Notice of Funding Availability (NOFA) of Applications for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year (FY) 2012, 42258-42265 [2012-17462]
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Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Notices
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Secretary’s Advisory Committee on
poultry health. The Committee serves as
a forum for the study of problems
relating to poultry health and, as
necessary, makes specific
recommendations to the Secretary
concerning ways the U.S. Department of
Agriculture may assist the industry in
addressing these problems. The
Committee assists the Department in
planning, organizing, and conducting
the Biennial Conference of the NPIP.
The Committee recommends whether
new proposals should be considered by
the delegates to the Biennial Conference
and serves as a direct liaison between
the NPIP and the United States Animal
Health Association.
Terms will expire for current regional
members of the Committee in
September 2012. We are soliciting
nominations from interested
organizations and individuals to replace
members on the Committee for the
South Atlantic Region (Delaware,
District of Columbia, Florida, Georgia,
Maryland, North Carolina, Puerto Rico,
South Carolina, Virginia, and West
Virginia), South Central Region
(Alabama, Arkansas, Kentucky,
Louisiana, Mississippi, Oklahoma,
Tennessee, and Texas), and West North
Central Region (Iowa, Kansas,
Minnesota, Missouri, Nebraska, North
Dakota, and South Dakota). There must
be at least two nominees for each
position. Nomination forms are
available on the Internet at https://
www.ocio.usda.gov/forms/doc/AD–
755.pdf or may be obtained from the
person listed under FOR FURTHER
INFORMATION CONTACT. To ensure the
recommendations of the Committee
have taken into account the needs of the
diverse groups served by the
Department, membership should
include, to the extent practicable,
individuals with demonstrated ability to
represent underrepresented groups
(minorities, women, and persons with
disabilities). At least one nominee from
each of the three regions must be from
an underrepresented group. The voting
will be by secret ballot of official
delegates from the respective region,
and the results will be recorded.
Done in Washington, DC, this 12th day of
July 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–17534 Filed 7–17–12; 8:45 am]
BILLING CODE 3410–34–P
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA)
of Applications for Section 514 Farm
Labor Housing Loans and Section 516
Farm Labor Housing Grants for OffFarm Housing for Fiscal Year (FY) 2012
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
This Notice announces the
timeframe to submit pre-applications for
Section 514 Farm Labor Housing (FLH)
loans and Section 516 FLH grants for
the construction of new off-farm FLH
units and related facilities for domestic
farm laborers and for the purchase and
substantial rehabilitation of an existing
non-farm labor housing (FLH) property.
The intended purpose of these loans
and grants is to increase the number of
available housing units for domestic
farm laborers. This Notice describes the
method used to distribute funds, the
application process, and submission
requirements.
DATES: The deadline for receipt of all
applications in response to this Notice
is 5:00 p.m., local time to the
appropriate Rural Development State
Office on September 17, 2012. The
application closing deadline is firm as
to date and hour. Rural Development
will not consider any application that is
received after the closing deadline
unless date and time is extended by
another Notice published in the Federal
Register. Applicants intending to mail
applications must provide sufficient
time to permit delivery on or before the
closing deadline. Acceptance by a post
office or private mailer does not
constitute delivery. Facsimile (FAX) and
postage due applications will not be
accepted.
Applicants wishing to apply for
assistance must contact the Rural
Development State Office serving the
State of the proposed off-farm labor
housing project in order to receive
further information and copies of the
application package. Rural Development
will date and time stamp incoming
applications to evidence timely receipt
and, upon request, will provide the
applicant with a written
acknowledgment of receipt. A listing of
Rural Development State Offices, their
addresses, telephone numbers, and
person to contact is under Section VII of
this Notice.
FOR FURTHER INFORMATION CONTACT:
Mirna Reyes-Bible, Finance and Loan
Analyst, Multi-Family Housing
Preservation and Direct Loan Division,
STOP 0781 (Room 1243–S), USDA,
SUMMARY:
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Rural Development, 1400 Independence
Avenue SW., Washington, DC 20250–
0781, telephone: (202) 720–1753 (This is
not a toll free number), or via email:
Mirna.ReyesBible@wdc.usda.gov. If you
have questions regarding Net Zero
Energy Consumption and Energy
Generation please contact Carlton
Jarratt, Finance and Loan Analyst,
Multi-Family Housing Preservation and
Direct Loan Division at (804) 287–1524
or via email:
carlton.jarrat@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The reporting requirements contained
in this Notice have been approved by
the Office of Management and Budget
under Control Number 0575–0189.
Overview Information
Federal Agency Name: Rural
Development.
Funding Opportunity Title: NOFA for
Section 514 Farm Labor Housing Loans
and Section 516 Farm Labor Housing
Grants for Off-Farm Housing for Fiscal
Year 2012.
Announcement Type: Initial Notice
inviting applications from qualified
applicants for Fiscal Year 2012.
Catalog of Federal Domestic Assistance
Numbers (CFDA): 10.405 and 10.427.
The deadline for receipt of all
applications in response to this is 5
p.m., local time to the appropriate Rural
Development State Office on September
17, 2012. The application closing
deadline is firm as to date and hour.
Rural Development will not consider
any application that is received after the
closing deadline unless the date and
time is extended by another Notice
published in the Federal Register.
Applicants intending to mail
applications must provide sufficient
time to permit delivery on or before the
closing deadline. Acceptance by a post
office or private mailer does not
constitute delivery. Facsimile (FAX) and
postage due applications will not be
accepted.
DATES:
I. Funding Opportunities Description
The funds available for FY 2012 OffFarm Labor Housing are $20,790,629.57
for Section 514 loans, up to $7,100,000
for Section 516 grants, and $2,500,000
for FLH Rental Assistance.
II. Award Information
Applications for FY 2012 will only be
accepted through the date and time
listed in this Notice. Depending on the
feasibility of the loan underwriting,
final loan and grant levels may fluctuate
from the initial amount considered with
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the pre-application, and all awards are
subject to availability of funding. Once
the Agency has committed 70 percent of
the available FY 2012 program funds to
new construction applications, no
further funding will be available for new
construction applications until after
August 31, 2012. If funding is available
after August 31, 2012, then new
construction applications will be
considered and compete for funding
using this NOFA’s scoring criteria
without regard to the aforementioned
funding limitations. Individual requests
may not exceed $3 million (total loan
and grant). No State may receive more
than 30 percent of available FLH
funding distributed in FY 2012. If there
are insufficient applications from
around the country to exhaust Sections
514 and 516 funds available, the Agency
may then exceed the 30 percent cap per
State. Section 516 off-farm FLH grants
may not exceed 90 percent of the total
development cost (TDC) of the housing
as defined in 7 CFR part 3560.11.
Applicants that will use leveraged
funding must include in the preapplication written evidence from the
third-party funder that an application
for those funds has been submitted and
accepted. If leveraged funds are in the
form of tax credits, the applicant must
include in its pre-application written
evidence that a tax credit application
has been submitted and accepted by the
Housing Finance Agency (HFA).
Applications that will receive leveraged
funding must have firm commitments in
place for all of the leveraged funding
within 12 months of the issuance of a
‘‘Notice of Preapplication Review
Action,’’ Handbook Letter 103 (3060).
Rental Assistance and operating
assistance will be available for new
construction in FY 2012. Operating
assistance is explained at 7 CFR part
3560.574 and may be used in lieu of
tenant-specific rental assistance (RA) in
off-farm labor housing projects that
serve migrant farm workers as defined
in 7 CFR part 3560.11 that are financed
under section 514 or section 516(h) of
the Housing Act of 1949, as amended
(42 U.S.C. 1484 and 1486(h)
respectively), and otherwise meet the
requirements of 7 CFR part 3560.574.
Owners of eligible projects may choose
tenant-specific RA or operating
assistance, or a combination of both;
however, any tenant or unit assisted
with operating assistance may not also
receive RA.
III. Eligibility Information
A. Housing Eligibility
Housing that is constructed with FLH
loans and/or grants must meet Rural
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Development’s design and construction
standards contained in 7 CFR part 1924,
subparts A and C. Once constructed, offfarm FLH must be managed in
accordance with 7 CFR part 3560. In
addition, off-farm FLH must be operated
on a non-profit basis and tenancy must
be open to all qualified domestic farm
laborers, regardless at which farm they
work. Section 514(f)(3) of the Housing
Act of 1949, as amended (42 U.S.C.
1484(f)(3)) defines domestic farm
laborers to include any person
regardless of the person’s source of
employment, who receives a substantial
portion of his or her income from the
primary production of agricultural or
aquacultural commodities in the
unprocessed or processed stage, and
also includes the person’s family.
B. Tenant Eligibility
Tenant eligibility is limited to persons
who meet the definition of a ‘‘disabled
domestic farm laborer,’’ or ‘‘a domestic
farm laborer,’’ or ‘‘retired domestic farm
laborer,’’ as defined in 7 CFR Section
3560.11. Farm workers who are
admitted to this country on a temporary
basis under the Temporary Agricultural
Workers (H–2A Visa) program are not
eligible to occupy Section 514/516 offfarm FLH.
C. Applicant Eligibility
1. To be eligible to receive a Section
516 grant for off-farm FLH, the applicant
must be a broad-based nonprofit
organization, including community and
faith-based organizations, a nonprofit
organization of farm workers, a federally
recognized Indian tribe, an agency or
political subdivision of a State or local
government, or a public agency (such as
a housing authority). The applicant
must be able to contribute at least onetenth of the TDC from non-Rural
Development resources which can
include leveraged funds.
2. To be eligible to receive a Section
514 loan for off-farm FLH, the applicant
must be a broad-based nonprofit
organization, including community and
faith-based organizations, a nonprofit
organization of farm workers, a federally
recognized Indian tribe, an agency or
political subdivision of a State or local
government, a public agency (such as a
housing authority), or a limited
partnership which has a nonprofit entity
as its general partner, and
i. Be unable to provide the necessary
housing from its own resources; and
ii. Except for State or local public
agencies and Indian tribes, be unable to
obtain similar credit elsewhere at rates
that would allow for rents within the
payment ability of eligible residents.
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iii. Broad-based nonprofit
organizations must have a membership
that reflects a variety of interests in the
area where the housing will be located.
IV. Administrative Requirements
A. Cost Sharing or Matching
Section 516 grants for off-farm FLH
may not exceed the lesser of 90 percent
of the TDC as provided in 7 CFR
3560.562(c)(1).
B. Other Requirements
The following requirements apply to
loans and grants made in response to
this Notice:
1. 7 CFR part 1901, subpart E,
regarding equal opportunity
requirements;
2. For grants only, 7 CFR part 3015,
3016 or 3019 (as applicable) and 7 CFR
3052, which establishes the uniform
administrative and audit requirements
for grants and cooperative agreements to
State and local governments and to
nonprofit organizations;
3. 7 CFR part 1901, subpart F,
regarding historical and archaeological
properties;
4. 7 CFR part 1940, subpart G,
regarding environmental assessments;
5. 7 CFR part 3560, subpart L,
regarding the loan and grant authorities
of the off-farm FLH program;
6. 7 CFR part 1924, subpart A,
regarding planning and performing
construction and other development;
7. 7 CFR part 1924, subpart C,
regarding the planning and performing
of site development work;
8. For construction financed with a
Section 516 grant, the provisions of the
Davis-Bacon Act (40 U.S.C. 276(a)–
276(a)(5) and implementing regulations
published at 29 CFR parts 1, 3, and 5;
9. All other requirements contained in
7 CFR part 3560, regarding the section
514/516 off-farm FLH program; and
10. Please note that grant applicants
must obtain a Dun and Bradstreet Data
Universal Numbering System (DUNS)
number and maintain registration in the
Central Contractor Registration (CCR)
prior to submitting a pre-application
pursuant to 2 CFR part 25.200(b). In
addition, an entity applicant must
maintain registration in the CCR
database at all times during which it has
an active Federal award or an
application or plan under construction
by the Agency. Similarly, all recipients
of Federal financial assistance are
required to report information about
first-tier sub-awards and executive
compensation in accordance with 2 CFR
part 170. So long as an entity applicant
does not have an exception under 2 CFR
part 170.110(b), the applicant must have
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the necessary processes and systems in
place to comply with the reporting
requirements should the applicant
receive funding. See 2 CFR part
170.200(b).
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V. Application and Submission
Information
A. Pre-Application Submission
The application process will be in two
phases: The initial pre-application (or
proposal) and the submission of a final
application. Only those pre-applications
or proposals that are selected for further
processing will be invited to submit
final applications. In the event that a
proposal is selected for further
processing and the applicant declines,
the next highest ranked unfunded preapplication may be selected for further
processing. All pre-applications for
Sections 514 and 516 funds must be
filed with the appropriate Rural
Development State Office and must
meet the requirements of this Notice.
Incomplete pre-applications will not be
reviewed and will be returned to the
applicant. No pre-application will be
accepted after 5:00 p.m., local to the
appropriate Rural Development State
Office on September 17, 2012 unless
date and time are extended by another
Notice published in the Federal
Register.
Pre-applications can be submitted
either electronically using the FLH Preapplication form found at: [https://
www.rurdev.usda.gov/HADFarm_Labor_Grants.html] or in hard
copy obtained from and submitted to
the appropriate Rural Development
Office where the project will be located.
Applicants are strongly encouraged, but
not required, to submit the preapplication electronically. The
electronic form contains a button
labeled ‘‘Send Form.’’ By clicking on the
button, the applicant will receive an
email with an attachment that includes
the electronic form the applicant filled
out as a data file with a .PDF extension.
In addition, an auto-reply
acknowledgement will be sent to the
applicant when the electronic Loan
Proposal form is received by the Agency
unless the sender has software that will
block the receipt of the auto-reply email.
The State Office will record preapplications received electronically by
the actual date and time when all
attachment are received at the State
Office.
Submission of the electronic section
514 Loan Proposal form does not
constitute submission of the entire
proposal package which requires
additional forms and supporting
documentation as listed within this
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Notice. You may use one of the
following three options for submitting
the entire proposal package comprising
of all required forms and documents. On
the Loan Proposal form you can indicate
the option you will be using to submit
each required form and document.
(1) Electronic Media Option. Submit
all forms and documents as read-only
Adobe Acrobat files on electronic media
such as CDs, DVDs, or USB drives. For
each electronic device submitted, the
applicant should include a Table of
Contents of all documents and forms on
that device. The electronic media
should be submitted to the Rural
Development State Office listed in this
Notice where the property is located.
Any forms and documents that are not
sent electronically, including the check
for credit reports, must be mailed to the
Rural Development State Office.
(2) Email Option. On the Loan
Proposal form you will be asked for a
Submission Email Address. This email
address will be used to establish a folder
on the USDA server with your unique
email address. Once the Loan Proposal
form is processed, you will receive an
additional email notifying you of the
email address that you can use to email
your forms and documents. Please Note:
All forms and documents must be
emailed from the same Submission
Email Address. This will ensure that all
forms and documents that you send will
be stored in the folder assigned to that
email address. Any forms and
documents that are not sent in via the
email option must be submitted on an
electronic media or in hard copy form
to the Rural Development State Office.
(3) Hard Copy Submission to the
Rural Development State Office. If you
are unable to send the proposal package
electronically using either of the options
listed above, you may send a hard-copy
of all forms and documents to the USDA
Rural Development State Office where
the property is located. Hard copy preapplications received on or before the
deadline date will receive the close of
business time of the day received as the
receipt time. Hard copy pre-applications
must be received by the submission
deadline and no later than 5:00 p.m.,
local time, September 17, 2012.
Assistance for filling electronic and
hard cop pre-applications can be
obtained from any Rural Development
State Office.
For electronic submissions, there is a
time delay between the time it is sent
and the time it is received depending on
network traffic. As a result, last-minute
submissions sent before the deadline
date and time could well be received
after the deadline date and time because
of the increased network traffic.
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Applicants are reminded that all
submissions received after the deadline
date and time will be rejected,
regardless of when they were sent.
If you receive a loan or grant award
under this NOFA, USDA reserves the
right to post all information not
protected under the Privacy Act and
submitted as part of the pre-application/
application package on a public Web
site with free and open access to any
member of the public.
If a pre-application is accepted for
further processing, the applicant must
submit a complete, final application,
acceptable to Rural Development prior
to the obligation of Rural Development
funds. If the pre-application is not
accepted for further processing the
applicant will be notified of appeal
rights under 7 CFR part 11.
B. Pre-Application Requirements
1. The pre-application must contain
the following:
i. A summary page listing the
following items. This information
should be double-spaced between items
and not be in narrative form.
(a) Applicant’s name.
(b) Applicant’s Taxpayer
Identification Number.
(c) Applicant’s address.
(d) Applicant’s telephone number.
(e) Name of applicant’s contact
person, telephone number, and address.
(f) Amount of loan and grant
requested.
(g) For grants of federal financial
assistance (including loans and grants,
cooperative agreements, etc.), the
applicant’s Dun and Bradstreet Data
Universal Numbering System (DUNS)
number and registration in the Central
Contractor Registration (CCR) database
in accordance with 2 CFR part 25. As
required by the Office of Management
and Budget (OMB), all grant applicants
must provide a DUNS number when
applying for Federal grants, on or after
October 1, 2003. Organizations can
receive a DUNS number at no cost by
calling the dedicated toll-free number at
1–866–705–5711 or via Internet at
https://www.dnb.com/us/. Additional
information concerning this
requirement can be obtained on the
Grants.gov Web Site at https://www.
grants.gov. Similarly, applicants may
register for the CCR at: https://
uscontractorregistration.com or by
calling 1–877–252–2700.
ii. Awards made under this Notice are
subject to the provisions contained in
the Agriculture, Rural Development,
Food and Drug Administration, and
Related Agencies Appropriations Act,
2012, O.L. No. 112–55 Division A
section 735 and 739 regarding corporate
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felony convictions and corporate federal
tax delinquencies. To comply with these
provisions, all applicants must complete
and include in the pre-application
paragraph (a) of this representation, and
all corporate applicants also must
complete paragraph (b) and (c) of this
representation:
(a) Applicant ________ [insert
applicant name] is __ is not __ (check
one) an entity that has filed articles of
incorporation in one of the fifty states,
the District of Columbia, or the various
territories of the United States including
American Samoa. Federated States of
Micronesia, Guam, Midway Islands,
Northern Mariana Islands, Puerto Rico,
Republic of Palau, Republic of the
Marshall Islands, U.S. Virgin Islands.
(b) Applicant ________ [insert
applicant name] has __ has not __
(check one) has been convicted of a
felony criminal violation under Federal
or state law in the 24 months preceding
the date of application Applicant has __
has not __ (check one) had any officer
of agent of the Applicant convicted of a
felony criminal violation for actions
taken on behalf of the Applicant under
Federal or state law in the 24 months
preceding the date of the signature on
the pre-application.
(c) Applicant ________ [insert
applicant name] has __ has not __
(check one) any unpaid Federal tax
liability that has been assessed, for
which all judicial and administrative
remedies have been exhausted or have
lapsed, and that is not being paid in a
timely manner pursuant to an agreement
with the authority responsible for
collecting tax liability.
iii. A narrative verifying the
applicant’s ability to meet the eligibility
requirements stated earlier in this
notice. If an applicant is selected for
further processing, Rural Development
will require additional documentation
as set forth in a Conditional
Commitment in order to verify the
entity has the legal and financial
capability to carry out the obligation of
the loan.
iv. Standard Form 424, ‘‘Application
for Federal Assistance,’’ can be obtained
at: https://www.grants.gov or from any
Rural Development State Office listed in
Section VII of this Notice.
v. For loan pre-applications, current
(within 6 months of pre-application
date) financial statements with the
following paragraph certified by the
applicant’s designated and legally
authorized signer:
I/we certify the above is a true and accurate
reflection of our financial condition as of the
date stated herein. This statement is given for
the purpose of inducing the United States of
America to make a loan or to enable the
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United States of America to make a
determination of continued eligibility of the
applicant for a loan as requested in the loan
application of which this statement is a part.
vi. For loan pre-applications, a check
for $40 from applicants made out to
United States Department of
Agriculture. This will be used to pay for
credit reports obtained by Rural
Development.
vi. Evidence that the applicant is
unable to obtain credit from other
sources. Letters from credit institutions
which normally provide real estate
loans in the area should be obtained and
these letters should indicate the rates
and terms upon which a loan might be
provided. (Note: Not required from State
or local public agencies or Indian
tribes.)
vii. If a FLH grant is desired, a
statement concerning the need for a FLH
grant. The statement should include
preliminary estimates of the rents
required with and without a grant.
viii. A statement of the applicant’s
experience in operating labor housing or
other rental housing. If the applicant’s
experience is limited, additional
information should be provided to
indicate how the applicant plans to
compensate for this limited experience
(i.e., obtaining assistance and advice of
a management firm, non-profit group,
public agency, or other organization
which is experienced in rental
management and will be available on a
continuous basis).
ix. A brief statement explaining the
applicant’s proposed method of
operation and management (i.e., on-site
manager, contract for management
services, etc.). As stated earlier in this
Notice, the housing must be managed in
accordance with the program’s
management regulation, 7 CFR part
3560 and tenancy is limited to ‘‘disabled
domestic farm laborers,’’ ‘‘domestic
farm laborers,’’ and ‘‘retired domestic
farm laborers,’’ as defined in 7 CFR part
3560.11.
xi. Applicants must also provide:
(a) A copy of, or an accurate citation
to, the special provisions of State law
under which they are organized, a copy
of the applicant’s charter, Articles of
Incorporation, and By-laws;
(b) The names, occupations, and
addresses of the applicant’s members,
directors, and officers; and
(c) If a member or subsidiary of
another organization, the organization’s
name, address, and nature of business.
xii. A preliminary market survey or
market study to identify the supply and
demand for labor housing in the market
area. The market area must be clearly
identified and may include only the
area from which tenants can reasonably
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be drawn for the proposed project.
Documentation must be provided to
justify a need within the intended
market area for the housing of
‘‘domestic farm laborers,’’ as defined in
7 CFR Section 3560.11. The
documentation must take into account
disabled and retired farm workers. The
preliminary survey should address or
include the following items:
(a) The annual income level of
farmworker families in the area and the
probable income of the farm workers
who will likely occupy the proposed
housing;
(b) A realistic estimate of the number
of farm workers who remain in the area
where they harvest and the number of
farm workers who normally migrate into
the area. Information on migratory
workers should indicate the average
number of months the migrants reside
in the area and an indication of what
type of family groups are represented by
the migrants (i.e., single individuals as
opposed to families);
(c) General information concerning
the type of labor intensive crops grown
in the area and prospects for continued
demand for farm laborers;
(d) The overall occupancy rate for
comparable rental units in the area and
the rents charged and customary rental
practices for these units (i.e., will they
rent to large families, do they require
annual leases, etc.);
(e) The number, condition, adequacy,
rental rates and ownership of units
currently used or available to farm
workers;
(f) A description of the units
proposed, including the number, type,
size, rental rates, amenities such as
carpets and drapes, related facilities
such as a laundry room or community
room and other facilities providing
supportive services in connection with
the housing and the needs of the
prospective tenants such as a health
clinic or day care facility, estimated
development timeline, estimated total
development cost, and applicant
contribution; and
(g) The applicant must also identify
all other sources of funds, including the
dollar amount, source, and commitment
status. (Note: A Section 516 grant may
not exceed 90 percent of the total
development cost of the housing.) The
applicant must submit a checklist,
certification, and signed affidavit by the
project architect or engineer, as
applicable, for any energy programs
listed in Section IV the applicant
intends to participate in.
xiii. The following forms are required:
(a) A completed Form RD 1940–20,
‘‘Request for Environmental
Information,’’ and a description of
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anticipated environmental issues or
concerns. The form can be found at
https://www.rurdev.usda.gov/regs/forms/
1940-20.pdf.
(b) A prepared HUD Form 935.2A,
‘‘Affirmative Fair Housing Marketing
Plan (AFHM) Multi-family Housing,’’ in
accordance with 7 CFR 1901.203(c). The
plan will reflect that occupancy is open
to all qualified ‘‘domestic farm
laborers,’’ regardless of which farming
operation they work and that they will
not discriminate on the basis of race,
color, sex, age, disability, marital or
familial status or National origin in
regard to the occupancy or use of the
units. The form can be found at
https://www.hud.gov/offices/adm/
hudclips/forms/files/935-2a.pdf.
(c) A proposed operating budget
utilizing Form RD 3560–7, ‘‘Multiple
Family Housing Project Budget/Utility
Allowance,’’ can be found at https://
www.rurdev.gov/regs/forms/356007.pdf.
(d) An estimate of development cost
utilizing Form RD 1924–13, ‘‘Estimate
and Certificate of Actual Cost,’’ can be
found at https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD1924-13.PDF.
(e) Form RD 3560–30, ‘‘Certification
of no Identity of Interest (IOI),’’ can be
found at https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD3560-30.PDF and Form RD 3560–31,
‘‘Identity of Interest Disclosure/
Qualification Certification,’’ can be
found at https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD3560-31.PDF.
(f) Form HUD 2530, ‘‘Previous
Participation Certification,’’ can be
found at https://www.hud.gov/offices/
adm/hudclips/forms/files/2530.pdf.
(g) If requesting RA or Operating
Assistance, Form RD 3560–25, ‘‘Initial
Request for Rental Assistance or
Operating Assistance,’’ can be found at
https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD3560-25.PDF.
(h) Form RD 400–4, ‘‘Assurance
Agreement,’’ can be found at https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD400-4.PDF.
Applicants for revitalization, repair, and
rehabilitation funding are to apply
through the Multi-Family Housing
Revitalization Demonstration Program
(MPR).
(i) Evidence of compliance with
Executive Order 12372. The applicant
must send a copy of Form SF–424 to the
applicant’s state clearinghouse for
intergovernmental review. If the
applicant is located in a state that does
not have a clearinghouse, the applicant
is not required to submit the form.
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xiv. Evidence of site control, such as
an option contract or sales contract. In
addition, a map and description of the
proposed site, including the availability
of water, sewer, and utilities and the
proximity to community facilities and
services such as shopping, schools,
transportation, doctors, dentists, and
hospitals.
xv. Preliminary plans and
specifications, including plot plans,
building layouts, and type of
construction and materials. The housing
must meet Rural Development’s design
and construction standards contained in
7 CFR part 1924, subparts A and C and
must also meet all applicable Federal,
State, and local accessibility standards.
xvi. A supportive services plan,
which describes services that will be
provided on-site or made available to
tenants through cooperative agreements
with service providers in the
community, such as a health clinic or
day care facility. Off-site services must
be accessible and affordable to farm
workers and their families. Letters of
intent from service providers are
acceptable documentation at the preapplication stage.
xvii. A sources and uses statement
which shows all sources of funding
included in the proposed project. The
terms and schedules of all sources
included in the project should be
included in the sources and uses
statement.
xviii. A separate one-page information
sheet listing each of the ‘‘PreApplication Scoring Criteria,’’ contained
in this Notice, followed by a reference
to the page numbers of all relevant
material and documentation that is
contained in the proposal that supports
the criteria.
xix. Applicants are encouraged, but
not required, to include a checklist of all
of the pre-application requirements and
to have their pre-application indexed
and tabbed to facilitate the review
process;
xx. Evidence of compliance with the
requirements of the applicable State
Housing Preservation Office (SHPO),
and/or Tribal Historic Preservation
Officer (THPO). A letter from the SHPO
and/or THPO where the off-farm labor
housing project is located, signed by
their designee will serve as evidence of
compliance.
VI. Pre-Application Review
Information
All applications for Sections 514 and
516 funds must be filed electronically or
with the appropriate Rural Development
State Office and meet the requirements
of this Notice. The Rural Development
State Office will base its determination
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of completeness of the application and
the eligibility of each applicant on the
information provided in the preapplication.
A. Selection Criteria. Section 514 loan
funds and section 516 grant funds will
be distributed to States based on a
national competition, as follows:
1. Rural Development State Office
will accept, review, and score preapplications in accordance with this
Notice. The scoring factors are:
i. The presence of construction cost
savings, including donated land and
construction leverage assistance, for the
units that will serve program-eligible
tenants. The savings will be calculated
as a percentage of the Rural
Development TDC. The percentage
calculation excludes any costs
prohibited by Rural Development as
loan expenses, such as a developer’s fee.
Construction cost savings includes, but
is not limited to, funds for hard
construction costs, and State or Federal
funds which are applicable to
construction costs. A minimum of ten
percent cost savings is required to earn
points; however, if the total percentage
of cost savings is less than ten percent
and the proposal includes donated land,
two points will be awarded for the
donated land. To count as cost savings
for purposes of the selection criteria, the
applicant must submit written evidence
from the third-party funder that an
application for those funds has been
submitted and accepted points will be
awarded in accordance with the
following table using rounding to the
nearest whole number.
Percentage
75 or more ........................................
60–74 ................................................
50–59 ................................................
40–49 ................................................
30–39 ................................................
20–29 ................................................
10–19 ................................................
0–9 ....................................................
Points
20
18
16
12
10
8
5
0
ii. The presence of operational cost
savings, such as tax abatements, nonRural Development tenant subsidies or
donated services are calculated on a perunit cost savings for the sum of the
savings. Savings must be available for at
least 5 years and documentation must
be provided with the application
demonstrating the availability of savings
for 5 years. To calculate the savings,
take the total amount of savings and
divide it by the number of units in the
project that will benefit from the savings
to obtain the per unit cost savings. For
non-Rural Development tenant subsidy,
if the value changes during the five-year
calculation, the applicant must use the
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lower of the non-rural development
tenant subsidy to calculate per-unit cost
savings. For example, a 10 unit property
with 100 percent designated farm labor
housing units receiving $20,000 per year
non-rural development subsidy yields a
cost savings of $100,000 ($20,000*5
years); resulting to a $10,000 per-unit
cost savings ($100,000/10 units).
To determine cost savings in a mixed
income complex that will serve other
income levels than farm labor housing
income-eligible tenants, use only the
number of units that will serve farm
labor housing income-eligible tenants.
Round percentages to the nearest whole
number, rounding up at 0.50 and above
and down at 0.49 and below.
Use the following table to apply
points.
Per-unit cost savings
Points
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Above $15,000 .................................
$10,001–$15,000 ..............................
$7,501–$10,000 ................................
$5,001–$7,500 ..................................
$3,501–$5,000 ..................................
$2,001–$3,500 ..................................
$1,000–$2,000 ..................................
20
18
16
12
10
8
5
iii. Percent of units for seasonal,
temporary, migrant housing. (5 points
for up to and including 50 percent of the
units; 10 points for 51 percent or more
units used for seasonal, temporary, or
migrant housing.)
iv. Presence of tenant services.
(a) Up to 10 points will be awarded
based on the presence of and extent to
which a tenant services plan exists that
clearly outlines services that will be
provided to the residents of the
proposed project. These services may
include, but are not limited to,
transportation related services, on-site
English as a Second Language (ESL)
classes, move-in funds, emergency
assistance funds, homeownership
counseling, food pantries, after school
tutoring, and computer learning centers.
(b) Two points will be awarded for
each resident service included in the
tenant services plan up to a maximum
of 10 points. Plans must detail how the
services are to be administered, who
will administer them, and where they
will be administered. All tenant service
plans must include letters of intent that
clearly state the service that will be
provided at the project for the benefit of
the residents from any party
administering each service, including
the applicant.
V. Energy Initiative Properties
(a) Energy Initiatives Properties may
receive a maximum of 65 points for
energy initiatives. Projects may either be
New Construction or Purchase and
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Rehabilitation of Existing Non-Farm
Labor Housing Property. Depending on
the scope of work, properties may earn
‘‘energy initiative’’ points in one or two
categories: (1) New Construction or Gut
Rehabilitation, or (2) General
Rehabilitation. Projects will be eligible
for one category or the two, but not
both. The project architect’s affidavit
should specify which category is
applicable.
Properties in any category also may
receive points for Energy Generation
and Green Property Management.
Energy programs including LEED for
Homes, Green Communities, etc., will
each have an initial checklist indicating
prerequisites for participation in its
energy program. The applicable energy
program checklist will establish
whether prerequisites for the energy
program’s participation will be met. All
checklists must be accompanied by a
signed affidavit by the project architect
or engineer stating that the goals are
achievable. The checklist and affidavit
must be submitted together with the
loan application.
1. Energy Conservation for New
Construction or Gut Rehabilitation of an
Existing Building (maximum 55 points).
Projects may be eligible for up to 55
points when the pre-application
includes a written certification by the
applicant to participate in the following
energy efficiency programs.
The points will be allocated as
follows:
• Participation in the EPA’s Energy
Star for Homes V3 program (20 points).
https://www.energystar.gov/index.
cfm?c=bldrs_lenders_raters.pt_bldr or
• Participation in the Green
Communities program by the Enterprise
Community Partners. (30 points)
https://www.enterprisecommunity.com/
solutions-and-innovation/enterprisegreen-communities or
• Participation in one of the following
two programs will be awarded points for
certification.
Note: Each program has four levels of
certification. State the level of certification
that the applicant plans will achieve in their
certification:
• LEED for Homes program by the United
States Green Building Council (USGBC):
https://www.usgbc.org/homes.
—Certified Level (30 points), or
—Silver Level (35 points), or
—Gold Level (40 points), or
—Platinum Level (45 points), or
• The National Association of Home
Builders (NAHB) ICC 700–2008 National
Green Building Standard TM: https://
www.nahb.org.
—Bronze Level (30 points), or
—Silver Level (35 points), or
—Gold Level (40 points), or
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42263
—Emerald Level (45 points) and
• Participation in the Department of
Energy’s Builder’s Challenge program. (8
points) https://www1.eere.energy.gov/
builders/challenge/ and
• Participation in local green/energy
efficient building standards; Applicants who
participate in a city, county or municipality
program, will receive an additional 2 points.
The applicant should be aware of and look
for additional requirements that are
sometimes embedded in the third-party
program’s rating and verification systems.
(2 points)
2. Energy Conservation for General
Rehabilitation (maximum 32 points).
Pre-applications for the purchase and
substantial rehabilitation of nonprogram MFH and related facilities in
rural areas may be eligible to receive 32
points for the following initiatives.
• Participation in the EPA’s Energy
Star for Homes V3 program will be
awarded 30 points for any project that
qualifies for the program. (30 points)
https://www.enterprisecommunity.com/
csolutions-and-innovation/enterprisegreen-communities and
Participation in local green/energy
efficient building standards; Applicants
who participate in a city, county or
municipality program, will receive an
additional 2 points. The applicant
should be aware of and look for
additional requirements that are
sometimes embedded in the third-party
programs’ rating and verification
system. (2 points)
3. Energy Generation (maximum 5
points). Pre-applications for new
construction or purchase and
rehabilitation of non-program multifamily projects which participate in the
Energy Star for Homes V3 program,
Green Communities, LEED for Homes or
NAHB’s National Green Building
Standard (ICC–700) 2008, receive at
least 8 points for energy generation will
compliment a weatherlight, well
insulated building envelope with highly
efficient mechanical systems. Possible
renewable energy generation
technologies include, but are not limited
to: Wind turbines and micro-turbines,
micro-hydro power, and photovoltaics
(capable of producing a voltage when
exposed to radiant energy, especially
light), solar hot water systems and
biomass/biofuel systems that do not use
fossil fuels in production. Geo-exchange
systems are highly encouraged as they
lessen the total demand for energy and,
if supplemented with other renewable
energy sources, can achieve zero energy
consumption more easily. Points under
this section will be awarded as follows.
Projects with preliminary or
rehabilitation building plans and energy
analysis propose a 10 percent to 100
percent energy generation commitment
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(where generation is considered by the
total amount of energy needed to be
generated on-site to make the building
a net-zero consumer of energy) may be
awarded points corresponding to their
percent of commitment as follows:
(a) 0 to 9 percent commitment to
energy generation receives 0 points;
(b) 10 to 29 percent commitment to
energy generation receives 1 point;
(c) 30 to 49 percent commitment to
energy generation receives 2 points;
(d) 50 to 69 percent commitment to
energy generation receives 3 points;
(e) 70 to 89 percent commitment to
energy generation receives 4 points;
(f) 90 percent or more commitment to
energy generation receives 5 points. In
order to receive more than 1 point for
this energy generation section, an
accurate energy analysis prepared by an
engineer will need to be submitted with
the pre-application. Energy analysis of
preliminary building plans using
industry-recognized simulation software
must document the projected total
energy consumption of the building, the
portion of building consumption which
will be satisfied through on-site
generation, and the builder’s Home
Energy Rating System (HERS) score.
4. Property Management Credentials
(5 points). Projects may be awarded an
additional 5 points if the designated
property management company or
individuals that will assume
maintenance and operations
responsibilities upon completion of
construction work have a Credential for
Green Property Management.
Credentialing can be obtained from the
National Apartment Association (NAA),
National Affordable housing
Management Association, the Institute
for Real Estate Management, U.S. Green
Building Council’s Leadership in Energy
and Environmental Design for
Operations and Maintenance (LEED
OM), or another source with a certifiable
credentialing program. Credentialing
must be illustrated in the resume(s) of
the property management team and
included with the pre-application.
The National Office will rank all preapplications nationwide and distribute
funds to States in rank order, within
funding and RA limits. A lottery in
accordance with 7 CFR 3560.56(c) (2)
will be used for applications with tied
point scores when the all cannot be
funded. If insufficient funds or RA
remain for the next ranked proposal,
that applicant will be given a chance to
modify their pre-application to bring it
within remaining funding levels. This
will be repeated for each next ranked
eligible proposal until an award can be
made or the list is exhausted. Rural
Development will notify all applicants
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whether their applications have been
selected or rejected and provide appeal
rights under 7 CFR part 11, as
appropriate.
VII. Award Administration Information
A. Award Notices
Loan applicants must submit their
initial applications by the due date
specified in this Notice. Once the
applications have been scored and
ranked by the National Office the
National Office will advise States
Offices of the proposals selected for
further processing, State Offices will
respond to applicants by letter.
If the application is not accepted for
further processing, the applicant will be
notified of appeal rights under 7 CFR
part 11.
B. Administrative and National Policy
All Farm Labor Housing loans and
grants are subject to the restrictive-use
provisions contained in 7 CFR part
3560.72(a) (2).
C. Reporting
Borrowers must maintain separate
financial records for the operation and
maintenance of the project and for
tenant services. Tenant services will not
be funded by Rural Development. Funds
allocated to the operation and
maintenance of the project may not be
used to supplement the cost of tenant
services, nor may tenant service funds
be used to supplement the project
operation and maintenance. Detailed
financial reports regarding tenant
services will not be required unless
specifically requested by Rural
Development, and then only to the
extent necessary for Rural Development
and the borrower to discuss the
affordability (and competitiveness) of
the service provided to the tenant. The
project audit, or verification of accounts
on Form RD 3560–10, ‘‘Borrower
Balance Sheet,’’ together with an
accompanying Form RD 3560–7,
‘‘Multiple Family Housing Project
Budget Utility Allowance,’’ showing
actual, must allocate revenue and
expense between project operations and
the service component.
IX. USDA Rural Development MFH
State Office Contacts
(Note: Telephone numbers listed are
not toll-free.)
Alabama State Office
Suite 601, Sterling Centre, 4121
Carmichael Road, Montgomery, AL
36106–3683, (334) 279–3455, Anne
Chavers.
Alaska State Office
800 West Evergreen, Suite 201,
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Palmer, AK 99645, (907) 761–7723,
Cindy Jackson.
Arizona State Office
Phoenix Courthouse and Federal
Building, 230 North First Ave.,
Suite 206, Phoenix, AZ 85003–
1706, (602) 280–8764, Ernie
Wetherbee.
Arkansas State Office
700 W. Capitol Ave., Room 3416,
Little Rock, AR 72201–3225, (501)
301–3254, Jackie Young.
California State Office,
430 G Street, #4169, Davis, CA 95616–
4169, (530) 792–5821, Debra
Moretton.
Colorado State Office
USDA Rural Development, Denver
Federal Center, Building 56, Room
2300, P.O. Box 25426, Denver, CO
80225–0426, (720) 544–2923, Mary
Summerfield.
Connecticut
Served by Massachusetts State Office
Delaware and Maryland State Office
1221 College Park Drive, Suite 200,
Dover, DE 19904, (302) 857–3615,
Debra Eason.
Florida & Virgin Islands State Office
4440 NW. 25th Place, Gainesville, FL
32606–6563, (352) 338–3465,
Tresca Clemmons.
Georgia State Office
Stephens Federal Building, 355 E.
Hancock Avenue, Athens, GA
30601–2768, (706) 546–2164, Jack
Stanek.
Hawaii State Office
(Services all Hawaii, American
Samoa, Guam, and Western Pacific),
Room 311, Federal Building, 154
Waianuenue Avenue, Hilo, HI
96720, (808) 933–8305, Nate Reidel.
Idaho State Office
Suite A1, 9173 West Barnes Dr.,
Boise, ID 83709, (208) 378–5628,
Joyce Weinzetl.
Illinois State Office
2118 West Park Court, Suite A,
Champaign, IL 61821–2986, (217)
403–6222, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard,
Indianapolis, IN 46278, (317) 290–
3100 (ext. 425), Douglas Wright.
Iowa State Office
210 Walnut Street Room 873, Des
Moines, IA 50309, (515) 284–4493,
Shannon Chase.
Kansas State Office
1303 SW First American Place, Suite
100, Topeka, KS 66604–4040, (785)
271–2721, Mike Resnik.
Kentucky State Office
771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224–
7325, Paul Higgins.
Louisiana State Office
3727 Government Street, Alexandria,
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LA 71302, (318) 473–7962, Yvonne
R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, P.O. Box
405, Bangor, ME 04402–0405, (207)
990–9110, Bob Nadeau.
Maryland
Served by Delaware State Office
Massachusetts, Connecticut, & Rhode
Island State Office
451 West Street, Amherst, MA 01002,
(413) 253–4310, Richard Lavoie.
Michigan State Office
3001 Coolidge Road, Suite 200, East
Lansing, MI 48823, (517) 324–5192,
Julie Putnam.
Minnesota State Office
375 Jackson Street Building, Suite
410, St. Paul, MN 55101–1853,
(651) 602–7820, Linda Swanson.
Mississippi State Office
Federal Building, Suite 831, 100 W.
Capitol Street, Jackson, MS 39269,
(601) 965–4325, Darnella SmithMurray.
Missouri State Office
601 Business Loop 70 West, Parkade
Center, Suite 235, Columbia, MO
65203, (573) 876–0987, Rachelle
Long.
Montana State Office
2229 Boot Hill Court, Bozeman, MT
59715, (406) 585–2515, Deborah
Chorlton.
Nebraska State Office
Federal Building, Room 152, 100
Centennial Mall N, Lincoln, NE
68508, (402) 437–5734, Linda
Anders.
Nevada State Office
1390 South Curry Street, Carson City,
NV 89703–5146, (775) 887–1222
(ext. 105), William Brewer.
New Hampshire State Office
Concord Center, Suite 218, Box 317,
10 Ferry Street, Concord, NH
03301–5004, (603) 223–6050, Heidi
Setien.
New Jersey State Office
5th Floor North Suite 500, 8000
Midlantic Dr., Mt. Laurel, NJ 08054,
(856) 787–7732, Neil Hayes.
New Mexico State Office
6200 Jefferson St. NE., Room 255,
Albuquerque, NM 87109, (505)
761–4945, Yvette Wilson.
New York State Office
The Galleries of Syracuse, 441 S.
Salina Street, Suite 357 5th Floor,
Syracuse, NY 13202, (315) 477–
6421, Michael Bosak.
North Carolina State Office
4405 Bland Road, Suite 260, Raleigh,
NC 27609, (919) 873–2055, Beverly
Casey.
North Dakota State Office
Federal Building, Room 208, 220 East
Rosser, P.O. Box 1737, Bismarck,
ND 58502, (701) 530–2049, Kathy
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Lake.
Ohio State Office
Federal Building, Room 507, 200
North High Street, Columbus, OH
43215–2477, (614) 255–2409, Cathy
Simmons.
Oklahoma State Office
100 USDA, Suite 108, Stillwater, OK
74074–2654, (405) 742–1070, Laurie
Ledford.
Oregon State Office
1201 NE Lloyd Blvd., Suite 801,
Portland, OR 97232, (503) 414–
3353, Rod Hansen.
Pennsylvania State Office
One Credit Union Place, Suite 330,
Harrisburg, PA 17110–2996, (717)
237–2281, Martha Hanson.
Puerto Rico State Office
654 Munoz Rivera Avenue, IBM
Plaza, Suite 601, Hato Rey, PR
00918, (787) 766–5095 (ext. 249),
Lourdes Colon.
Rhode Island
Served by Massachusetts State Office
South Carolina State Office
Strom Thurmond Federal Building,
1835 Assembly Street, Room 1007,
Columbia, SC 29201, (803) 765–
5122, Tim Chandler.
South Dakota State Office
Federal Building, Room 210, 200
Fourth Street SW., Huron, SD
57350, (605) 352–1136, Linda
Weber.
Tennessee State Office
Suite 300, 3322 West End Avenue,
Nashville, TN 37203–1084, (615)
783–1380, Kathy Connelly.
Texas State Office
Federal Building, Suite 102, 101
South Main, Temple, TX 76501,
(254) 742–9711, John Kirchhoff.
Utah State Office
Wallace F. Bennett Federal Building,
125 S. State Street, Room 4311, Salt
Lake City, UT 84147–0350, (801)
524–4325, Janice Kocher.
Vermont State Office
City Center, 3rd Floor, 89 Main Street,
Montpelier, VT 05602, (802) 828–
6015, Robert McDonald.
Virgin Islands
Served by Florida State Office
Virginia State Office
Culpeper Building, Suite 238, 1606
Santa Rosa Road, Richmond, VA
23229, (804) 287–1596, CJ Michels.
Washington State Office
1835 Black Lake Blvd., Suite B,
Olympia, WA 98512, (360) 704–
7706, Bill Kirkwood.
Western Pacific Territories
Served by Hawaii State Office
West Virginia State Office
Federal Building, 75 High Street,
Room 320, Morgantown, WV
26505–7500, (304) 372–3441 ext
105, Penny Thaxton.
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Wisconsin State Office
4949 Kirschling Court, Stevens Point,
WI 54481, (715) 345–7620 ext 157,
Debbie Biga.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602,
(307) 233–6716, Timothy Brooks.
Dated: July 12, 2012.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
[FR Doc. 2012–17462 Filed 7–17–12; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Section
515 Multi-Family Housing Preservation
Revolving Loan Fund Demonstration
Program for Fiscal Year 2012
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
The Rural Housing Service of
Rural Development previously
announced in a Notice published
August 22, 2011 (76 FR 52305) the
availability of funds and the timeframe
to submit applications for loans to
private non-profit organizations, and
State and local housing finance
agencies, to carry out a demonstration
program to provide revolving loans for
the preservation and revitalization of
low-income Multi-Family Housing
(MFH). Rural Development did not
receive sufficient applications to use all
the available funds. As a result, Rural
Development is soliciting additional
applications under this Notice for the
remaining funding. Housing that is
assisted by this demonstration program
must be financed by Rural Development
through its MFH loan program under
Sections 515, 514, and 516 of the
Housing Act of 1949. The goals of this
demonstration program will be achieved
through loans made to intermediaries.
The intermediaries will establish their
programs for the purpose of providing
loans to ultimate recipients for the
preservation and revitalization of lowincome Section 515, 514, and 516 MFH
as affordable housing.
DATES: The deadline for receipt of all
applications in response to this Notice
is 5 p.m., Eastern Time, August 17,
2012. The application closing deadline
is firm as to date and hour. Rural
Development will not consider any
application that is received after the
closing deadline. Applicants intending
to mail applications must provide
sufficient time to permit delivery on or
before the closing deadline. Acceptance
by a post office or private mailer does
SUMMARY:
E:\FR\FM\18JYN1.SGM
18JYN1
Agencies
[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42258-42265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17462]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability (NOFA) of Applications for Section
514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants
for Off-Farm Housing for Fiscal Year (FY) 2012
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
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SUMMARY: This Notice announces the timeframe to submit pre-applications
for Section 514 Farm Labor Housing (FLH) loans and Section 516 FLH
grants for the construction of new off-farm FLH units and related
facilities for domestic farm laborers and for the purchase and
substantial rehabilitation of an existing non-farm labor housing (FLH)
property. The intended purpose of these loans and grants is to increase
the number of available housing units for domestic farm laborers. This
Notice describes the method used to distribute funds, the application
process, and submission requirements.
DATES: The deadline for receipt of all applications in response to this
Notice is 5:00 p.m., local time to the appropriate Rural Development
State Office on September 17, 2012. The application closing deadline is
firm as to date and hour. Rural Development will not consider any
application that is received after the closing deadline unless date and
time is extended by another Notice published in the Federal Register.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX) and postage due applications will not be accepted.
Applicants wishing to apply for assistance must contact the Rural
Development State Office serving the State of the proposed off-farm
labor housing project in order to receive further information and
copies of the application package. Rural Development will date and time
stamp incoming applications to evidence timely receipt and, upon
request, will provide the applicant with a written acknowledgment of
receipt. A listing of Rural Development State Offices, their addresses,
telephone numbers, and person to contact is under Section VII of this
Notice.
FOR FURTHER INFORMATION CONTACT: Mirna Reyes-Bible, Finance and Loan
Analyst, Multi-Family Housing Preservation and Direct Loan Division,
STOP 0781 (Room 1243-S), USDA, Rural Development, 1400 Independence
Avenue SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (This
is not a toll free number), or via email:
Mirna.ReyesBible@wdc.usda.gov. If you have questions regarding Net Zero
Energy Consumption and Energy Generation please contact Carlton
Jarratt, Finance and Loan Analyst, Multi-Family Housing Preservation
and Direct Loan Division at (804) 287-1524 or via email:
carlton.jarrat@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The reporting requirements contained in this Notice have been
approved by the Office of Management and Budget under Control Number
0575-0189.
Overview Information
Federal Agency Name: Rural Development.
Funding Opportunity Title: NOFA for Section 514 Farm Labor Housing
Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing
for Fiscal Year 2012.
Announcement Type: Initial Notice inviting applications from
qualified applicants for Fiscal Year 2012.
Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and
10.427.
DATES: The deadline for receipt of all applications in response to this
is 5 p.m., local time to the appropriate Rural Development State Office
on September 17, 2012. The application closing deadline is firm as to
date and hour. Rural Development will not consider any application that
is received after the closing deadline unless the date and time is
extended by another Notice published in the Federal Register.
Applicants intending to mail applications must provide sufficient time
to permit delivery on or before the closing deadline. Acceptance by a
post office or private mailer does not constitute delivery. Facsimile
(FAX) and postage due applications will not be accepted.
I. Funding Opportunities Description
The funds available for FY 2012 Off-Farm Labor Housing are
$20,790,629.57 for Section 514 loans, up to $7,100,000 for Section 516
grants, and $2,500,000 for FLH Rental Assistance.
II. Award Information
Applications for FY 2012 will only be accepted through the date and
time listed in this Notice. Depending on the feasibility of the loan
underwriting, final loan and grant levels may fluctuate from the
initial amount considered with
[[Page 42259]]
the pre-application, and all awards are subject to availability of
funding. Once the Agency has committed 70 percent of the available FY
2012 program funds to new construction applications, no further funding
will be available for new construction applications until after August
31, 2012. If funding is available after August 31, 2012, then new
construction applications will be considered and compete for funding
using this NOFA's scoring criteria without regard to the aforementioned
funding limitations. Individual requests may not exceed $3 million
(total loan and grant). No State may receive more than 30 percent of
available FLH funding distributed in FY 2012. If there are insufficient
applications from around the country to exhaust Sections 514 and 516
funds available, the Agency may then exceed the 30 percent cap per
State. Section 516 off-farm FLH grants may not exceed 90 percent of the
total development cost (TDC) of the housing as defined in 7 CFR part
3560.11. Applicants that will use leveraged funding must include in the
pre-application written evidence from the third-party funder that an
application for those funds has been submitted and accepted. If
leveraged funds are in the form of tax credits, the applicant must
include in its pre-application written evidence that a tax credit
application has been submitted and accepted by the Housing Finance
Agency (HFA). Applications that will receive leveraged funding must
have firm commitments in place for all of the leveraged funding within
12 months of the issuance of a ``Notice of Preapplication Review
Action,'' Handbook Letter 103 (3060).
Rental Assistance and operating assistance will be available for
new construction in FY 2012. Operating assistance is explained at 7 CFR
part 3560.574 and may be used in lieu of tenant-specific rental
assistance (RA) in off-farm labor housing projects that serve migrant
farm workers as defined in 7 CFR part 3560.11 that are financed under
section 514 or section 516(h) of the Housing Act of 1949, as amended
(42 U.S.C. 1484 and 1486(h) respectively), and otherwise meet the
requirements of 7 CFR part 3560.574. Owners of eligible projects may
choose tenant-specific RA or operating assistance, or a combination of
both; however, any tenant or unit assisted with operating assistance
may not also receive RA.
III. Eligibility Information
A. Housing Eligibility
Housing that is constructed with FLH loans and/or grants must meet
Rural Development's design and construction standards contained in 7
CFR part 1924, subparts A and C. Once constructed, off-farm FLH must be
managed in accordance with 7 CFR part 3560. In addition, off-farm FLH
must be operated on a non-profit basis and tenancy must be open to all
qualified domestic farm laborers, regardless at which farm they work.
Section 514(f)(3) of the Housing Act of 1949, as amended (42 U.S.C.
1484(f)(3)) defines domestic farm laborers to include any person
regardless of the person's source of employment, who receives a
substantial portion of his or her income from the primary production of
agricultural or aquacultural commodities in the unprocessed or
processed stage, and also includes the person's family.
B. Tenant Eligibility
Tenant eligibility is limited to persons who meet the definition of
a ``disabled domestic farm laborer,'' or ``a domestic farm laborer,''
or ``retired domestic farm laborer,'' as defined in 7 CFR Section
3560.11. Farm workers who are admitted to this country on a temporary
basis under the Temporary Agricultural Workers (H-2A Visa) program are
not eligible to occupy Section 514/516 off-farm FLH.
C. Applicant Eligibility
1. To be eligible to receive a Section 516 grant for off-farm FLH,
the applicant must be a broad-based nonprofit organization, including
community and faith-based organizations, a nonprofit organization of
farm workers, a federally recognized Indian tribe, an agency or
political subdivision of a State or local government, or a public
agency (such as a housing authority). The applicant must be able to
contribute at least one-tenth of the TDC from non-Rural Development
resources which can include leveraged funds.
2. To be eligible to receive a Section 514 loan for off-farm FLH,
the applicant must be a broad-based nonprofit organization, including
community and faith-based organizations, a nonprofit organization of
farm workers, a federally recognized Indian tribe, an agency or
political subdivision of a State or local government, a public agency
(such as a housing authority), or a limited partnership which has a
nonprofit entity as its general partner, and
i. Be unable to provide the necessary housing from its own
resources; and
ii. Except for State or local public agencies and Indian tribes, be
unable to obtain similar credit elsewhere at rates that would allow for
rents within the payment ability of eligible residents.
iii. Broad-based nonprofit organizations must have a membership
that reflects a variety of interests in the area where the housing will
be located.
IV. Administrative Requirements
A. Cost Sharing or Matching
Section 516 grants for off-farm FLH may not exceed the lesser of 90
percent of the TDC as provided in 7 CFR 3560.562(c)(1).
B. Other Requirements
The following requirements apply to loans and grants made in
response to this Notice:
1. 7 CFR part 1901, subpart E, regarding equal opportunity
requirements;
2. For grants only, 7 CFR part 3015, 3016 or 3019 (as applicable)
and 7 CFR 3052, which establishes the uniform administrative and audit
requirements for grants and cooperative agreements to State and local
governments and to nonprofit organizations;
3. 7 CFR part 1901, subpart F, regarding historical and
archaeological properties;
4. 7 CFR part 1940, subpart G, regarding environmental assessments;
5. 7 CFR part 3560, subpart L, regarding the loan and grant
authorities of the off-farm FLH program;
6. 7 CFR part 1924, subpart A, regarding planning and performing
construction and other development;
7. 7 CFR part 1924, subpart C, regarding the planning and
performing of site development work;
8. For construction financed with a Section 516 grant, the
provisions of the Davis-Bacon Act (40 U.S.C. 276(a)-276(a)(5) and
implementing regulations published at 29 CFR parts 1, 3, and 5;
9. All other requirements contained in 7 CFR part 3560, regarding
the section 514/516 off-farm FLH program; and
10. Please note that grant applicants must obtain a Dun and
Bradstreet Data Universal Numbering System (DUNS) number and maintain
registration in the Central Contractor Registration (CCR) prior to
submitting a pre-application pursuant to 2 CFR part 25.200(b). In
addition, an entity applicant must maintain registration in the CCR
database at all times during which it has an active Federal award or an
application or plan under construction by the Agency. Similarly, all
recipients of Federal financial assistance are required to report
information about first-tier sub-awards and executive compensation in
accordance with 2 CFR part 170. So long as an entity applicant does not
have an exception under 2 CFR part 170.110(b), the applicant must have
[[Page 42260]]
the necessary processes and systems in place to comply with the
reporting requirements should the applicant receive funding. See 2 CFR
part 170.200(b).
V. Application and Submission Information
A. Pre-Application Submission
The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a final application.
Only those pre-applications or proposals that are selected for further
processing will be invited to submit final applications. In the event
that a proposal is selected for further processing and the applicant
declines, the next highest ranked unfunded pre-application may be
selected for further processing. All pre-applications for Sections 514
and 516 funds must be filed with the appropriate Rural Development
State Office and must meet the requirements of this Notice. Incomplete
pre-applications will not be reviewed and will be returned to the
applicant. No pre-application will be accepted after 5:00 p.m., local
to the appropriate Rural Development State Office on September 17, 2012
unless date and time are extended by another Notice published in the
Federal Register.
Pre-applications can be submitted either electronically using the
FLH Pre-application form found at: [https://www.rurdev.usda.gov/HAD-Farm_Labor_Grants.html] or in hard copy obtained from and submitted
to the appropriate Rural Development Office where the project will be
located. Applicants are strongly encouraged, but not required, to
submit the pre-application electronically. The electronic form contains
a button labeled ``Send Form.'' By clicking on the button, the
applicant will receive an email with an attachment that includes the
electronic form the applicant filled out as a data file with a .PDF
extension. In addition, an auto-reply acknowledgement will be sent to
the applicant when the electronic Loan Proposal form is received by the
Agency unless the sender has software that will block the receipt of
the auto-reply email. The State Office will record pre-applications
received electronically by the actual date and time when all attachment
are received at the State Office.
Submission of the electronic section 514 Loan Proposal form does
not constitute submission of the entire proposal package which requires
additional forms and supporting documentation as listed within this
Notice. You may use one of the following three options for submitting
the entire proposal package comprising of all required forms and
documents. On the Loan Proposal form you can indicate the option you
will be using to submit each required form and document.
(1) Electronic Media Option. Submit all forms and documents as
read-only Adobe Acrobat files on electronic media such as CDs, DVDs, or
USB drives. For each electronic device submitted, the applicant should
include a Table of Contents of all documents and forms on that device.
The electronic media should be submitted to the Rural Development State
Office listed in this Notice where the property is located. Any forms
and documents that are not sent electronically, including the check for
credit reports, must be mailed to the Rural Development State Office.
(2) Email Option. On the Loan Proposal form you will be asked for a
Submission Email Address. This email address will be used to establish
a folder on the USDA server with your unique email address. Once the
Loan Proposal form is processed, you will receive an additional email
notifying you of the email address that you can use to email your forms
and documents. Please Note: All forms and documents must be emailed
from the same Submission Email Address. This will ensure that all forms
and documents that you send will be stored in the folder assigned to
that email address. Any forms and documents that are not sent in via
the email option must be submitted on an electronic media or in hard
copy form to the Rural Development State Office.
(3) Hard Copy Submission to the Rural Development State Office. If
you are unable to send the proposal package electronically using either
of the options listed above, you may send a hard-copy of all forms and
documents to the USDA Rural Development State Office where the property
is located. Hard copy pre-applications received on or before the
deadline date will receive the close of business time of the day
received as the receipt time. Hard copy pre-applications must be
received by the submission deadline and no later than 5:00 p.m., local
time, September 17, 2012. Assistance for filling electronic and hard
cop pre-applications can be obtained from any Rural Development State
Office.
For electronic submissions, there is a time delay between the time
it is sent and the time it is received depending on network traffic. As
a result, last-minute submissions sent before the deadline date and
time could well be received after the deadline date and time because of
the increased network traffic. Applicants are reminded that all
submissions received after the deadline date and time will be rejected,
regardless of when they were sent.
If you receive a loan or grant award under this NOFA, USDA reserves
the right to post all information not protected under the Privacy Act
and submitted as part of the pre-application/application package on a
public Web site with free and open access to any member of the public.
If a pre-application is accepted for further processing, the
applicant must submit a complete, final application, acceptable to
Rural Development prior to the obligation of Rural Development funds.
If the pre-application is not accepted for further processing the
applicant will be notified of appeal rights under 7 CFR part 11.
B. Pre-Application Requirements
1. The pre-application must contain the following:
i. A summary page listing the following items. This information
should be double-spaced between items and not be in narrative form.
(a) Applicant's name.
(b) Applicant's Taxpayer Identification Number.
(c) Applicant's address.
(d) Applicant's telephone number.
(e) Name of applicant's contact person, telephone number, and
address.
(f) Amount of loan and grant requested.
(g) For grants of federal financial assistance (including loans and
grants, cooperative agreements, etc.), the applicant's Dun and
Bradstreet Data Universal Numbering System (DUNS) number and
registration in the Central Contractor Registration (CCR) database in
accordance with 2 CFR part 25. As required by the Office of Management
and Budget (OMB), all grant applicants must provide a DUNS number when
applying for Federal grants, on or after October 1, 2003. Organizations
can receive a DUNS number at no cost by calling the dedicated toll-free
number at 1-866-705-5711 or via Internet at https://www.dnb.com/us/.
Additional information concerning this requirement can be obtained on
the Grants.gov Web Site at https://www.grants.gov. Similarly, applicants
may register for the CCR at: https://uscontractorregistration.com or by
calling 1-877-252-2700.
ii. Awards made under this Notice are subject to the provisions
contained in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012, O.L. No.
112-55 Division A section 735 and 739 regarding corporate
[[Page 42261]]
felony convictions and corporate federal tax delinquencies. To comply
with these provisions, all applicants must complete and include in the
pre-application paragraph (a) of this representation, and all corporate
applicants also must complete paragraph (b) and (c) of this
representation:
(a) Applicant ---------------- [insert applicant name] is ---- is
not ---- (check one) an entity that has filed articles of incorporation
in one of the fifty states, the District of Columbia, or the various
territories of the United States including American Samoa. Federated
States of Micronesia, Guam, Midway Islands, Northern Mariana Islands,
Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S.
Virgin Islands.
(b) Applicant ---------------- [insert applicant name] has ---- has
not ---- (check one) has been convicted of a felony criminal violation
under Federal or state law in the 24 months preceding the date of
application Applicant has ---- has not ---- (check one) had any officer
of agent of the Applicant convicted of a felony criminal violation for
actions taken on behalf of the Applicant under Federal or state law in
the 24 months preceding the date of the signature on the pre-
application.
(c) Applicant ---------------- [insert applicant name] has ---- has
not ---- (check one) any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
tax liability.
iii. A narrative verifying the applicant's ability to meet the
eligibility requirements stated earlier in this notice. If an applicant
is selected for further processing, Rural Development will require
additional documentation as set forth in a Conditional Commitment in
order to verify the entity has the legal and financial capability to
carry out the obligation of the loan.
iv. Standard Form 424, ``Application for Federal Assistance,'' can
be obtained at: https://www.grants.gov or from any Rural Development
State Office listed in Section VII of this Notice.
v. For loan pre-applications, current (within 6 months of pre-
application date) financial statements with the following paragraph
certified by the applicant's designated and legally authorized signer:
I/we certify the above is a true and accurate reflection of our
financial condition as of the date stated herein. This statement is
given for the purpose of inducing the United States of America to
make a loan or to enable the United States of America to make a
determination of continued eligibility of the applicant for a loan
as requested in the loan application of which this statement is a
part.
vi. For loan pre-applications, a check for $40 from applicants made
out to United States Department of Agriculture. This will be used to
pay for credit reports obtained by Rural Development.
vi. Evidence that the applicant is unable to obtain credit from
other sources. Letters from credit institutions which normally provide
real estate loans in the area should be obtained and these letters
should indicate the rates and terms upon which a loan might be
provided. (Note: Not required from State or local public agencies or
Indian tribes.)
vii. If a FLH grant is desired, a statement concerning the need for
a FLH grant. The statement should include preliminary estimates of the
rents required with and without a grant.
viii. A statement of the applicant's experience in operating labor
housing or other rental housing. If the applicant's experience is
limited, additional information should be provided to indicate how the
applicant plans to compensate for this limited experience (i.e.,
obtaining assistance and advice of a management firm, non-profit group,
public agency, or other organization which is experienced in rental
management and will be available on a continuous basis).
ix. A brief statement explaining the applicant's proposed method of
operation and management (i.e., on-site manager, contract for
management services, etc.). As stated earlier in this Notice, the
housing must be managed in accordance with the program's management
regulation, 7 CFR part 3560 and tenancy is limited to ``disabled
domestic farm laborers,'' ``domestic farm laborers,'' and ``retired
domestic farm laborers,'' as defined in 7 CFR part 3560.11.
xi. Applicants must also provide:
(a) A copy of, or an accurate citation to, the special provisions
of State law under which they are organized, a copy of the applicant's
charter, Articles of Incorporation, and By-laws;
(b) The names, occupations, and addresses of the applicant's
members, directors, and officers; and
(c) If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
xii. A preliminary market survey or market study to identify the
supply and demand for labor housing in the market area. The market area
must be clearly identified and may include only the area from which
tenants can reasonably be drawn for the proposed project. Documentation
must be provided to justify a need within the intended market area for
the housing of ``domestic farm laborers,'' as defined in 7 CFR Section
3560.11. The documentation must take into account disabled and retired
farm workers. The preliminary survey should address or include the
following items:
(a) The annual income level of farmworker families in the area and
the probable income of the farm workers who will likely occupy the
proposed housing;
(b) A realistic estimate of the number of farm workers who remain
in the area where they harvest and the number of farm workers who
normally migrate into the area. Information on migratory workers should
indicate the average number of months the migrants reside in the area
and an indication of what type of family groups are represented by the
migrants (i.e., single individuals as opposed to families);
(c) General information concerning the type of labor intensive
crops grown in the area and prospects for continued demand for farm
laborers;
(d) The overall occupancy rate for comparable rental units in the
area and the rents charged and customary rental practices for these
units (i.e., will they rent to large families, do they require annual
leases, etc.);
(e) The number, condition, adequacy, rental rates and ownership of
units currently used or available to farm workers;
(f) A description of the units proposed, including the number,
type, size, rental rates, amenities such as carpets and drapes, related
facilities such as a laundry room or community room and other
facilities providing supportive services in connection with the housing
and the needs of the prospective tenants such as a health clinic or day
care facility, estimated development timeline, estimated total
development cost, and applicant contribution; and
(g) The applicant must also identify all other sources of funds,
including the dollar amount, source, and commitment status. (Note: A
Section 516 grant may not exceed 90 percent of the total development
cost of the housing.) The applicant must submit a checklist,
certification, and signed affidavit by the project architect or
engineer, as applicable, for any energy programs listed in Section IV
the applicant intends to participate in.
xiii. The following forms are required:
(a) A completed Form RD 1940-20, ``Request for Environmental
Information,'' and a description of
[[Page 42262]]
anticipated environmental issues or concerns. The form can be found at
https://www.rurdev.usda.gov/regs/forms/1940-20.pdf.
(b) A prepared HUD Form 935.2A, ``Affirmative Fair Housing
Marketing Plan (AFHM) Multi-family Housing,'' in accordance with 7 CFR
1901.203(c). The plan will reflect that occupancy is open to all
qualified ``domestic farm laborers,'' regardless of which farming
operation they work and that they will not discriminate on the basis of
race, color, sex, age, disability, marital or familial status or
National origin in regard to the occupancy or use of the units. The
form can be found at https://www.hud.gov/offices/adm/hudclips/forms/files/935-2a.pdf.
(c) A proposed operating budget utilizing Form RD 3560-7,
``Multiple Family Housing Project Budget/Utility Allowance,'' can be
found at https://www.rurdev.gov/regs/forms/3560-07.pdf.
(d) An estimate of development cost utilizing Form RD 1924-13,
``Estimate and Certificate of Actual Cost,'' can be found at https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
(e) Form RD 3560-30, ``Certification of no Identity of Interest
(IOI),'' can be found at https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF and Form RD 3560-31, ``Identity of
Interest Disclosure/Qualification Certification,'' can be found at
https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF.
(f) Form HUD 2530, ``Previous Participation Certification,'' can be
found at https://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.
(g) If requesting RA or Operating Assistance, Form RD 3560-25,
``Initial Request for Rental Assistance or Operating Assistance,'' can
be found at https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-25.PDF.
(h) Form RD 400-4, ``Assurance Agreement,'' can be found at https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF.
Applicants for revitalization, repair, and rehabilitation funding are
to apply through the Multi-Family Housing Revitalization Demonstration
Program (MPR).
(i) Evidence of compliance with Executive Order 12372. The
applicant must send a copy of Form SF-424 to the applicant's state
clearinghouse for intergovernmental review. If the applicant is located
in a state that does not have a clearinghouse, the applicant is not
required to submit the form.
xiv. Evidence of site control, such as an option contract or sales
contract. In addition, a map and description of the proposed site,
including the availability of water, sewer, and utilities and the
proximity to community facilities and services such as shopping,
schools, transportation, doctors, dentists, and hospitals.
xv. Preliminary plans and specifications, including plot plans,
building layouts, and type of construction and materials. The housing
must meet Rural Development's design and construction standards
contained in 7 CFR part 1924, subparts A and C and must also meet all
applicable Federal, State, and local accessibility standards.
xvi. A supportive services plan, which describes services that will
be provided on-site or made available to tenants through cooperative
agreements with service providers in the community, such as a health
clinic or day care facility. Off-site services must be accessible and
affordable to farm workers and their families. Letters of intent from
service providers are acceptable documentation at the pre-application
stage.
xvii. A sources and uses statement which shows all sources of
funding included in the proposed project. The terms and schedules of
all sources included in the project should be included in the sources
and uses statement.
xviii. A separate one-page information sheet listing each of the
``Pre-Application Scoring Criteria,'' contained in this Notice,
followed by a reference to the page numbers of all relevant material
and documentation that is contained in the proposal that supports the
criteria.
xix. Applicants are encouraged, but not required, to include a
checklist of all of the pre-application requirements and to have their
pre-application indexed and tabbed to facilitate the review process;
xx. Evidence of compliance with the requirements of the applicable
State Housing Preservation Office (SHPO), and/or Tribal Historic
Preservation Officer (THPO). A letter from the SHPO and/or THPO where
the off-farm labor housing project is located, signed by their designee
will serve as evidence of compliance.
VI. Pre-Application Review Information
All applications for Sections 514 and 516 funds must be filed
electronically or with the appropriate Rural Development State Office
and meet the requirements of this Notice. The Rural Development State
Office will base its determination of completeness of the application
and the eligibility of each applicant on the information provided in
the pre-application.
A. Selection Criteria. Section 514 loan funds and section 516 grant
funds will be distributed to States based on a national competition, as
follows:
1. Rural Development State Office will accept, review, and score
pre-applications in accordance with this Notice. The scoring factors
are:
i. The presence of construction cost savings, including donated
land and construction leverage assistance, for the units that will
serve program-eligible tenants. The savings will be calculated as a
percentage of the Rural Development TDC. The percentage calculation
excludes any costs prohibited by Rural Development as loan expenses,
such as a developer's fee. Construction cost savings includes, but is
not limited to, funds for hard construction costs, and State or Federal
funds which are applicable to construction costs. A minimum of ten
percent cost savings is required to earn points; however, if the total
percentage of cost savings is less than ten percent and the proposal
includes donated land, two points will be awarded for the donated land.
To count as cost savings for purposes of the selection criteria, the
applicant must submit written evidence from the third-party funder that
an application for those funds has been submitted and accepted points
will be awarded in accordance with the following table using rounding
to the nearest whole number.
------------------------------------------------------------------------
Percentage Points
------------------------------------------------------------------------
75 or more..................................................... 20
60-74.......................................................... 18
50-59.......................................................... 16
40-49.......................................................... 12
30-39.......................................................... 10
20-29.......................................................... 8
10-19.......................................................... 5
0-9............................................................ 0
------------------------------------------------------------------------
ii. The presence of operational cost savings, such as tax
abatements, non-Rural Development tenant subsidies or donated services
are calculated on a per-unit cost savings for the sum of the savings.
Savings must be available for at least 5 years and documentation must
be provided with the application demonstrating the availability of
savings for 5 years. To calculate the savings, take the total amount of
savings and divide it by the number of units in the project that will
benefit from the savings to obtain the per unit cost savings. For non-
Rural Development tenant subsidy, if the value changes during the five-
year calculation, the applicant must use the
[[Page 42263]]
lower of the non-rural development tenant subsidy to calculate per-unit
cost savings. For example, a 10 unit property with 100 percent
designated farm labor housing units receiving $20,000 per year non-
rural development subsidy yields a cost savings of $100,000 ($20,000*5
years); resulting to a $10,000 per-unit cost savings ($100,000/10
units).
To determine cost savings in a mixed income complex that will serve
other income levels than farm labor housing income-eligible tenants,
use only the number of units that will serve farm labor housing income-
eligible tenants. Round percentages to the nearest whole number,
rounding up at 0.50 and above and down at 0.49 and below.
Use the following table to apply points.
------------------------------------------------------------------------
Per-unit cost savings Points
------------------------------------------------------------------------
Above $15,000.................................................. 20
$10,001-$15,000................................................ 18
$7,501-$10,000................................................. 16
$5,001-$7,500.................................................. 12
$3,501-$5,000.................................................. 10
$2,001-$3,500.................................................. 8
$1,000-$2,000.................................................. 5
------------------------------------------------------------------------
iii. Percent of units for seasonal, temporary, migrant housing. (5
points for up to and including 50 percent of the units; 10 points for
51 percent or more units used for seasonal, temporary, or migrant
housing.)
iv. Presence of tenant services.
(a) Up to 10 points will be awarded based on the presence of and
extent to which a tenant services plan exists that clearly outlines
services that will be provided to the residents of the proposed
project. These services may include, but are not limited to,
transportation related services, on-site English as a Second Language
(ESL) classes, move-in funds, emergency assistance funds, homeownership
counseling, food pantries, after school tutoring, and computer learning
centers.
(b) Two points will be awarded for each resident service included
in the tenant services plan up to a maximum of 10 points. Plans must
detail how the services are to be administered, who will administer
them, and where they will be administered. All tenant service plans
must include letters of intent that clearly state the service that will
be provided at the project for the benefit of the residents from any
party administering each service, including the applicant.
V. Energy Initiative Properties
(a) Energy Initiatives Properties may receive a maximum of 65
points for energy initiatives. Projects may either be New Construction
or Purchase and Rehabilitation of Existing Non-Farm Labor Housing
Property. Depending on the scope of work, properties may earn ``energy
initiative'' points in one or two categories: (1) New Construction or
Gut Rehabilitation, or (2) General Rehabilitation. Projects will be
eligible for one category or the two, but not both. The project
architect's affidavit should specify which category is applicable.
Properties in any category also may receive points for Energy
Generation and Green Property Management.
Energy programs including LEED for Homes, Green Communities, etc.,
will each have an initial checklist indicating prerequisites for
participation in its energy program. The applicable energy program
checklist will establish whether prerequisites for the energy program's
participation will be met. All checklists must be accompanied by a
signed affidavit by the project architect or engineer stating that the
goals are achievable. The checklist and affidavit must be submitted
together with the loan application.
1. Energy Conservation for New Construction or Gut Rehabilitation
of an Existing Building (maximum 55 points). Projects may be eligible
for up to 55 points when the pre-application includes a written
certification by the applicant to participate in the following energy
efficiency programs.
The points will be allocated as follows:
Participation in the EPA's Energy Star for Homes V3
program (20 points). https://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.pt_bldr or
Participation in the Green Communities program by the
Enterprise Community Partners. (30 points) https://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities or
Participation in one of the following two programs will be
awarded points for certification.
Note: Each program has four levels of certification. State the
level of certification that the applicant plans will achieve in
their certification:
LEED for Homes program by the United States Green
Building Council (USGBC): https://www.usgbc.org/homes.
--Certified Level (30 points), or
--Silver Level (35 points), or
--Gold Level (40 points), or
--Platinum Level (45 points), or
The National Association of Home Builders (NAHB) ICC
700-2008 National Green Building Standard TM: https://www.nahb.org.
--Bronze Level (30 points), or
--Silver Level (35 points), or
--Gold Level (40 points), or
--Emerald Level (45 points) and
Participation in the Department of Energy's Builder's
Challenge program. (8 points) https://www1.eere.energy.gov/builders/challenge/ and
Participation in local green/energy efficient building
standards; Applicants who participate in a city, county or
municipality program, will receive an additional 2 points. The
applicant should be aware of and look for additional requirements
that are sometimes embedded in the third-party program's rating and
verification systems. (2 points)
2. Energy Conservation for General Rehabilitation (maximum 32
points). Pre-applications for the purchase and substantial
rehabilitation of non-program MFH and related facilities in rural areas
may be eligible to receive 32 points for the following initiatives.
Participation in the EPA's Energy Star for Homes V3
program will be awarded 30 points for any project that qualifies for
the program. (30 points) https://www.enterprisecommunity.com/csolutions-and-innovation/enterprise-green-communities and
Participation in local green/energy efficient building standards;
Applicants who participate in a city, county or municipality program,
will receive an additional 2 points. The applicant should be aware of
and look for additional requirements that are sometimes embedded in the
third-party programs' rating and verification system. (2 points)
3. Energy Generation (maximum 5 points). Pre-applications for new
construction or purchase and rehabilitation of non-program multi-family
projects which participate in the Energy Star for Homes V3 program,
Green Communities, LEED for Homes or NAHB's National Green Building
Standard (ICC-700) 2008, receive at least 8 points for energy
generation will compliment a weatherlight, well insulated building
envelope with highly efficient mechanical systems. Possible renewable
energy generation technologies include, but are not limited to: Wind
turbines and micro-turbines, micro-hydro power, and photovoltaics
(capable of producing a voltage when exposed to radiant energy,
especially light), solar hot water systems and biomass/biofuel systems
that do not use fossil fuels in production. Geo-exchange systems are
highly encouraged as they lessen the total demand for energy and, if
supplemented with other renewable energy sources, can achieve zero
energy consumption more easily. Points under this section will be
awarded as follows. Projects with preliminary or rehabilitation
building plans and energy analysis propose a 10 percent to 100 percent
energy generation commitment
[[Page 42264]]
(where generation is considered by the total amount of energy needed to
be generated on-site to make the building a net-zero consumer of
energy) may be awarded points corresponding to their percent of
commitment as follows:
(a) 0 to 9 percent commitment to energy generation receives 0
points;
(b) 10 to 29 percent commitment to energy generation receives 1
point;
(c) 30 to 49 percent commitment to energy generation receives 2
points;
(d) 50 to 69 percent commitment to energy generation receives 3
points;
(e) 70 to 89 percent commitment to energy generation receives 4
points;
(f) 90 percent or more commitment to energy generation receives 5
points. In order to receive more than 1 point for this energy
generation section, an accurate energy analysis prepared by an engineer
will need to be submitted with the pre-application. Energy analysis of
preliminary building plans using industry-recognized simulation
software must document the projected total energy consumption of the
building, the portion of building consumption which will be satisfied
through on-site generation, and the builder's Home Energy Rating System
(HERS) score.
4. Property Management Credentials (5 points). Projects may be
awarded an additional 5 points if the designated property management
company or individuals that will assume maintenance and operations
responsibilities upon completion of construction work have a Credential
for Green Property Management. Credentialing can be obtained from the
National Apartment Association (NAA), National Affordable housing
Management Association, the Institute for Real Estate Management, U.S.
Green Building Council's Leadership in Energy and Environmental Design
for Operations and Maintenance (LEED OM), or another source with a
certifiable credentialing program. Credentialing must be illustrated in
the resume(s) of the property management team and included with the
pre-application.
The National Office will rank all pre-applications nationwide and
distribute funds to States in rank order, within funding and RA limits.
A lottery in accordance with 7 CFR 3560.56(c) (2) will be used for
applications with tied point scores when the all cannot be funded. If
insufficient funds or RA remain for the next ranked proposal, that
applicant will be given a chance to modify their pre-application to
bring it within remaining funding levels. This will be repeated for
each next ranked eligible proposal until an award can be made or the
list is exhausted. Rural Development will notify all applicants whether
their applications have been selected or rejected and provide appeal
rights under 7 CFR part 11, as appropriate.
VII. Award Administration Information
A. Award Notices
Loan applicants must submit their initial applications by the due
date specified in this Notice. Once the applications have been scored
and ranked by the National Office the National Office will advise
States Offices of the proposals selected for further processing, State
Offices will respond to applicants by letter.
If the application is not accepted for further processing, the
applicant will be notified of appeal rights under 7 CFR part 11.
B. Administrative and National Policy
All Farm Labor Housing loans and grants are subject to the
restrictive-use provisions contained in 7 CFR part 3560.72(a) (2).
C. Reporting
Borrowers must maintain separate financial records for the
operation and maintenance of the project and for tenant services.
Tenant services will not be funded by Rural Development. Funds
allocated to the operation and maintenance of the project may not be
used to supplement the cost of tenant services, nor may tenant service
funds be used to supplement the project operation and maintenance.
Detailed financial reports regarding tenant services will not be
required unless specifically requested by Rural Development, and then
only to the extent necessary for Rural Development and the borrower to
discuss the affordability (and competitiveness) of the service provided
to the tenant. The project audit, or verification of accounts on Form
RD 3560-10, ``Borrower Balance Sheet,'' together with an accompanying
Form RD 3560-7, ``Multiple Family Housing Project Budget Utility
Allowance,'' showing actual, must allocate revenue and expense between
project operations and the service component.
IX. USDA Rural Development MFH State Office Contacts
(Note: Telephone numbers listed are not toll-free.)
Alabama State Office
Suite 601, Sterling Centre, 4121 Carmichael Road, Montgomery, AL
36106-3683, (334) 279-3455, Anne Chavers.
Alaska State Office
800 West Evergreen, Suite 201, Palmer, AK 99645, (907) 761-7723,
Cindy Jackson.
Arizona State Office
Phoenix Courthouse and Federal Building, 230 North First Ave.,
Suite 206, Phoenix, AZ 85003-1706, (602) 280-8764, Ernie Wetherbee.
Arkansas State Office
700 W. Capitol Ave., Room 3416, Little Rock, AR 72201-3225, (501)
301-3254, Jackie Young.
California State Office,
430 G Street, 4169, Davis, CA 95616-4169, (530) 792-5821,
Debra Moretton.
Colorado State Office
USDA Rural Development, Denver Federal Center, Building 56, Room
2300, P.O. Box 25426, Denver, CO 80225-0426, (720) 544-2923, Mary
Summerfield.
Connecticut
Served by Massachusetts State Office
Delaware and Maryland State Office
1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857-
3615, Debra Eason.
Florida & Virgin Islands State Office
4440 NW. 25th Place, Gainesville, FL 32606-6563, (352) 338-3465,
Tresca Clemmons.
Georgia State Office
Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA 30601-
2768, (706) 546-2164, Jack Stanek.
Hawaii State Office
(Services all Hawaii, American Samoa, Guam, and Western Pacific),
Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720,
(808) 933-8305, Nate Reidel.
Idaho State Office
Suite A1, 9173 West Barnes Dr., Boise, ID 83709, (208) 378-5628,
Joyce Weinzetl.
Illinois State Office
2118 West Park Court, Suite A, Champaign, IL 61821-2986, (217) 403-
6222, Barry L. Ramsey.
Indiana State Office
5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290-3100
(ext. 425), Douglas Wright.
Iowa State Office
210 Walnut Street Room 873, Des Moines, IA 50309, (515) 284-4493,
Shannon Chase.
Kansas State Office
1303 SW First American Place, Suite 100, Topeka, KS 66604-4040,
(785) 271-2721, Mike Resnik.
Kentucky State Office
771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-
7325, Paul Higgins.
Louisiana State Office
3727 Government Street, Alexandria,
[[Page 42265]]
LA 71302, (318) 473-7962, Yvonne R. Emerson.
Maine State Office
967 Illinois Ave., Suite 4, P.O. Box 405, Bangor, ME 04402-0405,
(207) 990-9110, Bob Nadeau.
Maryland
Served by Delaware State Office
Massachusetts, Connecticut, & Rhode Island State Office
451 West Street, Amherst, MA 01002, (413) 253-4310, Richard Lavoie.
Michigan State Office
3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517) 324-
5192, Julie Putnam.
Minnesota State Office
375 Jackson Street Building, Suite 410, St. Paul, MN 55101-1853,
(651) 602-7820, Linda Swanson.
Mississippi State Office
Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS
39269, (601) 965-4325, Darnella Smith-Murray.
Missouri State Office
601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO
65203, (573) 876-0987, Rachelle Long.
Montana State Office
2229 Boot Hill Court, Bozeman, MT 59715, (406) 585-2515, Deborah
Chorlton.
Nebraska State Office
Federal Building, Room 152, 100 Centennial Mall N, Lincoln, NE
68508, (402) 437-5734, Linda Anders.
Nevada State Office
1390 South Curry Street, Carson City, NV 89703-5146, (775) 887-1222
(ext. 105), William Brewer.
New Hampshire State Office
Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH
03301-5004, (603) 223-6050, Heidi Setien.
New Jersey State Office
5th Floor North Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ
08054, (856) 787-7732, Neil Hayes.
New Mexico State Office
6200 Jefferson St. NE., Room 255, Albuquerque, NM 87109, (505) 761-
4945, Yvette Wilson.
New York State Office
The Galleries of Syracuse, 441 S. Salina Street, Suite 357 5th
Floor, Syracuse, NY 13202, (315) 477-6421, Michael Bosak.
North Carolina State Office
4405 Bland Road, Suite 260, Raleigh, NC 27609, (919) 873-2055,
Beverly Casey.
North Dakota State Office
Federal Building, Room 208, 220 East Rosser, P.O. Box 1737,
Bismarck, ND 58502, (701) 530-2049, Kathy Lake.
Ohio State Office
Federal Building, Room 507, 200 North High Street, Columbus, OH
43215-2477, (614) 255-2409, Cathy Simmons.
Oklahoma State Office
100 USDA, Suite 108, Stillwater, OK 74074-2654, (405) 742-1070,
Laurie Ledford.
Oregon State Office
1201 NE Lloyd Blvd., Suite 801, Portland, OR 97232, (503) 414-3353,
Rod Hansen.
Pennsylvania State Office
One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996, (717)
237-2281, Martha Hanson.
Puerto Rico State Office
654 Munoz Rivera Avenue, IBM Plaza, Suite 601, Hato Rey, PR 00918,
(787) 766-5095 (ext. 249), Lourdes Colon.
Rhode Island
Served by Massachusetts State Office
South Carolina State Office
Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007,
Columbia, SC 29201, (803) 765-5122, Tim Chandler.
South Dakota State Office
Federal Building, Room 210, 200 Fourth Street SW., Huron, SD 57350,
(605) 352-1136, Linda Weber.
Tennessee State Office
Suite 300, 3322 West End Avenue, Nashville, TN 37203-1084, (615)
783-1380, Kathy Connelly.
Texas State Office
Federal Building, Suite 102, 101 South Main, Temple, TX 76501,
(254) 742-9711, John Kirchhoff.
Utah State Office
Wallace F. Bennett Federal Building, 125 S. State Street, Room
4311, Salt Lake City, UT 84147-0350, (801) 524-4325, Janice Kocher.
Vermont State Office
City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602, (802)
828-6015, Robert McDonald.
Virgin Islands
Served by Florida State Office
Virginia State Office
Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA
23229, (804) 287-1596, CJ Michels.
Washington State Office
1835 Black Lake Blvd., Suite B, Olympia, WA 98512, (360) 704-7706,
Bill Kirkwood.
Western Pacific Territories
Served by Hawaii State Office
West Virginia State Office
Federal Building, 75 High Street, Room 320, Morgantown, WV 26505-
7500, (304) 372-3441 ext 105, Penny Thaxton.
Wisconsin State Office
4949 Kirschling Court, Stevens Point, WI 54481, (715) 345-7620 ext
157, Debbie Biga.
Wyoming State Office
P.O. Box 11005, Casper, WY 82602, (307) 233-6716, Timothy Brooks.
Dated: July 12, 2012.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2012-17462 Filed 7-17-12; 8:45 am]
BILLING CODE 3410-XV-P