Notice of Funding Availability: Multi-Family Housing Preservation and Revitalization Demonstration Program-Section 514, 515, and 516 for Fiscal Year 2013, 75121-75143 [2012-30190]
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sroberts on DSK5SPTVN1PROD with
Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices
Abstract: The National Agricultural
Statistics Service (NASS) of the United
States Department of Agriculture
(USDA) will request approval from the
Office of Management and Budget
(OMB) for generic clearance that will
allow NASS to rigorously develop, test,
and evaluate its survey instruments and
methodologies. The primary objectives
of the National Agricultural Statistics
Service are to prepare and issue State
and national estimates of crop
production, livestock production,
economic statistics, and environmental
statistics related to agriculture and to
conduct the Census of Agriculture. This
request is part of an on-going initiative
to improve NASS surveys, as
recommended by both its own
guidelines and those of OMB.
In the last decade, state-of-the art
techniques have been increasingly
instituted by NASS and other Federal
agencies and are now routinely used to
improve the quality and timeliness of
survey data and analyses, while
simultaneously reducing respondents’
cognitive workload and burden. The
purpose of this generic clearance is to
allow NASS to continue to adopt and
use these state-of-the-art techniques to
improve its current data collections on
agriculture. They will also be used to
aid in the development of new surveys.
NASS envisions using a variety of
survey improvement techniques, as
appropriate to the individual project
under investigation. These include
focus groups, cognitive and usability
laboratory and field techniques,
exploratory interviews, behavior coding,
respondent debriefing, pilot surveys,
and split-panel tests.
Following standard OMB
requirements NASS will submit a
change request to OMB individually for
each survey improvement project it
undertakes under this generic clearance
and provide OMB with a copy of the
questionnaire (if one is used), and all
other materials describing the project.
These data will be collected under the
authority of 7 U.S.C. 2204(a).
Individually identifiable data collected
under this authority are governed by
Section 1770 of the Food Security Act
of 1985, 7 U.S.C. 2276, which requires
USDA to afford strict confidentiality to
non-aggregated data provided by
respondents. This Notice is submitted in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13)
and Office of Management and Budget
regulations at 5 CFR part 1320 (60 FR
44978, August 29, 1995). NASS also
complies with OMB Implementation
Guidance, ‘‘Implementation Guidance
for Title V of the E-Government Act,
Confidential Information Protection and
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Statistical Efficiency Act of 2002
(CIPSEA),’’ Federal Register, Vol. 72,
No. 115, June 15, 2007, p. 33362.
Estimate of Burden: Public reporting
burden for these collections of
information is estimated to average from
15 minutes to 1.5 hours per respondent,
dependant upon the survey and the
technique used to test for that particular
survey.
Respondents: Farmers, ranchers, farm
managers, farm contractors, agribusinesses, and households.
Estimated Number of Respondents:
20,000.
Frequency of Responses: On occasion.
Estimated Total Annual Burden:
10,000 hours.
Copies of this information collection
and related instructions can be obtained
without charge from David Hancock,
NASS Clearance Officer, at (202) 690–
2388.
Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, through
the use of appropriate automated,
electronic, mechanical, technological or
other forms of information technology
collection methods.
All responses to this notice will
become a matter of public record and be
summarized in the request for OMB
approval.
Signed at Washington, DC, December 3,
2012.
Joseph T. Reilly,
Associate Administrator.
[FR Doc. 2012–30506 Filed 12–18–12; 8:45 am]
BILLING CODE 3410–20–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: MultiFamily Housing Preservation and
Revitalization Demonstration
Program—Section 514, 515, and 516
for Fiscal Year 2013
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
USDA Rural Development,
which administers the programs of the
SUMMARY:
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75121
Rural Housing Service (RHS or Agency),
announces the availability of up to
$19.9 million in program dollars, and
the timeframe to submit applications to
participate in a demonstration program
to preserve and revitalize existing rural
rental housing projects under Section
515, Section 514, and Section 516 of the
Housing Act of 1949, as amended.
Under the demonstration program
existing Section 515 Multi-Family
Housing (MFH) loans and Section 514/
516 Off-Farm Labor Housing loans will
be restructured to ensure that sufficient
resources are available to preserve the
ability of rental projects to provide safe
and affordable housing for very low-,
low- or moderate-income residents.
Projects participating in this program
will be expected to be revitalized to
extend their affordable use without
displacing tenants because of increased
rents. No additional Agency Rental
Assistance (RA) units will be made
available under this program.
DATES: Pre-applications in response to
this Notice will be accepted until
February 28, 2013, 5:00 p.m., Eastern
Time. The pre-application closing
deadline is firm as to date and hour. The
Agency will not consider any preapplication that is received after the
closing deadline. Applicants intending
to mail pre-applications must allow
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 pre-applications will
not be accepted.
FOR FURTHER INFORMATION CONTACT:
Sherry Engel or Tiffany Tietz, at
sherry.engel@wdc.usda.gov or
tiffany.tietz@wdc.uda.gov, at (715) 345–
7677 or (616) 942–4111, extension 126,
Finance and Loan Analyst, MultiFamily Housing Preservation and Direct
Loan Division, STOP 0782, (Room
1263–S), U.S. Department of
Agriculture, Rural Housing Service,
1400 Independence Avenue SW.,
Washington, DC 20250–0782. All hard
copy pre-applications and required
documents (attachments) must be
submitted to this address. (Please note
this telephone number is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The information collection
requirements contained in this Notice
have received approval from the Office
of Management and Budget (OMB)
under Control Number 0570–0190.
Overview Information
Federal Agency Name: RHS, USDA.
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices
Funding Opportunity Title: MultiFamily Housing Preservation and
Revitalization Demonstration Program—
Section 514, 515, and 516 for Fiscal
Year 2013.
Announcement Type: Inviting
applications from eligible applicants for
Fiscal Year 2013, Funding.
Catalog of Federal Domestic Assistance
Number (CFDA): 10.447
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DATES: Pre-applications in response to
this Notice will be accepted until
February 28, 2013, 5:00 p.m., Eastern
Time. The pre-application closing
deadline is firm as to date and hour. The
Agency will not consider any preapplication that is received after the
closing deadline. Applicants intending
to mail pre-applications must allow
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 pre-applications will
not be accepted.
I. Funding Opportunities Description
The Consolidated and Further
Continuing Appropriations Act, 2012
(Pub. L. 112–55) (November 18, 2011)
authorized the Agency to conduct a
demonstration program for the
preservation and revitalization of the
Section 515 MFH portfolio and Section
514/516 Off-Farm Labor Housing (FLH)
portfolio. Sections 514, 515 and 516
MFH programs are authorized by the
Housing Act of 1949, as amended (42
U.S.C. 1484, 1485, 1486) and provide
Rural Development with the authority to
provide financial assistance for lowincome MFH and FLH and related
facilities as defined in 7 CFR Part 3560.
This Notice solicits pre-applications
from eligible borrowers/applicants to
restructure existing MFH projects
already participating in the Agency’s
Section 515 MFH portfolio and Section
514/516 FLH portfolio for the purpose
of revitalization and preservation.
Eligible borrowers are sometimes
referred to in this Notice as
‘‘applicants,’’ ‘‘borrowers,’’ ‘‘applicant/
borrowers,’’ or ‘‘owners’’ as seems most
appropriate for the context of the
relevant Notice provision. The
demonstration program shall be referred
to in this Notice as the Multi-Family
Housing Preservation and Revitalization
Demonstration program (MPR). Agency
regulations for the Section 515 MFH
program and the Section 514/516 FLH
program are published at 7 CFR part
3560.
The intent of the MPR is to ensure
that existing rental projects will
continue to deliver decent, safe and
sanitary affordable rental housing for 20
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years or the remaining term of any
Agency loan, whichever ends later.
Applications will be selected by the
Agency in the process described in this
Notice and the selected applicants will
be invited to participate in the MPR
demonstration program. Upon written
notification to the Agency from the
selected applicant of acceptance to
participate, an independent third-party
capital needs assessment (CNA) will be
conducted to provide a fair and
objective review of projected capital
needs. The Agency shall implement the
restructuring proposal that may be
offered under this Notice through an
MPR Conditional Commitment
(MPRCC) with the eligible borrower/
applicant which will include all the
terms and conditions offered by the
Agency.
One of the restructuring tools to be
used in this program is debt deferral for
up to 20 years of the existing Section
514 or 515 loans obligated prior to
October 1, 1991. The cash flow from the
deferred payment will be deposited, as
directed by the Agency, to the reserve
account to help meet the future physical
needs of the project or to reduce rents.
Debt deferral is described as follows:
MPR Debt Deferral: A deferral of the
existing Section 514 or 515 Agency
loan(s), obligated on or before 9/30/
1991, for the lesser of the remaining
term of the existing 514 or 515 loan or
20 years. All terms and conditions of the
deferral will be described in the MPR
Debt Deferral Agreement. A balloon
payment of principal and accrued
interest will be due at the end of the
deferral period. Interest will accrue at
the promissory note rate and subsidy
will be applied as set out in the
Agency’s Interest Credit and Rental
Assistance Agreement, if applicable.
Other Agency MPR tools are as
follows:
1. MPR Grant: A grant limited to nonprofit applicants/borrowers only. The
grant will be limited to the cost of
correcting health and safety violations
or other physical needs of the project
identified by the CNA and accepted by
the Agency. The grant administration
will be in accordance with applicable
provisions of 7 CFR parts 3015 and
3019.
2. MPR Zero Percent Loan: A loan
with zero percent interest.
(a) For Section 515 Rural Rental
Housing projects, the maximum term
will be 30 years and be amortized over
50 years.
(b) For Section 514/516 projects, the
loan will be amortized over a maximum
term of 33 years.
3. MPR Soft-Second Loan: A loan with
a one percent interest rate that will have
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its accrued interest and principal
deferred, to a balloon payment. The
balloon payment will be due at the same
time the latest maturing Section 514 or
Section 515 loan already in place at the
time of closing or the maturity date of
any current loan being re-amortized as
part of the restructuring is due. The
term of the soft second loan will not be
timed to match the term of any new
Section 514 or 515 loan added during
the transaction.
4. Increased Return to Owner (RTO)
for Stay-in-Owners: Section 515 stay-inowners, who will retain their project
and contribute cash, other than
proceeds from the sale of Low Income
Housing Tax Credits, to fund any hard
costs of construction to meet immediate
needs identified by the CNA, may
receive a Return on Investment (ROI) on
those funds provided the Agency
determines an increased ROI is
financially feasible, and the Agency
approves such a return in the
revitalization plan. The Agency may
also offer that the RTO be included in
a ‘‘cash flow split’’ agreement as
outlined in a MPRCC. The cash flow
split, if approved, will allow up to 50
percent of excess cash, generated at the
end of the owner’s fiscal year end, to be
split equally between paying down any
outstanding deferred Agency loan
balances and 50 percent to be returned
to the borrower as an increased RTO,
subject to the provisions of 7 CFR
3560.68.
MPR funds cannot be used to build
community rooms, playgrounds,
laundry rooms or additional new units,
unless the additional unit(s) are needed
for the project to meet the 5 percent
fully accessible requirement as defined
by Uniform Federal Accessibility
Standards (UFAS) and the Agency
concurs. However, other funding
sources as outlined below in (i) through
(vi) can be used either for revitalization
or for the improvements listed above.
i. Rural Development Section 515
Rehabilitation loan funds;
ii. Rural Development Section 514/
516 Off-Farm rehabilitation loan/grant
funds;
iii. Rural Development Section 538
Guaranteed Rural Rental Housing
Program financing;
iv. Rural Development Multi-Family
Housing Re-Lending Demonstration
Program Funds;
v. Third-party loans with below
market rates (below the Applicable
Federal Rate (AFR)), grants, tax credits
and tax-exempt financing; and
vi. Owner-provided capital
contributions in the form of a cash
infusion. A cash infusion cannot be a
loan.
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices
Transfers, subordinations, and
consolidations may be approved as part
of a MPR transaction in accordance with
7 CFR Part 3560. If a transfer is part of
the MPR transaction, the transfer must
first meet the requirements of 7 CFR
3560.406 before the MPR transaction is
processed.
For the purposes of the MPR, the
restructuring transactions will be
identified in three categories:
1. ‘‘Simple transactions’’ involve no
change in ownership.
2. ‘‘Complex transactions’’ may
consist of a project transfer to a new
ownership, processed in accordance
with 7 CFR 3560.406, with or without
a consolidation, or transactions
requiring a subordination agreement as
a result of third-party funds. The
applicant will submit one preapplication form. If a consolidation is
proposed, all projects to be consolidated
will be listed on one pre-application
form. To be a complex transaction, at
the MPR closing, the Agency assumes
only one project remains upon
completion.
3. A ‘‘Portfolio transaction’’ includes
two or more projects with one stay-in
owner, or two or more projects with
multiple project sale transactions to a
common purchaser all located in one
State. Each project included in the
transaction will be submitted on a
separate pre-application form unless
some projects are being consolidated in
which case those projects being
consolidated will be listed on the same
pre-application form. Each preapplication must have the same
Portfolio name. If the owner chooses to
remove one or more projects from the
proposal, at least two projects must
remain in order to be classified as a
portfolio transaction. At the end of the
transaction, it is assumed there will be
two or more projects remaining. The
stay-in owner or common purchaser
must have at least one general partner
in common.
A transaction within each category
may utilize any or all restructuring
tools. Restructuring tools that may be
available to address the capital needs of
a project must be used to address
preservation and rehabilitation items
identified in the CNA.
The liens against the project, with the
exception of Agency deferred debt,
cannot exceed Agency approved value
of the project. All Agency debt, either in
first lien position or a subordinated lien
position, must be secured by the project,
except deferred debt which is not
included in the Agency’s total lien
position for computation of adequate
security. Payment of such deferred debt
will not be required from normal project
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operations income, but from excess cash
from project operations after all other
secured debts are satisfied or as directed
by the Agency.
The general steps of the MPR
application process are as follows:
1. Pre-application: Applicants must
submit a pre-application described in
Section VI. This pre-application process
is designed to lessen the cost burden on
all applicants including those who may
not be eligible or whose proposals may
not be feasible.
Note: If you receive a loan or grant award
under this Notice, USDA reserves the right to
post all information submitted as part of the
pre-application/application package which is
not protected under the Privacy Act on a
public Web site with free and open access to
any member of the public.
2. Eligible Projects: Using criteria
described below in Section III, the
Agency will conduct an initial screening
for eligibility. As described in Section
VIII, the Agency will conduct an
additional eligibility screening later in
the selection process.
3. Scoring and Ranking: All complete,
eligible and timely-filed preapplications will be scored, ranked and
put in potential funding categories as
discussed in Sections VI and VII.
4. Formal Applications: Top ranked
pre-applicants will receive a letter from
the Agency inviting them to submit a
formal application. As discussed in
Section VIII paragraph (2) of this Notice,
the Agency will require the owner to
provide a CNA completed in accordance
with the Agency’s published guidance,
(available at https://
www.rurdev.usda.gov/HMF_MPR.html)
in order to underwrite the proposal to
determine financial feasibility and to
determine the proper combination of
tools to be offered to the applicant.
When proposals are found to be
ineligible or financially infeasible
applicants will be informed of this
ineligibility or financial infeasibility.
Any proposal denied by the Agency will
be returned to the applicant and the
applicant will be given appeal rights
pursuant to 7 CFR part 11.
5. Financial Feasibility: Using the
results of the CNA to help identify the
need for resources and applicant
provided information regarding
anticipated or available third-party
financing, the Agency will determine
the financial feasibility of each potential
transaction, using restructuring tools
available either through existing
regulatory authorities or specifically
authorized through this demonstration
program. A project is financially feasible
when it can provide affordable, decent,
safe, and sanitary housing for 20 years
or the remaining term of any Agency
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75123
loan, whichever ends later, by using the
authorities of this program while
minimizing the cost to the Agency, and
without increasing rents for eligible
tenants or farm laborers, except when
necessary to meet normal and necessary
operating expenses. If the transaction is
determined financially feasible by the
Agency, the borrower will be offered a
restructuring proposal, if funding is
available. This will include a
requirement that the borrower will
execute, for recordation, an Agency
approved restrictive use covenant for a
period of 20 years, the remaining term
of any loans, or the remaining term of
any existing restrictive-use provisions,
whichever ends later. The restructuring
proposal will be established in the form
of the MPRCC.
6. MPR Agreements: If the offer is
accepted by the applicant, the applicant
must accept the MPRCC. By accepting
the offer, the applicant must also agree
to restrict the project pursuant to the
MPRCC. Any third-party lender will be
required to subordinate to the Agency’s
restrictive use covenant unless the
Agency determines, on a case-by-case
basis, that the lender’s refusal to
subordinate will not compromise the
purpose of the MPR. As part of the
MPRCC, the Agency may require the
applicant to sign an Agency approved
agreement that requires the owner to
escrow reserve, tax, and insurance
payments in accordance with all
pertinent current and future Agency
regulations not otherwise inconsistent
with this Notice. In addition, the
MPRCC may also require the applicant
to accept future rent increases based on
an Annual Adjustment Factor (AAF)
determined by the Secretary. The AAF
allows rents to be adjusted by the
annual inflation factor as determined by
the United States Office of Management
and Budget. The exact AAF will be
established in the MPRCC.
7. General Requirements: The MPR
transactions may be conducted with a
stay-in owner (simple) or may involve a
change in ownership (complex or
portfolio). Any housing or related
facilities that are constructed or repaired
must meet the Agency design and
construction standards and the
development standards contained in 7
CFR part 1924, subparts A and C,
respectively. Once constructed, Section
515 MFH and Section 514/516 FLH
projects must be managed in accordance
with 7 CFR part 3560. Tenant eligibility
will be limited to persons who qualify
as an eligible household under Agency
regulations. Tenant eligibility
requirements are contained in 7 CFR
3560.152.
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices
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8. Voluntary ‘‘Community Market
Rent’’ Demonstration (available for
Section 515 projects only): In
conjunction with this demonstration,
the Agency also announces the
opportunity for all successful Section
515 applicants to participate on a
voluntary basis in a viability test of a 30
percent limitation on tenant rents, as
proposed in Section 544 (b)(7) of Saving
American’s Rural Housing Act of 2006,
H.R. 5069, for post-restructured
properties. Owners of projects in the
Section 515 MPR program may elect to
participate in the ‘‘community market
rent’’ demonstration which will allow
an owner to set a rent above the
approved basic rent for any unit not
currently occupied by a tenant receiving
Agency RA. Eligible tenants for these
units must have adjusted annual
incomes sufficient to allow them to pay
the community market rent using less
than 30 percent of their adjusted
income. With the Agency’s consent, up
to 50 percent of the difference between
the basic rent and the new ‘‘community
market rent’’ could be retained by the
owner as an increased return.
For example, if the basic rent is $350,
the owner could create a community
market rent at $410, and market the unit
to tenants who could pay the $410 rent
at less than 30 percent of adjusted
income. A percentage of the $60
difference could be retained by the
owner, as negotiated with the Agency,
up to $30.
Prior to implementation of the
community market rent demonstrations,
the Agency will issue guidance to
successful applicants who have
indicated an interest in participating in
the demonstration providing further
details with respect to the program.
II. Award Information
The Consolidated and Further
Continuing Appropriations Act, 2012
(Pub. L. 112–55), November 18, 2011,
appropriated $2,000,000 in budget
authority to operate the MPR
Demonstration Program. The budget
authority is anticipated to make
approximately $19.9 million available
in program funds depending on the
funding tools used. This funding
remains available until expended.
All Agency funding of applications
submitted under this Notice must be
approved no later than September 30,
2013. Applicants are alerted that the
Agency has unfunded applications
carried over from prior Notices that will
receive priority based on that Notice. If
funds available for the MPR are fully
committed before all eligible preapplications selected for further
processing are funded, the Agency shall
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suspend further processing of the preapplications at that time. If additional
funding is received during 2013,
processing will continue. Any preapplications or applications that have
not been approved by September 30,
2013, will be considered (based on
scoring under the prior applicable
Notice) with any pre-applications
received under any future Notice unless
the application is withdrawn. Any preapplications selected under this Notice,
or prior Notices, that are not approved
by the Agency prior to September 30,
2014, will be considered withdrawn
automatically. However, the applicants
may reapply for funding under future
Notices.
III. Eligibility Information
Applicants (and the principals
associated with each applicant) must
meet the following requirements:
1. Eligibility under applicable
provisions of 7 CFR 3560.55 and
3560.555; however, the requirements
described in 7 CFR 3560.55(a)(5)
pertaining to required borrower
contributions and paragraph (a)(6)
pertaining to required contributions of
initial operating capital are waived for
all MPR proposals. Eligibility
consideration also includes the
continued ability of the borrower/
applicant to provide acceptable
management and will include an
evaluation of any current outstanding
deficiencies. Any outstanding
violations, recorded in the Agency’s
Automated MFH Information System
(MFIS), will preclude further processing
of any MPR applications associated with
the borrower or Identity of Interest (IOI)
management agent unless there is a
current, approved workout plan in place
and the plan is being satisfactorily
followed as determined by the Agency.
2. For Section 515 Rural Rental
Housing (RRH) projects, the average
physical vacancy rate for the 12 months
preceding the filing of the preapplication can be no more than 10
percent for projects of 16 units or more
and no more than 15 percent for projects
less than 16 units unless an exception
applies under Section VI paragraph
(1)(ii) of this Notice. If a project
consolidation is involved, the
consolidation will remain eligible so
long as the average vacancy rate for all
the projects involved meets the
occupancy standard noted in this
paragraph. Projects that do not meet the
occupancy threshold at the time of filing
the application may be withdrawn by
the owner from the application process
without jeopardizing the application.
3. For Section 514/516 FLH projects,
rather than an average physical vacancy
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rate as noted in III(2) above, a positive
cash flow for the previous full 3 years
of operation is required unless an
exception applies under Section VI
paragraph (1)(ii) of this Notice.
4. Ownership of and ability to operate
the project after the transaction is
completed. In the event of a transfer, the
proposed transferee, with an executed
purchase agreement or other evidence of
site control, must apply. Purchase
agreements that are not executed or are
expired will not be accepted.
5. An Agency approved CNA (for
guidance refer to https://
www.rurdev.usda.gov/HMF_MPR.html
and an Agency financial evaluation
must be conducted to ensure that
utilization of the restructuring tools of
the MPR program is financially feasible
and necessary for the revitalization and
preservation of the project for affordable
housing. Initial eligibility for processing
will be determined as of the date of the
pre-application filing deadline. The
Agency reserves the right to discontinue
processing any application due to
material changes in the applicant’s
status occurring at any time after the
initial eligibility determination.
6. Please note that all grant eligible
applicants must obtain a Dun and
Bradstreet Data Universal Numbering
System (DUNS) number and register in
the Central Contractor Registration
(CCR) prior to submitting a preapplication pursuant to 2 CFR 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 consideration
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 17a. So long as an entity
applicant does not have an exception
under 2 CFR 170.110(b), the applicant
must have the necessary processes and
systems in place to comply with the
reporting requirements should the
applicant receive funding. See 2 CFR
170.200(b).
IV. Equal Opportunity and
Nondiscrimination Requirements
USDA is an equal opportunity
provider, employer, and lender.
1. Borrowers and applicants will
comply with the provisions of 7 CFR
3560.2.
2. All housing must meet the
accessibility requirements found at 7
CFR 3560.60(d).
3. All MPR participants must submit
or have on file a valid Form RD 400–1,
‘‘Equal Opportunity Agreement’’ and
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Form RD 400–4, ‘‘Assurance
Agreement.’’
USDA prohibits discrimination in all
its programs and activities on the basis
of race, color, national origin, age,
disability, sex, marital status, familial
status, religion, sexual orientation, or
because all or part of an individual’s
income is derived from any public
assistance program. (Not all prohibited
bases apply to all programs.) Persons
with disabilities who require alternative
means for communication of program
information (Braille, large print,
audiotape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600
(Voice and TDD). To file a complaint of
discrimination, write to USDA, Director,
Office of Adjudication and Compliance,
1400 Independence Avenue SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (Voice) or (202) 720–
6382 (TDD).
The policies and regulations
contained in 7 CFR Part 1901, Subpart
E, apply to this program.
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V. Authorities Available for MPR
MPR tools will be used in accordance
with 7 CFR part 3560. The program will
be administered within the resources
available to the Agency through Public
Law 112–55 and any future
appropriations for the preservation and
revitalization of Section 514/516 and
Section 515 financed projects. In the
event that any provisions of 7 CFR part
3560 conflict with this demonstration
program, the provisions of the MPR will
take precedence.
VI. Application and Submission
Information
1. The application submission and
scoring process will be completed in
two phases in order to avoid
unnecessary effort and expense on the
part of borrowers/applicants and to
allow additional points for applicants
that propose a transfer of a troubled
project to an eligible owner.
Phase I—The first phase is the preapplication process. The applicant must
submit a complete pre-application by
the deadline date under the ‘‘DATES’’
section of this Notice. The applicant’s
submission will be classified as
‘‘complete’’ when the MPR Preapplication form is received in the
correct format and place as described in
this Notice for each MPR proposal the
applicant wishes to be considered in the
demonstration. In the event the MPR
proposal involves a project
consolidation, it will be completed in
accordance with 7 CFR 3560.410. One
pre-application for the proposed
consolidated project is required and
must identify each project included in
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the consolidation. If the MPR proposal
involves a portfolio transaction (sale or
stay in owner), one pre-application for
each project in the portfolio is required
and each pre-application must identify
each project included in the portfolio
transaction. In addition, a synopsis of
this program and the pre-application’s
universal resource locator (URL) will be
listed by Catalog of Federal Domestic
Assistance Number or at Federal
GrantsWire at https://
www.federalgrantswire.com.
In order for the pre-application to be
considered complete, all applicable
information requested on the MPR Preapplication form must be provided.
Additional information that must be
provided with the pre-application,
when applicable, includes:
i. A copy of a purchase agreement if
a transfer of ownership is proposed.
ii. A market survey for any preapplication project not meeting the
occupancy standards cited in Section III
(2) and (3) above. The market survey
should show there is an overwhelming
market demand for the project
evidenced by waiting lists and a
housing shortage confirmed by local
housing agencies and realtors. The
market survey must show a clear need
and demand for the project once a
restructuring transaction is completed.
The results of the survey of existing or
proposed rental or labor housing,
including complex name, location,
number of units, bedroom mix, family
or elderly type, year built, and rent
charges must be provided as well as the
existing vacancy rate of all available
rental units in the community, their
waiting lists and amenities, and the
availability of RA or other subsidies.
The Agency will determine whether or
not the proposal has market feasibility
based on the data provided by the
applicant. Any costs associated with the
completion of the market survey is NOT
an eligible program project expense.
Unless an exception under this
section applies, the requirements stated
in Section III, paragraph (2) and (3) of
this Notice must be met.
Note: All documents must be received on
or before the pre-application closing deadline
to be considered complete and timely filed.
Pre-applications that do not include a
Purchase Agreement for transfer proposals or
market surveys for projects that do not meet
the occupancy standards of Section III
paragraphs (2) and (3) of this Notice, will be
considered incomplete and will be returned
to the applicant with appeal rights.
Phase II—The second phase of the
application process will be completed
by the Agency based on Agency records
and the pre-application information
submitted. All complete, eligible, and
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timely-filed pre-applications will be
scored and ranked based on points
received during this two-phase
application process. Further, the Agency
will categorize each MPR proposal as
being potentially a Simple, Complex, or
a Portfolio transaction based on the
information submitted on the preapplication and in accordance with the
category description provided in
Section I of this Notice.
2. Pre-applications can be submitted
either electronically or in hard copy.
The Agency will record pre-applications
received electronically by the actual
date and time received in the MPR Web
site mail box. This date may impact
ranking of the application as discussed
under section VII. For all hard copy preapplications received, the recorded
receipt time will be the close of business
time for the day received. Assistance for
filing electronic and hard copy preapplications can be obtained from any
Rural Development State Office. A
listing of State Offices, their addresses,
telephone numbers and person to
contact is included under Section X of
this Notice.
The pre-application is an Adobe
Acrobat format and may be completed
as a fillable form. The form contains a
button labeled ‘‘Submit by Email.’’
Clicking on the button will result in an
email containing a completed preapplication being sent to the MPR Web
site mail box for consideration. If a
purchase agreement or market survey is
required, these additional documents
are to be attached to the resulting email
prior to submission.
Pre-application forms may be
downloaded from the Agency’s Web site
at https://www.rurdev.usda.gov/
RD_NOFAs.html or obtained by
contacting the State Office in the State
the project is located. Hard copy preapplications and additional materials
can be mailed to the attention of Sherry
Engel or Tiffany Tietz, at
sherry.engel@wdc.usda.gov or
tiffany.tietz@wdc.uda.gov, at (715) 345–
7677 (616) 942–4111, extension 126,
Finance and Loan Analyst, MultiFamily Housing Preservation and Direct
Loan Division, STOP 0782 (Room 1263–
S), U.S. Department of Agriculture,
Rural Housing Service, 1400
Independence Avenue SW.,
Washington, DC 20250–0781. (Please
note this telephone number is not a tollfree number.)
VII. Selection for Processing
A. Pre-application ranking points will
be based on information provided
during the submission process and in
Agency records. Only timely, complete
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pre-applications will be ranked. Points
will be awarded as follows:
1. Contribution of other sources of
funds. Other funds are those discussed
in items (i) through (vi) of Section I of
this Notice. Points awarded are to be
based on documented written evidence
that the funds are committed. The
maximum points awarded for this
criterion is 25 points. These points will
be awarded in the following manner:
i. Evidence of a commitment of at
least $3,000 to $5,000 per unit per
project from other sources—15 points,
or
ii. Evidence of a commitment greater
than $5,000 per unit per project from
other sources—20 points.
iii. Evidence of a commitment greater
than $5,000 per unit per project from
other sources and a binding written
commitment by a third-party to
contribute 25 percent or more of any
allowable developer fee to the hard
costs of construction—25 points.
2. Owner contribution. The maximum
points awarded for this criterion is 10
points. These points will be awarded in
the following manner:
i. Owner contribution sufficient to
pay transaction costs. (These funds
cannot be from the project’s reserve or
operating funds.) Transaction costs are
defined as those Agency approved costs
required to complete the transaction
under this Notice and include, but are
not limited to, the CNA, legal and
closing costs, appraisal costs and filing/
recording fees. The minimum
contribution required to receive these
points is $10,000 per project and must
be deposited into the respective project
reserve account prior to closing the MPR
transaction from the owner’s nonproject resources. 5 points
ii. Owner contribution for the hard
costs of construction. (These funds
cannot be from the project’s reserve
account or project’s general operating
account or in the form of a loan.) Hard
costs of construction are defined as
those costs for materials, equipment,
property or machinery required to
complete the proposal under this
Notice. Hard costs must be itemized on
Form RD 1924–13, ‘‘Estimate and
Certificate of Actual Cost.’’ Form RD
1924–13 which can be found at https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD1924-13.PDF.
The minimum contribution required to
receive these points is $1,000 per unit
per project which will be required to be
deposited in the project reserve account
or a supervised/construction account, as
directed by Rural Development, prior to
closing. An increased RTO may be
budgeted and allowed for funds
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committed in accordance with 7 CFR
3560.406(d)(14)(ii). 10 points
3. Age of project. For project
consolidation (including portfolio
transactions) proposals, the project with
the earliest operational date (operational
date is the date the project initially
placed in service and documented in
the Agency’s Multi-Family Housing
Information System (MFIS)) will be
used in determining the age of the
project. Since the age of the project and
the date the project placed in service are
directly related to physical needs, a
maximum of 25 points will be awarded
based on the following criteria:
i. Projects with initial operational
dates prior to December 21, 1979—25
points.
ii. Projects with initial operational
dates on or after December 21, 1979, but
before December 15, 1989—20 points.
iii. Projects with initial operational
dates on or after December 15, 1989, but
before October 1, 1991—15 points.
iv. Projects with initial operational
dates on or after October 1, 1991—0
points.
4. Troubled project points. The
Agency may award up to 25 points to
pre-applications involving projects that
have been adversely impacted by an act
of nature or where physical and/or
financial deterioration or management
deficiencies exist. Projects classified
‘‘B’’, ‘‘C’’ or ‘‘D’’, as defined below, will
be considered troubled and points will
be awarded in the following manner:
Class ‘‘D’’ Projects
Class ‘‘D’’ projects are in default and
may be taken into inventory, be lost to
the program or cause the displacement
of tenants. Defaults can be monetary or
non-monetary. Projects in non-monetary
default are those where the Agency has
notified the borrower of a violation
using the Agency’s three processing
letter process and the borrower has not
addressed the violation to the Agency’s
satisfaction.
Class ‘‘C’’ Projects
Class ‘‘C’’ projects are projects with
identified findings or violations, which
are not associated to a workout plan
and/or transition plan. This can include
projects with violations where a
servicing letter has been issued but 60
days have not passed.
Class ‘‘B’’ Projects
Class ‘‘B’’ projects indicates that the
Agency has taken servicing steps and
the borrower is cooperating to resolve
identified findings or violations by
associating a workout plan and/or
transition plan.
For Transfer proposals:
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i. For projects classified a ‘‘C’’ or ‘‘D’’
for 24 months or more—20 points.
ii. For projects classified as a ‘‘C’’ or
‘‘D’’ for less than 24 months—15 points.
Stay in owner proposals:
i. For projects classified as a ‘‘B’’ as
a result of a workout plan and/or
transition plan approved by the Agency
prior to 1/1/2012—25 points.
ii. Projects with an Agency ‘‘C’’
classification, for 6 months or longer at
the time the MPR pre- application is
filed, will not be considered eligible to
participate in the MPR.
5. Proposed or Closed Sale of 515
projects to Non-Profit/Public Housing
Authority. The Agency will award 20
points for projects that have or will be
sold to non-profit organizations under
the prepayment process as explained in
7 CFR part 3560, Subpart N. To receive
points, the borrower/applicant must
provide a copy of the executed purchase
agreement (if sale is proposed) or a copy
of the purchase agreement and filed
deed (if sale is already closed to an
eligible non-profit or public body)—20
points.
6. Prior approved CNAs. In the
interest of ensuring timely application
processing and underwriting, the
Agency will award up to 20 points for
projects with CNAs already approved by
the Agency. ‘‘Approved’’ means the
initial CNA or an updated CNA was
previously reviewed and approved by
the Agency. CNAs or updates before
October 1, 2010 may not be used for
MPR underwriting without an update
approved by the Agency. Points will be
awarded for:
i. CNAs approved on or after October
1, 2010, but prior to October 1, 2011—
10 points.
ii. CNAs approved on or after October
1, 2011, but prior to the publication of
this Notice—20 points.
7. Tenant service provision. The
Agency will award 5 points for
applications that include new services
provided by either a for-profit or a nonprofit organization, which may include
a faith-based organization, or by another
Government agency. Such services shall
be provided at no cost to the project and
shall be made available to all tenants.
Examples of such services may include
transportation for the elderly, afterschool day care services or after-school
tutoring.
8. Consolidation of project operations.
To encourage post-transaction
operational cost savings and
management efficiencies, the Agency
will award 5 points for pre-applications
that include at least two and up to four
projects that will consolidate project
budget and management operations and
10 points for applicants that include at
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least five or more projects that will
consolidate project budget and
management operations. Consolidations
must meet the requirements of 7 CFR
3560.401. (5 or 10 points.)
For portfolio sales and project
consolidations, the Agency will
calculate the average score for each
project within the portfolio or
consolidation.
9. Energy Conservation, Energy
Generation, and Green Property
Management. Under the MPR Energy
Initiatives, projects may receive a
maximum of 42 points under three
categories: Energy Conservation, Energy
Generation and Green Property
Management.
i. Energy Conservation—30 points.
Pre-applications for rehabilitation and
preservation of projects may be eligible
to receive a maximum of 30 points for
the following energy conservation
measures.
(a) Participation in the Green
Communities program by the Enterprise
Community Partners, https://
www.enterprisecommunity.com/
solutions-and-innovation/enterprise
green-communities, or an equivalent
Agency approved program will be
awarded 30 points for any project that
qualifies for the program. At least 30
percent of the points needed to qualify
for the Green Communities program
must be earned under the Energy
Efficiency section of the Green
Communities qualification program.
Green Communities has an initial
checklist indicating prerequisites for
participation. Each applicant must
provide a checklist establishing that the
prerequisites for each program’s
participation will be met. Additional
points will be awarded for checklists
that achieve higher levels of energy
efficiency certification as set forth
below. All checklists must be
accompanied by a signed affidavit by
the project architect or engineer stating
that the goals are achievable.
(b) If you are not enrolling in the
Green Communities program, then
points can be accumulated for each of
the following items up to a total of 20
points. Provide documentation to
substantiate your answers below:
i. This proposal includes the
replacement of heating, ventilation and
air conditioning (HVAC) equipment
with Energy Star qualified heating,
ventilation and air conditioning
equipment. 3 points.
ii. This proposal includes the
replacement of windows and doors with
Energy Star qualified windows and
doors. 3 points.
iii. This proposal includes additional
attic and wall insulation that exceeds
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the required R-Value of these building
elements for your areas as per the
International Energy Conservation Code
2009. Two points will be awarded if all
exterior walls exceed insulation code,
and 1 point will be awarded if attic
insulation exceeds code for a maximum
of 3 points.
iv. This proposal includes the
reduction in building shell air leakage
by at least 15 percent as determined by
pre- and post-rehab blower door testing
on a sample of units. Building shell air
leakage may be reduced through
materials such as caulk, spray foam,
gaskets and house-wrap. Sealing of duct
work with mastic, foil-backed tape, or
aerosolized duct sealants can also help
reduce air leakage. 3 points.
v. This proposal includes 100 percent
of installed appliances and exhaust fans
that are Energy Star qualified. 2 points
vi. This proposal includes 100 percent
of installed water heaters that are
Energy Star qualified. 2 points.
vii. This proposal included
replacement of 100 percent of toilets
with flush capacity of more than 1.6
gallon flush capacity with new toilets
having 1.6 gallon flush capacity or less,
and with Environment Protection
Agency (EPA) Water Sense label. 1
point.
viii. This proposal includes 100
percent of new showerheads with EPA
Water Sense label. 1 point.
ix. This proposal included 100
percent of new faucets with WPA Water
Sense label. 1 point.
x. This proposal included 100 percent
energy-efficient lighting including
Energy Star qualified fixtures, compact
fluorescent replacement bulbs in
standard incandescent fixtures and
Energy Star ceiling fans. 1 point.
And
(c) 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 and look for additional
requirements that are sometimes
embedded in the third-party program’s
rating and verification systems. 2 points.
10. Energy Generation (maximum 5
points).
Pre-applications which participate in
the Green Communities program by the
Enterprise Community Partners or an
equivalent Agency approved program or
receive at least 8 points for Energy
Conservation measures are eligible to
earn additional points for installation of
on-site renewable energy sources.
Renewable, on-site energy generation
will complement a weather-tight, well
insulated building envelope with highly
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efficient mechanical systems. Possible
renewable energy generation
technologies include, but are not limited
to: wind turbines and micro-turbines,
micro-hydro power, photovoltaic
(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 paragraph 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 (where
generation is considered to be the total
amount of energy needed to be
generated on-site to make the building
a net-zero consumer of energy) 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 paragraph, 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 building’s Home
Energy Rating System (HERS) score.
11. Green Property Management
Credentials (5 points).
Pre-applications 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
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Operations and Maintenance (LEED
OM), or another Agency approved
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 Agency will total the points
awarded to each pre-application
received within the timeframes of this
Notice and rank each pre-application
according to total score. If point totals
are equal, the earliest time and date the
pre-application was received by the
Agency will determine the ranking. In
the event pre-applications are still tied,
they will be further ranked by giving
priority to those projects with the
earliest Rural Development operational
date as defined under paragraph VII. 3.
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B. Confirmation of Eligibility
Eligibility will be confirmed after
ranking is completed on the 10 highestscoring pre-applications in each State. If
one or more of the 10 highest-scoring
pre-applications is determined
ineligible, (i.e. the applicant is a
borrower that is not in good standing
with the Agency or has been debarred
or suspended by the Agency, etc.) the
next highest-scoring pre-application
will be confirmed for eligibility.
If one or more of the 10 highestranking pre-applications is a portfolio
transaction, eligibility determinations
will be conducted on each preapplication associated with the
portfolio. Should any of the preapplications associated with the
portfolio sale be determined ineligible,
those ineligible pre-application(s) will
be rejected, but the overall eligibility of
the portfolio sale will not be affected as
long as the requirements in Section I
and other provisions of this Notice are
met.
If one or more of the 10 highestranking pre-applications in a State is a
project consolidation, and one of the
projects involved in the consolidation
does not meet the occupancy standards
cited in Section III (2), that project(s)
will be determined ineligible and
eliminated from the proposed
consolidation transaction.
C. Selection of Pre-Applications for
Further Processing
Once ranking and eligibility
confirmations are complete, the Agency
will conduct a four-step process to
select eligible pre-applications for
submission of formal applications. This
process will allow the Agency to
develop a representative sampling of
revitalization transaction types, assure
geographic distribution, and assure an
adequate pipeline of transactions to use
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all available funding. All MPR tools are
available to be used on both Section
514/516 and Section 515 projects.
Step One: The Agency will review the
eligible pre-applications, categorize
each pre-application as either Simple,
Complex, or Portfolio (see section I) and
sort them by State.
Step Two: The Agency will select, for
further processing, the top-ranked
portfolio transactions until a total of
$50,000,000 in potential debt deferral is
reached. Portfolio transactions will be
limited to one per State (either RRH or
FLH) and will count as one MPR
transaction. A portfolio transaction, as
defined in section I will be limited to a
maximum of 15 projects.
Step Three: The highest ranked
complex transactions (RRH or FLH) will
be selected for further processing, not to
exceed 1 per State.
Step Four: Additional projects will be
selected from the highest ranked eligible
pre-applications involving simple
transactions in each State until a total of
three RRH pre-applications for MPR
transactions are reached. If a FLH
complex transaction has not been
selected in Step Three above, one
additional FLH project will be selected
from the highest ranked eligible preapplications involving FLH simple
transactions, until a total of four MPR
pre-applications per State is reached.
States that do not have a FLH preapplication will be limited to three MPR
pre-applications.
If there are insufficient funds for all
projects under any step, the Agency may
suspend further selections. Any
remaining eligible applications will be
carried over to the next fiscal year for
consideration. Any pre-applications that
have not been approved by September
30, 2013, will be rescored and ranked
with any future pre-applications
according to the applicable future
Notice unless it is withdrawn. Any such
unfunded pre-applications not approved
by the Agency prior to September 30,
2014, automatically will be considered
withdrawn by the Agency. Applicants,
however, may reapply for funding under
future Notices.
VIII. Processing of Selected PreApplications
Those eligible pre-applications that
are ranked and then selected for further
processing will be invited to submit a
formal application on SF 424,
‘‘Application for Federal Assistance.’’
Those eligible pre-applications that are
not selected for further processing will
be retained by the Agency unless they
are withdrawn according to this Notice.
Applicants rejected will be notified
their pre-applications were not selected
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and provided with appeal rights under
7 CFR part 11. In the event a preapplication is selected for further
processing and the applicant declines,
the next highest ranked pre-application
of the same transaction type in that
State will be selected provided there is
no change in the preliminary eligibility
of the pre-applicant. If there are no other
pre-applications of the same transaction
type, then the next highest-ranked preapplication, regardless of transaction
type, will be selected.
Applications (SF 424s) can be
obtained and completed online. An
electronic version of this form may be
found on the internet at https://
www.epa.gov/ogd/AppKit/index.htm or
a hard copy may be obtained by
contacting the State Office in the State
where the project is located and can be
submitted either electronically or in
hard copy (refer to Section X for a
listing of State Offices)
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, Public Law 112–55, Division A
sections 738 and 739 regarding
corporate felony convictions and
corporate federal tax delinquencies. To
comply with these provisions, all
applicants also must submit form AD–
3030 which can be found here: https://
www.ocio.usda.gov/forms/
ocio_forms.html.
If a pre-application is accepted for
further processing, the applicant must
submit additional information needed to
demonstrate eligibility and feasibility
(such as a CNA), consistent with this
Notice and the appropriate sections of 7
CFR part 3560, prior to the issuance of
any restructuring offer. The Agency will
provide additional guidance to the
applicant and request information and
documents necessary to complete the
underwriting and review process. Since
the character of each application may
vary substantially depending on the
type of transaction proposed,
information requirements will be
provided as appropriate. Complete
project information must be submitted
as soon as possible, but in no case later
than 45 calendar days from the date of
Agency notification of the applicant’s
selection for further processing or
September 1, 2013, whichever occurs
first. Failure to submit the required
information in a timely manner may
result in the Agency discontinuing the
processing of the request.
The Agency will work with the
applicants selected for further
processing in accordance with the
following:
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1. Based on the feasibility of the type
of transaction that will best suit the
project and the availability of funds,
further eligibility confirmation
determinations will be conducted by the
Agency.
2. If an Agency approved CNA has not
already been submitted to the Agency,
an Agency approved CNA will be
required (see 7 CFR 3560.103(c) and the
Agency’s published ‘‘Guidance on the
Capital Needs Assessment Process’’
available at https://www.rurdev.usda.
gov/HMF_MPR.html and the CNA
Statement of Work together with any
non-conflicting amendments). Agency
approved CNAs must be prepared by a
qualified independent contractor and
are obtained to determine needed
repairs and any necessary adjustments
to the reserve account for long-term
project viability. In order for the Agency
to approve a CNA it must also include:
i. A physical inspection of the site,
architectural features, common areas
and all electrical and mechanical
systems;
ii. An inspection of a sample of
dwelling units;
iii. Identify repair or replacement
needs;
iv. Provide a cost estimate of the
repair and replacement expenses; and
v. Provide at least a 20-year analysis
of the timing and funding for identified
needs which includes reasonable
assumptions regarding inflation. The
cost of the CNA will be considered a
part of the project expense and may be
paid from the ‘‘project reserve’’ with
prior approval of the Agency. The
Agency approval for participation in
this program will be contingent upon
the Agency’s final approval of the CNA
and concurrence in the scope of work by
the owner. The Agency, in its sole
discretion, may choose to obtain a CNA,
at its expense, if it determines that
doing so is in the best interest of the
Government.
3. Underwriting will be conducted by
the Agency. The feasibility and
structure of each revitalization proposal
will be based on the Agency’s
underwriting and determination of the
restructuring tools that will minimize
the cost to the Government consistent
with the purposes of this Notice.
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IX. MPR Offers
Approved MPR offers will be
presented to successful applicants who
will then have up to 15 calendar days
to accept or reject the offer in writing.
If no offer is made, the application will
be rejected and appeal rights will be
given. Closing of MPR offers will occur
within 90 days of acceptance by the
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applicant unless extended in writing by
the Agency.
X. USDA Rural Development MFH
State Office Contacts
(Note: Telephone numbers listed are
not toll-free.)
Alabama State Office, Suite 601, Sterling
Centre, 121 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
Avenue, Suite 206, Phoenix, AZ 85003–
1706, (602) 280–8764, Ernie Wetherbee.
Arkansas State Office, 700 W. Capitol
Avenue, 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 Drive, 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, extension 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, LA 71302, (318) 473–
7962, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4,
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.
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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, extension 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 Drive, Mt.
Laurel, NJ 08054, (856) 787–7732, Neil
Hayes.
New Mexico State Office, 6200 Jefferson
Street 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
Boulevard, 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, extension 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.
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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.
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Washington State Office, 1835 Black Lake
Boulevard, Suite B, Olympia, WA 98512,
(360) 704–7706, Bill Kirkwood.
West Virginia State Office, Federal Building,
75 High Street, Room 320, Morgantown,
WV 26505–7500, (304) 372–3441,
extension 105, Penny Thaxton.
Western Pacific Territories, Served by Hawaii
State Office.
Wisconsin State Office, 4949 Kirschling
Court, Stevens Point, WI 54481, (715) 345–
7620, extension 157, Debbie Biga.
Wyoming State Office, P.O. Box 11005,
Casper, WY 82602, (307) 233–6716,
Timothy Brooks.
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X. Appeal Process
All adverse determinations are
appealable pursuant to 7 CFR part 11.
Instructions on the appeal process will
be provided at the time an applicant is
notified of the adverse action.
Dated: December 6, 2012.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
BILLING CODE 3410–XX–P
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices
[FR Doc. 2012–30190 Filed 12–18–12; 8:45 am]
BILLING CODE 3410–XX–C
DEPARTMENT OF COMMERCE
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Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Modification to Gulf of Maine/
Georges Bank Herring Letter of
Authorization.
OMB Control Number: 0648–0602.
Form Number(s): NA.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 46.
Average Hours Per Response: 5
minutes.
Burden Hours: 12.
Needs and Uses: This request is for
extension of a current information
collection.
Under the Magnuson-Stevens Fishery
Conservation and Management Act, the
Secretary of Commerce has the
responsibility for the conservation and
management of marine fishery
resources. We, NOAA’s National Marine
Fisheries Service (NMFS), and the
Regional Fishery Management Councils
are delegated the majority of this
responsibility. The New England
Fishery Management Council (Council)
develops management plans for fishery
resources in New England.
In 2009, we implemented
modifications to the requirements for
midwater trawl vessels issued an All
Areas Limited Access Herring Permit
and/or an Areas 2 and 3 Limited Access
Herring Permit that fish in Northeast
(NE) multispecies Closed Area I (CA I).
Affected vessels intending to fish in CA
I at any point during a trip are required
to declare their intention when
scheduling a NMFS-approved at sea
observer. To ensure 100 percent
observer coverage, midwater trawl
vessels are not permitted to fish in CA
I without an observer.
Midwater trawl vessels in the directed
herring fishery that have been assigned
a NMFS-approved at-sea observer and
that are fishing in CA I, are prohibited,
unless specific conditions are met (see
below), from releasing fish from the
codend of the net, transferring fish to
another vessel that is not carrying a
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NMFS-approved observer, or discarding
fish at sea, unless the fish have first
been brought aboard the vessel and
made available for sampling and
inspection by the observer.
We recognize that there are certain
conditions under which fish must be
released from the codend without being
sampled. Therefore, fish that have not
been pumped aboard the vessel may be
released if the vessel operator finds that:
Pumping the catch could compromise
the safety of the vessel; mechanical
failure precludes bringing some or all of
a catch aboard the vessel; or spiny
dogfish have clogged the pump and
consequently prevent pumping of the
rest of the catch. If a net is released for
any of these three reasons, the vessel
operator must complete and sign a CA
I Midwater Trawl Released Codend
Affidavit detailing where, when, and
why the net was released as well as a
good-faith estimate of both the total
weight of fish caught on that tow and
the weight of fish released (if the tow
had been partially pumped). The
completed affidavit form must be
submitted to us within 48 hr of the
completion of the trip.
Following the release of a net for one
of the three exemptions specified above,
the vessel is required to exit CA I. The
vessel may continue to fish, but may not
fish in CA I for the remainder of the trip.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer:
OIRA_Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to
OIRA_Submission@omb.eop.gov.
Dated: December 14, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–30536 Filed 12–18–12; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Jones and NOAA Awards
Nominations.
OMB Control Number: 0648–0598.
Form Number(s): NA.
Type of Request: Regular submission
(revision and extension of a current
information collection).
Number of Respondents: 13.
Average Hours per Response: 1.
Burden Hours: 13.
Needs and Uses: This request is for
revision and extension of a currently
approved information collection.
The 1990 reauthorization of the
Coastal Zone Management Act (CZMA)
authorized an awards program to
‘‘implement a program to promote
excellence in coastal zone management
by identifying and acknowledging
outstanding accomplishments in the
field.’’ As authorized in Section 314 of
the CZMA, the Walter B. Jones
Memorial Awards recognize three
categories of excellence: Coastal
Steward of the Year, Excellence in Local
Government, and Excellence in Coastal
and Marine Graduate Study. The CZMA
authorizes NOAA to conduct public
ceremonies to acknowledge such
awards, which allows NOAA to fund
invitational travel and purchase awards
for the Jones Awards.
In conjunction with the Walter B.
Jones Memorial Awards, NOAA
instituted several additional categories
of awards, to recognize additional
contributions to ocean and coastal
resource management, including
Volunteer of the Year, Nongovernmental
Organization of the Year, Excellence in
Promoting Cultural and Ethnic Diversity
(in honor of Secretary Ronald Brown),
Excellence in Business Leadership, and
the Susan Snow Cotter Award for
Excellence in Ocean and Coastal
Resource (NOAA re-named this award
in honor of Susan Snow Cotter in 2007).
As part of conducting the awards
program, NOAA will distribute a ‘‘Call
for Nominations’’ to representatives
from Federal, state, local and
nongovernmental organizations and
Members of Congress that work in, are
knowledgeable of or benefit from, ocean
and coastal resource management.
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[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75121-75143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30190]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Multi-Family Housing Preservation
and Revitalization Demonstration Program--Section 514, 515, and 516 for
Fiscal Year 2013
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: USDA Rural Development, which administers the programs of the
Rural Housing Service (RHS or Agency), announces the availability of up
to $19.9 million in program dollars, and the timeframe to submit
applications to participate in a demonstration program to preserve and
revitalize existing rural rental housing projects under Section 515,
Section 514, and Section 516 of the Housing Act of 1949, as amended.
Under the demonstration program existing Section 515 Multi-Family
Housing (MFH) loans and Section 514/516 Off-Farm Labor Housing loans
will be restructured to ensure that sufficient resources are available
to preserve the ability of rental projects to provide safe and
affordable housing for very low-, low- or moderate-income residents.
Projects participating in this program will be expected to be
revitalized to extend their affordable use without displacing tenants
because of increased rents. No additional Agency Rental Assistance (RA)
units will be made available under this program.
DATES: Pre-applications in response to this Notice will be accepted
until February 28, 2013, 5:00 p.m., Eastern Time. The pre-application
closing deadline is firm as to date and hour. The Agency will not
consider any pre-application that is received after the closing
deadline. Applicants intending to mail pre-applications must allow
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 pre-applications will not be
accepted.
FOR FURTHER INFORMATION CONTACT: Sherry Engel or Tiffany Tietz, at
sherry.engel@wdc.usda.gov or tiffany.tietz@wdc.uda.gov, at (715) 345-
7677 or (616) 942-4111, extension 126, Finance and Loan Analyst, Multi-
Family Housing Preservation and Direct Loan Division, STOP 0782, (Room
1263-S), U.S. Department of Agriculture, Rural Housing Service, 1400
Independence Avenue SW., Washington, DC 20250-0782. All hard copy pre-
applications and required documents (attachments) must be submitted to
this address. (Please note this telephone number is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The information collection requirements contained in this Notice
have received approval from the Office of Management and Budget (OMB)
under Control Number 0570-0190.
Overview Information
Federal Agency Name: RHS, USDA.
[[Page 75122]]
Funding Opportunity Title: Multi-Family Housing Preservation and
Revitalization Demonstration Program--Section 514, 515, and 516 for
Fiscal Year 2013.
Announcement Type: Inviting applications from eligible applicants
for Fiscal Year 2013, Funding.
Catalog of Federal Domestic Assistance Number (CFDA): 10.447
DATES: Pre-applications in response to this Notice will be accepted
until February 28, 2013, 5:00 p.m., Eastern Time. The pre-application
closing deadline is firm as to date and hour. The Agency will not
consider any pre-application that is received after the closing
deadline. Applicants intending to mail pre-applications must allow
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 pre-applications will not be
accepted.
I. Funding Opportunities Description
The Consolidated and Further Continuing Appropriations Act, 2012
(Pub. L. 112-55) (November 18, 2011) authorized the Agency to conduct a
demonstration program for the preservation and revitalization of the
Section 515 MFH portfolio and Section 514/516 Off-Farm Labor Housing
(FLH) portfolio. Sections 514, 515 and 516 MFH programs are authorized
by the Housing Act of 1949, as amended (42 U.S.C. 1484, 1485, 1486) and
provide Rural Development with the authority to provide financial
assistance for low-income MFH and FLH and related facilities as defined
in 7 CFR Part 3560.
This Notice solicits pre-applications from eligible borrowers/
applicants to restructure existing MFH projects already participating
in the Agency's Section 515 MFH portfolio and Section 514/516 FLH
portfolio for the purpose of revitalization and preservation. Eligible
borrowers are sometimes referred to in this Notice as ``applicants,''
``borrowers,'' ``applicant/borrowers,'' or ``owners'' as seems most
appropriate for the context of the relevant Notice provision. The
demonstration program shall be referred to in this Notice as the Multi-
Family Housing Preservation and Revitalization Demonstration program
(MPR). Agency regulations for the Section 515 MFH program and the
Section 514/516 FLH program are published at 7 CFR part 3560.
The intent of the MPR is to ensure that existing rental projects
will continue to deliver decent, safe and sanitary affordable rental
housing for 20 years or the remaining term of any Agency loan,
whichever ends later. Applications will be selected by the Agency in
the process described in this Notice and the selected applicants will
be invited to participate in the MPR demonstration program. Upon
written notification to the Agency from the selected applicant of
acceptance to participate, an independent third-party capital needs
assessment (CNA) will be conducted to provide a fair and objective
review of projected capital needs. The Agency shall implement the
restructuring proposal that may be offered under this Notice through an
MPR Conditional Commitment (MPRCC) with the eligible borrower/applicant
which will include all the terms and conditions offered by the Agency.
One of the restructuring tools to be used in this program is debt
deferral for up to 20 years of the existing Section 514 or 515 loans
obligated prior to October 1, 1991. The cash flow from the deferred
payment will be deposited, as directed by the Agency, to the reserve
account to help meet the future physical needs of the project or to
reduce rents. Debt deferral is described as follows:
MPR Debt Deferral: A deferral of the existing Section 514 or 515
Agency loan(s), obligated on or before 9/30/1991, for the lesser of the
remaining term of the existing 514 or 515 loan or 20 years. All terms
and conditions of the deferral will be described in the MPR Debt
Deferral Agreement. A balloon payment of principal and accrued interest
will be due at the end of the deferral period. Interest will accrue at
the promissory note rate and subsidy will be applied as set out in the
Agency's Interest Credit and Rental Assistance Agreement, if
applicable.
Other Agency MPR tools are as follows:
1. MPR Grant: A grant limited to non-profit applicants/borrowers
only. The grant will be limited to the cost of correcting health and
safety violations or other physical needs of the project identified by
the CNA and accepted by the Agency. The grant administration will be in
accordance with applicable provisions of 7 CFR parts 3015 and 3019.
2. MPR Zero Percent Loan: A loan with zero percent interest.
(a) For Section 515 Rural Rental Housing projects, the maximum term
will be 30 years and be amortized over 50 years.
(b) For Section 514/516 projects, the loan will be amortized over a
maximum term of 33 years.
3. MPR Soft-Second Loan: A loan with a one percent interest rate
that will have its accrued interest and principal deferred, to a
balloon payment. The balloon payment will be due at the same time the
latest maturing Section 514 or Section 515 loan already in place at the
time of closing or the maturity date of any current loan being re-
amortized as part of the restructuring is due. The term of the soft
second loan will not be timed to match the term of any new Section 514
or 515 loan added during the transaction.
4. Increased Return to Owner (RTO) for Stay-in-Owners: Section 515
stay-in-owners, who will retain their project and contribute cash,
other than proceeds from the sale of Low Income Housing Tax Credits, to
fund any hard costs of construction to meet immediate needs identified
by the CNA, may receive a Return on Investment (ROI) on those funds
provided the Agency determines an increased ROI is financially
feasible, and the Agency approves such a return in the revitalization
plan. The Agency may also offer that the RTO be included in a ``cash
flow split'' agreement as outlined in a MPRCC. The cash flow split, if
approved, will allow up to 50 percent of excess cash, generated at the
end of the owner's fiscal year end, to be split equally between paying
down any outstanding deferred Agency loan balances and 50 percent to be
returned to the borrower as an increased RTO, subject to the provisions
of 7 CFR 3560.68.
MPR funds cannot be used to build community rooms, playgrounds,
laundry rooms or additional new units, unless the additional unit(s)
are needed for the project to meet the 5 percent fully accessible
requirement as defined by Uniform Federal Accessibility Standards
(UFAS) and the Agency concurs. However, other funding sources as
outlined below in (i) through (vi) can be used either for
revitalization or for the improvements listed above.
i. Rural Development Section 515 Rehabilitation loan funds;
ii. Rural Development Section 514/516 Off-Farm rehabilitation loan/
grant funds;
iii. Rural Development Section 538 Guaranteed Rural Rental Housing
Program financing;
iv. Rural Development Multi-Family Housing Re-Lending Demonstration
Program Funds;
v. Third-party loans with below market rates (below the Applicable
Federal Rate (AFR)), grants, tax credits and tax-exempt financing; and
vi. Owner-provided capital contributions in the form of a cash
infusion. A cash infusion cannot be a loan.
[[Page 75123]]
Transfers, subordinations, and consolidations may be approved as
part of a MPR transaction in accordance with 7 CFR Part 3560. If a
transfer is part of the MPR transaction, the transfer must first meet
the requirements of 7 CFR 3560.406 before the MPR transaction is
processed.
For the purposes of the MPR, the restructuring transactions will be
identified in three categories:
1. ``Simple transactions'' involve no change in ownership.
2. ``Complex transactions'' may consist of a project transfer to a
new ownership, processed in accordance with 7 CFR 3560.406, with or
without a consolidation, or transactions requiring a subordination
agreement as a result of third-party funds. The applicant will submit
one pre-application form. If a consolidation is proposed, all projects
to be consolidated will be listed on one pre-application form. To be a
complex transaction, at the MPR closing, the Agency assumes only one
project remains upon completion.
3. A ``Portfolio transaction'' includes two or more projects with
one stay-in owner, or two or more projects with multiple project sale
transactions to a common purchaser all located in one State. Each
project included in the transaction will be submitted on a separate
pre-application form unless some projects are being consolidated in
which case those projects being consolidated will be listed on the same
pre-application form. Each pre-application must have the same Portfolio
name. If the owner chooses to remove one or more projects from the
proposal, at least two projects must remain in order to be classified
as a portfolio transaction. At the end of the transaction, it is
assumed there will be two or more projects remaining. The stay-in owner
or common purchaser must have at least one general partner in common.
A transaction within each category may utilize any or all
restructuring tools. Restructuring tools that may be available to
address the capital needs of a project must be used to address
preservation and rehabilitation items identified in the CNA.
The liens against the project, with the exception of Agency
deferred debt, cannot exceed Agency approved value of the project. All
Agency debt, either in first lien position or a subordinated lien
position, must be secured by the project, except deferred debt which is
not included in the Agency's total lien position for computation of
adequate security. Payment of such deferred debt will not be required
from normal project operations income, but from excess cash from
project operations after all other secured debts are satisfied or as
directed by the Agency.
The general steps of the MPR application process are as follows:
1. Pre-application: Applicants must submit a pre-application
described in Section VI. This pre-application process is designed to
lessen the cost burden on all applicants including those who may not be
eligible or whose proposals may not be feasible.
Note: If you receive a loan or grant award under this Notice,
USDA reserves the right to post all information submitted as part of
the pre-application/application package which is not protected under
the Privacy Act on a public Web site with free and open access to
any member of the public.
2. Eligible Projects: Using criteria described below in Section
III, the Agency will conduct an initial screening for eligibility. As
described in Section VIII, the Agency will conduct an additional
eligibility screening later in the selection process.
3. Scoring and Ranking: All complete, eligible and timely-filed
pre-applications will be scored, ranked and put in potential funding
categories as discussed in Sections VI and VII.
4. Formal Applications: Top ranked pre-applicants will receive a
letter from the Agency inviting them to submit a formal application. As
discussed in Section VIII paragraph (2) of this Notice, the Agency will
require the owner to provide a CNA completed in accordance with the
Agency's published guidance, (available at https://www.rurdev.usda.gov/HMF_MPR.html) in order to underwrite the proposal to determine
financial feasibility and to determine the proper combination of tools
to be offered to the applicant. When proposals are found to be
ineligible or financially infeasible applicants will be informed of
this ineligibility or financial infeasibility. Any proposal denied by
the Agency will be returned to the applicant and the applicant will be
given appeal rights pursuant to 7 CFR part 11.
5. Financial Feasibility: Using the results of the CNA to help
identify the need for resources and applicant provided information
regarding anticipated or available third-party financing, the Agency
will determine the financial feasibility of each potential transaction,
using restructuring tools available either through existing regulatory
authorities or specifically authorized through this demonstration
program. A project is financially feasible when it can provide
affordable, decent, safe, and sanitary housing for 20 years or the
remaining term of any Agency loan, whichever ends later, by using the
authorities of this program while minimizing the cost to the Agency,
and without increasing rents for eligible tenants or farm laborers,
except when necessary to meet normal and necessary operating expenses.
If the transaction is determined financially feasible by the Agency,
the borrower will be offered a restructuring proposal, if funding is
available. This will include a requirement that the borrower will
execute, for recordation, an Agency approved restrictive use covenant
for a period of 20 years, the remaining term of any loans, or the
remaining term of any existing restrictive-use provisions, whichever
ends later. The restructuring proposal will be established in the form
of the MPRCC.
6. MPR Agreements: If the offer is accepted by the applicant, the
applicant must accept the MPRCC. By accepting the offer, the applicant
must also agree to restrict the project pursuant to the MPRCC. Any
third-party lender will be required to subordinate to the Agency's
restrictive use covenant unless the Agency determines, on a case-by-
case basis, that the lender's refusal to subordinate will not
compromise the purpose of the MPR. As part of the MPRCC, the Agency may
require the applicant to sign an Agency approved agreement that
requires the owner to escrow reserve, tax, and insurance payments in
accordance with all pertinent current and future Agency regulations not
otherwise inconsistent with this Notice. In addition, the MPRCC may
also require the applicant to accept future rent increases based on an
Annual Adjustment Factor (AAF) determined by the Secretary. The AAF
allows rents to be adjusted by the annual inflation factor as
determined by the United States Office of Management and Budget. The
exact AAF will be established in the MPRCC.
7. General Requirements: The MPR transactions may be conducted with
a stay-in owner (simple) or may involve a change in ownership (complex
or portfolio). Any housing or related facilities that are constructed
or repaired must meet the Agency design and construction standards and
the development standards contained in 7 CFR part 1924, subparts A and
C, respectively. Once constructed, Section 515 MFH and Section 514/516
FLH projects must be managed in accordance with 7 CFR part 3560. Tenant
eligibility will be limited to persons who qualify as an eligible
household under Agency regulations. Tenant eligibility requirements are
contained in 7 CFR 3560.152.
[[Page 75124]]
8. Voluntary ``Community Market Rent'' Demonstration (available for
Section 515 projects only): In conjunction with this demonstration, the
Agency also announces the opportunity for all successful Section 515
applicants to participate on a voluntary basis in a viability test of a
30 percent limitation on tenant rents, as proposed in Section 544
(b)(7) of Saving American's Rural Housing Act of 2006, H.R. 5069, for
post-restructured properties. Owners of projects in the Section 515 MPR
program may elect to participate in the ``community market rent''
demonstration which will allow an owner to set a rent above the
approved basic rent for any unit not currently occupied by a tenant
receiving Agency RA. Eligible tenants for these units must have
adjusted annual incomes sufficient to allow them to pay the community
market rent using less than 30 percent of their adjusted income. With
the Agency's consent, up to 50 percent of the difference between the
basic rent and the new ``community market rent'' could be retained by
the owner as an increased return.
For example, if the basic rent is $350, the owner could create a
community market rent at $410, and market the unit to tenants who could
pay the $410 rent at less than 30 percent of adjusted income. A
percentage of the $60 difference could be retained by the owner, as
negotiated with the Agency, up to $30.
Prior to implementation of the community market rent
demonstrations, the Agency will issue guidance to successful applicants
who have indicated an interest in participating in the demonstration
providing further details with respect to the program.
II. Award Information
The Consolidated and Further Continuing Appropriations Act, 2012
(Pub. L. 112-55), November 18, 2011, appropriated $2,000,000 in budget
authority to operate the MPR Demonstration Program. The budget
authority is anticipated to make approximately $19.9 million available
in program funds depending on the funding tools used. This funding
remains available until expended.
All Agency funding of applications submitted under this Notice must
be approved no later than September 30, 2013. Applicants are alerted
that the Agency has unfunded applications carried over from prior
Notices that will receive priority based on that Notice. If funds
available for the MPR are fully committed before all eligible pre-
applications selected for further processing are funded, the Agency
shall suspend further processing of the pre-applications at that time.
If additional funding is received during 2013, processing will
continue. Any pre-applications or applications that have not been
approved by September 30, 2013, will be considered (based on scoring
under the prior applicable Notice) with any pre-applications received
under any future Notice unless the application is withdrawn. Any pre-
applications selected under this Notice, or prior Notices, that are not
approved by the Agency prior to September 30, 2014, will be considered
withdrawn automatically. However, the applicants may reapply for
funding under future Notices.
III. Eligibility Information
Applicants (and the principals associated with each applicant) must
meet the following requirements:
1. Eligibility under applicable provisions of 7 CFR 3560.55 and
3560.555; however, the requirements described in 7 CFR 3560.55(a)(5)
pertaining to required borrower contributions and paragraph (a)(6)
pertaining to required contributions of initial operating capital are
waived for all MPR proposals. Eligibility consideration also includes
the continued ability of the borrower/applicant to provide acceptable
management and will include an evaluation of any current outstanding
deficiencies. Any outstanding violations, recorded in the Agency's
Automated MFH Information System (MFIS), will preclude further
processing of any MPR applications associated with the borrower or
Identity of Interest (IOI) management agent unless there is a current,
approved workout plan in place and the plan is being satisfactorily
followed as determined by the Agency.
2. For Section 515 Rural Rental Housing (RRH) projects, the average
physical vacancy rate for the 12 months preceding the filing of the
pre-application can be no more than 10 percent for projects of 16 units
or more and no more than 15 percent for projects less than 16 units
unless an exception applies under Section VI paragraph (1)(ii) of this
Notice. If a project consolidation is involved, the consolidation will
remain eligible so long as the average vacancy rate for all the
projects involved meets the occupancy standard noted in this paragraph.
Projects that do not meet the occupancy threshold at the time of filing
the application may be withdrawn by the owner from the application
process without jeopardizing the application.
3. For Section 514/516 FLH projects, rather than an average
physical vacancy rate as noted in III(2) above, a positive cash flow
for the previous full 3 years of operation is required unless an
exception applies under Section VI paragraph (1)(ii) of this Notice.
4. Ownership of and ability to operate the project after the
transaction is completed. In the event of a transfer, the proposed
transferee, with an executed purchase agreement or other evidence of
site control, must apply. Purchase agreements that are not executed or
are expired will not be accepted.
5. An Agency approved CNA (for guidance refer to https://www.rurdev.usda.gov/HMF_MPR.html and an Agency financial evaluation
must be conducted to ensure that utilization of the restructuring tools
of the MPR program is financially feasible and necessary for the
revitalization and preservation of the project for affordable housing.
Initial eligibility for processing will be determined as of the date of
the pre-application filing deadline. The Agency reserves the right to
discontinue processing any application due to material changes in the
applicant's status occurring at any time after the initial eligibility
determination.
6. Please note that all grant eligible applicants must obtain a Dun
and Bradstreet Data Universal Numbering System (DUNS) number and
register in the Central Contractor Registration (CCR) prior to
submitting a pre-application pursuant to 2 CFR 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 consideration 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 17a. So long as an entity applicant does not have an exception
under 2 CFR 170.110(b), the applicant must have the necessary processes
and systems in place to comply with the reporting requirements should
the applicant receive funding. See 2 CFR 170.200(b).
IV. Equal Opportunity and Nondiscrimination Requirements
USDA is an equal opportunity provider, employer, and lender.
1. Borrowers and applicants will comply with the provisions of 7
CFR 3560.2.
2. All housing must meet the accessibility requirements found at 7
CFR 3560.60(d).
3. All MPR participants must submit or have on file a valid Form RD
400-1, ``Equal Opportunity Agreement'' and
[[Page 75125]]
Form RD 400-4, ``Assurance Agreement.''
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, sex,
marital status, familial status, religion, sexual orientation, or
because all or part of an individual's income is derived from any
public assistance program. (Not all prohibited bases apply to all
programs.) Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape,
etc.) should contact USDA's TARGET Center at (202) 720-2600 (Voice and
TDD). To file a complaint of discrimination, write to USDA, Director,
Office of Adjudication and Compliance, 1400 Independence Avenue SW.,
Washington, DC 20250-9410, or call (800) 795-3272 (Voice) or (202) 720-
6382 (TDD).
The policies and regulations contained in 7 CFR Part 1901, Subpart
E, apply to this program.
V. Authorities Available for MPR
MPR tools will be used in accordance with 7 CFR part 3560. The
program will be administered within the resources available to the
Agency through Public Law 112-55 and any future appropriations for the
preservation and revitalization of Section 514/516 and Section 515
financed projects. In the event that any provisions of 7 CFR part 3560
conflict with this demonstration program, the provisions of the MPR
will take precedence.
VI. Application and Submission Information
1. The application submission and scoring process will be completed
in two phases in order to avoid unnecessary effort and expense on the
part of borrowers/applicants and to allow additional points for
applicants that propose a transfer of a troubled project to an eligible
owner.
Phase I--The first phase is the pre-application process. The
applicant must submit a complete pre-application by the deadline date
under the ``DATES'' section of this Notice. The applicant's submission
will be classified as ``complete'' when the MPR Pre-application form is
received in the correct format and place as described in this Notice
for each MPR proposal the applicant wishes to be considered in the
demonstration. In the event the MPR proposal involves a project
consolidation, it will be completed in accordance with 7 CFR 3560.410.
One pre-application for the proposed consolidated project is required
and must identify each project included in the consolidation. If the
MPR proposal involves a portfolio transaction (sale or stay in owner),
one pre-application for each project in the portfolio is required and
each pre-application must identify each project included in the
portfolio transaction. In addition, a synopsis of this program and the
pre-application's universal resource locator (URL) will be listed by
Catalog of Federal Domestic Assistance Number or at Federal GrantsWire
at https://www.federalgrantswire.com.
In order for the pre-application to be considered complete, all
applicable information requested on the MPR Pre-application form must
be provided. Additional information that must be provided with the pre-
application, when applicable, includes:
i. A copy of a purchase agreement if a transfer of ownership is
proposed.
ii. A market survey for any pre-application project not meeting the
occupancy standards cited in Section III (2) and (3) above. The market
survey should show there is an overwhelming market demand for the
project evidenced by waiting lists and a housing shortage confirmed by
local housing agencies and realtors. The market survey must show a
clear need and demand for the project once a restructuring transaction
is completed. The results of the survey of existing or proposed rental
or labor housing, including complex name, location, number of units,
bedroom mix, family or elderly type, year built, and rent charges must
be provided as well as the existing vacancy rate of all available
rental units in the community, their waiting lists and amenities, and
the availability of RA or other subsidies. The Agency will determine
whether or not the proposal has market feasibility based on the data
provided by the applicant. Any costs associated with the completion of
the market survey is NOT an eligible program project expense.
Unless an exception under this section applies, the requirements
stated in Section III, paragraph (2) and (3) of this Notice must be
met.
Note: All documents must be received on or before the pre-
application closing deadline to be considered complete and timely
filed. Pre-applications that do not include a Purchase Agreement for
transfer proposals or market surveys for projects that do not meet
the occupancy standards of Section III paragraphs (2) and (3) of
this Notice, will be considered incomplete and will be returned to
the applicant with appeal rights.
Phase II--The second phase of the application process will be
completed by the Agency based on Agency records and the pre-application
information submitted. All complete, eligible, and timely-filed pre-
applications will be scored and ranked based on points received during
this two-phase application process. Further, the Agency will categorize
each MPR proposal as being potentially a Simple, Complex, or a
Portfolio transaction based on the information submitted on the pre-
application and in accordance with the category description provided in
Section I of this Notice.
2. Pre-applications can be submitted either electronically or in
hard copy. The Agency will record pre-applications received
electronically by the actual date and time received in the MPR Web site
mail box. This date may impact ranking of the application as discussed
under section VII. For all hard copy pre-applications received, the
recorded receipt time will be the close of business time for the day
received. Assistance for filing electronic and hard copy pre-
applications can be obtained from any Rural Development State Office. A
listing of State Offices, their addresses, telephone numbers and person
to contact is included under Section X of this Notice.
The pre-application is an Adobe Acrobat format and may be completed
as a fillable form. The form contains a button labeled ``Submit by
Email.'' Clicking on the button will result in an email containing a
completed pre-application being sent to the MPR Web site mail box for
consideration. If a purchase agreement or market survey is required,
these additional documents are to be attached to the resulting email
prior to submission.
Pre-application forms may be downloaded from the Agency's Web site
at https://www.rurdev.usda.gov/RD_NOFAs.html or obtained by contacting
the State Office in the State the project is located. Hard copy pre-
applications and additional materials can be mailed to the attention of
Sherry Engel or Tiffany Tietz, at sherry.engel@wdc.usda.gov or
tiffany.tietz@wdc.uda.gov, at (715) 345-7677 (616) 942-4111, extension
126, Finance and Loan Analyst, Multi-Family Housing Preservation and
Direct Loan Division, STOP 0782 (Room 1263-S), U.S. Department of
Agriculture, Rural Housing Service, 1400 Independence Avenue SW.,
Washington, DC 20250-0781. (Please note this telephone number is not a
toll-free number.)
VII. Selection for Processing
A. Pre-application ranking points will be based on information
provided during the submission process and in Agency records. Only
timely, complete
[[Page 75126]]
pre-applications will be ranked. Points will be awarded as follows:
1. Contribution of other sources of funds. Other funds are those
discussed in items (i) through (vi) of Section I of this Notice. Points
awarded are to be based on documented written evidence that the funds
are committed. The maximum points awarded for this criterion is 25
points. These points will be awarded in the following manner:
i. Evidence of a commitment of at least $3,000 to $5,000 per unit
per project from other sources--15 points, or
ii. Evidence of a commitment greater than $5,000 per unit per
project from other sources--20 points.
iii. Evidence of a commitment greater than $5,000 per unit per
project from other sources and a binding written commitment by a third-
party to contribute 25 percent or more of any allowable developer fee
to the hard costs of construction--25 points.
2. Owner contribution. The maximum points awarded for this
criterion is 10 points. These points will be awarded in the following
manner:
i. Owner contribution sufficient to pay transaction costs. (These
funds cannot be from the project's reserve or operating funds.)
Transaction costs are defined as those Agency approved costs required
to complete the transaction under this Notice and include, but are not
limited to, the CNA, legal and closing costs, appraisal costs and
filing/recording fees. The minimum contribution required to receive
these points is $10,000 per project and must be deposited into the
respective project reserve account prior to closing the MPR transaction
from the owner's non-project resources. 5 points
ii. Owner contribution for the hard costs of construction. (These
funds cannot be from the project's reserve account or project's general
operating account or in the form of a loan.) Hard costs of construction
are defined as those costs for materials, equipment, property or
machinery required to complete the proposal under this Notice. Hard
costs must be itemized on Form RD 1924-13, ``Estimate and Certificate
of Actual Cost.'' Form RD 1924-13 which can be found at https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF. The
minimum contribution required to receive these points is $1,000 per
unit per project which will be required to be deposited in the project
reserve account or a supervised/construction account, as directed by
Rural Development, prior to closing. An increased RTO may be budgeted
and allowed for funds committed in accordance with 7 CFR
3560.406(d)(14)(ii). 10 points
3. Age of project. For project consolidation (including portfolio
transactions) proposals, the project with the earliest operational date
(operational date is the date the project initially placed in service
and documented in the Agency's Multi-Family Housing Information System
(MFIS)) will be used in determining the age of the project. Since the
age of the project and the date the project placed in service are
directly related to physical needs, a maximum of 25 points will be
awarded based on the following criteria:
i. Projects with initial operational dates prior to December 21,
1979--25 points.
ii. Projects with initial operational dates on or after December
21, 1979, but before December 15, 1989--20 points.
iii. Projects with initial operational dates on or after December
15, 1989, but before October 1, 1991--15 points.
iv. Projects with initial operational dates on or after October 1,
1991--0 points.
4. Troubled project points. The Agency may award up to 25 points to
pre-applications involving projects that have been adversely impacted
by an act of nature or where physical and/or financial deterioration or
management deficiencies exist. Projects classified ``B'', ``C'' or
``D'', as defined below, will be considered troubled and points will be
awarded in the following manner:
Class ``D'' Projects
Class ``D'' projects are in default and may be taken into
inventory, be lost to the program or cause the displacement of tenants.
Defaults can be monetary or non-monetary. Projects in non-monetary
default are those where the Agency has notified the borrower of a
violation using the Agency's three processing letter process and the
borrower has not addressed the violation to the Agency's satisfaction.
Class ``C'' Projects
Class ``C'' projects are projects with identified findings or
violations, which are not associated to a workout plan and/or
transition plan. This can include projects with violations where a
servicing letter has been issued but 60 days have not passed.
Class ``B'' Projects
Class ``B'' projects indicates that the Agency has taken servicing
steps and the borrower is cooperating to resolve identified findings or
violations by associating a workout plan and/or transition plan.
For Transfer proposals:
i. For projects classified a ``C'' or ``D'' for 24 months or more--
20 points.
ii. For projects classified as a ``C'' or ``D'' for less than 24
months--15 points.
Stay in owner proposals:
i. For projects classified as a ``B'' as a result of a workout plan
and/or transition plan approved by the Agency prior to 1/1/2012--25
points.
ii. Projects with an Agency ``C'' classification, for 6 months or
longer at the time the MPR pre- application is filed, will not be
considered eligible to participate in the MPR.
5. Proposed or Closed Sale of 515 projects to Non-Profit/Public
Housing Authority. The Agency will award 20 points for projects that
have or will be sold to non-profit organizations under the prepayment
process as explained in 7 CFR part 3560, Subpart N. To receive points,
the borrower/applicant must provide a copy of the executed purchase
agreement (if sale is proposed) or a copy of the purchase agreement and
filed deed (if sale is already closed to an eligible non-profit or
public body)--20 points.
6. Prior approved CNAs. In the interest of ensuring timely
application processing and underwriting, the Agency will award up to 20
points for projects with CNAs already approved by the Agency.
``Approved'' means the initial CNA or an updated CNA was previously
reviewed and approved by the Agency. CNAs or updates before October 1,
2010 may not be used for MPR underwriting without an update approved by
the Agency. Points will be awarded for:
i. CNAs approved on or after October 1, 2010, but prior to October
1, 2011--10 points.
ii. CNAs approved on or after October 1, 2011, but prior to the
publication of this Notice--20 points.
7. Tenant service provision. The Agency will award 5 points for
applications that include new services provided by either a for-profit
or a non-profit organization, which may include a faith-based
organization, or by another Government agency. Such services shall be
provided at no cost to the project and shall be made available to all
tenants. Examples of such services may include transportation for the
elderly, after-school day care services or after-school tutoring.
8. Consolidation of project operations. To encourage post-
transaction operational cost savings and management efficiencies, the
Agency will award 5 points for pre-applications that include at least
two and up to four projects that will consolidate project budget and
management operations and 10 points for applicants that include at
[[Page 75127]]
least five or more projects that will consolidate project budget and
management operations. Consolidations must meet the requirements of 7
CFR 3560.401. (5 or 10 points.)
For portfolio sales and project consolidations, the Agency will
calculate the average score for each project within the portfolio or
consolidation.
9. Energy Conservation, Energy Generation, and Green Property
Management. Under the MPR Energy Initiatives, projects may receive a
maximum of 42 points under three categories: Energy Conservation,
Energy Generation and Green Property Management.
i. Energy Conservation--30 points.
Pre-applications for rehabilitation and preservation of projects
may be eligible to receive a maximum of 30 points for the following
energy conservation measures.
(a) Participation in the Green Communities program by the
Enterprise Community Partners, https://www.enterprisecommunity.com/solutions-and-innovation/enterprise green-communities, or an equivalent
Agency approved program will be awarded 30 points for any project that
qualifies for the program. At least 30 percent of the points needed to
qualify for the Green Communities program must be earned under the
Energy Efficiency section of the Green Communities qualification
program. Green Communities has an initial checklist indicating
prerequisites for participation. Each applicant must provide a
checklist establishing that the prerequisites for each program's
participation will be met. Additional points will be awarded for
checklists that achieve higher levels of energy efficiency
certification as set forth below. All checklists must be accompanied by
a signed affidavit by the project architect or engineer stating that
the goals are achievable.
(b) If you are not enrolling in the Green Communities program, then
points can be accumulated for each of the following items up to a total
of 20 points. Provide documentation to substantiate your answers below:
i. This proposal includes the replacement of heating, ventilation
and air conditioning (HVAC) equipment with Energy Star qualified
heating, ventilation and air conditioning equipment. 3 points.
ii. This proposal includes the replacement of windows and doors
with Energy Star qualified windows and doors. 3 points.
iii. This proposal includes additional attic and wall insulation
that exceeds the required R-Value of these building elements for your
areas as per the International Energy Conservation Code 2009. Two
points will be awarded if all exterior walls exceed insulation code,
and 1 point will be awarded if attic insulation exceeds code for a
maximum of 3 points.
iv. This proposal includes the reduction in building shell air
leakage by at least 15 percent as determined by pre- and post-rehab
blower door testing on a sample of units. Building shell air leakage
may be reduced through materials such as caulk, spray foam, gaskets and
house-wrap. Sealing of duct work with mastic, foil-backed tape, or
aerosolized duct sealants can also help reduce air leakage. 3 points.
v. This proposal includes 100 percent of installed appliances and
exhaust fans that are Energy Star qualified. 2 points
vi. This proposal includes 100 percent of installed water heaters
that are Energy Star qualified. 2 points.
vii. This proposal included replacement of 100 percent of toilets
with flush capacity of more than 1.6 gallon flush capacity with new
toilets having 1.6 gallon flush capacity or less, and with Environment
Protection Agency (EPA) Water Sense label. 1 point.
viii. This proposal includes 100 percent of new showerheads with
EPA Water Sense label. 1 point.
ix. This proposal included 100 percent of new faucets with WPA
Water Sense label. 1 point.
x. This proposal included 100 percent energy-efficient lighting
including Energy Star qualified fixtures, compact fluorescent
replacement bulbs in standard incandescent fixtures and Energy Star
ceiling fans. 1 point.
And
(c) 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 and look for additional requirements that are
sometimes embedded in the third-party program's rating and verification
systems. 2 points.
10. Energy Generation (maximum 5 points).
Pre-applications which participate in the Green Communities program
by the Enterprise Community Partners or an equivalent Agency approved
program or receive at least 8 points for Energy Conservation measures
are eligible to earn additional points for installation of on-site
renewable energy sources. Renewable, on-site energy generation will
complement a weather-tight, 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, photovoltaic (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 paragraph 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 (where
generation is considered to be the total amount of energy needed to be
generated on-site to make the building a net-zero consumer of energy)
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
paragraph, 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 building's Home Energy Rating
System (HERS) score.
11. Green Property Management Credentials (5 points).
Pre-applications 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
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Operations and Maintenance (LEED OM), or another Agency approved 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 Agency will total the points awarded to each pre-application
received within the timeframes of this Notice and rank each pre-
application according to total score. If point totals are equal, the
earliest time and date the pre-application was received by the Agency
will determine the ranking. In the event pre-applications are still
tied, they will be further ranked by giving priority to those projects
with the earliest Rural Development operational date as defined under
paragraph VII. 3.
B. Confirmation of Eligibility
Eligibility will be confirmed after ranking is completed on the 10
highest-scoring pre-applications in each State. If one or more of the
10 highest-scoring pre-applications is determined ineligible, (i.e. the
applicant is a borrower that is not in good standing with the Agency or
has been debarred or suspended by the Agency, etc.) the next highest-
scoring pre-application will be confirmed for eligibility.
If one or more of the 10 highest-ranking pre-applications is a
portfolio transaction, eligibility determinations will be conducted on
each pre-application associated with the portfolio. Should any of the
pre-applications associated with the portfolio sale be determined
ineligible, those ineligible pre-application(s) will be rejected, but
the overall eligibility of the portfolio sale will not be affected as
long as the requirements in Section I and other provisions of this
Notice are met.
If one or more of the 10 highest-ranking pre-applications in a
State is a project consolidation, and one of the projects involved in
the consolidation does not meet the occupancy standards cited in
Section III (2), that project(s) will be determined ineligible and
eliminated from the proposed consolidation transaction.
C. Selection of Pre-Applications for Further Processing
Once ranking and eligibility confirmations are complete, the Agency
will conduct a four-step process to select eligible pre-applications
for submission of formal applications. This process will allow the
Agency to develop a representative sampling of revitalization
transaction types, assure geographic distribution, and assure an
adequate pipeline of transactions to use all available funding. All MPR
tools are available to be used on both Section 514/516 and Section 515
projects.
Step One: The Agency will review the eligible pre-applications,
categorize each pre-application as either Simple, Complex, or Portfolio
(see section I) and sort them by State.
Step Two: The Agency will select, for further processing, the top-
ranked portfolio transactions until a total of $50,000,000 in potential
debt deferral is reached. Portfolio transactions will be limited to one
per State (either RRH or FLH) and will count as one MPR transaction. A
portfolio transaction, as defined in section I will be limited to a
maximum of 15 projects.
Step Three: The highest ranked complex transactions (RRH or FLH)
will be selected for further processing, not to exceed 1 per State.
Step Four: Additional projects will be selected from the highest
ranked eligible pre-applications involving simple transactions in each
State until a total of three RRH pre-applications for MPR transactions
are reached. If a FLH complex transaction has not been selected in Step
Three above, one additional FLH project will be selected from the
highest ranked eligible pre-applications involving FLH simple
transactions, until a total of four MPR pre-applications per State is
reached. States that do not have a FLH pre-application will be limited
to three MPR pre-applications.
If there are insufficient funds for all projects under any step,
the Agency may suspend further selections. Any remaining eligible
applications will be carried over to the next fiscal year for
consideration. Any pre-applications that have not been approved by
September 30, 2013, will be rescored and ranked with any future pre-
applications according to the applicable future Notice unless it is
withdrawn. Any such unfunded pre-applications not approved by the
Agency prior to September 30, 2014, automatically will be considered
withdrawn by the Agency. Applicants, however, may reapply for funding
under future Notices.
VIII. Processing of Selected Pre-Applications
Those eligible pre-applications that are ranked and then selected
for further processing will be invited to submit a formal application
on SF 424, ``Application for Federal Assistance.'' Those eligible pre-
applications that are not selected for further processing will be
retained by the Agency unless they are withdrawn according to this
Notice. Applicants rejected will be notified their pre-applications
were not selected and provided with appeal rights under 7 CFR part 11.
In the event a pre-application is selected for further processing and
the applicant declines, the next highest ranked pre-application of the
same transaction type in that State will be selected provided there is
no change in the preliminary eligibility of the pre-applicant. If there
are no other pre-applications of the same transaction type, then the
next highest-ranked pre-application, regardless of transaction type,
will be selected.
Applications (SF 424s) can be obtained and completed online. An
electronic version of this form may be found on the internet at https://www.epa.gov/ogd/AppKit/index.htm or a hard copy may be obtained by
contacting the State Office in the State where the project is located
and can be submitted either electronically or in hard copy (refer to
Section X for a listing of State Offices)
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, Public
Law 112-55, Division A sections 738 and 739 regarding corporate felony
convictions and corporate federal tax delinquencies. To comply with
these provisions, all applicants also must submit form AD-3030 which
can be found here: https://www.ocio.usda.gov/forms/ocio_forms.html.
If a pre-application is accepted for further processing, the
applicant must submit additional information needed to demonstrate
eligibility and feasibility (such as a CNA), consistent with this
Notice and the appropriate sections of 7 CFR part 3560, prior to the
issuance of any restructuring offer. The Agency will provide additional
guidance to the applicant and request information and documents
necessary to complete the underwriting and review process. Since the
character of each application may vary substantially depending on the
type of transaction proposed, information requirements will be provided
as appropriate. Complete project information must be submitted as soon
as possible, but in no case later than 45 calendar days from the date
of Agency notification of the applicant's selection for further
processing or September 1, 2013, whichever occurs first. Failure to
submit the required information in a timely manner may result in the
Agency discontinuing the processing of the request.
The Agency will work with the applicants selected for further
processing in accordance with the following:
[[Page 75129]]
1. Based on the feasibility of the type of transaction that will
best suit the project and the availability of funds, further
eligibility confirmation determinations will be conducted by the
Agency.
2. If an Agency approved CNA has not already been submitted to the
Agency, an Agency approved CNA will be required (see 7 CFR 3560.103(c)
and the Agency's published ``Guidance on the Capital Needs Assessment
Process'' available at https://www.rurdev.usda.gov/HMF_MPR.html and
the CNA Statement of Work together with any non-conflicting
amendments). Agency approved CNAs must be prepared by a qualified
independent contractor and are obtained to determine needed repairs and
any necessary adjustments to the reserve account for long-term project
viability. In order for the Agency to approve a CNA it must also
include:
i. A physical inspection of the site, architectural features,
common areas and all electrical and mechanical systems;
ii. An inspection of a sample of dwelling units;
iii. Identify repair or replacement needs;
iv. Provide a cost estimate of the repair and replacement expenses;
and
v. Provide at least a 20-year analysis of the timing and funding
for identified needs which includes reasonable assumptions regarding
inflation. The cost of the CNA will be considered a part of the project
expense and may be paid from the ``project reserve'' with prior
approval of the Agency. The Agency approval for participation in this
program will be contingent upon the Agency's final approval of the CNA
and concurrence in the scope of work by the owner. The Agency, in its
sole discretion, may choose to obtain a CNA, at its expense, if it
determines that doing so is in the best interest of the Government.
3. Underwriting will be conducted by the Agency. The feasibility
and structure of each revitalization proposal will be based on the
Agency's underwriting and determination of the restructuring tools that
will minimize the cost to the Government consistent with the purposes
of this Notice.
IX. MPR Offers
Approved MPR offers will be presented to successful applicants who
will then have up to 15 calendar days to accept or reject the offer in
writing. If no offer is made, the application will be rejected and
appeal rights will be given. Closing of MPR offers will occur within 90
days of acceptance by the applicant unless extended in writing by the
Agency.
X. USDA Rural Development MFH State Office Contacts
(Note: Telephone numbers listed are not toll-free.)
Alabama State Office, Suite 601, Sterling Centre, 121 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 Avenue, Suite 206, Phoenix, AZ 85003-1706, (602) 280-
8764, Ernie Wetherbee.
Arkansas State Office, 700 W. Capitol Avenue, 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 Drive, 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, extension 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, LA
71302, (318) 473-7962, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4, 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, extension 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
Drive, Mt. Laurel, NJ 08054, (856) 787-7732, Neil Hayes.
New Mexico State Office, 6200 Jefferson Street 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 Boulevard, 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, extension 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.
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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 Boulevard, Suite B,
Olympia, WA 98512, (360) 704-7706, Bill Kirkwood.
West Virginia State Office, Federal Building, 75 High Street, Room
320, Morgantown, WV 26505-7500, (304) 372-3441, extension 105, Penny
Thaxton.
Western Pacific Territories, Served by Hawaii State Office.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI
54481, (715) 345-7620, extension 157, Debbie Biga.
Wyoming State Office, P.O. Box 11005, Casper, WY 82602, (307) 233-
6716, Timothy Brooks.
X. Appeal Process
All adverse determinations are appealable pursuant to 7 CFR part
11. Instructions on the appeal process will be provided at the time an
applicant is notified of the adverse action.
Dated: December 6, 2012.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
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[FR Doc. 2012-30190 Filed 12-18-12; 8:45 am]
BILLING CODE 3410-XX-C