Community Development Financial Institutions Fund, 37742-37749 [2012-15282]
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Notices
Council will also hear from experts on
financial capability research.
Melissa Koide,
Deputy Assistant Secretary of Financial
Education, Financial Access, and Consumer
Protection, U.S. Department of the Treasury.
[FR Doc. 2012–15312 Filed 6–21–12; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
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Funding Opportunity Title: Notice of
Funds Availability (NOFA) inviting
Applications for the FY 2012 Funding
Round of the Bank Enterprise Award
(BEA) Program.
Announcement Type: Announcement
of funding opportunity.
Catalog of Federal Domestic
Assistance (CFDA) Number: 21.021.
DATES: Applications for the FY 2012
funding round of the BEA Program must
be received by July 27, 2012.
Applications must meet all eligibility
and other requirements and deadlines,
as applicable, set forth in this NOFA.
Applications received after July 27,
2012 will be rejected.
Executive Summary: This NOFA is
issued in connection with the FY 2012
funding round of the BEA Program. The
BEA Program is administered by the
Community Development Financial
Institutions (CDFI) Fund, a wholly
owned government corporation within
the Department of the Treasury. The
BEA Program encourages Insured
Depository Institutions to increase their
levels of loans, investments, services,
and technical assistance within
Distressed Communities, and financial
assistance to CDFIs through grants,
stock purchases, loans, deposits, and
other forms of financial and technical
assistance, during a specified period.
I. Funding Opportunity Description
A. Baseline Period and Assessment
Period dates: A BEA Program Award is
based on an Applicant’s increases in
Qualified Activities from the Baseline
Period to the Assessment Period. For the
FY 2012 funding round, the Baseline
Period is calendar year 2010 (January 1,
2010 through December 31, 2010), and
the Assessment Period is calendar year
2011 (January 1, 2011 through December
31, 2011). If Qualified Activities in a
specific category results in a decrease in
activity from the Baseline Period to the
Assessment Period, there is no need to
report the activity.
B. Program regulations: The
regulations governing the BEA Program
can be found at 12 CFR part 1806 (the
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Interim Rule) and provide guidance on
evaluation criteria and other
requirements of the BEA Program. The
CDFI Fund encourages Applicants to
review the Interim Rule. Detailed BEA
Program requirements are found in the
Application related to this NOFA. Each
capitalized term in this NOFA is more
fully defined either in the Interim Rule
or the Application.
C. Qualified Activities: Qualified
Activities are defined in the Interim
Rule to include CDFI Related Activities,
Distressed Community Financing
Activities, and Service Activities (12
CFR 1806.103). CDFI Related Activities
(12 CFR 1806.103(q)) include Equity
Investments, Equity-Like Loans, and
CDFI Support Activities). Distressed
Community Financing Activities (12
CFR 1806.103(u)) include Affordable
Housing Loans, Affordable Housing
Development Loans and related Project
Investments; Education Loans;
Commercial Real Estate Loans and
related Project Investments; Home
Improvement Loans; and Small
Business Loans and related Project
Investments. Service Activities (12 CFR
1806.103(nn)) include Deposit
Liabilities, Financial Services,
Community Services, Targeted
Financial Services, and Targeted Retail
Savings/Investment Products.
When calculating BEA Program
Award amounts, the CDFI Fund will
count only the amount that an
Applicant reasonably expects to
disburse for a Qualified Activity within
12 months from the end of the
Assessment Period. Subject to the
requirements outlined in Section VII.
B.1. of this NOFA, in the case of
Commercial Real Estate Loans and
related Project Investments, the total
principal amount of the transaction
must be $10 million or less to be
considered a Qualified Activity.
Notwithstanding the foregoing, the CDFI
Fund, in its sole discretion, may
consider transactions with a total
principal value of over $10 million,
subject to review.
Activities funded with prior BEA
Award dollars, or funded to satisfy
requirements of a BEA Award
Agreement from a prior Award shall not
constitute a Qualified Activity for the
purposes of calculating or receiving an
Award.
D. Designation of Distressed
Community: Each CDFI Partner that is
the recipient of CDFI Support Activities
from an Applicant must designate a
Distressed Community. CDFI Partners
that receive Equity Investments are not
required to designate Distressed
Communities. Applicants applying for a
BEA Program Award for carrying out
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Distressed Community Financing
Activities or Service Activities must
verify that addresses of both Baseline
and Assessment Period activities are in
Distressed Communities when
completing their Application. Please
note that a Distressed Community as
defined by the BEA Program is not
necessarily the same as an Investment
Area as defined by the CDFI Program or
a Low-Income Community as defined by
the New Markets Tax Credit (NMTC)
Program.
1. Definition of Distressed
Community: A Distressed Community
must meet certain minimum geographic
area and distress requirements, which
are defined in the Interim Rule at 12
CFR 1806.103(t) and more fully
described in 12 CFR 1806.200. For the
purpose of this NOFA, Distressed
Communities labeled either ‘‘Fully
Qualified’’ or ‘‘Partially Qualified’’ in
the CDFI Fund Mapping System (CIMS)
will satisfy the definition of a Distressed
Community as long as the poverty rate
is not less than 20 percent. Applicants
should use CIMS to determine whether
a Baseline Period activity or Assessment
Period activity is located in a qualifying
Distressed Community.
2. Designation of Distressed
Community: A CDFI Partner (as
appropriate) shall designate an area as a
Distressed Community by:
(a) Selecting Geographic Units which
individually meet the minimum area
eligibility requirements; or
(b) Selecting two or more Geographic
Units which, in the aggregate, meet the
minimum area eligibility requirements
set forth in paragraph (1) of this section
provided that no Geographic Unit
selected by the Applicant within the
area has a poverty rate of less than 20
percent.
A CDFI Partner designates a
Distressed Community by submitting a
map of the Distressed Community as
described in the BEA Program
Application. CDFI Partners must use
CIMS to designate Distressed
Communities. CIMS is accessed through
myCDFIFund and contains step-by-step
instructions on how to create and save
the aforementioned map of the
Distressed Community. MyCDFIFund is
an electronic interface that is accessed
through the CDFI Fund’s Web site
(www.cdfifund.gov). Instructions for
registering with myCDFIFund are
available on the CDFI Fund’s Web site.
If you have any questions or problems
with registering, please contact the CDFI
Fund IT HelpDesk by telephone at (202)
622–2455, or by email to
ITHelpDesk@cdfi.treas.gov.
3. Persistent Poverty Counties: The
Consolidated Appropriations Act of
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2012 (Pub. L. 112–74) provided that of
the funds awarded by the CDFI Fund in
FY 2012, including the FY 2012 BEA
Program, not less than 10 percent shall
be used for projects that serve
populations living in Persistent Poverty
Counties (PPCs). PPCs are defined as
any county that has had 20 percent or
more of its population living in poverty
over the past 30 years, as measured by
the 1990 and 2000 decennial censuses,
and the 2010 American Community
Survey census. The specific counties
that qualify as meeting the criteria for
‘‘persistent poverty’’ can be found at:
www.cdfifund.gov/persistentpoverty.
Applicants that apply under this NOFA
will be required to indicate the
minimum and maximum percentage of
the BEA Award that the Applicant will
commit to invest in PPCs.
II. Award Information
A. CDFI Applicants: No CDFI
Applicant may receive a FY 2012 Bank
Enterprise Award if it has: (1) An
application pending for assistance
under the FY 2012 round of the
Community Development Financial
Institutions Program (CDFI Program); (2)
Been awarded assistance from the CDFI
Fund under the CDFI Program within
the 12-month period prior to the date
the CDFI Fund selects the Applicant to
receive a FY 2012 Bank Enterprise
Award; or (3) Ever received assistance
under the CDFI Program for the same
activities for which it is seeking a FY
2012 Bank Enterprise Award. Please
note that Applicants may apply for both
a CDFI Program Award and a BEA
Program Award in FY 2012; however,
receiving a FY 2012 CDFI Program
award removes an Applicant from
eligibility for a FY 2012 BEA Program
Award.
B. Award amounts: The CDFI Fund
expects that it may award
approximately $18 million for FY 2012
BEA Program Awards, in appropriated
funds under this NOFA. The CDFI Fund
reserves the right to award in excess of
said funds under this NOFA, provided
that the appropriated funds are
available. The CDFI Fund reserves the
right to impose a maximum Award
amount; however under no
circumstances will an Award be higher
than $2 million for any Awardee. The
CDFI Fund also reserves the right to
impose a minimum Award amount due
to availability of funds. Further, 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
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CDFI Fund programs, or reallocate
remaining funds to a future BEA
Program funding round, if the CDFI
Fund determines that the number of
Awards made under this NOFA is fewer
than projected.
When calculating Award amounts, the
CDFI Fund will count only the amount
that an Applicant reasonably expects to
disburse on a transaction within 12
months from the end of the Assessment
Period.
C. Types of Awards: BEA Program
Awards are made in the form of grants.
D. Notice of Award and Award
Agreement: Each Awardee under this
NOFA must sign a Notice of Award and
an Award Agreement prior to
disbursement by the CDFI Fund of
Award proceeds. The Notice of Award
and the Award Agreement contains the
terms and conditions of the Award. For
further information, see Section VIII of
this NOFA.
III. Eligibility
A. Eligible Applicants: Eligible
Applicants for the BEA Program must be
Insured Depository Institutions, as
defined in Section 3 of the Federal
Deposit Insurance Act 12 U.S.C.
1813(c)(2). An Applicant must be FDICinsured as of December 31, 2011 for the
FY 2012 funding round to be eligible for
consideration for a BEA Program Award
under this NOFA. For the purposes of
this NOFA, an eligible CDFI Applicant
is an Insured Depository Institution that
has been certified as a CDFI as of the
end of the applicable Assessment
Period. The depository institution
holding company of an Insured
Depository Institution may not apply on
behalf of an Insured Depository
Institution. Applications received from
depository institution holding
companies will be disqualified.
In determining eligibility to receive an
Award, the CDFI Fund may take into
consideration the views of the
appropriate Federal bank regulatory
agency, as defined in Section 3 of the
Federal Deposit Insurance Act (12
U.S.C. 1813(q)). The CDFI Fund may
choose not to approve a BEA Award to
an Insured Depository Institution
Applicant for which the appropriate
Federal bank regulatory agency
indicates safety and soundness
concerns. In addition, the CDFI Fund
may take into consideration Community
Reinvestment Act (CRA) assessments of
Insured Depository Institutions and/or
their Affiliates.
1. Prior Awardees: Applicants must be
aware that success in a prior round of
any of the CDFI Fund’s programs is not
indicative of success under this NOFA.
For purposes of this section, the CDFI
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37743
Fund will consider an Affiliate to be any
entity that Controls (as such term is
defined in paragraph (f) below) the
Applicant, is Controlled by the
Applicant or is under common Control
with the Applicant (as determined by
the CDFI Fund) and any entity
otherwise identified as an affiliate by
the Applicant in its Application under
this NOFA. Prior BEA Program
Awardees and prior Awardees of other
CDFI Fund programs are eligible to
apply under this NOFA, except as
follows:
(a) Failure to meet reporting
requirements: The CDFI Fund will not
consider an Application submitted by
an Applicant if the Applicant or its
Affiliate is a prior CDFI Fund awardee
or allocatee under any CDFI Fund
program and is not current on the
reporting requirements set forth in the
previously executed Assistance, Award
or allocation agreement(s), as of the
Application deadline(s) stated in this
NOFA. Please note that automated
systems employed by the CDFI Fund for
receipt of reports submitted
electronically typically acknowledge
only a report’s receipt; such
acknowledgment does not warrant that
the report received was complete and
therefore met reporting requirements.
(b) Pending resolution of
noncompliance: If an Applicant that is
a prior awardee or allocatee under any
CDFI Fund program: (i) Has submitted
complete and timely reports to the CDFI
Fund that demonstrate noncompliance
with a previous assistance, award or
allocation agreement, and (ii) the CDFI
Fund has yet to make a final
determination as to whether the entity
is in default of its previous assistance,
award or allocation agreement, the CDFI
Fund will consider the Applicant’s
Application under this NOFA pending
full resolution, in the sole determination
of the CDFI Fund, of the
noncompliance. Further, if an Affiliate
of the Applicant that is a prior CDFI
Fund awardee or allocatee under any
CDFI Fund program: (i) Has submitted
complete and timely reports to the CDFI
Fund that demonstrate noncompliance
with a previous assistance, award or
allocation agreement, and (ii) the CDFI
Fund has yet to make a final
determination as to whether the entity
is in default of its previous Assistance,
award or allocation agreement, the CDFI
Fund will consider the Applicant’s
Application under this NOFA pending
full resolution, in the sole determination
of the CDFI Fund, of the
noncompliance.
(c) Default status: The CDFI Fund will
not consider an Application submitted
by an Applicant that is a prior CDFI
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Fund awardee or allocatee under any
CDFI Fund program if, as of the
applicable Application deadline of this
NOFA, the CDFI Fund has made a final
determination that such Applicant is in
default of a previously executed
assistance, award or allocation
agreement(s). Further, an entity is not
eligible to apply for an Award pursuant
to this NOFA if, as of the applicable
Application deadline, the CDFI Fund
has made a final determination that an
Affiliate of the Applicant: (i) Is a prior
CDFI Fund awardee or allocatee under
any CDFI Fund program, and (ii) has
been determined by the CDFI Fund to be
in default of a previously executed
Assistance, award or allocation
agreement(s). Such entities will be
ineligible to apply for an Award
pursuant to this NOFA so long as the
Applicant’s, or its Affiliate’s, prior
award or allocation remains in default
status or such other time period as
specified by the CDFI Fund in writing.
(d) Termination in default: The CDFI
Fund will not consider an Application
submitted by an Applicant that is a
prior CDFI Fund awardee or allocatee
under any CDFI Fund program if, within
the 12-month period prior to the
Application deadline of this NOFA, the
CDFI Fund has made a final
determination that such Applicant’s
prior award or allocation terminated in
default of the assistance, award or
allocation agreement and the CDFI Fund
has provided written notification of
such determination to such Applicant.
Further, an entity is not eligible to apply
for an Award pursuant to this NOFA if,
within the 12-month period prior to the
Application deadline of this NOFA, the
CDFI Fund has made a final
determination that an Affiliate of the
Applicant is a prior CDFI Fund awardee
or allocatee under any CDFI Fund
program whose award or allocation
terminated in default of the assistance,
award or allocation agreement and the
CDFI Fund has provided written
notification of such determination to the
defaulting entity.
(e) Undisbursed funds: For the
purposes of this section, the term
‘‘undisbursed funds’’ is defined as: (i) In
the case of prior BEA Program Award(s),
any balance of Award funds equal to or
greater than five (5) percent of the total
prior BEA Program Award(s) that
remains undisbursed more than three
(3) years after the end of the calendar
year in which the CDFI Fund signed an
Award Agreement with the Awardee, or
(ii) in the case of prior CDFI Program or
other CDFI Fund program award(s), any
balance of award funds equal to or
greater than five (5) percent of the total
prior award(s) that remains undisbursed
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more than two (2) years after the end of
the calendar year in which the CDFI
Fund signed an assistance agreement
with the awardee.
The term ‘‘undisbursed funds’’ does
not include (i) tax credit allocation
authority allocated through the New
Markets Tax Credit Program; (ii) any
award funds for which the CDFI Fund
received a full and complete
disbursement request from the awardee
as of the Application deadline of this
NOFA; or (iii) any award funds for an
award that has been terminated,
expired, rescinded, or deobligated by
the CDFI Fund.
The CDFI Fund will not consider an
Application submitted by an Applicant
that is a prior CDFI Fund awardee under
any CDFI Fund program if the Applicant
has a balance of undisbursed funds
under said prior award(s), as of the
Application deadline of this NOFA.
Further, an entity is not eligible to apply
for an Award pursuant to this NOFA if
an Affiliate of the Applicant is a prior
CDFI Fund awardee under any CDFI
Fund program, and has a balance of
undisbursed funds under said prior
Award(s), as of the Application deadline
of this NOFA. In the case where an
Affiliate of the Applicant is a prior CDFI
Fund awardee under any CDFI Fund
program, and has a balance of
undisbursed funds under said prior
award(s), as of the Application deadline
of this NOFA, the CDFI Fund will
include the combined awards of the
Applicant and such Affiliates when
calculating the amount of undisbursed
funds.
(f) Control: For purposes of this
NOFA, the term ‘‘Control’’ means: (1)
Ownership, control, or power to vote 25
percent or more of the outstanding
shares of any class of voting securities
as defined in 12 CFR 1805.104 (mm) of
any legal entity, directly or indirectly or
acting through one or more other
persons; (2) control in any manner over
the election of a majority of the
directors, trustees, or general partners
(or individuals exercising similar
functions) of any legal entity; or (3) the
power to exercise, directly or indirectly,
a controlling influence over the
management, credit or investment
decisions, or policies of any legal entity.
(g) Contact the CDFI Fund:
Accordingly, Applicants that are prior
awardees and/or allocatees under any
CDFI Fund program are advised to: (i)
Comply with requirements specified in
assistance, award and/or allocation
agreement(s), and (ii) contact the CDFI
Fund to ensure that all necessary
actions are underway for the
disbursement of any outstanding
balance of a prior award(s). An
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Applicant that is unsure about the
disbursement status of any prior award
should contact the CDFI Fund by
sending an email to
cdfihelp@cdfi.treas.gov. All outstanding
reports and compliance questions
should be directed to Certification,
Compliance Monitoring, and Evaluation
support by email at ccme@cdfi.treas.gov
or by telephone at (202) 622–6330. The
CDFI Fund will respond to Applicants’
reporting, compliance, or disbursement
questions between the hours of 9 a.m.
and 5 p.m. ET, starting on the date of
the publication of this NOFA through
July 25, 2012. The CDFI Fund will not
respond to Applicants’ reporting,
compliance, or disbursement telephone
calls or email inquiries that are received
after 5 p.m. ET on July 25, 2012 until
after the Application deadline. The
CDFI Fund will respond to technical
issues related to myCDFIFund Accounts
through 5 p.m. ET on July 27 2012.
2. Cost sharing and matching fund
requirements: Not applicable.
IV. Application and Submission
Information
A. Application Content Requirements:
Detailed Application content
requirements are found in the
Application related to this NOFA.
Applicants must submit all materials
described in and required by the
Application by the applicable deadlines.
Additional information, including
instructions relating to the submission
of the Application via Grants.gov, the
FY 2012 BEA Signature Page via
myCDFIFund, and supporting
documentation, is set forth in further
detail in the Application.
Please note that, pursuant to OMB
guidance (68 FR 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),
with a letter or other documentation
from the Internal Revenue Service (IRS)
confirming the EIN. Applicants should
allow sufficient time for the IRS and/or
Dun and Bradstreet to respond to
inquiries and/or requests for
identification numbers. EINs and DUNS
numbers must match the information in
the Applicant’s CCR account. An active
CCR account is required to submit
Applications via Grants.gov. Neither the
CCR account, EIN nor the DUNS
number can be that of the depository
institution holding company of the
Applicant. An Application that does not
include an EIN or DUNS number is
incomplete and cannot be transmitted to
the CDFI Fund. The preceding sentences
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do not limit the CDFI Fund’s ability to
contact an Applicant for the purpose of
confirming or clarifying information
regarding a DUNS number or EIN
number. Once an Application is
submitted, the Applicant will not be
allowed to change any element of the
Application.
As set forth in further detail in the
Application, any Qualified Activity
missing the required documentation
will be disqualified. Applicants will not
be allowed to submit missing
documentation for Qualified Activities
after the Application deadline.
B. Form of Application Submission:
Applicants must submit Applications
under this NOFA via Grants.gov with
certain required documentation via
paper according to the instructions in
the Application. Applications sent by
facsimile or by email will not be
accepted, except in circumstances that
the CDFI Fund, in its sole discretion,
deems acceptable. In order to submit an
Application via Grants.gov, Applicants
must complete a multi-step registration
process. This includes registration at
CCR.gov. Applicants are advised to
make sure their CCR account is active
and valid well in advance of submitting
an Application via Grants.gov and to
allow ample time to complete the entire
registration and submission process.
MyCDFIFund Accounts: All
Applicants and CDFI Partners must
complete a FY 2012 BEA Signature Page
in myCDFIFund. All Applicants and
CDFI Partners must register User and
Organization accounts in myCDFIFund,
the CDFI Fund’s Internet-based interface
by the applicable Application deadline.
Failure to register and complete a FY
2012 BEA Signature Page in
myCDFIFund could result in the CDFI
Fund being unable to accept the
Application. As myCDFIFund is the
CDFI Fund’s primary means of
communication with Applicants and
Awardees, organizations must make
sure that they update the contact
information in their myCDFIFund
accounts. For more information on
myCDFIFund, please see the
‘‘Frequently Asked Questions’’ link
posted at https://www.cdfifund.gov/
myCDFI/Help/Help.asp.
Qualified Activity documentation and
other attachments as specified in the
applicable BEA Program Application
must be sent to: Bureau of the Public
Debt, CDFI Fund—BEA Program
Awards Management, A3–H, BPD
Warehouse & Op Center Dock 1, 257
Bosley Industrial Park Drive,
Parkersburg, WV 26101. The telephone
number to be used in conjunction with
overnight mailings to this address is
(304) 480–8071. The CDFI Fund will not
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accept Applications in its offices in
Washington, DC. Applications and
attachments received in the CDFI
Fund’s Washington, DC, office will be
rejected.
C. Application Deadlines: The
deadline for receipt of Applications via
Grants.gov for the FY 2012 funding
round is 11:59 p.m. ET on July 27, 2012.
The deadline for the submission of the
FY 2012 BEA Signature Page via
myCDFIFund for the FY 2012 funding
round is 5:00 p.m. ET on July 27, 2012.
The deadline for receipt of paper
documentation at the Bureau of Public
Debt address specified above is 5 p.m.
ET, July 31, 2012. Applications and
other required documents and other
attachments received after the deadline
on the applicable date will be rejected.
Please note that the document
submission deadlines in this NOFA and
the funding Application are strictly
enforced. The CDFI Fund will not grant
exceptions or waivers for late delivery
of documents including, but not limited
to, late delivery that is caused by third
parties such as the United States Postal
Service, couriers or overnight delivery
services.
D. 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 BEA Program
funding Application has been assigned
the following control number: 1559–
0005.
V. Intergovernmental Review: Not
Applicable
VI. Funding Restrictions: Not
Applicable
VII. Application Review Information
A. CDFI Related Activities: CDFI
Related Activities include Equity
Investments, Equity-Like Loans, and
CDFI Support Activities provided to
eligible CDFI Partners. In addition to
regulatory requirements, this NOFA
provides the following:
1. Eligible CDFI Partner: CDFI Partner
is defined as a CDFI that has been
provided assistance in the form of CDFI
Related Activities by an Applicant (12
CFR 1806.103(p)). For the purposes of
this NOFA, an eligible CDFI Partner is
an entity that has been certified as a
CDFI as of the end of the applicable
Assessment Period and is Integrally
Involved in a Distressed Community.
2. Integrally Involved is defined as
having provided: (i) At least ten percent
of financial transactions or dollars
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37745
transacted (e.g., loans or equity
investments as defined in 12 CFR
1805.104(t)), or ten percent of
Development Service activities (as
defined in 12 CFR 1805.104(s)), in the
Distressed Community identified by the
Applicant or the CDFI Partner, as
applicable, in each of the three calendar
years preceding the date of the
applicable NOFA, (ii) having transacted
at least twenty-five percent of financial
transactions (e.g., loans or equity
investments) in said Distressed
Community in at least one of the three
calendar years preceding the date of the
applicable NOFA, or (iii) demonstrating
that it has attained at least ten percent
of market share for a particular product
in said Distressed Community (such as
at least ten percent of home mortgages
originated in said Distressed
Community) in at least one of the three
calendar years preceding the date of the
applicable NOFA.
3. Limitations on eligible Qualified
Activities provided to certain CDFI
Partners: An Applicant that is also a
CDFI cannot receive credit for any
financial assistance or Qualified
Activities provided to a CDFI Partner
that is also an FDIC-insured depository
institution or depository institution
holding company.
4. Certificates of Deposit: Section
1806.103(r) of the Interim Rule states
that any certificate of deposit placed by
an Applicant or its Subsidiary in a CDFI
that is a bank, thrift, or credit union
must be: (i) Uninsured and committed
for at least three years; or (ii) insured,
committed for a term of at least three
years, and provided at an interest rate
that is materially below market rates, in
the determination of the CDFI Fund.
(a) For purposes of this NOFA,
‘‘materially below market interest rate’’
is defined as an annual percentage rate
that does not exceed 100 percent of
yields on Treasury securities at constant
maturity as interpolated by Treasury
from the daily yield curve and available
on the Treasury Web site at
www.treas.gov/offices/domesticfinance/debt-management/interest-rate/
yield.shtml. For example, for a threeyear certificate of deposit, Applicants
should use the three-year rate U.S.
Government securities, Treasury Yield
Curve Rate posted for that business day.
The Treasury updates the Web site daily
at approximately 5:30 p.m. ET.
Certificates of deposit placed prior to
that time may use the rate posted for the
previous business day. The annual
percentage rate on a certificate of
deposit should be compounded
quarterly, semi-annually, or annually.
(b) For purposes of this NOFA, a deposit
placed by an Applicant directly with a
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CDFI Partner that participates in a
deposit network or service may be
treated as eligible under this NOFA if it
otherwise meets the criteria for deposits
in 1806.103(r) and the CDFI Partner
retains the full amount of the initial
deposit or an amount equivalent to the
full amount of the initial deposit
through a deposit network exchange
transaction.
5. Equity-Like Loans: An Equity-Like
Loan is a loan provided by an Applicant
or its Subsidiary to a CDFI, and made
on such terms that it has characteristics
of an Equity Investment, as such
characteristics may be specified by the
CDFI Fund (12 CFR 1806.103(z)). For
purposes of this NOFA, Equity-Like
Loans must meet the following
characteristics:
(a) At the end of the initial term, the
loan must have a definite rolling
maturity date that is automatically
extended on an annual basis if the CDFI
borrower continues to be financially
sound and carry out a community
development mission;
(b) Periodic payments of interest and/
or principal may only be made out of
the CDFI borrower’s available cash flow
after satisfying all other obligations;
(c) Failure to pay principal or interest
(except at maturity) will not
automatically result in a default of the
loan agreement; and
(d) The loan must be subordinated to
all other debt except for other EquityLike Loans. Notwithstanding the
foregoing, the CDFI Fund reserves the
right to determine, in its sole discretion
and on a case-by-case basis, whether an
instrument meets the above-stated
characteristics of an Equity-Like Loan.
6. CDFI Program Matching Funds:
Equity Investments, Equity-Like Loans,
and CDFI Support Activities (except
technical assistance) provided by a BEA
Applicant to a CDFI and used by the
CDFI for matching funds under the CDFI
Program are eligible as a Qualified
Activity under the CDFI Related
Activity category.
B. Distressed Community Financing
Activities and Service Activities:
Distressed Community Financing
Activities include Affordable Housing
Loans, Affordable Housing Development
Loans and related Project Investments,
Education Loans, Commercial Real
Estate Loans and related Project
Investments, Home Improvement Loans,
and Small Business Loans and related
Project Investments (12 CFR
1806.103(u)). In addition to the
regulatory requirements, this NOFA
provides the following additional
requirements:
1. Commercial Real Estate Loans and
related Project Investments: For
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purposes of this NOFA, eligible
Commercial Real Estate Loans (12 CFR
1806.103(l)) and related Project
Investments (12 CFR 1806.103(ll)) are
generally limited to transactions with a
total principal value of $10 million or
less. Notwithstanding the foregoing, the
CDFI Fund, in its sole discretion, may
consider transactions with a total
principal value of over $10 million,
subject to review. For such transactions,
Applicants must provide a separate
narrative, or other information, to
demonstrate that the proposed project
offers, or significantly enhances the
quality of, a facility or service not
currently provided to the Distressed
Community.
2. Reporting certain Financial
Services: The CDFI Fund will value the
administrative cost of providing certain
Financial Services using the following
per unit values:
(a) $100.00 per account for Targeted
Financial Services;
(b) $50.00 per account for checking
and savings accounts that do not meet
the definition of Targeted Financial
Services;
(c) $5.00 per check cashing
transaction;
(d) $25,000 per new ATM installed at
a location in a Distressed Community;
(e) $2,500 per ATM operated at a
location in a Distressed Community;
(f) $250,000 per new retail bank
branch office opened in a Distressed
Community; and
(g) In the case of Applicants engaging
in Financial Services activities not
described above, the CDFI Fund will
determine the unit value of such
services.
(i) When reporting the opening of a
new retail bank branch office, the
Applicant must certify that it has not
operated a retail branch in the same
Distressed Community in which the
new retail branch office is being opened
in the past three years, and that such
new branch will remain in operation for
at least the next five years.
(ii) Financial Service Activities must
be provided by the Applicant to Lowand Moderate- Income Residents. An
Applicant may determine the number of
Low- and Moderate-Income individuals
who are recipients of Financial Services
by either: (i) Collecting income data on
its Financial Services customers; or (ii)
certifying that the Applicant reasonably
believes that such customers are Lowand Moderate-Income individuals and
providing a brief analytical narrative
with information describing how the
Applicant made this determination.
(iii) When reporting changes in the
dollar amount of deposit accounts, only
calculate the net change in the total
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dollar amount of eligible Deposit
Liabilities between the Baseline Period
and the Assessment Period. Do not
report each individual deposit. If the net
change between the Baseline Period and
Assessment Period is a negative dollar
amount, then a negative dollar amount
may be recorded. Instructions for
determining the net change is available
on the CDFI Fund’s Web site.
C. Priority Factors: Priority Factors are
the numeric values assigned to
individual types of activity within: (i)
The Distressed Community Financing,
and (ii) Services categories of Qualified
Activities. For the purposes of this
NOFA, Priority Factors will be based on
the Applicant’s asset size as of the end
of the Assessment Period (December 31,
2011) as reported by the Applicant in
the Application. Asset size classes (i.e.,
small banks, intermediate-small banks,
and large banks) will correspond to the
CRA asset size classes set by the three
Federal bank regulatory agencies and
that were effective as of the end of the
Assessment Period. The Priority Factor
works by multiplying the change in a
Qualified Activity by the assigned
Priority Factor to achieve a ‘‘weighted
value.’’ This weighted value of the
change would be multiplied by the
applicable Award percentage to yield
the Award amount for that particular
activity. For purposes of this NOFA, the
CDFI Fund is establishing Priority
Factors based on Applicant asset size to
be applied to all activity within the
Distressed Community Financing
Activities and Service Activities
categories only, as follows:
CRA asset size classification
Small banks (assets of less than
$280 million as of 12/31/2011)
Intermediate-small banks (assets
of at least $280 million but less
than $1.122 billion as of 12/31/
2011) .........................................
Large banks (assets of $1.122 billion or greater as of 12/31/
2011) .........................................
Priority
factor
5.0
3.0
1.0
D. Certain Limitations on Qualified
Activities:
1. Low-Income Housing Tax Credits.
Financial assistance provided by an
Applicant for which the Applicant
receives benefits through Low-Income
Housing Tax Credits, authorized
pursuant to Section 42 of the Internal
Revenue Code, as amended (26 U.S.C.
42), shall not constitute an Equity
Investment, Project Investment, or other
Qualified Activity, for the purposes of
calculating or receiving a Bank
Enterprise Award.
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2. New Markets Tax Credits. Financial
assistance provided by an Applicant for
which the Applicant receives benefits as
an investor in a Community
Development Entity that has received an
allocation of New Markets Tax Credits,
authorized pursuant to Section 45D of
the Internal Revenue Code, as amended
(26 U.S.C. 45D), shall not constitute an
Equity Investment, Project Investment,
or other Qualified Activity, for the
purposes of calculating or receiving a
Bank Enterprise Award.
3. Loan Renewals and Refinances.
Financial assistance provided by an
Applicant shall not constitute a
Qualified Activity, as defined in this
part, for the purposes of calculating or
receiving an Award if, such financial
assistances consists of a loan to a
borrower that has matured and is then
renewed by the Applicant, or consists of
a loan to a borrower that is retired or
restructured using the proceeds of a new
commitment by the Applicant. Payoff of
a separate third party obligations will
only be considered a Qualified Activity
if the payoff of a transaction is part of
the sale of property or business to an
unaffiliated party to the borrower.
Applicants should include a narrative
statement to describe any such
transactions. Otherwise the transaction
will be disqualified.
4. Prior BEA Awards. Qualified
Activities funded with prior funding
round Award dollars or funded to
satisfy requirements of the BEA Program
Award Agreement shall not constitute a
Qualified Activity for the purposes of
calculating or receiving an Award.
5. Prior CDFI Program Awards. No
CDFI may receive a BEA Program
Award for activities funded by a CDFI
Program Award.
E. Award percentages, Award
amounts, selection process: The Interim
Rule describes the process for selecting
Applicants to receive BEA Program
Awards and determining Award
amounts. Applicants will calculate and
request an estimated Award amount in
accordance with a multiple step
procedure that is outlined in the Interim
Rule (at 12 CFR 1806.202). As outlined
in the Interim Rule at 12 CFR 1806.203,
the CDFI Fund will determine actual
Award amounts based on the
availability of funds, increases in
Qualified Activities from the Baseline
Period to the Assessment Period, and
each Applicant’s priority ranking. In
calculating the increase in Qualified
Activities, the CDFI Fund will
determine the eligibility of each
transaction for which an Applicant has
applied for a BEA Program Award. In
some cases, the actual Award amount
calculated by the CDFI Fund may not be
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the same as the estimated Award
amount requested by the Applicant.
Should the CDFI Fund determine,
upon analysis of the final BEA Awardee
pool, that it has not achieved the 10
percent persistent poverty requirement
mandated by Congress, this information
will affect the ranking of Applications
and/or the size of an Award. In this
case, Award preference will be given to
Applicants that commit to targeting a
minimum of 10 percent of Award
dollars to be invested in BEA Qualified
Activities in persistent poverty count to
ensure that this Congressional mandate
is achieved. If an organization is
selected to receive a BEA Award
through the FY 2012 funding round, the
stated commitment to serving PPCs will
be incorporated in your organization’s
Award agreement and performance
goals. Awardees may be held to the
minimum and up to the maximum PPC
commitment articulated in the
application. No applicant, however, will
be disqualified from consideration if it
does not make a commitment to a BEA
Persistent Poverty County.
In the CDFI Related Activities
category (except for an Equity
Investment or Equity-Like Loan), if an
Applicant is a CDFI, such estimated
Award amount will be equal to 18
percent of the increase in Qualified
Activity for the category. If an Applicant
is not a CDFI, such estimated Award
amount will be equal to 6 percent of the
increase in Qualified Activity for the
category. Notwithstanding the foregoing,
for an Applicant that is a CDFI and for
an Applicant that is not a CDFI, the
Award percentage applicable to an
Equity Investment, Equity-Like Loan, or
Grant in a CDFI shall be 15 percent of
the increase in Qualified Activity for the
category. For the Distressed Community
Financing Activities and Service
Activities categories, if an Applicant is
a CDFI, such estimated Award amount
will be equal to 9 percent of the
weighted value of the increase in
Qualified Activity for the category. If an
Applicant is not a CDFI, such estimated
Award amount will be equal to 3
percent of the weighted value of the
increase in Qualified Activity for the
category.
If the amount of funds available
during the funding round is insufficient
for all estimated Award amounts,
Awardees will be selected based on the
process described in the Interim Rule at
12 CFR 1806.203(b). This process gives
funding priority to Applicants that
undertake activities in the following
order: (i) CDFI Related Activities, (ii)
Distressed Community Financing
Activities, and (iii) Service Activities, as
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37747
described in the Interim Rule at 12 CFR
1806.203(c).
Within each category, Applicants that
are certified CDFIs will be ranked first
according to the ratio of the actual
Award amount calculated by the CDFI
Fund for the category to the total assets
of the Applicant, followed by
Applicants that are not certified CDFIs
according to the ratio of the actual
Award amount calculated by the CDFI
Fund for the category to the total assets
of the Applicant.
The CDFI Fund, in its sole discretion:
(i) May adjust the estimated Award
amount that an Applicant may receive;
(ii) may establish a maximum amount
that may be awarded to an Applicant;
and (iii) reserves the right to limit the
amount of an Award to any Applicant
if the CDFI Fund deems it appropriate.
For purposes of calculating Award
disbursement amounts, the CDFI Fund
will treat Qualified Activities with a
total principal amount less than or equal
to $250,000 as fully disbursed. For all
other Qualified Activities, Awardees
will have 12 months from the end of the
Assessment Period to make
disbursements and 18 months from the
end of the Assessment Period to submit
to the CDFI Fund disbursement requests
for the corresponding portion of their
Awards, after which the CDFI Fund will
rescind and deobligate any outstanding
Award balance and said outstanding
Award balance will no longer be
available to the Awardee.
The CDFI Fund reserves the right to
contact the Applicant to confirm or
clarify information. If contacted, the
Applicant must respond within the
CDFI Fund’s time parameters or run the
risk of being rejected.
The CDFI Fund reserves the right to
change its eligibility and evaluation
criteria and procedures. If said changes
materially affect the CDFI Fund’s Award
decisions, the CDFI Fund will provide
information regarding the changes
through the CDFI Fund’s Web site.
There is no right to appeal the CDFI
Fund’s Award decisions. The CDFI
Fund’s Award decisions are final. The
CDFI Fund does not provide debriefings
and will only respond to questions
regarding an Award decision 30 days
prior to the end of the applicable fiscal
year.
VIII. Award Administration
Information
A. Notice of Award: The CDFI Fund
will signify its selection of an Applicant
as an Awardee by delivering a Notice of
Award and Award Agreement to the
Applicant. The Notice of Award and
Award Agreement will contain the
general terms and conditions underlying
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the CDFI Fund’s provision of an Award.
The Applicant must execute the Notice
of Award and Award Agreement and
return it to the CDFI Fund. Each
Awardee must also provide the CDFI
Fund with complete and accurate
banking information on the Automated
Clearinghouse (ACH) form. The ACH
form must be returned with the Notice
of Award and Award Agreement.
The CDFI Fund reserves the right, in
its sole discretion, to rescind the Award,
the Notice of Award and Award
Agreement if the Awardee fails to return
the Notice of Award and Award
Agreement signed by the Authorized
Representative of the Awardee or any
other requested documentation by the
deadline set by the CDFI Fund.
By executing a Notice of Award and
Award Agreement, the Awardee agrees
that, if information (including
administrative errors) comes to the
attention of the CDFI Fund prior to the
Effective Date of the Award Agreement,
that either adversely affects the
Awardee’s eligibility for an Award, or
adversely affects the CDFI Fund’s
evaluation of the Awardee’s
Application, or indicates fraud or
mismanagement on the part of the
Awardee, the CDFI Fund may, in its
discretion and without advance notice
to the Awardee, terminate the Notice of
Award and Award Agreement or take
other actions as it deems appropriate.
1. Failure to meet reporting
requirements: If an Applicant, or its
Affiliate, is a prior CDFI Fund awardee
or allocatee under any CDFI Fund
program and is not current on the
reporting requirements set forth in the
previously executed assistance, award
or allocation agreement(s), as of the date
of the Notice of Award, the CDFI Fund
reserves the right, in its sole discretion,
to delay entering into an Award
Agreement and/or to delay making a
disbursement of Award proceeds, until
said prior awardee or allocatee is
current on the reporting requirements in
the previously executed assistance,
award or allocation agreement(s). Please
note that automated systems employed
by the CDFI Fund for receipt of reports
submitted electronically typically
acknowledge only a report’s receipt;
such acknowledgment does not warrant
that the report received was complete
and therefore met reporting
requirements. If said prior awardee or
allocatee is unable to meet this
requirement within the timeframe set by
the CDFI Fund, the CDFI Fund reserves
the right, in its sole discretion, to
terminate and rescind the Notice of
Award and the Award made under this
NOFA.
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2. Pending resolution of
noncompliance: If an Applicant is a
prior CDFI Fund awardee or allocatee
under any CDFI Fund program and if: (i)
It has submitted complete and timely
reports to the CDFI Fund that
demonstrate noncompliance with a
previous assistance, award, or allocation
agreement, and (ii) the CDFI Fund has
yet to make a final determination
regarding whether or not the entity is in
default of its previous assistance, award,
or allocation agreement, the CDFI Fund
reserves the right, in its sole discretion,
to delay entering into an Award
Agreement and/or to delay making a
disbursement of Award proceeds,
pending full resolution, in the sole
determination of the CDFI Fund, of the
noncompliance. Further, if an Affiliate
of the Applicant is a prior CDFI Fund
awardee or allocatee under any CDFI
Fund program, and if such entity: (i)
Has submitted complete and timely
reports to the CDFI Fund that
demonstrate noncompliance with a
previous assistance, award, or allocation
agreement, and (ii) the CDFI Fund has
yet to make a final determination as to
whether the entity is in default of its
previous assistance, award, or allocation
agreement, the CDFI Fund reserves the
right, in its sole discretion, to delay
entering into an Award Agreement and/
or to delay making a disbursement of
Award proceeds pending full resolution,
in the sole determination of the CDFI
Fund, of the noncompliance. If said
prior awardee or allocatee is unable to
meet this requirement, in the sole
determination of the CDFI Fund, the
CDFI Fund reserves the right, in its sole
discretion, to terminate and rescind the
Notice of Award and the Award made
under this NOFA.
3. Default status: If, at any time prior
to entering into an Award Agreement
under this NOFA, the CDFI Fund has
made a final determination that an
Applicant that is a prior CDFI Fund
awardee or allocatee under any CDFI
Fund program is in default of a
previously executed assistance, award,
or allocation agreement(s) and has
provided written notification of such
determination to the Applicant, the
CDFI Fund reserves the right, in its sole
discretion, to delay entering into an
Award Agreement and/or to delay
making a disbursement of Award
proceeds until said prior awardee or
allocatee has submitted a complete and
timely report demonstrating full
compliance with said Agreement within
a timeframe set by the CDFI Fund.
Further, if, at any time prior to entering
into an Award Agreement under this
NOFA, the CDFI Fund has made a final
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determination that an Affiliate of the
Applicant is a prior CDFI Fund awardee
or allocatee under any CDFI Fund
program, is in default of a previously
executed assistance, allocation or award
agreement(s), and has provided written
notification of such determination to the
defaulting entity, the CDFI Fund
reserves the right, in its sole discretion,
to delay entering into an Award
Agreement and/or to delay making a
disbursement of Award proceeds until
said prior awardee or allocatee has
submitted a complete and timely report
demonstrating full compliance with said
agreement within a timeframe set by the
CDFI Fund. If said prior awardee or
allocatee is unable to meet this
requirement, the CDFI Fund reserves the
right, in its sole discretion, to terminate
and rescind the Notice of Award and the
Award made under this NOFA.
4. Termination in default: If, within
the 12-month period prior to entering
into an Award Agreement under this
NOFA, the CDFI Fund has made a final
determination that an Applicant that is
a prior CDFI Fund awardee or allocatee
under any CDFI Fund program whose
award or allocation terminated in
default of such prior agreement and the
CDFI Fund has provided written
notification of such determination to
such organization, the CDFI Fund
reserves the right, in its sole discretion,
to delay entering into an Award
Agreement and/or to delay making a
disbursement of Award proceeds.
Further, if, within the 12-month period
prior to entering into an Award
Agreement under this NOFA, the CDFI
Fund has made a final determination
that an Affiliate of the Applicant is a
prior CDFI Fund awardee or allocatee
under any CDFI Fund program, and
whose award or allocation terminated in
default of such prior agreement(s) and
has provided written notification of
such determination to the defaulting
entity, the CDFI Fund reserves the right,
in its sole discretion, to delay entering
into an Award Agreement and/or to
delay making a disbursement of Award
proceeds.
B. Award Agreement: After the CDFI
Fund selects an Awardee, unless an
exception detailed in this NOFA
applies, the CDFI Fund and the
Awardee will enter into an Award
Agreement. The Award Agreement will
set forth certain required terms and
conditions of the Award, which will
include, but not be limited to: (i) The
amount of the Award; (ii) the type of the
Award; (iii) the approved uses of the
Award; (iv) performance goals and
measures; and (v) reporting
requirements for all Awardees. Award
Agreements under this NOFA generally
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will have one-year performance periods.
The Award Agreement shall provide
that an Awardee shall: (i) Carry out its
Qualified Activities in accordance with
applicable law, the approved
Application, and all other applicable
requirements; (ii) not receive any
monies until the CDFI Fund has
determined that the Awardee has
fulfilled all applicable requirements,
and (iii) use an amount equivalent to the
BEA Award amount for BEA Qualified
Activities.
C. Administrative and National Policy
Requirements: Not applicable.
D. Reporting and Accounting:
1. Awardees Without Persistent
Poverty County Commitments: The
CDFI Fund will require each Awardee
without persistent poverty
commitments that receives an Award
over $50,000 through this NOFA to
account for the use of the Award. This
will require Awardees to establish
administrative and accounting controls,
subject to applicable OMB Circulars.
The CDFI Fund will collect information
from each such Awardee on its use of
the Award at least once following the
Award and more often if deemed
appropriate by the CDFI Fund in its sole
discretion. The CDFI Fund will provide
guidance to Awardees outlining the
format and content of the information to
be provided, outlining and describing
how the funds were used.
2. Awardees With Persistent Poverty
County Commitments: The CDFI Fund
will require each Awardee with
persistent poverty county commitments,
regardless of Award size, to report data
for Award funds deployed in persistent
poverty counties and maintain proper
supporting documentation and records
which are subject to review by the CDFI
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Fund’s Certification, Compliance
Monitoring and Evaluation unit.
IX. Agency Contacts
The CDFI Fund will respond to
questions and provide support
concerning this NOFA and the funding
Application between the hours of 9 a.m.
and 5 p.m. ET, starting on the date of
the publication of this NOFA through
close of business July 25, 2012 for the
FY 2012 funding round. The CDFI Fund
will not respond to Applicants’
reporting, compliance or disbursement
telephone calls or email inquiries that
are received after 5 p.m. ET on July 25,
2012 until after the Application
deadline. The CDFI Fund will respond
to technical issues related to
myCDFIFund accounts through 5 p.m.
ET on July 27, 2012.
Applications and other information
regarding the CDFI Fund and its
programs may be downloaded and
printed from the CDFI Fund’s Web site
at www.cdfifund.gov. The CDFI Fund
will post responses to questions of
general applicability regarding the BEA
Program on its Web site.
A. Information Technology Support:
Technical support can be obtained by
calling (202) 622–2455 or by email at
ithelpdesk@cdfi.treas.gov. People who
have visual or mobility impairments
that prevent them from creating a
Distressed Community map using the
CDFI Fund’s Web site should call (202)
622–2455 for assistance. These are not
toll free numbers.
B. Application Support: If you have
any questions about the programmatic
or administrative requirements of this
NOFA, contact the CDFI Fund’s BEA
Program office by email at
cdfihelp@cdfi.treas.gov, by telephone at
(202) 622–6355, by facsimile at (202)
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37749
622–7754, or by mail at CDFI Fund, 601
13th Street NW., Suite 200 South,
Washington, DC 20005. The number
provided is not toll-free.
C. Certification, Compliance
Monitoring and Evaluation Support: If
you have any questions regarding the
compliance requirements of this NOFA,
including questions regarding
performance on prior Awards, contact
the CDFI Fund’s CCME Unit by email at
ccme@cdfi.treas.gov or by telephone at
(202) 622–6330. The number provided
is not toll-free.
D. Communication with the CDFI
Fund: The CDFI Fund will use its
myCDFIFund Internet interface to
communicate with Applicants and
Awardees under this NOFA. Awardees
must use myCDFIFund to submit
required reports. The CDFI Fund will
notify Awardees by email using the
addresses maintained in each Awardee’s
myCDFIFund account. Therefore, an
Awardee and any Subsidiaries,
signatories, and Affiliates must maintain
accurate contact information (including
contact person and authorized
representative, email addresses, fax
numbers, phone numbers, and office
addresses) in their myCDFIFund
account(s). For more information about
myCDFIFund, please see the Help
documents posted at https://
www.cdfifund.gov/myCDFI/Help/
Help.asp.
Authority: 12 U.S.C. 1834a, 4703, 4703
note, 4713; 12 CFR part 1806.
Dated: June 14, 2012.
Donna J. Gambrell,
Director, Community Development Financial
Institutions Fund.
[FR Doc. 2012–15282 Filed 6–21–12; 8:45 am]
BILLING CODE 4810–70–P
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Agencies
[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37742-37749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15282]
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DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
Funding Opportunity Title: Notice of Funds Availability (NOFA)
inviting Applications for the FY 2012 Funding Round of the Bank
Enterprise Award (BEA) Program.
Announcement Type: Announcement of funding opportunity.
Catalog of Federal Domestic Assistance (CFDA) Number: 21.021.
DATES: Applications for the FY 2012 funding round of the BEA Program
must be received by July 27, 2012. Applications must meet all
eligibility and other requirements and deadlines, as applicable, set
forth in this NOFA. Applications received after July 27, 2012 will be
rejected.
Executive Summary: This NOFA is issued in connection with the FY
2012 funding round of the BEA Program. The BEA Program is administered
by the Community Development Financial Institutions (CDFI) Fund, a
wholly owned government corporation within the Department of the
Treasury. The BEA Program encourages Insured Depository Institutions to
increase their levels of loans, investments, services, and technical
assistance within Distressed Communities, and financial assistance to
CDFIs through grants, stock purchases, loans, deposits, and other forms
of financial and technical assistance, during a specified period.
I. Funding Opportunity Description
A. Baseline Period and Assessment Period dates: A BEA Program Award
is based on an Applicant's increases in Qualified Activities from the
Baseline Period to the Assessment Period. For the FY 2012 funding
round, the Baseline Period is calendar year 2010 (January 1, 2010
through December 31, 2010), and the Assessment Period is calendar year
2011 (January 1, 2011 through December 31, 2011). If Qualified
Activities in a specific category results in a decrease in activity
from the Baseline Period to the Assessment Period, there is no need to
report the activity.
B. Program regulations: The regulations governing the BEA Program
can be found at 12 CFR part 1806 (the Interim Rule) and provide
guidance on evaluation criteria and other requirements of the BEA
Program. The CDFI Fund encourages Applicants to review the Interim
Rule. Detailed BEA Program requirements are found in the Application
related to this NOFA. Each capitalized term in this NOFA is more fully
defined either in the Interim Rule or the Application.
C. Qualified Activities: Qualified Activities are defined in the
Interim Rule to include CDFI Related Activities, Distressed Community
Financing Activities, and Service Activities (12 CFR 1806.103). CDFI
Related Activities (12 CFR 1806.103(q)) include Equity Investments,
Equity-Like Loans, and CDFI Support Activities). Distressed Community
Financing Activities (12 CFR 1806.103(u)) include Affordable Housing
Loans, Affordable Housing Development Loans and related Project
Investments; Education Loans; Commercial Real Estate Loans and related
Project Investments; Home Improvement Loans; and Small Business Loans
and related Project Investments. Service Activities (12 CFR
1806.103(nn)) include Deposit Liabilities, Financial Services,
Community Services, Targeted Financial Services, and Targeted Retail
Savings/Investment Products.
When calculating BEA Program Award amounts, the CDFI Fund will
count only the amount that an Applicant reasonably expects to disburse
for a Qualified Activity within 12 months from the end of the
Assessment Period. Subject to the requirements outlined in Section VII.
B.1. of this NOFA, in the case of Commercial Real Estate Loans and
related Project Investments, the total principal amount of the
transaction must be $10 million or less to be considered a Qualified
Activity. Notwithstanding the foregoing, the CDFI Fund, in its sole
discretion, may consider transactions with a total principal value of
over $10 million, subject to review.
Activities funded with prior BEA Award dollars, or funded to
satisfy requirements of a BEA Award Agreement from a prior Award shall
not constitute a Qualified Activity for the purposes of calculating or
receiving an Award.
D. Designation of Distressed Community: Each CDFI Partner that is
the recipient of CDFI Support Activities from an Applicant must
designate a Distressed Community. CDFI Partners that receive Equity
Investments are not required to designate Distressed Communities.
Applicants applying for a BEA Program Award for carrying out Distressed
Community Financing Activities or Service Activities must verify that
addresses of both Baseline and Assessment Period activities are in
Distressed Communities when completing their Application. Please note
that a Distressed Community as defined by the BEA Program is not
necessarily the same as an Investment Area as defined by the CDFI
Program or a Low-Income Community as defined by the New Markets Tax
Credit (NMTC) Program.
1. Definition of Distressed Community: A Distressed Community must
meet certain minimum geographic area and distress requirements, which
are defined in the Interim Rule at 12 CFR 1806.103(t) and more fully
described in 12 CFR 1806.200. For the purpose of this NOFA, Distressed
Communities labeled either ``Fully Qualified'' or ``Partially
Qualified'' in the CDFI Fund Mapping System (CIMS) will satisfy the
definition of a Distressed Community as long as the poverty rate is not
less than 20 percent. Applicants should use CIMS to determine whether a
Baseline Period activity or Assessment Period activity is located in a
qualifying Distressed Community.
2. Designation of Distressed Community: A CDFI Partner (as
appropriate) shall designate an area as a Distressed Community by:
(a) Selecting Geographic Units which individually meet the minimum
area eligibility requirements; or
(b) Selecting two or more Geographic Units which, in the aggregate,
meet the minimum area eligibility requirements set forth in paragraph
(1) of this section provided that no Geographic Unit selected by the
Applicant within the area has a poverty rate of less than 20 percent.
A CDFI Partner designates a Distressed Community by submitting a
map of the Distressed Community as described in the BEA Program
Application. CDFI Partners must use CIMS to designate Distressed
Communities. CIMS is accessed through myCDFIFund and contains step-by-
step instructions on how to create and save the aforementioned map of
the Distressed Community. MyCDFIFund is an electronic interface that is
accessed through the CDFI Fund's Web site (www.cdfifund.gov).
Instructions for registering with myCDFIFund are available on the CDFI
Fund's Web site. If you have any questions or problems with
registering, please contact the CDFI Fund IT HelpDesk by telephone at
(202) 622-2455, or by email to ITHelpDesk@cdfi.treas.gov.
3. Persistent Poverty Counties: The Consolidated Appropriations Act
of
[[Page 37743]]
2012 (Pub. L. 112-74) provided that of the funds awarded by the CDFI
Fund in FY 2012, including the FY 2012 BEA Program, not less than 10
percent shall be used for projects that serve populations living in
Persistent Poverty Counties (PPCs). PPCs are defined as any county that
has had 20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial censuses, and
the 2010 American Community Survey census. The specific counties that
qualify as meeting the criteria for ``persistent poverty'' can be found
at: www.cdfifund.gov/persistentpoverty. Applicants that apply under
this NOFA will be required to indicate the minimum and maximum
percentage of the BEA Award that the Applicant will commit to invest in
PPCs.
II. Award Information
A. CDFI Applicants: No CDFI Applicant may receive a FY 2012 Bank
Enterprise Award if it has: (1) An application pending for assistance
under the FY 2012 round of the Community Development Financial
Institutions Program (CDFI Program); (2) Been awarded assistance from
the CDFI Fund under the CDFI Program within the 12-month period prior
to the date the CDFI Fund selects the Applicant to receive a FY 2012
Bank Enterprise Award; or (3) Ever received assistance under the CDFI
Program for the same activities for which it is seeking a FY 2012 Bank
Enterprise Award. Please note that Applicants may apply for both a CDFI
Program Award and a BEA Program Award in FY 2012; however, receiving a
FY 2012 CDFI Program award removes an Applicant from eligibility for a
FY 2012 BEA Program Award.
B. Award amounts: The CDFI Fund expects that it may award
approximately $18 million for FY 2012 BEA Program Awards, in
appropriated funds under this NOFA. The CDFI Fund reserves the right to
award in excess of said funds under this NOFA, provided that the
appropriated funds are available. The CDFI Fund reserves the right to
impose a maximum Award amount; however under no circumstances will an
Award be higher than $2 million for any Awardee. The CDFI Fund also
reserves the right to impose a minimum Award amount due to availability
of funds. Further, 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, or reallocate remaining funds to a future BEA
Program funding round, if the CDFI Fund determines that the number of
Awards made under this NOFA is fewer than projected.
When calculating Award amounts, the CDFI Fund will count only the
amount that an Applicant reasonably expects to disburse on a
transaction within 12 months from the end of the Assessment Period.
C. Types of Awards: BEA Program Awards are made in the form of
grants.
D. Notice of Award and Award Agreement: Each Awardee under this
NOFA must sign a Notice of Award and an Award Agreement prior to
disbursement by the CDFI Fund of Award proceeds. The Notice of Award
and the Award Agreement contains the terms and conditions of the Award.
For further information, see Section VIII of this NOFA.
III. Eligibility
A. Eligible Applicants: Eligible Applicants for the BEA Program
must be Insured Depository Institutions, as defined in Section 3 of the
Federal Deposit Insurance Act 12 U.S.C. 1813(c)(2). An Applicant must
be FDIC-insured as of December 31, 2011 for the FY 2012 funding round
to be eligible for consideration for a BEA Program Award under this
NOFA. For the purposes of this NOFA, an eligible CDFI Applicant is an
Insured Depository Institution that has been certified as a CDFI as of
the end of the applicable Assessment Period. The depository institution
holding company of an Insured Depository Institution may not apply on
behalf of an Insured Depository Institution. Applications received from
depository institution holding companies will be disqualified.
In determining eligibility to receive an Award, the CDFI Fund may
take into consideration the views of the appropriate Federal bank
regulatory agency, as defined in Section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q)). The CDFI Fund may choose not to
approve a BEA Award to an Insured Depository Institution Applicant for
which the appropriate Federal bank regulatory agency indicates safety
and soundness concerns. In addition, the CDFI Fund may take into
consideration Community Reinvestment Act (CRA) assessments of Insured
Depository Institutions and/or their Affiliates.
1. Prior Awardees: Applicants must be aware that success in a prior
round of any of the CDFI Fund's programs is not indicative of success
under this NOFA. For purposes of this section, the CDFI Fund will
consider an Affiliate to be any entity that Controls (as such term is
defined in paragraph (f) below) the Applicant, is Controlled by the
Applicant or is under common Control with the Applicant (as determined
by the CDFI Fund) and any entity otherwise identified as an affiliate
by the Applicant in its Application under this NOFA. Prior BEA Program
Awardees and prior Awardees of other CDFI Fund programs are eligible to
apply under this NOFA, except as follows:
(a) Failure to meet reporting requirements: The CDFI Fund will not
consider an Application submitted by an Applicant if the Applicant or
its Affiliate is a prior CDFI Fund awardee or allocatee under any CDFI
Fund program and is not current on the reporting requirements set forth
in the previously executed Assistance, Award or allocation
agreement(s), as of the Application deadline(s) stated in this NOFA.
Please note that automated systems employed by the CDFI Fund for
receipt of reports submitted electronically typically acknowledge only
a report's receipt; such acknowledgment does not warrant that the
report received was complete and therefore met reporting requirements.
(b) Pending resolution of noncompliance: If an Applicant that is a
prior awardee or allocatee under any CDFI Fund program: (i) Has
submitted complete and timely reports to the CDFI Fund that demonstrate
noncompliance with a previous assistance, award or allocation
agreement, and (ii) the CDFI Fund has yet to make a final determination
as to whether the entity is in default of its previous assistance,
award or allocation agreement, the CDFI Fund will consider the
Applicant's Application under this NOFA pending full resolution, in the
sole determination of the CDFI Fund, of the noncompliance. Further, if
an Affiliate of the Applicant that is a prior CDFI Fund awardee or
allocatee under any CDFI Fund program: (i) Has submitted complete and
timely reports to the CDFI Fund that demonstrate noncompliance with a
previous assistance, award or allocation agreement, and (ii) the CDFI
Fund has yet to make a final determination as to whether the entity is
in default of its previous Assistance, award or allocation agreement,
the CDFI Fund will consider the Applicant's Application under this NOFA
pending full resolution, in the sole determination of the CDFI Fund, of
the noncompliance.
(c) Default status: The CDFI Fund will not consider an Application
submitted by an Applicant that is a prior CDFI
[[Page 37744]]
Fund awardee or allocatee under any CDFI Fund program if, as of the
applicable Application deadline of this NOFA, the CDFI Fund has made a
final determination that such Applicant is in default of a previously
executed assistance, award or allocation agreement(s). Further, an
entity is not eligible to apply for an Award pursuant to this NOFA if,
as of the applicable Application deadline, the CDFI Fund has made a
final determination that an Affiliate of the Applicant: (i) Is a prior
CDFI Fund awardee or allocatee under any CDFI Fund program, and (ii)
has been determined by the CDFI Fund to be in default of a previously
executed Assistance, award or allocation agreement(s). Such entities
will be ineligible to apply for an Award pursuant to this NOFA so long
as the Applicant's, or its Affiliate's, prior award or allocation
remains in default status or such other time period as specified by the
CDFI Fund in writing.
(d) Termination in default: The CDFI Fund will not consider an
Application submitted by an Applicant that is a prior CDFI Fund awardee
or allocatee under any CDFI Fund program if, within the 12-month period
prior to the Application deadline of this NOFA, the CDFI Fund has made
a final determination that such Applicant's prior award or allocation
terminated in default of the assistance, award or allocation agreement
and the CDFI Fund has provided written notification of such
determination to such Applicant. Further, an entity is not eligible to
apply for an Award pursuant to this NOFA if, within the 12-month period
prior to the Application deadline of this NOFA, the CDFI Fund has made
a final determination that an Affiliate of the Applicant is a prior
CDFI Fund awardee or allocatee under any CDFI Fund program whose award
or allocation terminated in default of the assistance, award or
allocation agreement and the CDFI Fund has provided written
notification of such determination to the defaulting entity.
(e) Undisbursed funds: For the purposes of this section, the term
``undisbursed funds'' is defined as: (i) In the case of prior BEA
Program Award(s), any balance of Award funds equal to or greater than
five (5) percent of the total prior BEA Program Award(s) that remains
undisbursed more than three (3) years after the end of the calendar
year in which the CDFI Fund signed an Award Agreement with the Awardee,
or (ii) in the case of prior CDFI Program or other CDFI Fund program
award(s), any balance of award funds equal to or greater than five (5)
percent of the total prior award(s) that remains undisbursed more than
two (2) years after the end of the calendar year in which the CDFI Fund
signed an assistance agreement with the awardee.
The term ``undisbursed funds'' does not include (i) tax credit
allocation authority allocated through the New Markets Tax Credit
Program; (ii) any award funds for which the CDFI Fund received a full
and complete disbursement request from the awardee as of the
Application deadline of this NOFA; or (iii) any award funds for an
award that has been terminated, expired, rescinded, or deobligated by
the CDFI Fund.
The CDFI Fund will not consider an Application submitted by an
Applicant that is a prior CDFI Fund awardee under any CDFI Fund program
if the Applicant has a balance of undisbursed funds under said prior
award(s), as of the Application deadline of this NOFA. Further, an
entity is not eligible to apply for an Award pursuant to this NOFA if
an Affiliate of the Applicant is a prior CDFI Fund awardee under any
CDFI Fund program, and has a balance of undisbursed funds under said
prior Award(s), as of the Application deadline of this NOFA. In the
case where an Affiliate of the Applicant is a prior CDFI Fund awardee
under any CDFI Fund program, and has a balance of undisbursed funds
under said prior award(s), as of the Application deadline of this NOFA,
the CDFI Fund will include the combined awards of the Applicant and
such Affiliates when calculating the amount of undisbursed funds.
(f) Control: For purposes of this NOFA, the term ``Control'' means:
(1) Ownership, control, or power to vote 25 percent or more of the
outstanding shares of any class of voting securities as defined in 12
CFR 1805.104 (mm) of any legal entity, directly or indirectly or acting
through one or more other persons; (2) control in any manner over the
election of a majority of the directors, trustees, or general partners
(or individuals exercising similar functions) of any legal entity; or
(3) the power to exercise, directly or indirectly, a controlling
influence over the management, credit or investment decisions, or
policies of any legal entity.
(g) Contact the CDFI Fund: Accordingly, Applicants that are prior
awardees and/or allocatees under any CDFI Fund program are advised to:
(i) Comply with requirements specified in assistance, award and/or
allocation agreement(s), and (ii) contact the CDFI Fund to ensure that
all necessary actions are underway for the disbursement of any
outstanding balance of a prior award(s). An Applicant that is unsure
about the disbursement status of any prior award should contact the
CDFI Fund by sending an email to cdfihelp@cdfi.treas.gov. All
outstanding reports and compliance questions should be directed to
Certification, Compliance Monitoring, and Evaluation support by email
at ccme@cdfi.treas.gov or by telephone at (202) 622-6330. The CDFI Fund
will respond to Applicants' reporting, compliance, or disbursement
questions between the hours of 9 a.m. and 5 p.m. ET, starting on the
date of the publication of this NOFA through July 25, 2012. The CDFI
Fund will not respond to Applicants' reporting, compliance, or
disbursement telephone calls or email inquiries that are received after
5 p.m. ET on July 25, 2012 until after the Application deadline. The
CDFI Fund will respond to technical issues related to myCDFIFund
Accounts through 5 p.m. ET on July 27 2012.
2. Cost sharing and matching fund requirements: Not applicable.
IV. Application and Submission Information
A. Application Content Requirements: Detailed Application content
requirements are found in the Application related to this NOFA.
Applicants must submit all materials described in and required by the
Application by the applicable deadlines. Additional information,
including instructions relating to the submission of the Application
via Grants.gov, the FY 2012 BEA Signature Page via myCDFIFund, and
supporting documentation, is set forth in further detail in the
Application.
Please note that, pursuant to OMB guidance (68 FR 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), with a letter or other documentation from
the Internal Revenue Service (IRS) confirming the EIN. Applicants
should allow sufficient time for the IRS and/or Dun and Bradstreet to
respond to inquiries and/or requests for identification numbers. EINs
and DUNS numbers must match the information in the Applicant's CCR
account. An active CCR account is required to submit Applications via
Grants.gov. Neither the CCR account, EIN nor the DUNS number can be
that of the depository institution holding company of the Applicant. An
Application that does not include an EIN or DUNS number is incomplete
and cannot be transmitted to the CDFI Fund. The preceding sentences
[[Page 37745]]
do not limit the CDFI Fund's ability to contact an Applicant for the
purpose of confirming or clarifying information regarding a DUNS number
or EIN number. Once an Application is submitted, the Applicant will not
be allowed to change any element of the Application.
As set forth in further detail in the Application, any Qualified
Activity missing the required documentation will be disqualified.
Applicants will not be allowed to submit missing documentation for
Qualified Activities after the Application deadline.
B. Form of Application Submission: Applicants must submit
Applications under this NOFA via Grants.gov with certain required
documentation via paper according to the instructions in the
Application. Applications sent by facsimile or by email will not be
accepted, except in circumstances that the CDFI Fund, in its sole
discretion, deems acceptable. In order to submit an Application via
Grants.gov, Applicants must complete a multi-step registration process.
This includes registration at CCR.gov. Applicants are advised to make
sure their CCR account is active and valid well in advance of
submitting an Application via Grants.gov and to allow ample time to
complete the entire registration and submission process.
MyCDFIFund Accounts: All Applicants and CDFI Partners must complete
a FY 2012 BEA Signature Page in myCDFIFund. All Applicants and CDFI
Partners must register User and Organization accounts in myCDFIFund,
the CDFI Fund's Internet-based interface by the applicable Application
deadline. Failure to register and complete a FY 2012 BEA Signature Page
in myCDFIFund could result in the CDFI Fund being unable to accept the
Application. As myCDFIFund is the CDFI Fund's primary means of
communication with Applicants and Awardees, organizations must make
sure that they update the contact information in their myCDFIFund
accounts. For more information on myCDFIFund, please see the
``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
Qualified Activity documentation and other attachments as specified
in the applicable BEA Program Application must be sent to: Bureau of
the Public Debt, CDFI Fund--BEA Program Awards Management, A3-H, BPD
Warehouse & Op Center Dock 1, 257 Bosley Industrial Park Drive,
Parkersburg, WV 26101. The telephone number to be used in conjunction
with overnight mailings to this address is (304) 480-8071. The CDFI
Fund will not accept Applications in its offices in Washington, DC.
Applications and attachments received in the CDFI Fund's Washington,
DC, office will be rejected.
C. Application Deadlines: The deadline for receipt of Applications
via Grants.gov for the FY 2012 funding round is 11:59 p.m. ET on July
27, 2012. The deadline for the submission of the FY 2012 BEA Signature
Page via myCDFIFund for the FY 2012 funding round is 5:00 p.m. ET on
July 27, 2012. The deadline for receipt of paper documentation at the
Bureau of Public Debt address specified above is 5 p.m. ET, July 31,
2012. Applications and other required documents and other attachments
received after the deadline on the applicable date will be rejected.
Please note that the document submission deadlines in this NOFA and the
funding Application are strictly enforced. The CDFI Fund will not grant
exceptions or waivers for late delivery of documents including, but not
limited to, late delivery that is caused by third parties such as the
United States Postal Service, couriers or overnight delivery services.
D. 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 BEA Program
funding Application has been assigned the following control number:
1559-0005.
V. Intergovernmental Review: Not Applicable
VI. Funding Restrictions: Not Applicable
VII. Application Review Information
A. CDFI Related Activities: CDFI Related Activities include Equity
Investments, Equity-Like Loans, and CDFI Support Activities provided to
eligible CDFI Partners. In addition to regulatory requirements, this
NOFA provides the following:
1. Eligible CDFI Partner: CDFI Partner is defined as a CDFI that
has been provided assistance in the form of CDFI Related Activities by
an Applicant (12 CFR 1806.103(p)). For the purposes of this NOFA, an
eligible CDFI Partner is an entity that has been certified as a CDFI as
of the end of the applicable Assessment Period and is Integrally
Involved in a Distressed Community.
2. Integrally Involved is defined as having provided: (i) At least
ten percent of financial transactions or dollars transacted (e.g.,
loans or equity investments as defined in 12 CFR 1805.104(t)), or ten
percent of Development Service activities (as defined in 12 CFR
1805.104(s)), in the Distressed Community identified by the Applicant
or the CDFI Partner, as applicable, in each of the three calendar years
preceding the date of the applicable NOFA, (ii) having transacted at
least twenty-five percent of financial transactions (e.g., loans or
equity investments) in said Distressed Community in at least one of the
three calendar years preceding the date of the applicable NOFA, or
(iii) demonstrating that it has attained at least ten percent of market
share for a particular product in said Distressed Community (such as at
least ten percent of home mortgages originated in said Distressed
Community) in at least one of the three calendar years preceding the
date of the applicable NOFA.
3. Limitations on eligible Qualified Activities provided to certain
CDFI Partners: An Applicant that is also a CDFI cannot receive credit
for any financial assistance or Qualified Activities provided to a CDFI
Partner that is also an FDIC-insured depository institution or
depository institution holding company.
4. Certificates of Deposit: Section 1806.103(r) of the Interim Rule
states that any certificate of deposit placed by an Applicant or its
Subsidiary in a CDFI that is a bank, thrift, or credit union must be:
(i) Uninsured and committed for at least three years; or (ii) insured,
committed for a term of at least three years, and provided at an
interest rate that is materially below market rates, in the
determination of the CDFI Fund.
(a) For purposes of this NOFA, ``materially below market interest
rate'' is defined as an annual percentage rate that does not exceed 100
percent of yields on Treasury securities at constant maturity as
interpolated by Treasury from the daily yield curve and available on
the Treasury Web site at www.treas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml. For example, for a three-year
certificate of deposit, Applicants should use the three-year rate U.S.
Government securities, Treasury Yield Curve Rate posted for that
business day. The Treasury updates the Web site daily at approximately
5:30 p.m. ET. Certificates of deposit placed prior to that time may use
the rate posted for the previous business day. The annual percentage
rate on a certificate of deposit should be compounded quarterly, semi-
annually, or annually. (b) For purposes of this NOFA, a deposit placed
by an Applicant directly with a
[[Page 37746]]
CDFI Partner that participates in a deposit network or service may be
treated as eligible under this NOFA if it otherwise meets the criteria
for deposits in 1806.103(r) and the CDFI Partner retains the full
amount of the initial deposit or an amount equivalent to the full
amount of the initial deposit through a deposit network exchange
transaction.
5. Equity-Like Loans: An Equity-Like Loan is a loan provided by an
Applicant or its Subsidiary to a CDFI, and made on such terms that it
has characteristics of an Equity Investment, as such characteristics
may be specified by the CDFI Fund (12 CFR 1806.103(z)). For purposes of
this NOFA, Equity-Like Loans must meet the following characteristics:
(a) At the end of the initial term, the loan must have a definite
rolling maturity date that is automatically extended on an annual basis
if the CDFI borrower continues to be financially sound and carry out a
community development mission;
(b) Periodic payments of interest and/or principal may only be made
out of the CDFI borrower's available cash flow after satisfying all
other obligations;
(c) Failure to pay principal or interest (except at maturity) will
not automatically result in a default of the loan agreement; and
(d) The loan must be subordinated to all other debt except for
other Equity-Like Loans. Notwithstanding the foregoing, the CDFI Fund
reserves the right to determine, in its sole discretion and on a case-
by-case basis, whether an instrument meets the above-stated
characteristics of an Equity-Like Loan.
6. CDFI Program Matching Funds: Equity Investments, Equity-Like
Loans, and CDFI Support Activities (except technical assistance)
provided by a BEA Applicant to a CDFI and used by the CDFI for matching
funds under the CDFI Program are eligible as a Qualified Activity under
the CDFI Related Activity category.
B. Distressed Community Financing Activities and Service
Activities: Distressed Community Financing Activities include
Affordable Housing Loans, Affordable Housing Development Loans and
related Project Investments, Education Loans, Commercial Real Estate
Loans and related Project Investments, Home Improvement Loans, and
Small Business Loans and related Project Investments (12 CFR
1806.103(u)). In addition to the regulatory requirements, this NOFA
provides the following additional requirements:
1. Commercial Real Estate Loans and related Project Investments:
For purposes of this NOFA, eligible Commercial Real Estate Loans (12
CFR 1806.103(l)) and related Project Investments (12 CFR 1806.103(ll))
are generally limited to transactions with a total principal value of
$10 million or less. Notwithstanding the foregoing, the CDFI Fund, in
its sole discretion, may consider transactions with a total principal
value of over $10 million, subject to review. For such transactions,
Applicants must provide a separate narrative, or other information, to
demonstrate that the proposed project offers, or significantly enhances
the quality of, a facility or service not currently provided to the
Distressed Community.
2. Reporting certain Financial Services: The CDFI Fund will value
the administrative cost of providing certain Financial Services using
the following per unit values:
(a) $100.00 per account for Targeted Financial Services;
(b) $50.00 per account for checking and savings accounts that do
not meet the definition of Targeted Financial Services;
(c) $5.00 per check cashing transaction;
(d) $25,000 per new ATM installed at a location in a Distressed
Community;
(e) $2,500 per ATM operated at a location in a Distressed
Community;
(f) $250,000 per new retail bank branch office opened in a
Distressed Community; and
(g) In the case of Applicants engaging in Financial Services
activities not described above, the CDFI Fund will determine the unit
value of such services.
(i) When reporting the opening of a new retail bank branch office,
the Applicant must certify that it has not operated a retail branch in
the same Distressed Community in which the new retail branch office is
being opened in the past three years, and that such new branch will
remain in operation for at least the next five years.
(ii) Financial Service Activities must be provided by the Applicant
to Low- and Moderate- Income Residents. An Applicant may determine the
number of Low- and Moderate-Income individuals who are recipients of
Financial Services by either: (i) Collecting income data on its
Financial Services customers; or (ii) certifying that the Applicant
reasonably believes that such customers are Low- and Moderate-Income
individuals and providing a brief analytical narrative with information
describing how the Applicant made this determination.
(iii) When reporting changes in the dollar amount of deposit
accounts, only calculate the net change in the total dollar amount of
eligible Deposit Liabilities between the Baseline Period and the
Assessment Period. Do not report each individual deposit. If the net
change between the Baseline Period and Assessment Period is a negative
dollar amount, then a negative dollar amount may be recorded.
Instructions for determining the net change is available on the CDFI
Fund's Web site.
C. Priority Factors: Priority Factors are the numeric values
assigned to individual types of activity within: (i) The Distressed
Community Financing, and (ii) Services categories of Qualified
Activities. For the purposes of this NOFA, Priority Factors will be
based on the Applicant's asset size as of the end of the Assessment
Period (December 31, 2011) as reported by the Applicant in the
Application. Asset size classes (i.e., small banks, intermediate-small
banks, and large banks) will correspond to the CRA asset size classes
set by the three Federal bank regulatory agencies and that were
effective as of the end of the Assessment Period. The Priority Factor
works by multiplying the change in a Qualified Activity by the assigned
Priority Factor to achieve a ``weighted value.'' This weighted value of
the change would be multiplied by the applicable Award percentage to
yield the Award amount for that particular activity. For purposes of
this NOFA, the CDFI Fund is establishing Priority Factors based on
Applicant asset size to be applied to all activity within the
Distressed Community Financing Activities and Service Activities
categories only, as follows:
------------------------------------------------------------------------
Priority
CRA asset size classification factor
------------------------------------------------------------------------
Small banks (assets of less than $280 million as of 12/31/ 5.0
2011).......................................................
Intermediate-small banks (assets of at least $280 million but 3.0
less than $1.122 billion as of 12/31/2011)..................
Large banks (assets of $1.122 billion or greater as of 12/31/ 1.0
2011).......................................................
------------------------------------------------------------------------
D. Certain Limitations on Qualified Activities:
1. Low-Income Housing Tax Credits. Financial assistance provided by
an Applicant for which the Applicant receives benefits through Low-
Income Housing Tax Credits, authorized pursuant to Section 42 of the
Internal Revenue Code, as amended (26 U.S.C. 42), shall not constitute
an Equity Investment, Project Investment, or other Qualified Activity,
for the purposes of calculating or receiving a Bank Enterprise Award.
[[Page 37747]]
2. New Markets Tax Credits. Financial assistance provided by an
Applicant for which the Applicant receives benefits as an investor in a
Community Development Entity that has received an allocation of New
Markets Tax Credits, authorized pursuant to Section 45D of the Internal
Revenue Code, as amended (26 U.S.C. 45D), shall not constitute an
Equity Investment, Project Investment, or other Qualified Activity, for
the purposes of calculating or receiving a Bank Enterprise Award.
3. Loan Renewals and Refinances. Financial assistance provided by
an Applicant shall not constitute a Qualified Activity, as defined in
this part, for the purposes of calculating or receiving an Award if,
such financial assistances consists of a loan to a borrower that has
matured and is then renewed by the Applicant, or consists of a loan to
a borrower that is retired or restructured using the proceeds of a new
commitment by the Applicant. Payoff of a separate third party
obligations will only be considered a Qualified Activity if the payoff
of a transaction is part of the sale of property or business to an
unaffiliated party to the borrower. Applicants should include a
narrative statement to describe any such transactions. Otherwise the
transaction will be disqualified.
4. Prior BEA Awards. Qualified Activities funded with prior funding
round Award dollars or funded to satisfy requirements of the BEA
Program Award Agreement shall not constitute a Qualified Activity for
the purposes of calculating or receiving an Award.
5. Prior CDFI Program Awards. No CDFI may receive a BEA Program
Award for activities funded by a CDFI Program Award.
E. Award percentages, Award amounts, selection process: The Interim
Rule describes the process for selecting Applicants to receive BEA
Program Awards and determining Award amounts. Applicants will calculate
and request an estimated Award amount in accordance with a multiple
step procedure that is outlined in the Interim Rule (at 12 CFR
1806.202). As outlined in the Interim Rule at 12 CFR 1806.203, the CDFI
Fund will determine actual Award amounts based on the availability of
funds, increases in Qualified Activities from the Baseline Period to
the Assessment Period, and each Applicant's priority ranking. In
calculating the increase in Qualified Activities, the CDFI Fund will
determine the eligibility of each transaction for which an Applicant
has applied for a BEA Program Award. In some cases, the actual Award
amount calculated by the CDFI Fund may not be the same as the estimated
Award amount requested by the Applicant.
Should the CDFI Fund determine, upon analysis of the final BEA
Awardee pool, that it has not achieved the 10 percent persistent
poverty requirement mandated by Congress, this information will affect
the ranking of Applications and/or the size of an Award. In this case,
Award preference will be given to Applicants that commit to targeting a
minimum of 10 percent of Award dollars to be invested in BEA Qualified
Activities in persistent poverty count to ensure that this
Congressional mandate is achieved. If an organization is selected to
receive a BEA Award through the FY 2012 funding round, the stated
commitment to serving PPCs will be incorporated in your organization's
Award agreement and performance goals. Awardees may be held to the
minimum and up to the maximum PPC commitment articulated in the
application. No applicant, however, will be disqualified from
consideration if it does not make a commitment to a BEA Persistent
Poverty County.
In the CDFI Related Activities category (except for an Equity
Investment or Equity-Like Loan), if an Applicant is a CDFI, such
estimated Award amount will be equal to 18 percent of the increase in
Qualified Activity for the category. If an Applicant is not a CDFI,
such estimated Award amount will be equal to 6 percent of the increase
in Qualified Activity for the category. Notwithstanding the foregoing,
for an Applicant that is a CDFI and for an Applicant that is not a
CDFI, the Award percentage applicable to an Equity Investment, Equity-
Like Loan, or Grant in a CDFI shall be 15 percent of the increase in
Qualified Activity for the category. For the Distressed Community
Financing Activities and Service Activities categories, if an Applicant
is a CDFI, such estimated Award amount will be equal to 9 percent of
the weighted value of the increase in Qualified Activity for the
category. If an Applicant is not a CDFI, such estimated Award amount
will be equal to 3 percent of the weighted value of the increase in
Qualified Activity for the category.
If the amount of funds available during the funding round is
insufficient for all estimated Award amounts, Awardees will be selected
based on the process described in the Interim Rule at 12 CFR
1806.203(b). This process gives funding priority to Applicants that
undertake activities in the following order: (i) CDFI Related
Activities, (ii) Distressed Community Financing Activities, and (iii)
Service Activities, as described in the Interim Rule at 12 CFR
1806.203(c).
Within each category, Applicants that are certified CDFIs will be
ranked first according to the ratio of the actual Award amount
calculated by the CDFI Fund for the category to the total assets of the
Applicant, followed by Applicants that are not certified CDFIs
according to the ratio of the actual Award amount calculated by the
CDFI Fund for the category to the total assets of the Applicant.
The CDFI Fund, in its sole discretion: (i) May adjust the estimated
Award amount that an Applicant may receive; (ii) may establish a
maximum amount that may be awarded to an Applicant; and (iii) reserves
the right to limit the amount of an Award to any Applicant if the CDFI
Fund deems it appropriate.
For purposes of calculating Award disbursement amounts, the CDFI
Fund will treat Qualified Activities with a total principal amount less
than or equal to $250,000 as fully disbursed. For all other Qualified
Activities, Awardees will have 12 months from the end of the Assessment
Period to make disbursements and 18 months from the end of the
Assessment Period to submit to the CDFI Fund disbursement requests for
the corresponding portion of their Awards, after which the CDFI Fund
will rescind and deobligate any outstanding Award balance and said
outstanding Award balance will no longer be available to the Awardee.
The CDFI Fund reserves the right to contact the Applicant to
confirm or clarify information. If contacted, the Applicant must
respond within the CDFI Fund's time parameters or run the risk of being
rejected.
The CDFI Fund reserves the right to change its eligibility and
evaluation criteria and procedures. If said changes materially affect
the CDFI Fund's Award decisions, the CDFI Fund will provide information
regarding the changes through the CDFI Fund's Web site.
There is no right to appeal the CDFI Fund's Award decisions. The
CDFI Fund's Award decisions are final. The CDFI Fund does not provide
debriefings and will only respond to questions regarding an Award
decision 30 days prior to the end of the applicable fiscal year.
VIII. Award Administration Information
A. Notice of Award: The CDFI Fund will signify its selection of an
Applicant as an Awardee by delivering a Notice of Award and Award
Agreement to the Applicant. The Notice of Award and Award Agreement
will contain the general terms and conditions underlying
[[Page 37748]]
the CDFI Fund's provision of an Award. The Applicant must execute the
Notice of Award and Award Agreement and return it to the CDFI Fund.
Each Awardee must also provide the CDFI Fund with complete and accurate
banking information on the Automated Clearinghouse (ACH) form. The ACH
form must be returned with the Notice of Award and Award Agreement.
The CDFI Fund reserves the right, in its sole discretion, to
rescind the Award, the Notice of Award and Award Agreement if the
Awardee fails to return the Notice of Award and Award Agreement signed
by the Authorized Representative of the Awardee or any other requested
documentation by the deadline set by the CDFI Fund.
By executing a Notice of Award and Award Agreement, the Awardee
agrees that, if information (including administrative errors) comes to
the attention of the CDFI Fund prior to the Effective Date of the Award
Agreement, that either adversely affects the Awardee's eligibility for
an Award, or adversely affects the CDFI Fund's evaluation of the
Awardee's Application, or indicates fraud or mismanagement on the part
of the Awardee, the CDFI Fund may, in its discretion and without
advance notice to the Awardee, terminate the Notice of Award and Award
Agreement or take other actions as it deems appropriate.
1. Failure to meet reporting requirements: If an Applicant, or its
Affiliate, is a prior CDFI Fund awardee or allocatee under any CDFI
Fund program and is not current on the reporting requirements set forth
in the previously executed assistance, award or allocation
agreement(s), as of the date of the Notice of Award, the CDFI Fund
reserves the right, in its sole discretion, to delay entering into an
Award Agreement and/or to delay making a disbursement of Award
proceeds, until said prior awardee or allocatee is current on the
reporting requirements in the previously executed assistance, award or
allocation agreement(s). Please note that automated systems employed by
the CDFI Fund for receipt of reports submitted electronically typically
acknowledge only a report's receipt; such acknowledgment does not
warrant that the report received was complete and therefore met
reporting requirements. If said prior awardee or allocatee is unable to
meet this requirement within the timeframe set by the CDFI Fund, the
CDFI Fund reserves the right, in its sole discretion, to terminate and
rescind the Notice of Award and the Award made under this NOFA.
2. Pending resolution of noncompliance: If an Applicant is a prior
CDFI Fund awardee or allocatee under any CDFI Fund program and if: (i)
It has submitted complete and timely reports to the CDFI Fund that
demonstrate noncompliance with a previous assistance, award, or
allocation agreement, and (ii) the CDFI Fund has yet to make a final
determination regarding whether or not the entity is in default of its
previous assistance, award, or allocation agreement, the CDFI Fund
reserves the right, in its sole discretion, to delay entering into an
Award Agreement and/or to delay making a disbursement of Award
proceeds, pending full resolution, in the sole determination of the
CDFI Fund, of the noncompliance. Further, if an Affiliate of the
Applicant is a prior CDFI Fund awardee or allocatee under any CDFI Fund
program, and if such entity: (i) Has submitted complete and timely
reports to the CDFI Fund that demonstrate noncompliance with a previous
assistance, award, or allocation agreement, and (ii) the CDFI Fund has
yet to make a final determination as to whether the entity is in
default of its previous assistance, award, or allocation agreement, the
CDFI Fund reserves the right, in its sole discretion, to delay entering
into an Award Agreement and/or to delay making a disbursement of Award
proceeds pending full resolution, in the sole determination of the CDFI
Fund, of the noncompliance. If said prior awardee or allocatee is
unable to meet this requirement, in the sole determination of the CDFI
Fund, the CDFI Fund reserves the right, in its sole discretion, to
terminate and rescind the Notice of Award and the Award made under this
NOFA.
3. Default status: If, at any time prior to entering into an Award
Agreement under this NOFA, the CDFI Fund has made a final determination
that an Applicant that is a prior CDFI Fund awardee or allocatee under
any CDFI Fund program is in default of a previously executed
assistance, award, or allocation agreement(s) and has provided written
notification of such determination to the Applicant, the CDFI Fund
reserves the right, in its sole discretion, to delay entering into an
Award Agreement and/or to delay making a disbursement of Award proceeds
until said prior awardee or allocatee has submitted a complete and
timely report demonstrating full compliance with said Agreement within
a timeframe set by the CDFI Fund. Further, if, at any time prior to
entering into an Award Agreement under this NOFA, the CDFI Fund has
made a final determination that an Affiliate of the Applicant is a
prior CDFI Fund awardee or allocatee under any CDFI Fund program, is in
default of a previously executed assistance, allocation or award
agreement(s), and has provided written notification of such
determination to the defaulting entity, the CDFI Fund reserves the
right, in its sole discretion, to delay entering into an Award
Agreement and/or to delay making a disbursement of Award proceeds until
said prior awardee or allocatee has submitted a complete and timely
report demonstrating full compliance with said agreement within a
timeframe set by the CDFI Fund. If said prior awardee or allocatee is
unable to meet this requirement, the CDFI Fund reserves the right, in
its sole discretion, to terminate and rescind the Notice of Award and
the Award made under this NOFA.
4. Termination in default: If, within the 12-month period prior to
entering into an Award Agreement under this NOFA, the CDFI Fund has
made a final determination that an Applicant that is a prior CDFI Fund
awardee or allocatee under any CDFI Fund program whose award or
allocation terminated in default of such prior agreement and the CDFI
Fund has provided written notification of such determination to such
organization, the CDFI Fund reserves the right, in its sole discretion,
to delay entering into an Award Agreement and/or to delay making a
disbursement of Award proceeds. Further, if, within the 12-month period
prior to entering into an Award Agreement under this NOFA, the CDFI
Fund has made a final determination that an Affiliate of the Applicant
is a prior CDFI Fund awardee or allocatee under any CDFI Fund program,
and whose award or allocation terminated in default of such prior
agreement(s) and has provided written notification of such
determination to the defaulting entity, the CDFI Fund reserves the
right, in its sole discretion, to delay entering into an Award
Agreement and/or to delay making a disbursement of Award proceeds.
B. Award Agreement: After the CDFI Fund selects an Awardee, unless
an exception detailed in this NOFA applies, the CDFI Fund and the
Awardee will enter into an Award Agreement. The Award Agreement will
set forth certain required terms and conditions of the Award, which
will include, but not be limited to: (i) The amount of the Award; (ii)
the type of the Award; (iii) the approved uses of the Award; (iv)
performance goals and measures; and (v) reporting requirements for all
Awardees. Award Agreements under this NOFA generally
[[Page 37749]]
will have one-year performance periods. The Award Agreement shall
provide that an Awardee shall: (i) Carry out its Qualified Activities
in accordance with applicable law, the approved Application, and all
other applicable requirements; (ii) not receive any monies until the
CDFI Fund has determined that the Awardee has fulfilled all applicable
requirements, and (iii) use an amount equivalent to the BEA Award
amount for BEA Qualified Activities.
C. Administrative and National Policy Requirements: Not applicable.
D. Reporting and Accounting:
1. Awardees Without Persistent Poverty County Commitments: The CDFI
Fund will require each Awardee without persistent poverty commitments
that receives an Award over $50,000 through this NOFA to account for
the use of the Award. This will require Awardees to establish
administrative and accounting controls, subject to applicable OMB
Circulars. The CDFI Fund will collect information from each such
Awardee on its use of the Award at least once following the Award and
more often if deemed appropriate by the CDFI Fund in its sole
discretion. The CDFI Fund will provide guidance to Awardees outlining
the format and content of the information to be provided, outlining and
describing how the funds were used.
2. Awardees With Persistent Poverty County Commitments: The CDFI
Fund will require each Awardee with persistent poverty county
commitments, regardless of Award size, to report data for Award funds
deployed in persistent poverty counties and maintain proper supporting
documentation and records which are subject to review by the CDFI
Fund's Certification, Compliance Monitoring and Evaluation unit.
IX. Agency Contacts
The CDFI Fund will respond to questions and provide support
concerning this NOFA and the funding Application between the hours of 9
a.m. and 5 p.m. ET, starting on the date of the publication of this
NOFA through close of business July 25, 2012 for the FY 2012 funding
round. The CDFI Fund will not respond to Applicants' reporting,
compliance or disbursement telephone calls or email inquiries that are
received after 5 p.m. ET on July 25, 2012 until after the Application
deadline. The CDFI Fund will respond to technical issues related to
myCDFIFund accounts through 5 p.m. ET on July 27, 2012.
Applications and other information regarding the CDFI Fund and its
programs may be downloaded and printed from the CDFI Fund's Web site at
www.cdfifund.gov. The CDFI Fund will post responses to questions of
general applicability regarding the BEA Program on its Web site.
A. Information Technology Support: Technical support can be
obtained by calling (202) 622-2455 or by email at
ithelpdesk@cdfi.treas.gov. People who have visual or mobility
impairments that prevent them from creating a Distressed Community map
using the CDFI Fund's Web site should call (202) 622-2455 for
assistance. These are not toll free numbers.
B. Application Support: If you have any questions about the
programmatic or administrative requirements of this NOFA, contact the
CDFI Fund's BEA Program office by email at cdfihelp@cdfi.treas.gov, by
telephone at (202) 622-6355, by facsimile at (202) 622-7754, or by mail
at CDFI Fund, 601 13th Street NW., Suite 200 South, Washington, DC
20005. The number provided is not toll-free.
C. Certification, Compliance Monitoring and Evaluation Support: If
you have any questions regarding the compliance requirements of this
NOFA, including questions regarding performance on prior Awards,
contact the CDFI Fund's CCME Unit by email at ccme@cdfi.treas.gov or by
telephone at (202) 622-6330. The number provided is not toll-free.
D. Communication with the CDFI Fund: The CDFI Fund will use its
myCDFIFund Internet interface to communicate with Applicants and
Awardees under this NOFA. Awardees must use myCDFIFund to submit
required reports. The CDFI Fund will notify Awardees by email using the
addresses maintained in each Awardee's myCDFIFund account. Therefore,
an Awardee and any Subsidiaries, signatories, and Affiliates must
maintain accurate contact information (including contact person and
authorized representative, email addresses, fax numbers, phone numbers,
and office addresses) in their myCDFIFund account(s). For more
information about myCDFIFund, please see the Help documents posted at
https://www.cdfifund.gov/myCDFI/Help/Help.asp.
Authority: 12 U.S.C. 1834a, 4703, 4703 note, 4713; 12 CFR part
1806.
Dated: June 14, 2012.
Donna J. Gambrell,
Director, Community Development Financial Institutions Fund.
[FR Doc. 2012-15282 Filed 6-21-12; 8:45 am]
BILLING CODE 4810-70-P