Notice of Solicitation of Applications for Loan Guarantees Under the Section 538 Guaranteed Rural Rental Housing Program for Fiscal Year 2016, 13311-13317 [2016-05610]
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Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
ACTION:
Notice of availability.
We are advising the public
that we have prepared a pest risk
analysis that evaluates the risks
associated with importation of fresh figs
(Ficus carica) from Peru into the
continental United States. Based on the
analysis, we have determined that the
application of one or more designated
phytosanitary measures will be
sufficient to mitigate the risks of
introducing or disseminating plant pests
or noxious weeds via the importation of
fresh figs from Peru. We are making the
pest risk analysis available to the public
for review and comment.
DATES: We will consider all comments
that we receive on or before May 13,
2016.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2016-0011.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2016–0011, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2016-0011 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Senior Regulatory
Policy Specialist, Regulatory
Coordination and Compliance, Imports,
Regulations, and Manuals, PPQ, APHIS,
4700 River Road Unit 133, Riverdale,
MD 20737–1231; (301) 851–2352;
Claudia.Ferguson@aphis.usda.gov.
SUPPLEMENTARY INFORMATION: Under the
regulations in ‘‘Subpart—Fruits and
Vegetables’’ (7 CFR 319.56–1 through
319.56–74, referred to below as the
regulations), the Animal and Plant
Health Inspection Service (APHIS)
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into or disseminated within
the United States.
Section 319.56–4 contains a
performance-based process for
approving the importation of certain
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SUMMARY:
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fruits and vegetables that, based on the
findings of a pest risk analysis, can be
safely imported subject to one or more
of the five designated phytosanitary
measures listed in paragraph (b) of that
section.
APHIS received a request from the
national plant protection organization
(NPPO) of Peru to allow the importation
of fresh figs (Ficus carica) into the
continental United States. As part of our
evaluation of Peru’s request, we have
prepared a pest risk assessment (PRA) to
identify pests of quarantine significance
that could follow the pathway of
importation of figs into the continental
United States from Peru. Based on the
PRA, a risk management document
(RMD) was prepared to identify
phytosanitary measures that could be
applied to the figs to mitigate the pest
risk. We have concluded that figs can be
safely imported from Peru to the
continental United States using one or
more of the five designated
phytosanitary measures listed in
§ 319.56–4(b). These measures are:
• The figs must be imported as
commercial consignments only;
• Each consignment of figs must be
accompanied by a phytosanitary
certificate issued by the NPPO of Peru;
• Each consignment of figs must be
treated in accordance with 7 CFR part
305; and
• Each consignment of figs is subject
to inspection upon arrival at the port of
entry to the United States.
Therefore, in accordance with
§ 319.56–4(c), we are announcing the
availability of our PRA and RMD for
public review and comment. The
documents may be viewed on the
Regulations.gov Web site or in our
reading room (see ADDRESSES above for
a link to Regulations.gov and
information on the location and hours of
the reading room). You may request
paper copies of the PRA and RMD by
calling or writing to the person listed
under FOR FURTHER INFORMATION
CONTACT. Please refer to the subject of
the analysis you wish to review when
requesting copies.
After reviewing any comments we
receive, we will announce our decision
regarding the import status of fresh figs
from Peru in a subsequent notice. If the
overall conclusions of our analysis and
the Administrator’s determination of
risk remain unchanged following our
consideration of the comments, then we
will authorize the importation of fresh
figs from Peru into the continental
United States subject to the
requirements specified in the RMD.
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
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13311
Done in Washington, DC, this 9th day of
March 2016.
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2016–05669 Filed 3–11–16; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Solicitation of Applications
for Loan Guarantees Under the Section
538 Guaranteed Rural Rental Housing
Program for Fiscal Year 2016
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
The Rural Housing Service
(RHS), an agency within Rural
Development, announces that it is
soliciting competitive applications
under its Section 538 Guaranteed Rural
Rental Housing Program (GRRHP)
pursuant to 7 CFR 3565.4 for Fiscal Year
(FY) 2016. The Consolidated
Appropriations Act, 2016, Public Law
114–113 (December 18, 2015)
appropriated $150 million for FY 2016.
The commitment of program dollars
will be made first to approved and
complete applications from prior years’
notices, then to applicants of selected
responses in the order they are ranked
under this Notice that have fulfilled the
necessary requirements for obligation.
Successful applications will be selected
by the Agency for funding and
subsequently awarded to the extent that
funding may ultimately be made
available to the Agency through
appropriations.
Expenses incurred in developing
applications will be at the applicant’s
risk. The following paragraphs outline
the timeframes, eligibility requirements,
lender responsibilities, and the overall
response and application processes.
Eligible lenders are invited to submit
responses for new construction and
acquisition with rehabilitation of
affordable rural rental housing. The
Agency will review responses submitted
by eligible lenders, on the lender’s
letterhead, and signed by both the
prospective borrower and lender.
Although a complete application is not
required in response to this Notice,
eligible lenders may submit a complete
application concurrently with the
response. Submitting a complete
application will not have any effect on
the respondent’s response score.
DATES: Eligible responses to this Notice
will be accepted until December 31,
2017, 12:00 p.m. Eastern Time. Selected
SUMMARY:
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responses that develop into complete
applications and meet all Federal
eligibility requirements prior to
September 30, 2016, will receive
conditional commitments until all FY
2016 funds are expended. Selected
responses to this Notice that are deemed
eligible for further processing after
September 30, 2016, will be funded to
the extent an appropriations act
provides sufficient funding in the fiscal
year the response is selected. Responses
are subject to the fee structure in effect
in the fiscal year they are selected for
funding, for example, a response that
receives a Notice to Proceed Letter in FY
2015 will be subject to all fees in effect
in FY 2015.
Eligible lenders mailing a response or
application must provide sufficient time
to permit delivery to the appropriate
submission address below on or before
the closing deadline date and time.
Acceptance by a U.S. Post Office or
private mailer does not constitute
delivery. Postage due responses and
applications will not be accepted.
Submission Address: Eligible lenders
will send responses to the Multi-Family
Housing Program Director of the State
Office where the project will be located.
USDA Rural Development State Offices,
their addresses, and telephone numbers,
may be found at https://
www.rd.usda.gov/contact-us/stateoffices.
Note: Telephone numbers listed there are
not toll-free.
FOR FURTHER INFORMATION CONTACT:
Tammy Daniels, Financial and Loan
Analyst, USDA Rural Development
Guaranteed Rural Rental Housing
Program, Multi-Family Housing
Guaranteed Loan Division, U.S.
Department of Agriculture, South
Agriculture Building, Room 1263–S,
STOP 0781, 1400 Independence Avenue
SW., Washington, DC 20250–0781 or
email: tammy.daniels@wdc.usda.gov.
Telephone: (202) 720–0021. This
number is not toll-free. Hearing or
speech-impaired persons may access
that number by calling the Federal
Information Relay Service toll-free at
(800) 877–8339.
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Overview
Federal Agency: Rural Housing Service
Solicitation Opportunity Title:
Guaranteed Multi-Family Housing
Loans
Announcement Type: Initial Solicitation
Announcement
Catalog of Federal Domestic Assistance:
10.438
Dates: Response Deadline: December 31,
2017, 12:00 p.m. Eastern Time
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I. Funding Opportunity Description
The GRRHP is authorized by Section
538 of the Housing Act of 1949, as
amended (42 U.S.C. 1490p–2) and
operates under 7 CFR part 3565. The
purpose of the GRRHP is to increase the
supply of affordable rural rental housing
through the use of loan guarantees that
encourage partnerships between the
Agency, private lenders, and public
agencies.
Eligibility of Prior Year Selected
Responses: Prior fiscal year response
selections that did not develop into
complete applications within the time
constraints stipulated by the
corresponding State Office have been
cancelled. Applicants have been
notified of the cancellation by the State
Office. A new response for the project
may be submitted subject to the
conditions of this Notice.
Prior years’ responses that were
selected by the Agency, with a complete
application submitted by the lender
within 90 days from the date of
notification of response selection
(unless an extension was granted by the
Agency), will be eligible for FY 2016
program dollars without having to
complete a FY 2016 response. A
complete application includes all
Federal environmental documents
required by 7 CFR part 1940, subpart G,
and a Form RD 3565–1, ‘‘Application for
Loan and Guarantee.’’ Any approved
applications originating from FY 2015
and previous fiscal years (outstanding
prior years approved applications) that
are obligated between January 2, 2016,
and December 31, 2017, however, are
subject to the fees in the ‘‘PROGRAM
FEES’’ section in this Notice.
Outstanding prior years approved
applications will be obligated to the
extent of available funding in order of
priority score with the highest scores
obligated first. The scores the
applications received under the Notice
the year the application was submitted
will be used for the ranking. In the case
of tied scores, the project with the
greatest leveraging (lowest loan to cost
ratio) will receive selection priority.
Once the outstanding prior years
approved applications have been
funded, the Agency will select FY 2016
responses for further processing in rank
order as determined by the scoring
criteria set forth in this Notice to the
extent that funds remain available.
II. Award Information
Anyone interested in submitting an
application for funding under this
program is encouraged to consult the
Rural Development Web site https://
www.rd.usda.gov/programs-services/
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multi-family-housing-loan-guarantees
periodically for updated information
regarding the status of funding
authorized for this program.
Qualifying Properties: Qualifying
properties include new construction for
multi-family housing units and the
acquisition of existing structures with a
minimum per unit rehabilitation
expenditure requirement in accordance
with 7 CFR 3565.252. The Agency does
not finance acquisition only deals.
Also eligible is the revitalization,
repair, and transfer (as stipulated in 7
CFR 3560.406) of existing direct Section
515 housing and Section 514/516 Farm
Labor Housing (FLH) (transfer costs are
subject to Agency approval and must be
an eligible use of loan proceeds as listed
in 7 CFR 3565.205), and properties
involved in the Agency’s Multifamily
Preservation and Revitalization (MPR)
program. Equity payment, as stipulated
in 7 CFR 3560.406, in the transfer of
existing direct Section 515 and Section
514/516 FLH, is an eligible use of
guaranteed loan proceeds. In order to be
considered, the transfer of Section 515
and Section 514/516 FLH and MPR
projects must need repairs and undergo
revitalization of a minimum of $6,500
per unit.
Eligible Financing Sources: Any form
of Federal, State, and conventional
sources of financing can be used in
conjunction with the loan guarantee,
including Home Investment
Partnerships Program (HOME) grant
funds, tax exempt bonds, and Low
Income Housing Tax Credits (LIHTC).
Types of Guarantees: The Agency
offers three types of guarantees which
are set forth at 7 CFR 3565.52(c). The
Agency’s liability under any guarantee
will decrease or increase, in proportion
to any decrease or increase in the
amount of the unpaid portion of the
loan, up to the maximum amount
specified in the Loan Note Guarantee.
Penalties incurred as a result of default
are not covered by any of the program’s
guarantees. The Agency may provide a
lesser guarantee based upon its
evaluation of the credit quality of the
loan.
Energy Conservation: All new multifamily housing projects financed in
whole or in part by the USDA, are
encouraged to engage in sustainable
building development that emphasizes
energy-efficiency and conservation. In
order to assist in the achievement of this
goal, any GRRHP project that
participates in one or all of the programs
included in priority 7 under the
‘‘Scoring of Priority Criteria for
Selection of Projects’’ section of this
Notice may receive a maximum of 25
additional points added to their project
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score. Participation in these nationwide
initiatives is voluntary, but strongly
encouraged.
Interest Credit: There will be no
interest credit.
Program Fees: The Consolidated
Appropriations Act, 2016, Public Law
114–113 (December 18, 2015) continued
the provision ‘‘That to support the loan
program level for Section 538
guaranteed loans made available under
this heading the Secretary may charge or
adjust any fees to cover the projected
cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act
of 1990 (2 U.S.C. 661 et seq), and the
interest on such loans may not be
subsidized.’’ The following fees have
been determined necessary to cover the
projected cost of such loan guarantees.
These fees may be adjusted in future
years to cover the projected costs of loan
guarantees in those future years or
additional fees may be charged. These
fees are also applicable to all
outstanding prior years’ responses
funded with funds under this NOSA.
The fees are as follows:
1. Initial guarantee fee. The Agency
will charge an initial guarantee fee equal
to 1 percent of the guarantee principal
amount. For purposes of calculating this
fee, the guarantee amount is the product
of the percentage of the guarantee times
the initial principal amount of the
guaranteed loan.
2. Annual guarantee fee. An annual
guarantee fee of 50 basis points (1/2
percent) of the outstanding principal
amount of the loan as of December 31
will be charged each year or portion of
a year that the guarantee is outstanding.
3. As permitted under 7 CFR
3565.302(b)(5), there is a non-refundable
service fee of $1,500 for the review and
approval of a lender’s first request to
extend the term of a guarantee
commitment beyond its original
expiration (the request must be received
by the Agency prior to the
commitment’s expiration). For any
subsequent extension request, the fee
will be $2,500.
4. As permitted under 7 CFR
3565.302(b)(5), there is a non-refundable
service fee of $3,500 for the review and
approval of a lender’s first request to
reopen an application when a
commitment has expired. For any
subsequent extension request to reopen
an application after the commitment has
expired, the fee will be $3,500.
5. As permitted under 7 CFR
3565.302(b)(4), there is a non-refundable
service fee of $1,500 in connection with
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Development State Offices, their
addresses, and telephone numbers may
be found at https://www.rd.usda.gov/
contact-us/state-offices. Note:
Telephone numbers listed are not tollfree. Applicants are strongly
encouraged, but not required, to submit
the NOSA response electronically.
The electronic form contains a button
III. Eligibility Information
labeled ‘‘Send Form.’’ By clicking on the
Eligible Lenders: An eligible lender
button, the applicant will see an email
for the Section 538 GRRHP as required
message window with an attachment
by 7 CFR 3565.102 must be a licensed
that includes the electronic form the
business entity or Housing Finance
applicant filled out as a data file with
Agency (HFA) in good standing in the
an .fdf extension. In addition, an autoState or States where it conducts
reply acknowledgement will be sent to
business. Lender eligibility
the applicant when the electronic NOSA
requirements are contained in 7 CFR
Response form is received by the
3565.102. Please review that section for
Agency unless the sender has software
a complete list of all of the criteria. The
Agency will only accept responses from that will block the receipt of the autoreply email. The State Office will record
GRRHP eligible or approved lenders as
NOSA responses received electronically
described in 7 CFR 3565.102 and
by the actual date and time when all
3565.103 respectively.
Lenders whose responses are selected attachments are received at the State
will be notified by the Agency to submit Office.
a request for GRRHP lender approval
Submission of the electronic Section
within 30 days of notification. Lenders
538 NOSA response form does not
who request GRRHP approval must
constitute submission of the entire
meet the standards in 7 CFR 3565.103.
application package which requires
Lenders that have received GRRHP
additional forms and supporting
lender approval that remain in good
documentation.
standing in accordance with 7 CFR
Content of Responses: All responses
3565.105, do not need to reapply for
require lender information and project
GRRHP lender approval. A lender
specific data as set out in this Notice.
making a construction loan must
Incomplete responses will not be
demonstrate an ability to originate and
considered for funding. Lenders will be
service construction loans, in addition
notified of incomplete responses no
to meeting the other requirements of 7
later than 30 calendar days from the
CFR part 3565, subpart C.
date of receipt of the response by the
Submission of Documentation for
Agency. Complete responses are to
GRRHP Lender Approval: All lenders
include a signed cover letter from the
that have not yet received GRRHP
lender, on the lender’s letterhead. The
lender approval must submit a complete lender must provide the requested
lender application to: Director, Multiinformation concerning the project, to
Family Housing Guaranteed Loan
establish the purpose of the proposed
Division, Rural Development, U.S.
project, its location, and how it meets
Department of Agriculture, Room 1263– the established priorities for funding.
S, STOP 0781, 1400 Independence
The Agency will determine the highest
Avenue SW, Washington, DC 20250–
ranked responses based on priority
0781. Lender applications must be
criteria and a threshold score.
identified as ‘‘Lender Application—
(1) Lender Certification: The lender
Section 538 Guaranteed Rural Rental
must certify that the lender will make a
Housing Program’’ on the envelope.
loan to the prospective borrower for the
IV. Application and Submission
proposed project, under specified terms
Information
and conditions subject to the issuance of
the GRRHP guarantee. Lender
Responses to this NOSA can be
submitted either electronically using the certification must be on the lender’s
letterhead and signed by both the lender
Section 538 electronic response form
and the prospective borrower.
found at: https://www.rd.usda.gov/
(2) Project Specific Data: The lender
programs-services/multi-familyhousing-loan-guarantees or in hard copy must submit the project specific data
below on the lender’s letterhead, signed
and submitted to the appropriate Rural
by both the lender and the prospective
Development State Office where the
borrower:
project will be located. USDA Rural
a lender’s request to approve the
transfer of property or a change in
composition of the ownership entity.
6. There is no application fee.
7. There is no lender application fee
for lender approval.
8. There is no surcharge for the
guarantee of construction advances.
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Data element
Information that must be included
Lender Name ............................................................................................
Lender Tax ID # .......................................................................................
Lender Contact Name ..............................................................................
Mailing Address ........................................................................................
Phone # ....................................................................................................
Fax # .........................................................................................................
E-mail Address .........................................................................................
Borrower Name and Organization Type ..................................................
Insert the lender’s name.
Insert lender’s tax ID number.
Name of the lender contact for loan.
Lender’s complete mailing address.
Phone number for lender contact.
Insert lender’s fax number.
Insert lender contact e-mail address.
State whether borrower is a Limited Partnership, Corporation, Indian
Tribe, etc.
Optional Completion.
State whether borrower is for profit, not for profit, etc.
Insert borrower’s tax ID number.
Insert DUNS number.
Insert borrower’s address and county.
Insert borrower’s phone number, fax number and e-mail address.
Insert name and title. List the general partners if a limited partnership,
officers if a corporation or members of a Limited Liability Corporation.
Attach relevant information.
Equal Opportunity Survey ........................................................................
Tax Classification Type ............................................................................
Borrower Tax ID # ....................................................................................
Borrower DUNS# ......................................................................................
Borrower Address, including County ........................................................
Borrower Phone #, fax # and e-mail address ..........................................
Principal or Key Member for the Borrower ..............................................
Borrower Information and Statement of Housing Development Experience.
New Construction, Acquisition With Rehabilitation ..................................
Revitalization, Repair, and Transfer (as stipulated in 7 CFR 3560.406)
of Existing Direct Section 515 and Section 514/516 FLH or MPR.
Project Location Town or City ..................................................................
Project County ..........................................................................................
Project State .............................................................................................
Project Zip Code .......................................................................................
Project Congressional District ..................................................................
Project Name ............................................................................................
Project Type .............................................................................................
Property Description and Proposed Development Schedule ...................
Total Project Development Cost ..............................................................
# of Units ..................................................................................................
Ratio of 3–5 bedroom units to total units .................................................
Cost Per Unit ............................................................................................
Rent ..........................................................................................................
Median Income for Community ................................................................
Evidence of Site Control ...........................................................................
Description of Any Environmental Issues ................................................
Loan Amount ............................................................................................
Borrower’s Proposed Equity .....................................................................
Tax Credits ...............................................................................................
Other Sources of Funds ...........................................................................
Loan to Total Development Cost .............................................................
Debt Coverage Ratio ................................................................................
Percentage of Guarantee .........................................................................
Collateral ...................................................................................................
Colonia, Tribal Lands, or State’s Consolidated Plan or State Needs Assessment.
Is the Property Located in a Federally Declared Disaster Area? ............
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Population .................................................................................................
What type of guarantee is being requested, Permanent only (Option 1),
Construction and Permanent (Option 2) or Continuous (Option 3).
Loan Term ................................................................................................
Participation in Energy Efficient Programs ...............................................
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State whether the project is new construction or acquisition with rehabilitation.
Yes or No (Transfer costs, including equity payments, are subject to
Agency approval and must be an eligible use of loan proceeds in 7
CFR 3565.205).
Town or city in which the project is located.
County in which the project is located.
State in which the project is located.
Insert Zip Code where the project is located.
Congressional District for project location.
Insert project name.
Family, senior (all residents 55 years or older), or mixed.
Provide as an attachment.
Enter amount for total project.
Insert the number of units in the project.
Insert percentage of 3–5 bedroom units to total units.
Total development cost divided by number of units.
Proposed rent structure.
Provide median income for the community.
Attach relevant information.
Attach relevant information.
Insert the loan amount.
Insert amount and source.
Have tax credits been awarded?
If tax credits were awarded, submit a copy of the award/evidence of
award with your response.
If not, when do you anticipate an award will be made (announced)?
What is the [estimated] value of the tax credits?
Letters of application and commitment letters should be included, if
available.
List all funding sources other than tax credits and amounts for each
source, type, rates and terms of loans or grant funds.
Guaranteed loan divided by the total development costs of project.
Net Operating Income divided by debt service payments.
Percentage guarantee requested.
Attach relevant information.
Colonia, on an Indian Reservation, or in a place identified in the State’s
Consolidated Plan or State Needs Assessment as a high need community for multi-family housing.
If yes, please provide documentation (i.e., Presidential Declaration document).
Provide the population of the county, city, or town where the project is
or will be located.
Enter the type of guarantee.
Minimum 25-year term.
Maximum 40-year term (includes construction period).
May amortize up to 40 years.
Balloon mortgages permitted after the 25th year.
Initial checklist indicating prerequisites to register for participation in a
particular energy efficient program. All checklists must be accompanied by a signed affidavit by the project architect stating that the
goals are achievable. If property management is certified for green
property management, the certification must be provided.
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(3) The Proposed Borrower
Information:
(a) Lender certification that the
borrower or principals of the owner are
not barred from participating in Federal
housing programs and are not
delinquent on any Federal debt.
(b) Borrower’s unaudited or audited
financial statements.
(c) Statement of borrower’s housing
development experience.
(4) Lender Eligibility and Approval
Status: Evidence that the lender is either
an approved lender for the purposes of
the GRRHP or that the lender is eligible
to apply for approved lender status. The
lender’s application package requesting
approved lender status can be submitted
with the NOSA response. If a lender has
not yet been approved by the Agency
submits a NOSA response and receives
a ‘‘Notice to Proceed with Application
Processing’’ letter from the State Office,
the lender approval application must be
submitted to the National Office within
30 calendar days of the lender’s receipt
of the ‘‘Notice to Proceed with
Application Processing’’ letter. The
Agency will not issue a loan note
guarantee until the lender is approved
by the Agency.
(5) Competitive Criteria: Information
that shows how the proposal is
responsive to the selection criteria
specified in this Notice.
Priority 2—The neediest communities
as determined by the median income
from the most recent census data
published by the United States
Department of Housing and Urban
Development (HUD), will receive
points. The Agency will allocate points
to projects located in communities
having the lowest median income.
Points for median income will be
awarded as follows:
V. Application Review Information
Scoring of Priority Criteria for
Selection: All responses received under
this NOSA will be scored based on the
criteria set forth below to establish their
priority for further processing. Per 7
CFR 3565.5 (b), priority will be given to
projects: In smaller rural communities,
in the most needy communities having
the highest percentage of leveraging,
having the lowest interest rate, or
having the highest ratio of 3–5 bedroom
units to total units. In addition, as
permitted in 7 CFR 3565.5(b), in order
to meet important program goals,
priority points will be given for projects
that include LIHTC funding and projects
that are participating in specified energy
efficient programs.
The eight priority scoring criteria for
projects are listed below.
Priority 1—Projects located in eligible
rural communities with the lowest
populations will receive the highest
points.
Priority 4—Responses that include
equity from low income housing tax
credits will receive an additional 50
points.
Priority 5—The USDA Rural
Development will award points to
projects with the highest ratio of 3–5
bedroom units to total units as follows:
Population size
Points
0–5,000 .....................................
5,001–10,000 people ................
10,001–15,000 people ..............
15,001–20,000 people ..............
20,001–35,000 people ..............
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14:27 Mar 11, 2016
30
15
10
5
0
Jkt 238001
Median income
(dollars)
Points
Less than $45,000 ....................
$45,000—less than $55,000 ....
$55,000—less than $65,000 ....
$65,000—less than $75,000 ....
$75,000 or more .......................
20
15
10
5
0
Priority 3—Projects that demonstrate
partnering and leveraging in order to
develop the maximum number of units
and promote partnerships with State
and local communities will also receive
points. Points will be awarded as
follows:
Loan to total development cost
ratio
(percentage %)
Points
Less than 25 .............................
Less than 50 to 25 ...................
Less than 70 to 50 ...................
70 or more ................................
Ratio of 3–5 bedroom units
to total units
60
30
10
0
Points
More than 50% .........................
21%–50% .................................
Less than 21%—more than 0%
10
5
1
Priority 6—Responses for the
revitalization, repair, and transfer (as
stipulated in 7 CFR 3560.406) of
existing direct Section 515 and Section
514/516 FLH and properties involved in
the Agency’s MPR program (transfer
costs, including equity payments, are
subject to Agency approval and must be
an eligible use of loan proceeds listed in
7 CFR 3565.205) will receive an
additional 10 points. If the transfer of
existing Section 515 and Section 514/
516 FLH properties includes equity
payments, 0 points will be awarded.
Priority 7—Energy Efficiency
(A) Projects that are energy-efficient
and registered for participation in the
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13315
following programs will receive points
as indicated up to a maximum of 25
points. Each program 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 stating that the
goals are achievable. Points will be
awarded for the listed programs as
follows. Because Energy Star for Homes
is a requirement within other programs
such as LEED and Green Communities,
points will only be awarded separately
for Energy Star for Homes if it is the
only program in which the project is
enrolled, excluding local programs that
do not require participation in Energy
Star for Homes:
• Energy Star for Homes—5 points;
• Green Communities by the
Enterprise Community Partners
(www.enterprisefoundation.org)—10
points;
• LEED for Homes program by the
U.S. Green Building Council (USGBC)
(www.usgbc.org)—Certified (10 points),
Silver (12 points), Gold (15 points), or
Platinum (25 points);
• Home Innovation’s National Green
Building StandardTM (NGBS)
certification program
(www.homeinnovation.com/green)—
Bronze (10 points), Silver (12 points),
Gold (15 points), or Emerald (25 points);
or
• A State or local green building
program—2 points
(B) Projects that will be managed by
a property management company that
are certified green property management
companies will receive 5 points.
Applicants must provide proof of
certification. Certification may be
achieved through one of the following
programs:
• National Apartment Association,
Credential for Green Property
Management (CGPM); www.naahq.org/
EDUCATION/
DESIGNATIONPROGRAMS/OTHER/
Pages/default.aspx;
• National Affordable Housing
Management Association (NAHMA),
Credential for Green Property
Management (CGPM); www.nahma.org/
content/greencred.html; or
• U.S. Green Building Council
(USGBC), Green Building Certification
Institute (GBCI) LEED AP (any
discipline) or LEED Green Associate;
www.gbci.org.
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jstallworth on DSK7TPTVN1PROD with NOTICES
(C) Energy Generation (maximum 5
points). Pre-applications for new
construction or purchase and
rehabilitation of non-program multifamily projects which participate in the
Energy Star for Homes V3 Program,
Green Communities, LEED for Homes or
NAHB’s National Green Building
Standard (ICC–700) 2008, receive at
least 8 points for Energy Conservation
measures (if limited rehabilitation only)
in the point allocations above are
eligible to earn additional points for
installation of on-site renewable energy
sources. In order to receive more than 1
point for this energy generation section,
an accurate energy analysis prepared by
an engineer will need to be submitted
with the pre-application. Energy
analysis of preliminary building plans
using industry-recognized simulation
software must document the projected
total energy consumption of the
building, the portion of the building
consumption which will be satisfied
through on-site generation and the
building’s Home Energy Rating System
(HERS) score.
Projects with an energy analysis of the
preliminary or rehabilitation building
plans that 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) will be
awarded points 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.
Priority 8—Promise Zones/Persistent
Poverty Areas
Additional 10 points will be awarded
to projects located in Promise Zones
and/or persistent poverty counties. A
county is considered persistently poor if
20 percent or more of its population was
living in poverty over the last 30 years
(measured by the 1980, 1990, and 2000
decennial censuses and 2007–2011
American Community Survey 5-year
estimates), as determined by the
Agency.
Notifications: Responses will be
reviewed for completeness and
eligibility. The Agency will notify those
lenders whose responses are selected
via a Notice to Proceed with
Application Processing letter. The
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14:27 Mar 11, 2016
Jkt 238001
Agency will request lenders without
GRRHP lender approval to apply for
GRRHP lender approval within 30 days
upon receipt of notification of selection.
Lenders will also be invited to submit
a complete application to the USDA
Rural Development State Office where
the project is located.
Submission of GRRHP Applications:
Notification letters will instruct lenders
to contact the USDA Rural Development
State Office immediately following
notification of selection to schedule
required agency reviews.
USDA Rural Development State Office
staff will work with lenders in the
development of an application package.
The deadline for the submission of a
complete application is 90 calendar
days from the date of notification of
response selection. If the application is
not received by the appropriate State
Office within 90 calendar days from the
date of notification, the selection is
subject to cancellation, thereby allowing
another response that is ready to
proceed with processing to be selected.
The Agency may extend this 90 day
deadline for receipt of an application at
its own discretion.
VI. Award Administration Information
Obligation of Program Funds: The
Agency will only obligate funds to
projects that meet the requirements for
obligation under 7 CFR part 3565 and
this NOSA, including having undergone
a satisfactory environmental review in
accordance with the National
Environmental Protection Act (NEPA)
and completed Form RD 3565–1 for the
selected project.
The Agency will prioritize the
obligation requests using the highest
score and the procedures outlined as
follows. The Agency will select the
responses that meet eligibility criteria
and invite lenders to submit complete
applications to the Agency. Once a
complete application is received and
approved, the Agency’s State Office will
submit a request to obligate funds to the
Agency’s National Office. Starting on
the Friday following the date the NOSA
is published; obligation requests
submitted to the National Office will be
accumulated, but not obligated
throughout the week until midnight
Eastern Time every Thursday. To the
extent that funds remain available, the
Agency will obligate the requests
accumulated through the weekly request
deadline of the previous week by the
following Tuesday (i.e., requests
received from Friday, May 13, 2016, to
Thursday, May 19, 2016, will be
obligated by Tuesday, May 24, 2016). In
the event of a tie, priority will be given
to the request for the project that: 1st—
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Frm 00007
Fmt 4703
Sfmt 4703
has the highest percentage of leveraging
(lowest Loan to Cost) and in the event
there is still a tie;—is in the smaller
rural community.
Conditional Commitment: Once the
required documents for obligation are
received and all NEPA and regulatory
requirements have been met, the USDA
Rural Development State Office will
issue a conditional commitment, which
stipulates the conditions that must be
fulfilled before the issuance of a
guarantee, in accordance with 7 CFR
3565.303.
Issuance of Guarantee: The USDA
Rural Development Office will issue a
guarantee to the lender for a project in
accordance with 7 CFR 3565.303. No
guarantee can be issued without a
complete application, review of
appropriate certifications, satisfactory
assessment of the appropriate level of
environmental review, and the
completion of any conditional
requirements.
Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, offices, employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, familial/
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.ascr.usda.gov/complaint_filing_
cust.html and at any USDA office or
write a letter addressed to USDA and
provide in the letter all of the
information requested in the form. To
request a copy of the complaint form,
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Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
call (866) 632–9992, submit your
completed form or letter to USDA by:
Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for
Civil Rights, 1400 Independence
Avenue SW., Washington, DC 20250–
9410; Fax: (202) 690–7442; or, email:
program.intake@usda.gov., USDA is an
equal opportunity provider, employer,
and lender.
Dated: March 3, 2016.
Tony Hernandez,
Administrator, Housing and Community
Facilities Programs.
[FR Doc. 2016–05610 Filed 3–11–16; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Telecommunications Program: Notice
of Availability of a Programmatic
Environmental Assessment
Rural Utilities Service, USDA.
Notice of Availability of a
Programmatic Environmental
Assessment of USDA Rural Utilities
Service’s Financial Support for
Deployment of the Telecommunications
Programs to Rural America.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS, Agency), an agency of the United
States Department of Agriculture, issued
a Programmatic Environmental
Assessment (PEA) for the development
of a more efficient and effective
environmental review process for the
RUS Telecommunications Program on
March 1, 2016. The Notice of
Availability of a Programmatic
Environmental Assessment was
published on March 2, 2016, in the
Federal Register at 81 FR 10575. The
PEA provides a broad environmental
analysis of the Agency’s preliminary
decisions and includes a tiered, sitespecific analysis at the project level that
would be completed before Agency
dispersal of funds and/or applicant
construction. Since publication of the
Agency’s Environmental Policies and
Procedures (7 CFR part 1970) in the
Federal Register (81 FR 11000) on
March 2, 2016, RUS has updated the
PEA with citations to the Agency’s new
environmental rule. These changes are
administrative and not substantive,
therefore supplementation of the PEA is
not required.
DATES: Written comments on the PEA
must be received on or before March 31,
2016.
ADDRESSES: Please submit written
comments by physical mail or electronic
mail to: Mr. Richard Fristik, Senior
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:27 Mar 11, 2016
Jkt 238001
Environmental Protection Specialist,
Water and Environmental Programs/
Engineering and Environmental Staff,
Rural Utilities Service, 1400
Independence Ave. SW., Mail Stop
1571, Room 2240, Washington, DC
20250, fax: (202) 690–0649, or email:
Richard.Fristik@wdc.usda.gov.
To obtain copies of the PEA or for
further information, contact: Mr.
Richard Fristik at the contact
information provided in this Notice. A
copy of the PEA is available for
downloading through the Rural
Development homepage at: https://
www.rd.usda.gov/publications/
environmental-studies/assessments/
programmatic-environmentalassessment. Additional information
about the Agency and its programs is
available on the Internet at https://
www.rd.usda.gov/.
FOR FURTHER INFORMATION CONTACT: For
information on the PEA, please contact
Mr. Richard Fristik, Senior
Environmental Protection Specialist,
Water and Environmental Programs/
Engineering and Environmental Staff,
Rural Utilities Service, 1400
Independence Ave. SW., Mail Stop
1571, Room 2240, Washington, DC
20250, telephone: (202) 720–5093, fax:
(202) 690–0649, or email:
Richard.Fristik@wdc.usda.gov. Parties
wishing to be placed on the PEA’s
mailing list for future information and
to receive copies of the PEA should also
contact Mr. Fristik.
SUPPLEMENTARY INFORMATION: RUS
issued a PEA for the development of a
more efficient and effective
environmental review process for its
Telecommunications Program on March
1, 2016. The PEA provides a broad
environmental analysis of the Agency’s
preliminary decisions and includes a
tiered, site-specific analysis at the
project level that would be completed
before Agency dispersal of funds and/or
applicant construction. Since
publication of the Agency’s
Environmental Policies and Procedures
(7 CFR part 1970) on March 2, 2016,
RUS has updated the PEA with citations
to the Agency’s new environmental rule.
These changes are administrative and
not substantive, therefore
supplementation of the PEA is not
required.
The RUS Telecommunications
Program provides a variety of loans and
grants to build and expand broadband
networks in rural America. Loans to
build broadband networks and deliver
service to households and businesses in
rural communities provide a necessary
source of capital for rural
telecommunications companies. Grant
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Sfmt 4703
13317
funding is awarded based on a number
of factors relating to the benefits to be
derived from the proposed broadband
network project, as specified in
applicable program regulations.
Eligible applicants for RUS loans and
grants include for-profit and non-profit
entities, tribes, municipalities, and
cooperatives. The Agency particularly
encourages investment in tribal and
economically disadvantaged areas.
Through low-cost funding for
telecommunications infrastructure, rural
residents can have access to services
that will close the digital divide
between rural and urban communities.
Once funds are awarded, RUS monitors
the projects to make sure they are
completed in accordance with program
conditions and requirements.
The application process for requesting
financial assistance for the various
Telecommunications programs varies
slightly from a competitive grant
program, individual project proposals,
or multi-year ‘‘loan design’’
applications. The Agency seeks to
synchronize and create environmental
review efficiencies for future projectlevel environmental review compliance
for the various programs, commensurate
with the potential environmental
impacts. The Agency also seeks to
establish proper sequencing of certain
agency preliminary decisions (i.e.,
obligation of funds and/or approval of
interim financing requests) with
subsequent tiered, site-specific project
environmental reviews.
The PEA is intended to expedite the
funding, deployment, and expansion of
broadband infrastructure in rural
America. The PEA includes detailed
descriptions and analyses of the direct,
indirect, and cumulative impacts
associated with broadband
infrastructure technologies and
construction methods, such as impacts
to water resources, terrestrial resources,
historic and cultural resources, air and
climate resources, noise, threatened and
endangered species, electromagnetic
radiation, and Environmental Justice
issues. Use of the PEA analyses thereby
saves project-level processing time,
ensuring consistent and accurate
environmental evaluations while
avoiding unnecessary duplication and
repetition in project-level planning and
evaluation. Use of the PEA enables
project-level compliance with the
National Environmental Policy Act
(NEPA), the Endangered Species Act
(ESA), the National Historic
Preservation Act (NHPA), and other
requirements to focus on the remaining
relevant site-specific issues, expediting
planning, analysis, compliance,
E:\FR\FM\14MRN1.SGM
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Agencies
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13311-13317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05610]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Solicitation of Applications for Loan Guarantees Under
the Section 538 Guaranteed Rural Rental Housing Program for Fiscal Year
2016
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS), an agency within Rural
Development, announces that it is soliciting competitive applications
under its Section 538 Guaranteed Rural Rental Housing Program (GRRHP)
pursuant to 7 CFR 3565.4 for Fiscal Year (FY) 2016. The Consolidated
Appropriations Act, 2016, Public Law 114-113 (December 18, 2015)
appropriated $150 million for FY 2016. The commitment of program
dollars will be made first to approved and complete applications from
prior years' notices, then to applicants of selected responses in the
order they are ranked under this Notice that have fulfilled the
necessary requirements for obligation. Successful applications will be
selected by the Agency for funding and subsequently awarded to the
extent that funding may ultimately be made available to the Agency
through appropriations.
Expenses incurred in developing applications will be at the
applicant's risk. The following paragraphs outline the timeframes,
eligibility requirements, lender responsibilities, and the overall
response and application processes.
Eligible lenders are invited to submit responses for new
construction and acquisition with rehabilitation of affordable rural
rental housing. The Agency will review responses submitted by eligible
lenders, on the lender's letterhead, and signed by both the prospective
borrower and lender. Although a complete application is not required in
response to this Notice, eligible lenders may submit a complete
application concurrently with the response. Submitting a complete
application will not have any effect on the respondent's response
score.
DATES: Eligible responses to this Notice will be accepted until
December 31, 2017, 12:00 p.m. Eastern Time. Selected
[[Page 13312]]
responses that develop into complete applications and meet all Federal
eligibility requirements prior to September 30, 2016, will receive
conditional commitments until all FY 2016 funds are expended. Selected
responses to this Notice that are deemed eligible for further
processing after September 30, 2016, will be funded to the extent an
appropriations act provides sufficient funding in the fiscal year the
response is selected. Responses are subject to the fee structure in
effect in the fiscal year they are selected for funding, for example, a
response that receives a Notice to Proceed Letter in FY 2015 will be
subject to all fees in effect in FY 2015.
Eligible lenders mailing a response or application must provide
sufficient time to permit delivery to the appropriate submission
address below on or before the closing deadline date and time.
Acceptance by a U.S. Post Office or private mailer does not constitute
delivery. Postage due responses and applications will not be accepted.
Submission Address: Eligible lenders will send responses to the
Multi-Family Housing Program Director of the State Office where the
project will be located. USDA Rural Development State Offices, their
addresses, and telephone numbers, may be found at https://www.rd.usda.gov/contact-us/state-offices.
Note: Telephone numbers listed there are not toll-free.
FOR FURTHER INFORMATION CONTACT: Tammy Daniels, Financial and Loan
Analyst, USDA Rural Development Guaranteed Rural Rental Housing
Program, Multi-Family Housing Guaranteed Loan Division, U.S. Department
of Agriculture, South Agriculture Building, Room 1263-S, STOP 0781,
1400 Independence Avenue SW., Washington, DC 20250-0781 or email:
tammy.daniels@wdc.usda.gov. Telephone: (202) 720-0021. This number is
not toll-free. Hearing or speech-impaired persons may access that
number by calling the Federal Information Relay Service toll-free at
(800) 877-8339.
Overview
Federal Agency: Rural Housing Service
Solicitation Opportunity Title: Guaranteed Multi-Family Housing Loans
Announcement Type: Initial Solicitation Announcement
Catalog of Federal Domestic Assistance: 10.438
Dates: Response Deadline: December 31, 2017, 12:00 p.m. Eastern Time
I. Funding Opportunity Description
The GRRHP is authorized by Section 538 of the Housing Act of 1949,
as amended (42 U.S.C. 1490p-2) and operates under 7 CFR part 3565. The
purpose of the GRRHP is to increase the supply of affordable rural
rental housing through the use of loan guarantees that encourage
partnerships between the Agency, private lenders, and public agencies.
Eligibility of Prior Year Selected Responses: Prior fiscal year
response selections that did not develop into complete applications
within the time constraints stipulated by the corresponding State
Office have been cancelled. Applicants have been notified of the
cancellation by the State Office. A new response for the project may be
submitted subject to the conditions of this Notice.
Prior years' responses that were selected by the Agency, with a
complete application submitted by the lender within 90 days from the
date of notification of response selection (unless an extension was
granted by the Agency), will be eligible for FY 2016 program dollars
without having to complete a FY 2016 response. A complete application
includes all Federal environmental documents required by 7 CFR part
1940, subpart G, and a Form RD 3565-1, ``Application for Loan and
Guarantee.'' Any approved applications originating from FY 2015 and
previous fiscal years (outstanding prior years approved applications)
that are obligated between January 2, 2016, and December 31, 2017,
however, are subject to the fees in the ``PROGRAM FEES'' section in
this Notice. Outstanding prior years approved applications will be
obligated to the extent of available funding in order of priority score
with the highest scores obligated first. The scores the applications
received under the Notice the year the application was submitted will
be used for the ranking. In the case of tied scores, the project with
the greatest leveraging (lowest loan to cost ratio) will receive
selection priority. Once the outstanding prior years approved
applications have been funded, the Agency will select FY 2016 responses
for further processing in rank order as determined by the scoring
criteria set forth in this Notice to the extent that funds remain
available.
II. Award Information
Anyone interested in submitting an application for funding under
this program is encouraged to consult the Rural Development Web site
https://www.rd.usda.gov/programs-services/multi-family-housing-loan-guarantees periodically for updated information regarding the status of
funding authorized for this program.
Qualifying Properties: Qualifying properties include new
construction for multi-family housing units and the acquisition of
existing structures with a minimum per unit rehabilitation expenditure
requirement in accordance with 7 CFR 3565.252. The Agency does not
finance acquisition only deals.
Also eligible is the revitalization, repair, and transfer (as
stipulated in 7 CFR 3560.406) of existing direct Section 515 housing
and Section 514/516 Farm Labor Housing (FLH) (transfer costs are
subject to Agency approval and must be an eligible use of loan proceeds
as listed in 7 CFR 3565.205), and properties involved in the Agency's
Multifamily Preservation and Revitalization (MPR) program. Equity
payment, as stipulated in 7 CFR 3560.406, in the transfer of existing
direct Section 515 and Section 514/516 FLH, is an eligible use of
guaranteed loan proceeds. In order to be considered, the transfer of
Section 515 and Section 514/516 FLH and MPR projects must need repairs
and undergo revitalization of a minimum of $6,500 per unit.
Eligible Financing Sources: Any form of Federal, State, and
conventional sources of financing can be used in conjunction with the
loan guarantee, including Home Investment Partnerships Program (HOME)
grant funds, tax exempt bonds, and Low Income Housing Tax Credits
(LIHTC).
Types of Guarantees: The Agency offers three types of guarantees
which are set forth at 7 CFR 3565.52(c). The Agency's liability under
any guarantee will decrease or increase, in proportion to any decrease
or increase in the amount of the unpaid portion of the loan, up to the
maximum amount specified in the Loan Note Guarantee. Penalties incurred
as a result of default are not covered by any of the program's
guarantees. The Agency may provide a lesser guarantee based upon its
evaluation of the credit quality of the loan.
Energy Conservation: All new multi-family housing projects financed
in whole or in part by the USDA, are encouraged to engage in
sustainable building development that emphasizes energy-efficiency and
conservation. In order to assist in the achievement of this goal, any
GRRHP project that participates in one or all of the programs included
in priority 7 under the ``Scoring of Priority Criteria for Selection of
Projects'' section of this Notice may receive a maximum of 25
additional points added to their project
[[Page 13313]]
score. Participation in these nationwide initiatives is voluntary, but
strongly encouraged.
Interest Credit: There will be no interest credit.
Program Fees: The Consolidated Appropriations Act, 2016, Public Law
114-113 (December 18, 2015) continued the provision ``That to support
the loan program level for Section 538 guaranteed loans made available
under this heading the Secretary may charge or adjust any fees to cover
the projected cost of such loan guarantees pursuant to the provisions
of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq), and the
interest on such loans may not be subsidized.'' The following fees have
been determined necessary to cover the projected cost of such loan
guarantees. These fees may be adjusted in future years to cover the
projected costs of loan guarantees in those future years or additional
fees may be charged. These fees are also applicable to all outstanding
prior years' responses funded with funds under this NOSA. The fees are
as follows:
1. Initial guarantee fee. The Agency will charge an initial
guarantee fee equal to 1 percent of the guarantee principal amount. For
purposes of calculating this fee, the guarantee amount is the product
of the percentage of the guarantee times the initial principal amount
of the guaranteed loan.
2. Annual guarantee fee. An annual guarantee fee of 50 basis points
(1/2 percent) of the outstanding principal amount of the loan as of
December 31 will be charged each year or portion of a year that the
guarantee is outstanding.
3. As permitted under 7 CFR 3565.302(b)(5), there is a non-
refundable service fee of $1,500 for the review and approval of a
lender's first request to extend the term of a guarantee commitment
beyond its original expiration (the request must be received by the
Agency prior to the commitment's expiration). For any subsequent
extension request, the fee will be $2,500.
4. As permitted under 7 CFR 3565.302(b)(5), there is a non-
refundable service fee of $3,500 for the review and approval of a
lender's first request to reopen an application when a commitment has
expired. For any subsequent extension request to reopen an application
after the commitment has expired, the fee will be $3,500.
5. As permitted under 7 CFR 3565.302(b)(4), there is a non-
refundable service fee of $1,500 in connection with a lender's request
to approve the transfer of property or a change in composition of the
ownership entity.
6. There is no application fee.
7. There is no lender application fee for lender approval.
8. There is no surcharge for the guarantee of construction
advances.
III. Eligibility Information
Eligible Lenders: An eligible lender for the Section 538 GRRHP as
required by 7 CFR 3565.102 must be a licensed business entity or
Housing Finance Agency (HFA) in good standing in the State or States
where it conducts business. Lender eligibility requirements are
contained in 7 CFR 3565.102. Please review that section for a complete
list of all of the criteria. The Agency will only accept responses from
GRRHP eligible or approved lenders as described in 7 CFR 3565.102 and
3565.103 respectively.
Lenders whose responses are selected will be notified by the Agency
to submit a request for GRRHP lender approval within 30 days of
notification. Lenders who request GRRHP approval must meet the
standards in 7 CFR 3565.103.
Lenders that have received GRRHP lender approval that remain in
good standing in accordance with 7 CFR 3565.105, do not need to reapply
for GRRHP lender approval. A lender making a construction loan must
demonstrate an ability to originate and service construction loans, in
addition to meeting the other requirements of 7 CFR part 3565, subpart
C.
Submission of Documentation for GRRHP Lender Approval: All lenders
that have not yet received GRRHP lender approval must submit a complete
lender application to: Director, Multi-Family Housing Guaranteed Loan
Division, Rural Development, U.S. Department of Agriculture, Room 1263-
S, STOP 0781, 1400 Independence Avenue SW, Washington, DC 20250-0781.
Lender applications must be identified as ``Lender Application--Section
538 Guaranteed Rural Rental Housing Program'' on the envelope.
IV. Application and Submission Information
Responses to this NOSA can be submitted either electronically using
the Section 538 electronic response form found at: https://www.rd.usda.gov/programs-services/multi-family-housing-loan-guarantees
or in hard copy and submitted to the appropriate Rural Development
State Office where the project will be located. USDA Rural Development
State Offices, their addresses, and telephone numbers may be found at
https://www.rd.usda.gov/contact-us/state-offices. Note: Telephone
numbers listed are not toll-free. Applicants are strongly encouraged,
but not required, to submit the NOSA response electronically.
The electronic form contains a button labeled ``Send Form.'' By
clicking on the button, the applicant will see an email message window
with an attachment that includes the electronic form the applicant
filled out as a data file with an .fdf extension. In addition, an auto-
reply acknowledgement will be sent to the applicant when the electronic
NOSA Response form is received by the Agency unless the sender has
software that will block the receipt of the auto-reply email. The State
Office will record NOSA responses received electronically by the actual
date and time when all attachments are received at the State Office.
Submission of the electronic Section 538 NOSA response form does
not constitute submission of the entire application package which
requires additional forms and supporting documentation.
Content of Responses: All responses require lender information and
project specific data as set out in this Notice. Incomplete responses
will not be considered for funding. Lenders will be notified of
incomplete responses no later than 30 calendar days from the date of
receipt of the response by the Agency. Complete responses are to
include a signed cover letter from the lender, on the lender's
letterhead. The lender must provide the requested information
concerning the project, to establish the purpose of the proposed
project, its location, and how it meets the established priorities for
funding. The Agency will determine the highest ranked responses based
on priority criteria and a threshold score.
(1) Lender Certification: The lender must certify that the lender
will make a loan to the prospective borrower for the proposed project,
under specified terms and conditions subject to the issuance of the
GRRHP guarantee. Lender certification must be on the lender's
letterhead and signed by both the lender and the prospective borrower.
(2) Project Specific Data: The lender must submit the project
specific data below on the lender's letterhead, signed by both the
lender and the prospective borrower:
[[Page 13314]]
------------------------------------------------------------------------
Information that must be
Data element included
------------------------------------------------------------------------
Lender Name............................ Insert the lender's name.
Lender Tax ID #........................ Insert lender's tax ID number.
Lender Contact Name.................... Name of the lender contact for
loan.
Mailing Address........................ Lender's complete mailing
address.
Phone #................................ Phone number for lender
contact.
Fax #.................................. Insert lender's fax number.
E-mail Address......................... Insert lender contact e-mail
address.
Borrower Name and Organization Type.... State whether borrower is a
Limited Partnership,
Corporation, Indian Tribe,
etc.
Equal Opportunity Survey............... Optional Completion.
Tax Classification Type................ State whether borrower is for
profit, not for profit, etc.
Borrower Tax ID #...................... Insert borrower's tax ID
number.
Borrower DUNS#......................... Insert DUNS number.
Borrower Address, including County..... Insert borrower's address and
county.
Borrower Phone #, fax # and e-mail Insert borrower's phone number,
address. fax number and e-mail address.
Principal or Key Member for the Insert name and title. List the
Borrower. general partners if a limited
partnership, officers if a
corporation or members of a
Limited Liability Corporation.
Borrower Information and Statement of Attach relevant information.
Housing Development Experience.
New Construction, Acquisition With State whether the project is
Rehabilitation. new construction or
acquisition with
rehabilitation.
Revitalization, Repair, and Transfer Yes or No (Transfer costs,
(as stipulated in 7 CFR 3560.406) of including equity payments, are
Existing Direct Section 515 and subject to Agency approval and
Section 514/516 FLH or MPR. must be an eligible use of
loan proceeds in 7 CFR
3565.205).
Project Location Town or City.......... Town or city in which the
project is located.
Project County......................... County in which the project is
located.
Project State.......................... State in which the project is
located.
Project Zip Code....................... Insert Zip Code where the
project is located.
Project Congressional District......... Congressional District for
project location.
Project Name........................... Insert project name.
Project Type........................... Family, senior (all residents
55 years or older), or mixed.
Property Description and Proposed Provide as an attachment.
Development Schedule.
Total Project Development Cost......... Enter amount for total project.
# of Units............................. Insert the number of units in
the project.
Ratio of 3-5 bedroom units to total Insert percentage of 3-5
units. bedroom units to total units.
Cost Per Unit.......................... Total development cost divided
by number of units.
Rent................................... Proposed rent structure.
Median Income for Community............ Provide median income for the
community.
Evidence of Site Control............... Attach relevant information.
Description of Any Environmental Issues Attach relevant information.
Loan Amount............................ Insert the loan amount.
Borrower's Proposed Equity............. Insert amount and source.
Tax Credits............................ Have tax credits been awarded?
If tax credits were awarded,
submit a copy of the award/
evidence of award with your
response.
If not, when do you anticipate
an award will be made
(announced)?
What is the [estimated] value
of the tax credits?
Letters of application and
commitment letters should be
included, if available.
Other Sources of Funds................. List all funding sources other
than tax credits and amounts
for each source, type, rates
and terms of loans or grant
funds.
Loan to Total Development Cost......... Guaranteed loan divided by the
total development costs of
project.
Debt Coverage Ratio.................... Net Operating Income divided by
debt service payments.
Percentage of Guarantee................ Percentage guarantee requested.
Collateral............................. Attach relevant information.
Colonia, Tribal Lands, or State's Colonia, on an Indian
Consolidated Plan or State Needs Reservation, or in a place
Assessment. identified in the State's
Consolidated Plan or State
Needs Assessment as a high
need community for multi-
family housing.
Is the Property Located in a Federally If yes, please provide
Declared Disaster Area?. documentation (i.e.,
Presidential Declaration
document).
Population............................. Provide the population of the
county, city, or town where
the project is or will be
located.
What type of guarantee is being Enter the type of guarantee.
requested, Permanent only (Option 1),
Construction and Permanent (Option 2)
or Continuous (Option 3).
Loan Term.............................. Minimum 25-year term.
Maximum 40-year term (includes
construction period).
May amortize up to 40 years.
Balloon mortgages permitted
after the 25th year.
Participation in Energy Efficient Initial checklist indicating
Programs. prerequisites to register for
participation in a particular
energy efficient program. All
checklists must be accompanied
by a signed affidavit by the
project architect stating that
the goals are achievable. If
property management is
certified for green property
management, the certification
must be provided.
------------------------------------------------------------------------
[[Page 13315]]
(3) The Proposed Borrower Information:
(a) Lender certification that the borrower or principals of the
owner are not barred from participating in Federal housing programs and
are not delinquent on any Federal debt.
(b) Borrower's unaudited or audited financial statements.
(c) Statement of borrower's housing development experience.
(4) Lender Eligibility and Approval Status: Evidence that the
lender is either an approved lender for the purposes of the GRRHP or
that the lender is eligible to apply for approved lender status. The
lender's application package requesting approved lender status can be
submitted with the NOSA response. If a lender has not yet been approved
by the Agency submits a NOSA response and receives a ``Notice to
Proceed with Application Processing'' letter from the State Office, the
lender approval application must be submitted to the National Office
within 30 calendar days of the lender's receipt of the ``Notice to
Proceed with Application Processing'' letter. The Agency will not issue
a loan note guarantee until the lender is approved by the Agency.
(5) Competitive Criteria: Information that shows how the proposal
is responsive to the selection criteria specified in this Notice.
V. Application Review Information
Scoring of Priority Criteria for Selection: All responses received
under this NOSA will be scored based on the criteria set forth below to
establish their priority for further processing. Per 7 CFR 3565.5 (b),
priority will be given to projects: In smaller rural communities, in
the most needy communities having the highest percentage of leveraging,
having the lowest interest rate, or having the highest ratio of 3-5
bedroom units to total units. In addition, as permitted in 7 CFR
3565.5(b), in order to meet important program goals, priority points
will be given for projects that include LIHTC funding and projects that
are participating in specified energy efficient programs.
The eight priority scoring criteria for projects are listed below.
Priority 1--Projects located in eligible rural communities with the
lowest populations will receive the highest points.
------------------------------------------------------------------------
Population size Points
------------------------------------------------------------------------
0-5,000.................................................... 30
5,001-10,000 people........................................ 15
10,001-15,000 people....................................... 10
15,001-20,000 people....................................... 5
20,001-35,000 people....................................... 0
------------------------------------------------------------------------
Priority 2--The neediest communities as determined by the median
income from the most recent census data published by the United States
Department of Housing and Urban Development (HUD), will receive points.
The Agency will allocate points to projects located in communities
having the lowest median income. Points for median income will be
awarded as follows:
------------------------------------------------------------------------
Median income (dollars) Points
------------------------------------------------------------------------
Less than $45,000.......................................... 20
$45,000--less than $55,000................................. 15
$55,000--less than $65,000................................. 10
$65,000--less than $75,000................................. 5
$75,000 or more............................................ 0
------------------------------------------------------------------------
Priority 3--Projects that demonstrate partnering and leveraging in
order to develop the maximum number of units and promote partnerships
with State and local communities will also receive points. Points will
be awarded as follows:
------------------------------------------------------------------------
Loan to total development cost ratio (percentage %) Points
------------------------------------------------------------------------
Less than 25............................................... 60
Less than 50 to 25......................................... 30
Less than 70 to 50......................................... 10
70 or more................................................. 0
------------------------------------------------------------------------
Priority 4--Responses that include equity from low income housing
tax credits will receive an additional 50 points.
Priority 5--The USDA Rural Development will award points to
projects with the highest ratio of 3-5 bedroom units to total units as
follows:
------------------------------------------------------------------------
Ratio of 3-5 bedroom units to total units Points
------------------------------------------------------------------------
More than 50%.............................................. 10
21%-50%.................................................... 5
Less than 21%--more than 0%................................ 1
------------------------------------------------------------------------
Priority 6--Responses for the revitalization, repair, and transfer
(as stipulated in 7 CFR 3560.406) of existing direct Section 515 and
Section 514/516 FLH and properties involved in the Agency's MPR program
(transfer costs, including equity payments, are subject to Agency
approval and must be an eligible use of loan proceeds listed in 7 CFR
3565.205) will receive an additional 10 points. If the transfer of
existing Section 515 and Section 514/516 FLH properties includes equity
payments, 0 points will be awarded.
Priority 7--Energy Efficiency
(A) Projects that are energy-efficient and registered for
participation in the following programs will receive points as
indicated up to a maximum of 25 points. Each program 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 stating that the goals are
achievable. Points will be awarded for the listed programs as follows.
Because Energy Star for Homes is a requirement within other programs
such as LEED and Green Communities, points will only be awarded
separately for Energy Star for Homes if it is the only program in which
the project is enrolled, excluding local programs that do not require
participation in Energy Star for Homes:
Energy Star for Homes--5 points;
Green Communities by the Enterprise Community Partners
(www.enterprisefoundation.org)--10 points;
LEED for Homes program by the U.S. Green Building Council
(USGBC) (www.usgbc.org)--Certified (10 points), Silver (12 points),
Gold (15 points), or Platinum (25 points);
Home Innovation's National Green Building StandardTM
(NGBS) certification program (www.homeinnovation.com/green)--Bronze (10
points), Silver (12 points), Gold (15 points), or Emerald (25 points);
or
A State or local green building program--2 points
(B) Projects that will be managed by a property management company
that are certified green property management companies will receive 5
points. Applicants must provide proof of certification. Certification
may be achieved through one of the following programs:
National Apartment Association, Credential for Green
Property Management (CGPM); www.naahq.org/EDUCATION/DESIGNATIONPROGRAMS/OTHER/Pages/default.aspx;
National Affordable Housing Management Association
(NAHMA), Credential for Green Property Management (CGPM);
www.nahma.org/content/greencred.html; or
U.S. Green Building Council (USGBC), Green Building
Certification Institute (GBCI) LEED AP (any discipline) or LEED Green
Associate; www.gbci.org.
[[Page 13316]]
(C) Energy Generation (maximum 5 points). Pre-applications for new
construction or purchase and rehabilitation of non-program multi-family
projects which participate in the Energy Star for Homes V3 Program,
Green Communities, LEED for Homes or NAHB's National Green Building
Standard (ICC-700) 2008, receive at least 8 points for Energy
Conservation measures (if limited rehabilitation only) in the point
allocations above are eligible to earn additional points for
installation of on-site renewable energy sources. In order to receive
more than 1 point for this energy generation section, an accurate
energy analysis prepared by an engineer will need to be submitted with
the pre-application. Energy analysis of preliminary building plans
using industry-recognized simulation software must document the
projected total energy consumption of the building, the portion of the
building consumption which will be satisfied through on-site generation
and the building's Home Energy Rating System (HERS) score.
Projects with an energy analysis of the preliminary or
rehabilitation building plans that 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) will be awarded points 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.
Priority 8--Promise Zones/Persistent Poverty Areas
Additional 10 points will be awarded to projects located in Promise
Zones and/or persistent poverty counties. A county is considered
persistently poor if 20 percent or more of its population was living in
poverty over the last 30 years (measured by the 1980, 1990, and 2000
decennial censuses and 2007-2011 American Community Survey 5-year
estimates), as determined by the Agency.
Notifications: Responses will be reviewed for completeness and
eligibility. The Agency will notify those lenders whose responses are
selected via a Notice to Proceed with Application Processing letter.
The Agency will request lenders without GRRHP lender approval to apply
for GRRHP lender approval within 30 days upon receipt of notification
of selection.
Lenders will also be invited to submit a complete application to
the USDA Rural Development State Office where the project is located.
Submission of GRRHP Applications: Notification letters will
instruct lenders to contact the USDA Rural Development State Office
immediately following notification of selection to schedule required
agency reviews.
USDA Rural Development State Office staff will work with lenders in
the development of an application package. The deadline for the
submission of a complete application is 90 calendar days from the date
of notification of response selection. If the application is not
received by the appropriate State Office within 90 calendar days from
the date of notification, the selection is subject to cancellation,
thereby allowing another response that is ready to proceed with
processing to be selected. The Agency may extend this 90 day deadline
for receipt of an application at its own discretion.
VI. Award Administration Information
Obligation of Program Funds: The Agency will only obligate funds to
projects that meet the requirements for obligation under 7 CFR part
3565 and this NOSA, including having undergone a satisfactory
environmental review in accordance with the National Environmental
Protection Act (NEPA) and completed Form RD 3565-1 for the selected
project.
The Agency will prioritize the obligation requests using the
highest score and the procedures outlined as follows. The Agency will
select the responses that meet eligibility criteria and invite lenders
to submit complete applications to the Agency. Once a complete
application is received and approved, the Agency's State Office will
submit a request to obligate funds to the Agency's National Office.
Starting on the Friday following the date the NOSA is published;
obligation requests submitted to the National Office will be
accumulated, but not obligated throughout the week until midnight
Eastern Time every Thursday. To the extent that funds remain available,
the Agency will obligate the requests accumulated through the weekly
request deadline of the previous week by the following Tuesday (i.e.,
requests received from Friday, May 13, 2016, to Thursday, May 19, 2016,
will be obligated by Tuesday, May 24, 2016). In the event of a tie,
priority will be given to the request for the project that: 1st--has
the highest percentage of leveraging (lowest Loan to Cost) and in the
event there is still a tie;--is in the smaller rural community.
Conditional Commitment: Once the required documents for obligation
are received and all NEPA and regulatory requirements have been met,
the USDA Rural Development State Office will issue a conditional
commitment, which stipulates the conditions that must be fulfilled
before the issuance of a guarantee, in accordance with 7 CFR 3565.303.
Issuance of Guarantee: The USDA Rural Development Office will issue
a guarantee to the lender for a project in accordance with 7 CFR
3565.303. No guarantee can be issued without a complete application,
review of appropriate certifications, satisfactory assessment of the
appropriate level of environmental review, and the completion of any
conditional requirements.
Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, familial/parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or
write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint
form,
[[Page 13317]]
call (866) 632-9992, submit your completed form or letter to USDA by:
Mail: U.S. Department of Agriculture, Office of the Assistant Secretary
for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250-
9410; Fax: (202) 690-7442; or, email: program.intake@usda.gov., USDA is
an equal opportunity provider, employer, and lender.
Dated: March 3, 2016.
Tony Hernandez,
Administrator, Housing and Community Facilities Programs.
[FR Doc. 2016-05610 Filed 3-11-16; 8:45 am]
BILLING CODE 3410-XV-P