedures described in the
CDFI Fund during the Applicant’s two
Regulations, this NOFA, and the
complete fiscal years prior to this
Application guidance. The CDFI Fund
NOFA’s application deadline (if
reserves the right to contact the
applicable); and (iii) did not perform on
Applicant by telephone, email, or mail
any prior assistance, allocation, or
for the sole purpose of clarifying or
award agreement, which is determined
confirming application information. If
during the application review process.
contacted, the Applicant must respond
within the CDFI Fund’s time parameters In addition, the CDFI Fund will deduct
or run the risk of their application being points if an FA Applicant had funds deobligated for FA awards issued in FY
rejected.
2009, 2010 or 2011 if: (i) The amount of
3. Application Scoring and Award
de-obligated funds is at least $200,000
Selection (FA and TA Applicants)
and (ii) the de-obligation occurred
within the 12 months prior to this
(a) Application Scoring: The CDFI
NOFA’s application deadline. Point
Fund will evaluate each application on
deductions for a de-obligation in this
the criteria categories and the scoring
funding round will not be counted
scale described in the Application. An
against future FA applications. The
Applicant must receive a minimum
score in each evaluation criteria in order CDFI Fund has the sole discretion to
to be considered for an award. The CDFI deduct points from prior Awardees/
Allocates if those Applicants have
Fund will score each part as indicated
proceedings instituted against them in,
in the following table:
by, or before any court, governmental,
agency, or administrative body and has
TABLE 7—APPLICATION SCORING
received a final determination within
CRITERIA
the last three years indicating the
Scoring Applicant has discriminated on the
Application parts
basis of race, color, national origin,
points
disability, age, marital status, receipt of
Financial Assistance (FA) Applicants
income from public assistance, religion,
or sex.
High Impact Narrative .....................
10
(c) Award Selection: The CDFI Fund
Target Market Needs ......................
10
will make its final award selections
Responsiveness to Target Market
Needs ..........................................
40 based on the Applicants’ scores, ranked
Delivery Capacity ............................
40 from highest to lowest, and the amount
of funds available. In the case of tied
B. Review and Selection Process
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Scoring
points
Application parts
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19:40 Nov 10, 2011
Jkt 226001
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scores, Applicants will be ranked
according to each Applicant’s Delivery
Capacity score. TA Applicants will be
grouped and ranked separately. In
addition, the CDFI Fund may consider
the institutional and geographic
diversity of Applicants when making its
funding decisions.
4. Insured 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 rescind the
award decision. The CDFI Fund also
reserves the right to require insured
CDFI 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
assessments of Insured Depository
Institutions and/or their Affiliates.
5. Award Notification: Each Applicant
will be informed of the CDFI Fund’s
award decision through a notification in
the Applicant’s myCDFIFund account.
This includes notification to Applicants
that have not been selected for an award
if the decision is based on reasons other
than completeness or eligibility.
Applicants that have not been selected
for an award will receive a debriefing in
their myCDFIFund account. The CDFI
Fund will provide this feedback in a
format and within a timeframe
dependent on available resources.
6. Application Rejection: The CDFI
Fund reserves the right to reject an
application if information (including
administrative errors) comes to the CDFI
Fund’s attention 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 Applicant’s part.
If the CDFI Fund determines any
portion of the application is incorrect in
a 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.
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If the changes materially affect the CDFI
Fund’s award decisions the CDFI Fund
will provide information about the
changes through the CDFI Fund’s Web
site. The CDFI Fund’s award decisions
are final and there is no right to appeal
the decisions.
VI. Award Administration Information
Assistance Agreement: Each
Applicant selected to receive an award
under this NOFA must enter into an
Assistance Agreement with the CDFI
Fund in order to receive disbursement
of the award funds. The Assistance
Agreement will set forth the award
terms and conditions, including but not
be limited to the award: (i) Amount; (ii)
type; (iii) uses; (iv) targeted market or
activities; (v) performance goals and
measures; and (vi) reporting
requirements. FA Assistance
Agreements will usually have three-year
performance periods; TA Assistance
Agreements will usually have two-year
performance periods. All FA and TA
awardees that are not Insured CDFIs
will be required to provide the CDFI
Fund with a Certificate of Good
Standing from the Secretary of State for
the Awardee’s state of incorporation.
This certificate can often be acquired
online on the secretary of state Web site
for the Awardee’s state of incorporation
and must generally be dated within 270
days of the date the Awardee executes
the Assistance Agreement. Due to
considerable backlogs in state
government offices, Applicants are
advised to submit requests for
Certificates of Good Standing at the time
that they submit their applications. If
prior to entering into an Assistance
Agreement with the CDFI Fund,
information (including administrative
error) comes to the CDFI Fund’s
attention 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 Awardee’s part, 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,
the CDFI Fund determines that the
Awardee or an Affiliate of the Awardee
is in default of any previously executed
agreement 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 or is
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19:40 Nov 10, 2011
Jkt 226001
otherwise identified by the Awardee as
an Affiliate. 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 CDFI Fund’s
deadlines.
1. Failure to Meet Reporting
Requirements: If an Awardee is a prior
Awardee/Allocatee under any CDFI
Fund program and is not current with
the reporting requirements set forth in
the previously executed agreement(s)
with the CDFI Fund, the CDFI Fund
reserves the right, in its sole discretion,
to delay entering into an Assistance
Agreement until the Awardee/Allocatee
is current with the reporting
requirements. 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/Allocatee is
unable to meet this requirement within
the timeframe the CDFI Fund sets, 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 under any CDFI Fund
program and if: (i) It has submitted
reports to the CDFI Fund that
demonstrate noncompliance with a
previous executed agreement with the
CDFI Fund; and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
agreement, the CDFI Fund reserves the
right, in its sole discretion, to delay
entering into an Assistance Agreement,
pending full resolution of the
noncompliance issue to the CDFI Fund’s
satisfaction. If the said prior Awardee/
Allocatee is unable to satisfactorily
resolve the compliance issues, 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 is a
prior Awardee/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/Allocatee has submitted a
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Sfmt 4703
70543
complete and timely report
demonstrating full compliance within
the CDFI Fund’s timeframe. If said prior
Awardee/Allocatee is unable to meet
this requirement and the CDFI Fund has
not specified in writing that the prior
Awardee/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: The CDFI
Fund reserves the right, in its sole
discretion, to delay entering into or not
to enter into an Assistance Agreement if:
(i) within the 12-month period prior to
entering into an Assistance Agreement
for this funding round, the CDFI Fund
has made a final determination that a
prior Awardee under any CDFI Fund
program whose award or allocation
agreement was terminated in default,
and (ii) the final reporting period end
date for the applicable terminated
agreement falls within the 12-month
period prior to this NOFA’s application
deadline.
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
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
Assistance Agreement and the award
made under this NOFA.
B. Reporting
1. Reporting requirements: At least on
an annual basis, the CDFI Fund will
collect information from each Awardee
including, but not limited to, an Annual
Report with the following components:
(i) Financial Reports, (ii) OMB A–133
audit; (iii) A–133 Narrative Report; (iv)
Institution Level Report; (v) Transaction
Level Report (for Awardees receiving
FA awards); (vi) Financial Status Report
SF–425 (for Awardees receiving TA
grants); (vii) Uses of Financial
Assistance (for Awardees receiving FA
awards); (viii) Uses of Technical
Assistance (for Awardees receiving TA
grants); (ix) Explanation of
Noncompliance (as applicable); and (x)
such other information as the CDFI
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Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices
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 is
actually 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 submitted
is 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 in the Assistance
Agreement and to assess the impact of
the NACA Program. All reports must be
electronically submitted to the CDFI
Fund via the Awardee’s myCDFIFund
account. 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
uploaded to the Awardee’s
myCDFIFund account. All other
components of the Annual Report may
be submitted electronically, as the CDFI
Fund directs. 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.
2. Accounting: The CDFI Fund will
require each FA and TA Awardee to
account for and track the use of its
award. This means that FA and TA
Awardees must track every dollar and
must 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 on the format and content of
the annual information to be provided,
outlining and describing how the funds
were used. All Awardees must provide
the CDFI Fund with an accurate and
completed Automated Clearinghouse
(ACH) form prior to award closing and
disbursement.
VII. Agency Contacts
A. The CDFI Fund will respond to
questions concerning this NOFA and
the funding Application between the
hours of 9 a.m. and 5 p.m. Eastern Time,
starting on the date that the NOFA is
published through three business days
prior to the application deadline. During
the three business days prior to the
application deadline, the CDFI Fund
will not respond to questions for
Applicants until after the 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 on its Web site responses to
questions of general applicability
regarding the NACA Program.
B. Applicants may contact the CDFI
Fund as follows:
TABLE 8—CONTACT INFORMATION
Telephone number
(not toll free)
Type of question
Email addresses
Fax number for all offices: (202) 622–7754
mstockstill on DSK4VPTVN1PROD with NOTICES
NACA Program ..............................................................
Certification, Compliance Monitoring and Evaluation ....
Information Technology Support ....................................
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
Applicants’ and Awardees’ contact
information in their myCDFIFund
accounts to communicate. It is
imperative; therefore, that Applicants,
Awardees, Subsidiaries, Affiliates, and
signatories maintain accurate contact
information in their accounts. This
includes information like contact
names, especially for the authorized
representative; email addresses; fax and
phone numbers; and office locations.
For more information about
myCDFIFund, as well as information on
the Community Investment Impact
System, please see the following Web
site: https://www.cdfifund.gov/ciis/
accessingciis.pdf.
VerDate Mar<15>2010
19:40 Nov 10, 2011
Jkt 226001
(202) 622–6355 .............................................................
(202) 622–6330 .............................................................
(202) 622–2455 .............................................................
VIII. Information Sessions and
Outreach
The CDFI Fund may conduct
webinars or host information sessions
for organizations that are considering
applying to, or are interested in 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. 4701, et seq.; 12 CFR
parts 1805 and 1815.
Dated: November 8, 2011.
Donna J. Gambrell,
Director, Community Development Financial
Institutions Fund.
[FR Doc. 2011–29305 Filed 11–10–11; 8:45 am]
BILLING CODE 4810–70–P
PO 00000
Frm 00138
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cdfihelp@cdfi.treas.gov.
ccme@cdfi.treas.gov.
IThelpdesk@cdfi.treas.gov.
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
OFAC Implementation of Certain
Sanctions Imposed on Seven Persons
by the Secretary of State Pursuant to
the Iran Sanctions Act of 1996, as
Amended
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is taking action to implement
certain of the sanctions imposed on
seven persons by the Secretary of State
pursuant to the Iran Sanctions Act of
1996 (Pub. L. 104–172) (50 U.S.C. 1701
note) (‘‘ISA’’), as amended by the
Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010 (Pub. L. 111–195) (‘‘CISADA’’).
DATES: OFAC’s action to implement the
sanctions on Associated Shipbroking,
Petrochemical Commercial Company
International, Royal Oyster Group,
SUMMARY:
E:\FR\FM\14NON1.SGM
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Agencies
[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70535-70544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29305]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
Notice of Funds Availability (NOFA) Inviting Applications for the
Community Development Financial Institutions the Native American CDFI
Assistance (NACA) Program FY 2012 Funding Round (the FY 2012 Funding
Round)
Announcement Type: Announcement of funding opportunity.
Catalog of Federal Domestic Assistance (CFDA) Number: 21.020.
Dates: Applications for Financial Assistance (FA) awards or
Technical Assistance (TA) grants through the FY 2012 Funding Round of
the NACA Program must be received by 11:59 p.m., Eastern Time (ET),
January 18, 2012.
Executive Summary: Subject to funding availability, this NOFA is
issued in connection with the FY 2012 Funding Round of the NACA
Program, administered by the Community Development Financial
Institutions (CDFI) Fund.
I. Funding Opportunity Description
A. Award Requirements: Through the NACA program, the CDFI Fund
provides FA awards and TA grants. FA awards are made to certified
Native CDFIs and certifiable Native CDFIs that complete and submit a
NACA Application (Application) and meet the requirements set forth in
this NOFA, subject to funding availability. In FY 2012, subject to the
availability of funding, the CDFI Fund will also make FA awards under
the Healthy Food Financing Initiative (HFFI-FA) to certified CDFIs that
meet the requirements set forth in this NOFA. TA grants are made to
certified Native CDFIs, certifiable Native CDFIs, emerging Native
CDFIs, and Sponsoring Entities that complete and submit the Application
and meet the requirements set forth in this NOFA.
B. Program Regulations: The regulations governing the NACA program
are found at 12 CFR Parts 1805 and 1815 (the Regulations) and provide
guidance on evaluation criteria and other requirements. Details
regarding the application content requirements are found in the
Application and related materials. Each capitalized term in this NOFA
is more fully defined in this NOFA, the Regulations, or the
Application, and the CDFI Fund encourages Applicants to review the
Regulations in addition to this NOFA.
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 reallocate 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. In
addition, the CDFI Fund invites applications that propose innovative
Financial Products and Financial Services to address the current
difficult economic conditions of our nation.
D. Coordination with Broader Community Development Strategies:
Consistent with Federal efforts to promote community revitalization, it
is important for communities to develop a comprehensive neighborhood
revitalization strategy that addresses neighborhood assets that are
essential to transforming distressed neighborhoods into healthy and
vibrant communities of opportunity. Furthermore, only through the
development of comprehensive neighborhood revitalization plans that
embrace the coordinated use of programs and resources in order to
effectively address the interrelated
[[Page 70536]]
needs within a community will the broader vision of neighborhood
transformation occur. Although not a requirement for participating in
the NACA Program, the Federal government believes that a CDFI will be
most successful when it is part of, and contributing to, an area's
broader neighborhood revitalization strategy.
II. Award Information
A. Funding Availability
1. FY 2012 Funding Round: Subject to funding availability, the CDFI
Fund expects to award, through this NOFA, approximately $12 million in
NACA awards for FA and TA Applicants and In addition, through this NOFA
and the CDFI Program NOFA, the CDFI Fund expects to award approximately
$25 million total in FA awards to HFFI Applicants under the CDFI and
NACA Programs. The CDFI Fund reserves the right to award more or less
than the amounts cited above in the FY 2012 Funding Round, based upon
available funding and other appropriate factors.
2. Availability of Funds for the FY 2012 Funding Round: Funds for
the FY 2012 Funding Round have not yet been appropriated. If funds are
not appropriated for the NACA program, there will not be a NACA FY 2012
Funding Round. If funds are appropriated, the amount of such funds may
be greater or less than the amounts set forth above.
B. Types of Awards: An Applicant may submit an application for a TA
award or an FA award, which includes NACA Program FA and HFFI-FA
1. FA Awards
FA awards provide flexible financial support to CDFIs so they may
achieve the strategies outlined in their Comprehensive Business Plans.
FA awards can be used in the following six categories: (i) Financial
Products; (ii) Financial Services; (iii) Development Services; (iv)
Loan Loss Reserves; (v) Capital Reserves; and/or (vi) Operations. For
purposes of this NOFA, the six categories mean:
Table 1--Six Categories of FA
------------------------------------------------------------------------
------------------------------------------------------------------------
(i) Financial Products............ Loans, grants, equity investments,
and similar financing activities,
including the purchase of loans
that the Applicant originates 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).
(ii) Financial Services........... Checking and savings accounts,
certified checks, automated teller
machines services, deposit taking,
remittances, safe deposit box
services, and other similar
services (including administrative
funds used to carry out Financial
Services).
(iii) Development Services........ Activities that promote community
development and help the Applicant
provide its Financial Products and
Financial Services, including
financial or credit counseling,
housing and homeownership
counseling (pre- and post-), self-
employment technical assistance,
entrepreneurship training, and
financial management skill-building
(including administrative funds
used to carry out Development
Services).
(iv) Loan Loss Reserves........... Funds 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 the Target
Market, or for related purposes
that the CDFI Fund deems
appropriate (including
administrative funds used to carry
out Loan Loss Reserves).
(v) Capital Reserves.............. Funds set aside as 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).
(vi) Operations................... Funds used to carry out the
Comprehensive Business Plan, and/or
for related purposes the CDFI Fund
deems appropriate, that are not
used to carry out or administer any
of the foregoing eligible FA uses.
------------------------------------------------------------------------
The CDFI Fund may provide FA awards in the form of equity
investments (including secondary capital in the case of certain Insured
Credit Unions), grants, loans, deposits, credit union shares, or any
combination thereof. The CDFI Fund reserves the right, in its sole
discretion, to provide an 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. 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,
transferred, or co-awarded to, third-party entities, whether
Affiliates, Subsidiaries, or others. This includes certified CDFI bank
holding companies that intend to transfer FA awards to their banks.
Such transfers are not permitted. The entity that is to carry out the
responsibilities of the award and deploy the award funds must be the
entity that applies for the award.
2. Healthy Food Financing Initiative (HFFI) and HFFI-FA awards:
(i) Overview. The United States Department of Agriculture (USDA),
Health and Human Services (HHS), and the United States Department of
Treasury are working together to support projects that increase access
to healthy, affordable food in low-income neighborhoods that lack
access to healthy food options. As part of a coordinated effort called
the Healthy Food Financing Initiative (HFFI), these three departments
will aim to expand the availability of nutritious food through the
establishment of healthy food retail outlets, including developing and
equipping grocery stores, small retailers, corner stores, and farmers
markets to help revitalize neighborhoods that currently lack these
options.
In addition to the CDFI and NACA Programs, the HFFI includes: (i)
The New Markets Tax Credit (NMTC) Program, also administered by the
CDFI Fund; (ii) the Community and Economic Development (CED) Program,
which HHS administers; and (iii) several programs that USDA administers
including, among others, the Business and Industry (B&I) Program and
the Intermediary Relending Program (IRP). Each of these programs
provides a unique mechanism to support initiatives aimed at increasing
access to healthy food. When these programs are combined, public
dollars can act far more effectively as a market catalyst by providing
the full range of financing to local actors--a key step to addressing
the problem of limited access to affordable and nutritious food.
Instead of approaching this problem through separate agency and program
silos, the HFFI will use a collaborative approach
[[Page 70537]]
involving the resources of all three agencies.
For more information about this initiative, please visit the HFFI
Web site at www.usda.gov/fooddeserts.
(ii) HFFI-FA Awards. In FY 2012, subject to appropriations, the
CDFI Fund may award up to $25 million of HFFI-FA awards through the
CDFI and NACA Programs. The CDFI Fund expects to make HFFI-FA awards of
up to $3.5 million to certified CDFIs that submit and complete the
CDFI/NACA Program Application and the HFFI-FA Supplemental
Questionnaire. The HFFI-FA Supplemental Questionnaire will only be sent
to those applicants indicating in their FY 2012 application that they
intend to apply for an HFFI-FA award. The CDFI Fund reserves the right
to make awards less than or greater than $3.5 million based upon the
questionnaires received and the funds available. The FY 2012 HFFI-FA
supplemental questionnaire will not likely be finalized and made
available to prospective applicants until after the FY 2012 CDFI
Program Application deadline. However, a copy of the FY 2011 HFFI-FA
supplemental questionnaire is available for review on the CDFI Fund's
Web site at www.cdfifund.gov.
HFFI-FA awards will be provided as a supplement to FA awards;
therefore only those applicants that have been selected to receive an
FA award under the FY 2012 CDFI or NACA Funding Round will be eligible
to receive an HFFI-FA award. Such applicants will be rated and scored
separately based upon the HFFI-FA supplemental questionnaire responses.
HFFI-FA Applicants will be rated, among other elements, on the extent
of community need, the quality of their HFFI-FA strategy, and their
capacity to execute that strategy. The CDFI Fund will collaborate with
the other Federal agencies involved in the HFFI prior to making final
award selections. The CDFI Fund may, at its discretion, perform
additional due diligence on Applicants for this initiative. HFFI-FA
awards must be used to support the Applicant's activities; the awards
cannot be used to support the activities of, or otherwise be passed
through, transferred, or co-awarded to, third-party entities, whether
Affiliates, Subsidiaries, or others. This includes the transfer of an
award from a Bank Holding Company to a Bank subsidiary.
3. TA Grants
(a) The CDFI Fund provides NACA TA as a grant and reserves the
right, in its sole discretion, to provide a grant for uses and amounts
other than that which the Applicant requests; however, the grant amount
will not exceed the Applicant's request as stated in its application
and the applicable budget chart.
(b) For purposes of this NOFA, TA eligible uses are: (i) Personnel/
salary; (ii) personnel/fringe; (iii) professional services; (iv)
travel; (v) training; (vi) equipment; (vii) materials/supplies; and
(viii) other costs. (Please see the Application for details on TA
uses.) TA grants must be used to support the Applicant's capacity
building activities. TA grants cannot be used to support the activities
of, or otherwise be passed through, transferred, or co-awarded to,
third-party entities, whether Affiliates, Subsidiaries, or others. This
includes the transfer of an award from a Bank Holding Company to a Bank
subsidiary.
C. Assistance Agreement: Each Awardee under this NOFA must sign an
Assistance Agreement before the CDFI Fund will disburse an award or
grant. The Assistance Agreement contains the Award's terms and
conditions. For further information, see Section VI.A of this NOFA.
III. Eligibility Information
A. Eligible Applicants: The Regulations specify the eligibility
requirements each Applicant must meet in order to be eligible to apply
for assistance under this NOFA. NACA Applicants may apply as either an
FA applicant or a TA applicant, but not both. If an Applicant applies
for both types of awards, it is in the sole discretion of the CDFI Fund
to disqualify the Applicant from competing for either an FA award or a
TA grant or to decide to give the Applicant either an FA award or a TA
grant.
1. FA Applicant Categories: All FA Applicants must meet the
criteria listed in Table 2.
Table 2--NACA Applicant Criteria
------------------------------------------------------------------------
Applicant type Criteria of applicant Maximum award
------------------------------------------------------------------------
FA..................... A Certified/Certifiable Up to and including
Native CDFI that meets $750,000 in FA funds
all other eligibility and up to and
requirements described including $3.5
in this NOFA. million in FA funds
under the HFFI-FA.
TA..................... 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. 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 CDFIs, and Sponsoring Entities under
the NACA Program, defined as follows:
Table 3--Native CDFI Certification Requirements and Definitions
------------------------------------------------------------------------
Requirement/definition Description
------------------------------------------------------------------------
(a) Certified Native CDFI......... An entity the CDFI Fund has
officially notified that it meets
all CDFI certification requirements
as of this NOFA's publication date.
CDFIs that have received official
notification from the CDFI Fund
that their certification has
expired or been terminated are not
eligible to apply as Certified. If
the CDFI Fund has provided
certified CDFIs with written
notification that their
certifications had been extended,
the CDFI Fund will consider the
extended certification dates to
determine whether those certified
CDFIs meet this eligibility
requirement.
[[Page 70538]]
(b) Certifiable Native CDFI....... An entity that has submitted an
application to the CDFI Fund
demonstrating it meets the CDFI
certification requirements but the
CDFI Fund has not yet officially
certified the entity. If the CDFI
Fund is unable to certify an
Applicant and the Applicant is
selected for an FA award, the CDFI
Fund may, in its sole discretion,
terminate the award commitment. The
CDFI Fund will not enter into an
Assistance Agreement or disburse FA
award funds unless and until an
Applicant is Certified. The CDFI
Certification application can be
found on the CDFI Fund's website at
www.cdfifund.gov. Certifiable
Applicants must have submitted a
certification application as of the
date indicated in Section IV.F of
this NOFA to be eligible for FA in
the FY 2012 round.
(c) Emerging Native CDFI.......... An entity that demonstrates to the
CDFI Fund it has an acceptable plan
to become Certified by December 31,
2013, or another date selected by
the CDFI Fund. Emerging CDFIs may
only apply for TA grants; they are
not eligible to apply for FA
awards. Each Emerging CDFI selected
to receive a TA grant will be
required, pursuant to its
Assistance Agreement with the CDFI
Fund, to become certified as a CDFI
by a specified date.
(d) Sponsoring Entities........... 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. Sponsoring entities that
are selected to receive a TA grant
will be required, pursuant to their
Assistance Agreements 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.
(e) Material Events Form.......... Certified applicants must submit a
certification of Material Events
form if they have experienced a
material event. A ``material
event'' is an occurrence that
affects an organization's strategic
direction, mission, or business
operation and, thereby, its status
as a Certified CDFI and/or its
compliance with the terms and
conditions of an Assistance
Agreement. Please see Section IV in
this NOFA for deadlines to submit
material events forms. The material
events form can be found on the
CDFI Fund's website at
www.cdfifund.gov.
(f) Other Targeted Populations as Other Targeted Populations are
Target Markets. defined as identifiable groups of
individuals in the Applicant's
service area for which there exists
strong evidence that they lack
access to loans, equity
investments, and/or Financial
Services. The CDFI Fund has
determined there is strong evidence
that the following groups of
individuals lack access to such
products and services on a national
level or within their recognized
ancestral areas: (i) Native
Americans or American Indians,
including Alaska Natives living in
Alaska; (ii) Blacks or African
Americans; (iii) Hispanics or
Latinos; (iv) Native Hawaiians
living in Hawaii; and (v) other
Pacific Islanders living in other
Pacific Islands.
An Applicant designating any of the
above-cited Other Targeted
Populations is not required to
provide additional narrative
explaining their lack of access to
loans, equity investments, or
Financial Services. To define these
populations for the purposes of
this NOFA, the CDFI Fund is using
the following definitions, set
forth in the Office of Management
and Budget (OMB) Notice, Revisions
to the Standards for the
Classification of Federal Data on
Race and Ethnicity (October 30,
1997), as amended and supplemented:
(a) American Indian, Native
American, or Alaska Native: a
person having origins in any of the
original peoples of North and South
America (including Central America)
and who maintains Tribal
affiliation or community
attachment;
(b) Black or African American: a
person having origins in any of the
black racial groups of Africa
(terms such as Haitian or Negro can
be used in addition to Black or
African American);
(c) Hispanic or Latino: a person of
Cuban, Mexican, Puerto Rican, South
or Central American, or other
Spanish culture or origin,
regardless of race (the term
Spanish origin can be used in
addition to Hispanic or Latino);
(d) Native Hawaiian: a person having
origins in any of the original
peoples of Hawaii; and
(e) Other Pacific Islander: a person
having origins in any of the
original peoples of Guam, Samoa or
other Pacific Islands.
------------------------------------------------------------------------
4. Limitation on Awards: An Applicant may receive only one award
under this FY 2012 NOFA. An Applicant may receive only one award
through the FY 2012 CDFI Program Funding Round or the FY 2012 NACA
Program Funding Round.
B. Prior Awardees: 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 any entity otherwise identified as an
Affiliate by the Applicant in its funding application and/or its
myCDFIFund account.
Prior awardees should note the following:
$5 Million Funding Cap: Congress waived the $5 million funding cap
(i.e., the prohibition that an applicant and its Affiliates cannot
collectively receive more than $5 million in NACA Program awards over a
three year period) for each of the FY 2009, FY 2010 and the FY 2011
funding rounds, and it is possible that the $5 million funding cap may
be waived for the FY 2012 Funding Round. However, as of this NOFA's
publication date such a waiver has not been enacted into law.
Accordingly, the CDFI Fund is currently prohibited from obligating more
than 1. $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 calculated for the cap
extends back three years from the Effective Date of the Assistance
Agreement between the
[[Page 70539]]
Awardee and the CDFI Fund. However, for purposes of this NOFA, because
the funding cap was waived for 2009, 2010, and 2011, the CDFI Fund will
only include assistance in the cap that will be provided to an
Applicant (or its Subsidiaries or Affiliates) in the FY 2012 Funding
Round. This means if a waiver of the funding cap is not enacted,
Applicants and their Subsidiaries and Affiliates will be limited to a
maximum award of $5 million in FA, HFFI-FA, and TA funds in FY 2012.
The CDFI Fund will assess the $5 million funding cap applicability
during the award selection phase if a Congressional waiver has not been
enacted by that time.
Please see the following table for other Prior Awardee Requirements
and Considerations:
Table 4--Prior Awardee Requirements and Considerations
------------------------------------------------------------------------
Prior awardee situation Requirements and considerations
------------------------------------------------------------------------
Failure to Meet Reporting The CDFI Fund will not consider an
Requirements. application if the Applicant or its
Affiliate is a prior Awardee/
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 this NOFA's application
deadline. The CDFI Fund only
acknowledges receipt of reports
that are complete; incomplete
reports or reports that are
deficient of required elements will
not be considered as having been
received.
Pending Resolution of It is in the CDFI Fund's sole
Noncompliance. discretion to consider the
Applicant's application pending
until full resolution of a
noncompliance issue if the
Applicant, is a prior Awardee/
Allocatee under any CDFI Fund
program and if: (i) The entity has
submitted reports to the CDFI Fund
indicating noncompliance with a
previously executed agreement with
the CDFI Fund, and (ii) the CDFI
Fund has yet to make a final
determination as to whether the
entity is in default of its
previously executed agreement.
Default Status The CDFI Fund will not consider an
application if an Applicant is a
prior Awardee/Allocatee under any
CDFI Fund program and is in default
of a previously executed agreement
with the CDFI Fund at the time that
the application is due under this
NOFA. Such entities will be
ineligible to apply for an award
under this NOFA as long as the
Applicant or its Affiliate's prior
award or allocation remains in
default status or such other time
period as the CDFI Fund has
specified in writing.
Termination in Default............ The CDFI Fund will not consider an
Applicant's application that is a
prior Awardee/Allocatee under any
CDFI Fund program if the CDFI Fund
made a final determination that the
Awardee/Allocatee's prior award was
terminated in default: (i) Within
the 12-month period prior to this
NOFA's application deadline, and
(ii) the final reporting period end
date for the applicable terminated
award falls within the 12-month
period prior to this NOFA's
application deadline.
Undisbursed Award Funds........... The CDFI Fund encourages Applicants
with undisbursed funds to request
the undisbursed funds from the CDFI
Fund at least 10 business days
prior to this NOFA's application
deadline.
The CDFI Fund will not consider an
Applicant's application if the
Applicant Awardee under any CDFI
Fund program and has undisbursed
award funds (as defined below) as
of this NOFA's application
deadline. The CDFI Fund will
include the combined undisbursed
prior awards, as of this NOFAs
application deadline, of the
Applicant and its 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 the CDFI Fund
determines.
BEA Program Undisbursed Awards For the BEA Program, undisbursed
Calculations. award funds will be included in the
calculation of undisbursed awards
for the Applicant and any three to
five calendar years prior to the
end of the calendar year of this
NOFA's application deadline. For
purposes of this NOFA, therefore,
undisbursed awards made in FYs
2006, 2007, and 2008 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.
NACA Program Undisbursed Awards The NACA Program undisbursed funds
Calculations. will be calculated by adding all
undisbursed award amounts made to
the Applicant two to five calendar
years prior to the end of the
calendar year of this NOFA.
Therefore, undisbursed NACA awards
made in FYs 2006, 2007, 2008, and
2009 will be included in the
undisbursed calculation as of this
NOFA's application deadline.
Undisbursed Award Calculations.... Undisbursed awards cannot 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 CDFI Fund
program.) Please refer to an
example of this calculation on the
CDFI Fund's website, found in the
Q&A document for the FY 2012
Funding Round. The ``undisbursed
award funds'' calculation does not
include: (i) Tax credit allocation
authority made available through
the NMTC Program; (ii) award funds
that the Awardee has requested from
the CDFI Fund by submitting a full
and complete disbursement request
before this NOFA's application
deadline; (iii) award funds for an
award that the CDFI Fund has
terminated or de-obligated; or (iv)
award funds for an award that does
not have a fully executed
assistance or award agreement.
------------------------------------------------------------------------
2. 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 necessary actions are underway for the disbursement
or de-obligation of any prior outstanding award balance(s) as
referenced above. An Applicant that is unsure about the disbursement
status of any prior award should contact the CDFI Fund by sending an
email to CDFI.disburseinquiries@cdfi.treas.gov.
[[Page 70540]]
C. Matching Funds Requirements
1. Matching Funds Requirements in General: FA Applicants must
obtain non-Federal matching funds, on the basis of not less than one
dollar for each dollar of FA funds the CDFI Fund provides. (This
requirement pertains to FA Applicants only; matching funds are not
required for TA Applicants). Matching funds must be comparable in form
and value to the FA award. This means that if an Applicant is
requesting an FA award, the Applicant must show it has obtained
matching funds through commitment(s) from non-Federal sources that are
equal to the amount requested from the CDFI Fund. Applicants cannot use
matching funds from a prior FA award under the NACA Program or under
another federal grant or award program to satisfy the matching funds
requirement of this NOFA. If an Applicant seeks to use matching funds
from an organization that was a prior Awardee under the NACA, the CDFI
Fund will deem such funds as federal funds, unless the funding entity
establishes and the CDFI Fund agrees, that such funds do not consist,
in whole or in part, of NACA Program funds or other federal 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. The CDFI Fund will not consider any FA Applicant for an award
that has no matching funds in-hand or firmly committed as of this
NOFA's application deadline. Specifically, FA Applicants must meet the
following matching funds requirements:
(a) Certified and Certifiable Native CDFIs: A Certified or
Certifiable Native CDFI Applicant must demonstrate that it has eligible
matching funds equal to no less than 25 percent of the FA amount
requested in-hand or firmly committed, on or after January 1, 2010, and
on or before the application deadline. The CDFI Fund reserves the right
to rescind all or a portion of an 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, 2013 (with required documentation of such receipt received by
the CDFI Fund not later than March 31, 2013). The CDFI Fund may 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 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, 2013.
(b) HFFI-FA Applicants: It is possible that the matching funds
requirements for HFFI-FA awards may be waived for the FY 2012 Funding
Round. However, as of this NOFA's publication such a waiver has not
been enacted. An Applicant requesting an HFFI-FA award that does not
include matching funds documentation in its application will be deemed
ineligible for funding under the FY 2012 Funding Round if a matching
funds waiver is not enacted. An Applicant requesting an HFFI-FA award
that would not satisfy the matching funds requirements but is otherwise
eligible under this NOFA may wish to submit an application in the event
a matching funds waiver is enacted.
Accordingly, subject to the immediately preceding paragraph: A
HFFI-FA Applicant must demonstrate that it has eligible matching funds
equal to no less than 25 percent of the FA amount requested in-hand or
firmly committed, on or after January 1, 2010, and on or before the
deadline for the submitting the HFFI-FA supplemental questionnaire. The
CDFI Fund reserves the right to rescind all or a portion of an 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, 2013 (with required
documentation of such receipt received by the CDFI Fund not later than
March 31, 2013). The CDFI Fund may 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 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, 2013.
3. Matching Funds Terms Defined; Required Documentation
Table 5--Matching Funds Definitions
------------------------------------------------------------------------
Type of Matching Funds Definition
------------------------------------------------------------------------
(a) Matching funds ``in-hand''.... The Applicant has actually received
disbursement of the matching funds
and provides to the CDFI Fund
acceptable written documentation,
showing the source, form, and
amount of the matching funds (i.e.,
grant, loan, deposit, and equity
investment). Applicants must
provide copies of the following
documentation depending on the type
of award being requested: (i)
Loans--the loan agreement and
promissory note; (ii) grant--the
grant letter or agreement for all
grants of $50,000 or more; (iii)
equity investment--the stock
certificate and any related
shareholder agreement. The
Applicant must also provide
acceptable documentation that
demonstrates receipt of the
matching funds, such as a copy of a
check or a wire transfer statement.
(b) Matching Funds ``firmly The Applicant has entered into or
committed''. received a legally binding
commitment from the matching funds
source showing the funds will be
disbursed to the Applicant. The
Applicant must also provide
acceptable written documentation
showing the source, form, and
amount of the firm commitment (and,
in the case of a loan, the terms
thereof), as well as the
anticipated disbursement date of
the committed funds.
------------------------------------------------------------------------
4. The CDFI Fund may contact the matching funds source to discuss
the matching funds and the documentation that the Applicant has
provided. 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. In such instances: (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 will not increase
[[Page 70541]]
the total amount of FA the Applicant requested.
5. Special Rule for Insured Credit Unions: The Regulations allow an
Insured Credit Union to use retained earnings to serve as matching
funds for an FA award 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 equal to the amount of retained earnings committed as
matching funds. This increase must occur 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 in the relevant Financial Statements or NCUA Call Report
that it has increased shares or loans by at least 25 percent of the
requested FA award amount between December 31, 2010, and December 31,
2011.
IV. Application and Submission Information
A. Application Submission: Under this NOFA, all Applicants must
submit their applications electronically through Grants.gov. The CDFI
Fund will not accept applications through myCDFIFund accounts nor will
applications be accepted via email, mail, facsimile, or other forms of
communication, except in circumstances approved by the CDFI Fund
beforehand.
B. Grants.gov: In compliance with Public Law 106-107 and Section
5(a) of the Federal Financial Assistance Management Improvement Act,
the CDFI Fund is required to accept applications submitted through the
Grants.gov electronic system. The CDFI Fund strongly recommends
Applicants start the registration process as soon as possible and visit
www.grants.gov immediately. Applicants that have used Grants.gov in the
past must verify that their registration is current and active. New
applicants must properly register, which may take several weeks to
complete. Pursuant to OMB guidance (68 Federal Register 38402), each
Applicant must provide, as part of its application submission, a Dun
and Bradstreet Data Universal Numbering System (DUNS) number. In
addition, each application must include a valid and current Employer
Identification Number (EIN). An electronic application that does not
include either a DUNS or an EIN is incomplete and may not be
transmitted to the CDFI Fund from Grants.gov. As a result, Applicants
without a DUNS or EIN should allow sufficient time for the IRS and/or
Dun and Bradstreet to respond to inquiries and/or requests for
identification numbers.
The CDFI Fund will not consider Applicants that fail to properly
register in Grants.gov or to confirm they are properly registered and
as a result, are unable to submit their applications before the
deadline. Applicants are reminded that the CDFI Fund does not maintain
the Grants.gov registration or submittal process so Applicants must
contact Grants.gov directly for issues related to that aspect of the
application submission process. Please see the following link for
information on getting started on Grants.gov https://grants.gov/applicants/organization_registration.jsp.
C. myCDFIFund Accounts: myCDFIFund is the CDFI Fund's primary means
of communication with Applicants. Applicants are responsible for
ensuring their myCDFIFund account is updated at all times. All
Applicants must register as an organization and as a user with
myCDFIFund before the application deadline. Applicants failing to
properly register and update their myCDFIFund accounts may miss
important communication with the CDFI Fund that could impact their
application. For more information on myCDFIFund, please see the
``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
D. Application Content Requirements: The Application and related
documents can be found on the Grants.gov and the CDFI Fund's Web sites.
The CDFI Fund anticipates posting the Application and related documents
to the CDFI Fund's Web site on the same day that the NOFA is released
or shortly thereafter. Once an application is submitted to Grants.gov,
the Applicant will not be allowed to change any element of the
application. The CDFI Fund, however, may contact the Applicant to
clarify or confirm application information.
E. Paperwork Reduction Act: 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 NACA Program
funding Application has been assigned the following control number:
1559-0025.
F. Application Deadlines
1. Please see the following table for critical deadlines that are
relevant to the FY 2012 Funding Round:
Table 6--FY 2012 Funding Round Application Critical Dates
------------------------------------------------------------------------
Description Date due Time
------------------------------------------------------------------------
Certification application..... December 21, 2011.... midnight.
Certification Material Events December 21, 2011.... 5 p.m.
Form.
Last day to contact Program January 13, 2012..... 5 p.m.
staff.
Last day to contact Compliance January 13, 2012..... 5 p.m.
staff.
NACA Program Application...... January 18, 2012..... 11.59 p.m.
------------------------------------------------------------------------
2. Late Delivery: The CDFI Fund will not accept an application, nor
any portion of an application, delivered after the application
deadline. The CDFI Fund will not grant exceptions or waivers. Any
application that is deemed ineligible or rejected 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.
[[Page 70542]]
V. Application Review Information
A. Format: Applicants must complete, and the CDFI Fund will only
accept, the Application as provided in Grants.gov and the CDFI Fund's
Web site. The FY 2012 Application is a fillable electronic PDF form,
with pre-set text limits and font size restrictions. Applicants should
not submit information that has not been specifically requested in this
NOFA or the Application. Applicants should not submit documents such as
strategic plans or market studies unless the CDFI Fund has specifically
requested such documents in the Application.
B. 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 described in Section III of this
NOFA. An incomplete application or one that does not meet eligibility
requirements will be rejected.
2. Substantive Review: If the Applicant has submitted a complete
and eligible application, the CDFI Fund will conduct a substantive
review in accordance with the criteria and procedures described in the
Regulations, this NOFA, and the Application guidance. The CDFI Fund
reserves the right to contact the Applicant by telephone, email, or
mail for the sole purpose of clarifying or confirming application
information. If contacted, the Applicant must respond within the CDFI
Fund's time parameters or run the risk of their application being
rejected.
3. Application Scoring and Award Selection (FA and TA Applicants)
(a) Application Scoring: The CDFI Fund will evaluate each
application on the criteria categories and the scoring scale described
in the Application. An Applicant must receive a minimum score in each
evaluation criteria in order to be considered for an award. The CDFI
Fund will score each part as indicated in the following table:
Table 7--Application Scoring Criteria
------------------------------------------------------------------------
Scoring
Application parts points
------------------------------------------------------------------------
Financial Assistance (FA) Applicants
------------------------------------------------------------------------
High Impact Narrative......................................... 10
Target Market Needs........................................... 10
Responsiveness to Target Market Needs......................... 40
Delivery Capacity............................................. 40
------------------------------------------------------------------------
Total points.............................................. 100
------------------------------------------------------------------------
Technical Assistance (TA) Applicants
------------------------------------------------------------------------
Technical Assistance Proposal................................. 20
Target Market Needs........................................... 10
Responsiveness to Target Market Needs......................... 30
Delivery Capacity............................................. 40
---------
Total points.............................................. 100
------------------------------------------------------------------------
(b) Evaluating Prior Award Performance: The CDFI Fund will deduct
points for any Applicant that is a prior awardee or allocatee of any
CDFI Fund program if the Applicant: (i) Is noncompliant with any active
award or award that terminated in the current calendar year by failing
to meet performance goals and measures, reporting deadlines, or other
requirements set forth in the CDFI Fund's assistance, allocation, or
award agreement(s) during the Applicant's two complete fiscal years
prior to this NOFA's application deadline; (ii) failed to make timely
loan payments to the CDFI Fund during the Applicant's two complete
fiscal years prior to this NOFA's application deadline (if applicable);
and (iii) did not perform on any prior assistance, allocation, or award
agreement, which is determined during the application review process.
In addition, the CDFI Fund will deduct points if an FA Applicant had
funds de-obligated for FA awards issued in FY 2009, 2010 or 2011 if:
(i) The amount of de-obligated funds is at least $200,000 and (ii) the
de-obligation occurred within the 12 months prior to this NOFA's
application deadline. Point deductions for a de-obligation in this
funding round will not be counted against future FA applications. The
CDFI Fund has the sole discretion to deduct points from prior Awardees/
Allocates if those Applicants have proceedings instituted against them
in, by, or before any court, governmental, agency, or administrative
body and has received a final determination within the last three years
indicating 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) Award Selection: The CDFI Fund will make its final award
selections based on the Applicants' scores, ranked from highest to
lowest, and the amount of funds available. In the case of tied scores,
Applicants will be ranked according to each Applicant's Delivery
Capacity score. TA Applicants will be grouped and ranked separately. In
addition, the CDFI Fund may consider the institutional and geographic
diversity of Applicants when making its funding decisions.
4. Insured 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 rescind the award decision. The CDFI Fund also reserves the right to
require insured CDFI 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
assessments of Insured Depository Institutions and/or their Affiliates.
5. Award Notification: Each Applicant will be informed of the CDFI
Fund's award decision through a notification in the Applicant's
myCDFIFund account. This includes notification to Applicants that have
not been selected for an award if the decision is based on reasons
other than completeness or eligibility. Applicants that have not been
selected for an award will receive a debriefing in their myCDFIFund
account. The CDFI Fund will provide this feedback in a format and
within a timeframe dependent on available resources.
6. Application Rejection: The CDFI Fund reserves the right to
reject an application if information (including administrative errors)
comes to the CDFI Fund's attention that either adversely affects an
Applicant's eligibility for an award