Notice of Solicitation of Applications for Section 514 Off-Farm Labor Housing Loans and Section 516 Off-Farm Labor Housing Grants for New Construction for Fiscal Year 2021, 7840-7852 [2021-02193]
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Notices
Federal Register
Vol. 86, No. 20
Tuesday, February 2, 2021
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No. RHS–21–MFH–0004]
Notice of Solicitation of Applications
for Section 514 Off-Farm Labor
Housing Loans and Section 516 OffFarm Labor Housing Grants for New
Construction for Fiscal Year 2021
Rural Housing Service, United
States Department of Agriculture.
ACTION: Notice.
AGENCY:
The Rural Housing Service
(RHS), an agency of the United States
Department of Agriculture (USDA),
announces that it is soliciting
competitive pre-applications for Section
514 Off-Farm Labor Housing (Off-FLH)
loans and Section 516 Off-FLH grants
for the construction of new Off-FLH
units for domestic farm laborers, retired
domestic farm laborers, or disabled
domestic farm laborers. The program
objective is to increase the supply of
affordable housing for farm laborers.
This Notice describes the method used
to distribute funds, the pre-application
and final application process, and
submission requirements.
DATES: Eligible pre-applications
submitted to the Production and
Preservation Division, Processing and
Report Review Branch, for this Notice
will be accepted until November 1,
2022, 12:00 p.m., Eastern Standard
Time. See the SUPPLEMENTARY
INFORMATION section for additional
information.
ADDRESSES: Applications to this Notice
must be submitted electronically to the
Production and Preservation Division,
Processing and Report Review Branch.
Specific instructions on how to submit
applications electronically are provided
below within this Notice under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Jonathan Bell, Branch Chief, Processing
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SUMMARY:
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and Report Review Branch 1,
Production and Preservation Division,
Multifamily Housing Programs, Rural
Development, United States Department
of Agriculture, via email:
MFHprocessing1@usda.gov or phone at:
254–742–9764.
SUPPLEMENTARY INFORMATION: The
amount of program dollars available
will be determined by yearly
appropriations. Available loan and grant
funding amounts can be found at the
following link: https://
www.rd.usda.gov/programs-services/
farm-labor-housing-direct-loans-grants.
Expenses incurred in developing preapplications and final applications will
be at the applicant’s sole risk.
Application Submission Deadlines
There will be three rounds of preapplication submissions and selections
set forth below. Pre-applications that are
deemed eligible but are not selected for
further processing for each individual
fiscal year that this Notice is open, will
be withdrawn from processing. The
applicant may reapply in a future
funding round. RHS will not consider
any application that is received after the
established deadlines unless the date
and time are extended by another Notice
published in the Federal Register. RHS
may at any time supplement, extend,
amend, modify, or supersede this Notice
by publishing another Notice in the
Federal Register.
The application deadlines are as
follows:
First Round
1. Available loan and grant funding
posted to the RHS website by February
5, 2021.
2. Pre-applications must be submitted
by April 1, 2021, 12:00 p.m., Eastern
Standard Time.
3. RHS notification to applicants by
June 1, 2021.
4. Pre-application selections posted to
the RHS website by July 1, 2021.
5. Final applications must be
submitted by August 2, 2021, 12:00
p.m., Eastern Standard Time.
6. Funds must be obligated by
September 30, 2021.
Second Round
1. Available loan and grant funding
posted to the RHS website by August 2,
2021.
2. Pre-applications will be accepted
after September 1, 2021.
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3. Pre-applications must be submitted
by November 1, 2021, 12:00 p.m.,
Eastern Standard Time.
4. RHS notification to applicants by
January 4, 2022.
5. Pre-application selections posted to
the RHS website by March 1, 2022.
6. Final applications must be
submitted by May 2, 2022, 12:00 p.m.,
Eastern Standard Time.
7. Funds must be obligated by
September 30, 2022.
Third Round
1. Available loan and grant funding
posted to the RHS website by August 1,
2022.
2. Pre-applications will be accepted
after September 1, 2022.
3. Pre-applications must be submitted
by November 1, 2022, 12:00 p.m.,
Eastern Standard Time.
4. RHS notification to applicants by
January 2, 2023.
5. Pre-application selections posted to
the RHS website by March 1, 2023.
6. Final applications must be
submitted by May 1, 2023, 12:00 p.m.,
local time.
7. Funds must be obligated by
September 29, 2023.
Priority Language for Funding
Opportunities
RHS encourages applications that will
help advance equity and improve
outcomes in rural America. To
encourage investments in rural
properties, RHS will award points to
projects located in rural Opportunity
Zones where projects should provide
measurable results in helping
communities build robust and
sustainable economies. An Opportunity
Zone is an economically distressed
community where new investments,
under certain conditions, may be
eligible for preferential tax treatment.
Localities qualify as Opportunity Zones
if they have been nominated for that
designation by the state and that
nomination has been certified by the
Secretary of the U.S. Treasury via his
delegation of authority to the Internal
Revenue Service. See https://
www.irs.gov/newsroom/opportunityzones-frequently-asked-questions for
more information.
To focus investments in areas where
the need for increased prosperity is
greatest, RHS will set aside 10 percent
of the available funds for applications
that will serve persistent poverty
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counties for each individual fiscal year
that this Notice is open. Persistent
poverty counties are areas where at least
20 percent of the population is living in
poverty over the last 30 years (measured
by the 1980, 1990, 2000 and 2010
decennial censuses and 2007–2011
American Community Survey five-year
estimates) according to the American
Community Survey census tract data.
Information on which counties are
considered persistent poverty counties
can be found through the USDA
Economic Research Service (ERS)
(https://ers.usda.gov/). ERS is the main
source of economic information and
research for USDA and a principal
Agency of the U.S. Federal Statistical
System located in Washington, DC. Setaside funds will be awarded in the order
of receipt of pre-applications. Once the
set-aside funds are exhausted for each
individual fiscal year that this Notice is
open, any further set-aside applications
will be evaluated and ranked with the
other applications submitted in
response to this Notice. If, after the
preapplications are reviewed, RHS does
not receive enough eligible applications
to fully utilize the 10 percent set-aside
in the service of these areas in each
individual fiscal year that this Notice is
open, RHS will award any unused setaside funds to other eligible applicants.
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Overview
Federal Agency: Rural Housing
Service.
Funding Opportunity Title: Notice of
Solicitation of Applications for Section
514 Off-Farm Labor Housing Loans and
Section 516 and Off-Farm Labor
Housing Grants for New Construction
for Fiscal Year 2021.
Announcement Type: Solicitation of
applications from qualified applicants
for Fiscal Year 2021.
Catalog of Federal Domestic
Assistance Numbers (CFDA): 10.405 and
10.427.
A. Federal Award Description
Pre-applications will only be accepted
through the dates and times listed in
this Notice. All awards are subject to the
availability of funding. The maximum
award per selected project may not
exceed $5 million (total loan and grant).
A state will not receive more than 30
percent of the Off-FLH funding for each
fiscal year that this Notice is open,
unless there are remaining Section 514
and Section 516 funds after all eligible
applications Nationwide have been
funded. In this case, funds will be
awarded to the next highest-ranking
eligible applications among all of the
remaining unfunded applications
within the applicable application round.
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The allocation of these funds may result
in a state or states exceeding the 30
percent limitation.
Section 516 Off-FLH grants may not
exceed 90 percent of the total
development cost (TDC) of the housing.
TDC is defined in 7 CFR 3560.11.
Section 514 Off-FLH loans may not
exceed the limits set forth in 7 CFR
3560.562(b).
If leveraged funds are going to be used
and are in the form of Low-Income
Housing Tax Credits (LIHTC), the
applicant must include in the preapplication, written evidence that a
LIHTC application has been submitted
and accepted by the Housing Finance
Agency (HFA). Applicants without
written evidence that a tax credit
application has been submitted and
accepted by an HFA must certify in
writing within the pre-application that
they will apply for tax credits to an
HFA, obtain a firm commitment letter,
and include the commitment letter
within their final application
submission, if available. The firm
commitment letter from the HFA must
be submitted prior to the approval of the
final application. If the applicant is
unable to secure a firm commitment
letter from the HFA in order to submit
it to RHS by September 30th of the
relevant fiscal year, the application will
be deemed incomplete and the
applicant will be notified in writing that
the application will not be considered
for funding.
Pre-applications that propose the use
of other forms of leveraged funds must
submit firm commitment letters within
their final application, if available. If the
applicant is unable to secure a firm
commitment letter from the funding
source in order to submit it by
September 30th of the relevant fiscal
year, the application will be deemed
incomplete and the applicant will be
notified in writing that the application
will not be considered for funding.
A firm commitment letter is defined
as a lender’s unqualified pledge to the
borrower that they have passed their
underwriting guidelines and they are
willing to offer the borrower a loan and/
or grant under specified terms. The
letter validates that the borrower’s
financing has been fully approved and
that the lender is prepared to close the
transaction. Preliminary commitment
letters, term sheets, or any other letter
from the lender that does not meet the
definition above will not be considered
a firm commitment letter and will not
meet the requirements specified in this
Notice.
Rental Assistance (RA) and Operating
Assistance (OA) will be available for
this Notice. OA is described in 7 CFR
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3560.574 and may be used in lieu of
tenant-specific RA in Off-FLH projects
financed under Section 514 or Section
516(i) of the Housing Act of 1949
(U.S.C. 1486(i)) as amended (42 U.S.C.
1484 and 1486(h) respectively), that
serve migrant farmworkers as defined in
7 CFR 3560.11.
In order to maximize the use of the
limited supply of FLH funds, RHS may
contact eligible applicants selected for
an award in point score order starting
with the highest score, with proposals to
modify the transaction’s proportions of
loan and grant funds for each individual
fiscal year that this Notice is open. In
addition, if funds remain after the
highest scoring eligible applications are
selected for awards, we may contact
those eligible applicants selected for the
awards, in point score order, starting
with the highest score, to ascertain
whether those respondents will accept
the remaining funds for each individual
fiscal year that this Notice is open.
In order to enhance customer service
and the transparency of this program,
RHS will publish a list of awardees, the
loan and/or grant amounts of their
respective awards, the self-score
provided by the applicant, and the final
score as computed by RHS in
accordance with the dates listed in this
Notice. This will be done for each
funding round. This information can be
found at: https://www.rd.usda.gov/
programs-services/farm-labor-housingdirect-loans-grants. RHS reserves the
right to post all information submitted
as part of the pre-application and final
application package, which is not
protected under the Privacy Act, on a
public website with free and open
access to any member of the public.
B. Eligibility Information
1. Eligibility
Housing Eligibility—housing that is
constructed with FLH loans and/or
grant funds must meet RHS’s design and
construction standards contained in 7
CFR part 1924, subparts A and C. Once
constructed, Off-FLH must be managed
in accordance with 7 CFR part 3560. In
addition, Off-FLH must be operated on
a non-profit basis and tenancy must be
open to all qualified domestic farm
laborers, regardless of which farm they
work. Section 514(f)(3) of the Housing
Act of 1949, as amended (42 U.S.C.
1484(f)(3)) defines domestic farm
laborers to include any person
regardless of the person’s source of
employment, who receives a substantial
portion of his/her income from the
primary production of agricultural or
aqua cultural commodities in the
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unprocessed or processed stage, and
also includes the person’s family.
Tenant Eligibility—tenant eligibility
is limited to persons who meet the
definition of a ‘‘domestic farm laborer,’’
or a ‘‘disabled domestic farm laborer,’’
or a ‘‘retired domestic farm laborer’’ as
defined in Section 514(f)(3) of the
Housing Act of 1949, as amended (42
U.S.C. 1484(f)(3)).
Section 514(f)(3)(A) of the Housing
Act of 1949 (42 U.S.C. 1484(f)(3)(A)) has
been amended to extend FLH tenant
eligibility to agricultural workers legally
admitted to the United States and
authorized to work in agriculture. In
addition, under no circumstance may
any currently eligible FLH tenants be
displaced from their homes as a result
of this statutory change.
Owners are responsible for verifying
tenant income eligibility. Only very-low
or low-income households are eligible
for the operating assistance rents.
Households with incomes above the
low-income limits must pay the full
rent.
In accordance with 7 CFR 3560.554,
off-farm labor housing may be used to
serve migrant farmworkers. Migrants or
migrant agricultural laborer is a person
(and the family of such person) who
receives a substantial portion of his or
her income from farm labor employment
and who establishes a residence in a
location on a seasonal or temporary
basis, in an attempt to receive farm labor
employment at one or more locations
away from their home base state,
excluding day-haul agricultural workers
whose travels are limited to work areas
within one day of their residence.
Seasonal housing is housing that is
operated on a seasonal basis, typically
for migrants or migrant agricultural
laborers as opposed to year-round. OffFLH loan and grant funds may be used
to provide facilities for seasonal or
temporary residential use with
appropriate furnishings and equipment.
A temporary residence is a dwelling
which is used for occupancy, usually for
a short period of time, but is not the
legal residence for the occupant.
The design and construction
requirements established in § 3560.60
apply to all applications for Off-FLH
loans and grants except that seasonal
Off-FLH that will be occupied for eight
months or less per year by migrant
farmworkers while they are away from
their residence, may be constructed in
accordance with Exhibit I of 7 CFR part
1924, subpart A.
For Off-FLH operating on a seasonal
basis, the management plan must
establish specific opening and closing
dates. During the off-season, Off-FLH
may be used as defined in 7 CFR part
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3560, subpart A, under short-term lease
provisions. Where rents are charged on
a per-unit basis and family income
qualifies the household for rental
assistance, rental assistance may be
used.
Off-FLH is subject to the tenant
contribution and rental unit rent
requirements for Plan II housing
established under 7 CFR part 3560,
subpart E, except where seasonal
housing will be occupied for less than
a three-month period. In such instances
the best available and practical income
verification methods may be used with
prior approval of RHS.
Actual dollars earned from farm labor
by domestic farm laborers other than
migrant farmworkers must equal at least
65 percent of the annual income limits
indicated for the Standard Federal
regions as published by RHS for their
particular region of the country. For
migrant farmworkers living in seasonal
housing the actual dollars earned from
farm labor by a domestic farm laborer
must equal at least 50 percent of annual
income limits indicated for the Standard
Federal regions, as published by RHS.
Applicant Eligibility—
(a) To be eligible to receive a Section
514 loan for Off-FLH, the applicant
must meet the requirements of 7 CFR
3560.555(a) and be a broad-based nonprofit organization of farmworkers, a
Federally recognized Indian tribe, a
community organization, or an Agency
or political subdivision of state or local
Government, and must meet the
requirements of § 3560.55, excluding
§ 3560.55(a)(6). A broad-based nonprofit organization is a non-profit
organization that has a membership that
reflects a variety of interests in the area
where the housing will be located; or a
limited partnership with a non-profit
general partner which meets the
requirements of § 3560.55(d).
(b) To be eligible to receive a Section
516 grant for Off-FLH, the applicant
must meet the requirements of 7 CFR
3560.555(b) and be a broad-based nonprofit organization of farmworkers, a
federally recognized Indian tribe, a
community organization, or an agency
or political subdivision of State or local
Government, and must meet the
requirements of § 3560.55, excluding
§ 3560.55(a)(6). A broad-based nonprofit organization is a non-profit
organization that has a membership that
reflects a variety of interests in the area
where the housing will be located; and
be able to contribute at least one-tenth
of the total farm labor housing
development cost from its own or other
resources. The applicant’s contribution
must be available at the time of the grant
closing. An Off-FLH loan financed by
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RHS may be used to meet this
requirement, however, an RHS grant
cannot be used to meet this
requirement. Limited partnerships with
a non-profit general partner are eligible
for Section 514 loans; however, they are
not eligible for Section 516 grants.
(1) The applicant must be unable to
provide the necessary housing from the
applicant’s own resources and be unable
to obtain credit from any other source
upon terms and conditions which the
applicant could reasonably be expected
to fulfill.
(2) Provide evidence that the
applicant is unable to obtain credit from
other sources.
(3) In order to demonstrate the
applicant meets the requirement at 7
CFR 3560.55(a)(2), at least two letters
from two separate credit institutions
which normally provide real estate
loans in the area must be obtained and
these letters must indicate the rates and
terms upon which a loan might be
provided. (Note: not required from State
or local public agencies or Indian
tribes.) If two letters from two separate
credit institutions that indicate the rates
and terms upon which a loan might be
provided is not submitted within the
pre-application, the pre-application will
be considered incomplete and will not
be considered for funding.
(4) Broad-based non-profit
organizations must have a membership
that reflects a variety of interests in the
area where the housing will be located.
2. Cost Sharing or Matching—the
amount of any Off-FLH grant must not
exceed 90 percent of the TDC as
provided in 7 CFR 3560.562(c)(1).
3. Other Requirements—the following
requirements apply to loans and grants
made in response to this Notice:
(a) 7 CFR part 1901, subpart E,
regarding equal opportunity
requirements;
(b) For grants only, 2 CFR parts 200
and 400, which establishes the uniform
administrative and audit requirements
for grants and cooperative agreements to
State and local Governments and to
non-profit organizations;
(c) 7 CFR part 1901, subpart F,
regarding historical and archaeological
properties;
(d) 7 CFR 1970.11, Timing of the
environmental review process. Please
note, the environmental information
must be submitted by the applicant to
RHS. RHS must review and determine
that the environmental information is
acceptable before the obligation of
funds;
(e) 7 CFR part 3560, regarding the
loan and grant authorities of the OffFLH program;
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(f) 7 CFR part 1924, subpart A,
regarding planning and performing
construction and other development;
(g) 7 CFR part 1924, subpart C,
regarding the planning and performing
of site development work;
(h) For construction financed with a
Section 516 grant, the provisions of the
Davis-Bacon Act (40 U.S.C. 276(a)–
276(a)–5) and implementing regulations
published at 29 CFR parts 1, 3, and 5;
(i) A credit report fee of at least $24
will be charged to the applicant and
paid to the United States Department of
Agriculture. This fee is used to pay
credit reports obtained by RHS;
(j) Borrowers and grantees must take
reasonable steps to ensure that tenants
receive the language assistance
necessary to afford them meaningful
access to USDA programs and activities,
free of charge. Failure to provide this
assistance to tenants who can effectively
participate in or benefit from Federally
assisted programs or activities may
violate the prohibition under Title VI of
the Civil Rights Act of 1964, 42 U.S.C.
2000d et seq. and Title VI regulations
against national origin discrimination.
(k) In accordance with 7 CFR 3560.60,
the housing must be economical to
construct, operate, and maintain and
must not be of elaborate design or
materials.
(l) System for Awards Management.
All program applicants must be
registered in the System for Awards
Management (SAM) prior to submitting
an application, unless determined
exempt under 2 CFR 25.110. Federal
award recipients must maintain an
active SAM registration with current
information at all times during which it
has an active Federal award or an
application under consideration by the
Agency. The applicant must ensure that
the information in the database is
current, accurate, and complete.
Applicants must ensure they complete
the Financial Assistance General
Certifications and Representations in
SAM.
C. Pre-Application and Submission
Information
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1. Pre-Application Submission
The application process will be in two
phases, for each individual fiscal year
that this Notice is open: The initial preapplication and the submission of a
final application. Only those preapplications that are selected for further
processing will be invited to submit a
final application. In the event that a preapplication is selected for further
processing and the applicant declines,
the next highest ranked pre-application
will be selected for further processing in
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each individual fiscal year that this
Notice is open. All pre-applications for
Section 514 and Section 516 funds must
meet the requirements of this Notice.
Incomplete pre-applications will be
rejected and returned to the applicant.
No pre-application will be accepted
after the deadline in a given round
unless the date and time is extended by
another Notice published in the Federal
Register.
Pre-applications should be submitted
electronically. The process for
submitting an electronic application to
RHS is as follows:
(a) At least two business days prior to
the application deadline for the
applicable funding round, the applicant
must email RHS a request to create a
shared folder in CloudVault. The email
must be sent to the following address:
Off-FLHapplication@usda.gov. The
email must contain the following
information:
(1) Subject line: ‘‘Off-FLH Application
Submission.’’
(2) Body of email: Borrower Name,
Project Name, Borrower Contact
Information, Project State.
(3) Request language: ‘‘Please create a
shared CloudVault folder so that we
may submit our application
documents.’’
Once the email request to create a
shared CloudVault folder has been
received, a shared folder will be created
within two business days. When the
shared CloudVault folder is created by
RHS, the system will automatically send
an email to the applicant’s submission
email with a link to the shared folder.
All required application documents in
accordance with this Notice must be
loaded into the shared CloudVault
folder. When the submission deadline is
reached for each applicable funding
round, the applicant’s access to the
shared CloudVault folder will be
removed. Any document uploaded to
the shared CloudVault folder after the
application deadline, for each
applicable funding round, will not be
reviewed or considered.
The applicant should upload a Table
of Contents of all of the documents that
have been uploaded to the shared
CloudVault folder. Last-minute requests
and submissions may not allow
adequate time for the submission
process to take place prior to the
deadline. Applicants are reminded that
all submissions must be received by the
deadline, for each applicable funding
round, and the application will be
rejected if it is not received by the
deadline date and time, regardless of
when the application was submitted.
(b) Prior to the submission of a preapplication, the applicant is encouraged
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to schedule a concept meeting with RHS
to discuss the application process, the
specifics on the proposed project, and
the borrower’s responsibilities under the
Off-FLH program, among other topics.
Requests for concept meetings can be
sent to the following email address:
MFHprocessing1@usda.gov.
(c) If a pre-application is accepted for
further processing, the applicant must
submit a final application, acceptable to
RHS, prior to the obligation of funds. If
the pre-application is not accepted for
further processing due to being
incomplete or ineligible, the applicant
will be notified of appeal rights under
7 CFR part 11. Pre-applications that are
deemed eligible but are not selected for
further processing for each individual
fiscal year that this Notice is open will
be withdrawn from processing. The
applicant may reapply in a future
funding round.
2. Pre-Application Requirements
(a) The pre-application must contain
the following:
(1) An executed and dated Executive
Summary on the applicant’s letterhead
that must include at least the following:
(i) Brief description of the proposed
project. Be sure to address if the project
will be used year-round or seasonally
and to what standards the housing will
be built.
(ii) Document the need for the project.
The applicant must document that the
housing and related facilities will fulfill
a pressing need in the area in which the
project will be located.
(iii) Description of the proposed
ownership structure with an
organizational chart.
(iv) Narrative verifying the applicant’s
ability to meet the eligibility
requirements stated earlier in this
Notice.
(v) A statement of the applicant’s
experience in operating labor housing or
other rental housing. If the applicant’s
experience is limited, additional
information should be provided to
indicate how the applicant plans to
compensate for this limited experience
(i.e., obtaining assistance and advice of
a management firm, non-profit group,
public agency, or other organization
which is experienced in rental
management and will be available on a
continuous basis).
(vi) Description of the applicant’s
legal and financial capability to carry
out the obligation of the loan and/or
grant.
(vii) Proposed management. A brief
statement explaining the applicant’s
proposed method of operation and
management (i.e., on-site manager,
contract for management services, etc.).
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As stated earlier in this Notice, the
housing must be managed in accordance
with the program’s management
regulations, 7 CFR part 3560.
(viii) Description of established site
control.
(ix) Proposed Return to Owner (RTO),
if applicable.
(x) Any financial commitments,
financial concessions, or other
economic benefits proposed to be
provided by RHS.
(xi) Third-party funding, if applicable.
For each third-party funding source or
leveraged funds, discuss briefly the
funding provider, funding amount,
including terms, commitment status,
timing issues, any restrictions that will
be applicable to the project, and
whether any accommodation from RHS
is proposed, such as a subordination in
lien position. The desired lien position
of any third-party funding source must
be clearly disclosed as well as any
proposal for RHS to subordinate its lien
position.
(xii) Any proposed compensation to
parties having an identity of interest
with either the seller, purchaser,
consultant, or Technical Assistance
(TA) provider, etc.
(xii) Any proposed construction
financing, for example, a construction or
bridge loan or the use of multiple
advances.
(xiv) Type and method of
construction such as owner builder,
negotiated bid, or contractor method.
(xv) If a FLH grant is desired, a
statement concerning the need for a FLH
grant. The statement must include
estimates of the rents required with a
grant and rents required without a grant.
Documentation to demonstrate how the
rent figures were computed must be
provided. Documentation must be in the
form of a completed Form RD 3560–7
‘‘Multiple Family Housing Project
Budget/Utility Allowance’’ completed
as if a grant were received and another
form completed as if a grant would not
be received. RHS will review each
budget to determine that the income and
expenses are reasonable and customary
for the area. RHS will then verify that
the proposed rental rates provided on
the budget that considers rents without
a grant, are at or above market rate rents
or at a level that would overburden the
intended residents based on the average
income of eligible FLH workers in the
primary market area as provided in the
market study.
(xvi) If RA or OA is desired, a
statement concerning the need for the
RA or OA and a statement concerning
the specific number of units of RA or
OA that is needed. Strong and detailed
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justification must be provided for
requests of 100 percent RA or OA.
(xvii) Statement by the applicant that
they will pay any cost overruns.
(xviii) Estimated development
timeline to include estimated start and
end date as well as any other important
milestones.
(xix) Description of any required site
development such as building roads,
obtaining easements, installing utilities,
verification that there is proper site
access, and any state or local approvals
such as zoning.
(xx) Description of the required and
intended applicant contribution.
(xxi) Any other pertinent information
that the applicant feels should be
disclosed as part of this proposal, if
applicable.
(2) Standard Form 424 ‘‘Application
for Federal Assistance’’ which can be
obtained at: https://www.grants.gov/.
(3) Current (within six months of this
Notice’s pre-application submission due
date of the applicable funding round)
financial statements for each entity
within the ownership structure with the
following paragraph certified by the
applicant’s designated and legally
authorized signer:
‘‘I/we certify the above is a true and
accurate reflection of our financial
condition as of the date stated herein.
This statement is given for the purpose
of inducing the United States of
America to make a loan or to enable the
United States of America to make a
determination of continued eligibility of
the applicant for a loan as requested in
the loan application of which this
statement is a part.’’
(4) A check for $24 made out to the
United States Department of
Agriculture. This will be used to pay for
credit reports obtained by RHS. The
check must be mailed to the following
address and received prior to the
application deadline for the applicable
funding round. If the check is not
received by the application deadline for
the applicable funding round, the
application will be considered
incomplete and will not be considered
for funding.
Tonya Boykin, Management Assistant,
United States Departments of
Agriculture, 1400 Independence
Avenue SW, Room 1263–S, STOP
0782, Washington, DC 20250
(5) Evidence that the applicant is
unable to obtain credit from other
sources. At least two letters from two
separate credit institutions which
normally provide real estate loans in the
area must be obtained and these letters
must indicate the rates and terms upon
which a loan might be provided. RHS
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will review each letter to verify that the
applicant is only able to obtain market
rate financing, which would include a
market rate interest rate and term of less
than 30 years.
(6) Letter from the IRS indicating the
applicant’s tax identification number.
(7) Documentation verifying the
applicant’s DUNS number, if applicable.
(8) Proposed limited partnership
agreement and certificates of limited
partners, if applicable. (Agency
requirements should be contained in
one section of the agreement and their
location identified by the applicant or
their attorney in a cover sheet.)
(9) If a non-profit organization:
(i) Tax-exempt ruling from the IRS
designating them as a 501(c)(3) or
501(c)(4) organization. If the designation
is pending, a copy of the designation
request must be submitted.
(ii) Purpose statement, including the
provision of low-income housing.
(iii) Evidence of organization under
Tribal, state and local law, or copies of
pending applications and a copy of the
applicant’s charter, Articles of
Incorporation, and by-laws.
(iv) List of Board of Directors
including their names, occupations,
phone numbers, and addresses.
(v) If a member or subsidiary of
another organization, the organization’s
name, address, and nature of business.
(10) Market feasibility documentation
to identify the supply and demand for
Off-FLH in the primary market area. A
market study must be submitted. The
market area must be clearly identified
and may include only the area from
which tenants can reasonably be drawn
for the proposed project. Documentation
must be provided to justify a need
within the intended primary market
area for the housing of domestic farm
laborers. The documentation must also
consider disabled and retired farm
workers and adjusted medium incomes
of very-low, low, and moderate. The
market study must include all of the
content in Exhibit 4–10 and Exhibit 4–
11. These exhibits are located in HB–1–
3560, Chapter 4, Section 4.18. The
market study must also include
documentation of all the elements in
Attachment 4–F, located in HB–1–3560,
Chapter 4. The provider must include a
copy of Attachment 4–F within the
report and provide the page number of
the report where it contains the
information that satisfies each element
of Attachment 4–F. The market study
must be obtained from, and performed
by, an independent third-party provider
that has no identity of interest with the
property owner, management agent,
applicant or any other principle or
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affiliate. The market study must also
include the following:
(i) The annual income level of
farmworker families in the area and the
probable income of the farm workers
who will likely occupy the proposed
housing;
(ii) A realistic estimate of the number
of farm workers who remain in the area
where they harvest and the number of
farm workers who normally migrate into
the area. Information on migratory
workers should indicate the average
number of months the migrants reside
in the area and an indication of what
type of households are represented by
the migrants (i.e., single individuals as
opposed to families);
(iii) General information concerning
the type of labor-intensive crops grown
in the area and prospects for continued
demand for farm laborers;
(iv) The overall occupancy rate for
comparable rental units in the area and
the rents charged and customary rental
practices for these units (i.e., will they
rent to large families, do they require
annual leases, etc.);
(v) The number, condition, adequacy,
rental rates and ownership of units
currently used or available to farm
workers;
(vi) Information on any proposed new
construction of housing units within the
primary market area. The building
permit information and pending tax
credit applications must be checked for
the primary market area;
(vii) Documentation verifying that
interviews were conducted with farms
and other agricultural businesses within
the primary market area to inquire if
they are in need of additional housing
for their employees or if they plan to
expand and hire additional employees
that will need housing; and
(viii) A description of the proposed
units, including the number, type, size,
rental rates, amenities such as carpets
and drapes, related facilities such as a
laundry room or a community room and
other facilities providing supportive
services in connection with the housing
and the needs of the prospective tenants
such as a health clinic or day care
facility.
(11) Evidence of site control, such as
an executed option contract or sales
contract. In addition, a map and
description of the proposed site,
including the availability of water,
sewer, and utilities and the proximity to
community facilities and services such
as shopping, schools, transportation,
doctors, dentists, and hospitals. Off-FLH
projects must comply with the site
requirements in 7 CFR 3560.558 with
the exception of the requirement that
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the property be located in a designated
place.
(12) A supportive services plan which
describes services that will be provided
on-site or made available to tenants
through cooperative agreements with
service providers in the community,
such as a health clinic or day care
facility. Off-site services must be
accessible and affordable to farm
workers and their families. A map
showing the location of supportive
services must be included. Letters of
commitment from service providers are
acceptable documentation. The plan
must describe how the services will be
funded. RA may not fund supportive
services.
(13) Preliminary plans and
specifications, including a plot plan,
site plan with contour lines, floor plan
for each living unit type and other
spaces, such as laundry facilities,
community rooms, stairwells, etc.,
building exterior elevations, typical
building exterior wall section, building
layouts, and type of construction and
materials. The housing must meet RHS’s
design and construction standards
contained in 7 CFR part 1924, subparts
A and C, and must also meet all
applicable federal, state, and local
accessibility standards and be in
compliance with all building codes.
Also, applications for Off-FLH loans and
grants must meet the design
requirements in 7 CFR 3560.559.
(14) Provide a description of the
proposed interior/exterior washing
facilities. Applicants should consider
incorporating interior/exterior washing
facilities for tenants, as necessary to
protect the asset and the tenants from
excess dirt and chemical exposure. Such
facilities might include a boot washing
station or hose bibs, among others.
(15) Description and justification of
related facilities and a schedule of
separate charges for the related
facilities.
(16) The applicant must submit a
checklist, certification, and signed
affidavit by the project architect or
engineer, as applicable, for any energy
programs the applicant intends to
participate in.
(17) A Sources and Uses Statement
which shows all sources of funding
included in the proposed project. The
terms and schedules of all sources
included in the project should be
included in the Sources and Uses
Statement. (Note: Section 516 grants
may not exceed 90 percent of the TDC
of the project).
(18) Evidence of the submission of the
project description to the applicable
State Housing Preservation Office
(SHPO), and/or Tribal Historic
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Preservation Officer (THPO) with the
request for comments.
(19) Evidence of compliance with
Executive Order 12372. The applicant
must send a copy of Form SF–424,
‘‘Application for Federal Assistance,’’ to
the applicant’s State clearinghouse for
intergovernmental review. If the
applicant is located in a State that does
not have a clearinghouse, the applicant
is not required to submit the form.
However, evidence that the State does
not have a clearinghouse must be
submitted. Applications from Federally
recognized Indian tribes are not subject
to this requirement.
(20) Phase I Environmental Site
Assessment, ASTM E–1527 (Phase I
ESA).
(22) FEMA Form 81–93, Standard
Flood Hazard Determination.
(23) Comments regarding relevant
offsite conditions.
(24) The following forms are required
to be submitted with the preapplication:
(i) Awards made under this Notice are
subject to the provisions contained in
the Consolidated Appropriations Act,
2021 (Pub. L. 116–260) sections 745 and
746 regarding felony convictions and
corporate Federal tax delinquencies. To
comply with these provisions,
applicants that are, or propose to be,
corporations will submit form AD–3030,
‘‘Representations Regarding Felony
Conviction and Tax Delinquent Status
for Corporate Applicants,’’ as part of
their pre-application. Form AD–3030
can be found at: https://
www.ocio.usda.gov/document/ad3030.
(ii) A prepared Form HUD–935.2A,
‘‘Affirmative Fair Housing Marketing
Plan (AFHMP)—Multifamily Housing’’
in accordance with 7 CFR 1901.203(c).
The AFHMP will reflect that occupancy
is open to all qualified ‘‘domestic farm
laborers,’’ regardless of which farming
operation they work for, and that they
will not discriminate on the basis of
race, color, sex, age, disability, marital
or familial status or National origin in
regard to the occupancy or use of the
units. The AFHMP must include all
attachments and supporting
documentation. The form can be found
at: https://portal.hud.gov/hudportal/
documents/huddoc?id=935-2a.PDF.
Indian Tribes, including
instrumentalities of such Indian Tribes,
are not required to comply with certain
aspects of the AFHMP guidelines above,
and may allow members of Indian
Tribes to be given preference for
housing. The Native American Housing
Enhancement Act of 2005 (NAHEA),
Public Law 109–136, Codified at 25
U.S.C. 4101 et seq., amended Title V of
the Housing Act of 1949 (42 U.S.C. 1471
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et seq.) which created the housing
programs administered by the United
States Department of Agriculture, Rural
Housing Service. The NAHEA excludes
Indian Tribes, including
instrumentalities of such Indian Tribes,
from the requirement to comply with
Title VI of the Civil Rights Act of 1964,
and Title VIII of the Civil Rights Act of
1968, allowing members of Indian
Tribes to be given preference for
housing in accordance to the Native
American Housing Assistance and Self
Determination Act of 1996 (25 U.S.C.
4101 et seq.).
The NAHEA does not exempt Indian
Tribes from complying with other laws
that apply to recipients of Federal
financial assistance. Therefore, federally
recognized Indian Tribes must continue
to comply with Section 504 of the
Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and Title IX
of the Education Amendments Act of
1972, where applicable. The NAHEA
also did not exempt Indian Tribes from
complying with the accessibility
requirements of the Fair Housing
Amendments Act (FHAA) of 1988. This
Act amended Title VIII of the Fair
Housing Act of 1968, to include
disability and familial status. Therefore,
the NAHEA did not specifically exempt
Indian Tribes from the accessibility
requirements of the FHAA. The
requirements to construct multi-family
housing properties accessible to, or
adaptable for, persons with disabilities
are to be followed. This requirement
shall be consistent with RD Instructions
7 CFR part 3560, § 3560.60, Design
Requirements.
(iii) A proposed post-construction
operating budget utilizing Form RD
3560–7, ‘‘Multiple Family Housing
Project Budget/Utility Allowance’’ can
be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-7.PDF.
RHS will review the budget to
determine that the income and expenses
are reasonable and customary for the
area. RHS will also verify that the
budget reflects the correct and estimated
RHS debt service, number of units, unit
mix, and proposed rents. Overall, RHS
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will review the budget for feasibility,
accuracy, and reasonableness.
(iv) An estimate of development costs
utilizing Form RD 1924–13 ‘‘Estimate
and Certificate of Actual Cost’’ can be
found at: https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD1924-13.PDF.
(v) Form RD 3560–30, ‘‘Certification
of no Identity of Interest (IOI),’’ if
applicable, can be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-30.PDF.
(vi) Form RD 3560–31, ‘‘Identity of
Interest Disclosure/Qualification
Certification’’ if applicable, can be
found at: https://forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD3560-31.PDF.
An IOI is defined in 7 CFR 3560.11.
RHS will review Form RD 3560–30 and
Form RD 3560–31, as applicable, to
determine if they are completed in
accordance with the Forms Manual
Insert and to determine that all IOI’s
have been disclosed. TA will not be
funded by RHS when an IOI exists
between the TA provider and the loan
or grant applicant.
(vii) Form HUD 2530, ‘‘Previous
Participation Certification’’ can be
found at: https://www.hud.gov/sites/
dfiles/OCHCO/documents/2530.pdf.
(viii) If requesting RA or OA, Form RD
3560–25, ‘‘Initial Request for Rental
Assistance or Operating Assistance’’ can
be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-25.PDF.
(ix) Form RD 400–4, ‘‘Assurance
Agreement’’ can be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD400-4.PDF.
(x) RD Instruction 1940–Q, Exhibit A–
1, ‘‘Certification for contracts, grants
and loans,’’ can be found at: https://
www.rd.usda.gov/files/1940q.pdf.
A separate one-page information sheet
listing each of the pre-application
scoring criteria contained in this Notice,
followed by a reference to the page
numbers of all relevant material and
documentation that is contained in the
proposal that supports the criteria.
Applicants are encouraged to include a
checklist of all of the application
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requirements in accordance with this
Notice and to have their electronic
application submission documents
indexed in the order of this Notice to
facilitate the review process. If any of
the required items listed above are not
submitted within the pre-application in
accordance with this Notice or are
incomplete, the pre-application will be
considered incomplete and will not be
considered for funding.
RHS will not consider information
from an applicant after the preapplication deadline for the applicable
funding round. RHS may contact the
applicant to clarify items in the
application. RHS will uniformly notify
applicants of each curable deficiency. A
curable deficiency is an error or
oversight that if corrected it would not
alter, in a positive or negative fashion,
the review and rating of the application.
An example of a curable (correctable)
deficiency would be inconsistencies in
the amount of the funding request.
D. Pre-Application Review Information
1. Selection Criteria. Section 514 OffFLH loan funds and Section 516 OffFLH grant funds will be distributed to
states based on a national competition,
as follows:
(a) RHS will accept, review, and score
pre-applications in accordance with this
Notice.
(1) Points will be allocated for
applications that leverage other funds
based on the ratio of leveraged funds to
RHS’s total investment. This is
calculated as follows:
The leverage ratio equals the sum of
all permanent third-party project
investments plus RHS’s allowed value
of donated land. The value of the
donated land will be calculated in
accordance with RHS’s HB–1–3560. The
amount of permanent third-party project
investments is limited to third-party
funds from equity, grants, loans, and
deferred developer fees. To obtain the
ratio from which the leveraged funds
points are derived, the leveraged fund
amount is divided by RHS’s investment,
which equals the total amount of
approved Section 514 loans and/or
Section 516 grants. For example:
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The leverage ratio is multiplied by 10
to determine the points value for this
section. Using the above leverage ratio,
this would be 5.167 x 10, which equates
to 51.67 score points for leverage.
A score point for leverage of more
than zero but less than one will be
rounded to one point. A score point for
leverage of zero or less will not receive
any points. There is no maximum
amount of score points for leverage. All
score points for leverage will be
rounded to two decimal places.
Donated land must meet the
requirements of 7 CFR 3560.56(c)(1)(iv).
Land that has been donated and
received points in the scoring process as
donated land may not be considered an
equity contribution nor may a return on
the value of the land be allowed.
(2) The presence of operational cost
savings, such as tax abatements, nonRHS tenant subsidies or donated
services are calculated on a per-unit cost
savings for the sum of the savings.
Savings must be available for at least
five years and documentation must be
provided within the pre-application
demonstrating the availability of savings
for five years. To calculate the savings,
take the total amount of savings and
divide it by the number of units in the
project that will benefit from the savings
to obtain the per-unit cost savings. For
non-RHS tenant subsidy, if the value
changes during the five-year calculation,
the applicant must use the lower of the
non-RHS tenant subsidy to calculate
per-unit cost savings. For example, a 10unit property with 100 percent
designated farm labor housing units
receiving $20,000 per year non-RHS
subsidy yields a cost savings of
$100,000 ($20,000 × 5 years); resulting
in a $10,000 per-unit cost savings
($100,000/10 units).
Use the following table to apply
points:
Per-unit cost savings
Points
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Above $15,000 .............................
$10,001–$15,000 ..........................
$7,501–$10,000 ............................
$5,001–$7,500 ..............................
$3,501–$5,000 ..............................
$2,001–$3,500 ..............................
$1,000–$2,000 ..............................
50
35
20
15
10
5
2
Documentation must be provided
within the pre-application that verifies
the presence of operational cost savings.
RHS will not be providing excess
assistance to the project. This is
determined by conducting a subsidy
layering review and underwriting prior
to the obligation of funds.
(3) Ten points will be awarded to
projects in Opportunity Zones. An
Opportunity Zone is an economically
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distressed community where new
investments, under certain conditions,
may be eligible for preferential tax
treatment. Localities qualify as
Opportunity Zones if they have been
nominated for that designation by the
state and that nomination has been
certified by the Secretary of the U.S.
Treasury via his delegation of authority
to the IRS. See https://www.irs.gov/
newsroom/opportunity-zonesfrequently-asked-questions for more
information. Documentation must be
provided within the pre-application that
verifies the property is within an
Opportunity Zone.
(4) Points will be allocated for the
presence of tenant supportive services.
Two points will be awarded for each
tenant service included in the tenant
supportive services plan up to a
maximum of 10 points. The plan must
describe the proposed supportive
services, including a description of the
public or private funds that are expected
to fund the proposed services as well as
the way the services will be delivered,
who will administer them, and where
they will be administered. All tenant
service plans must include letters of
intent that clearly state the service that
will be provided at the project for the
benefit of the residents from any party
administering each service, including
the applicant. These services may
include, but are not limited to,
transportation related services, on-site
English as a Second Language classes,
move-in funds, emergency assistance
funds, homeownership counseling, food
pantries, after school tutoring, and
computer learning centers. The
proposed supportive services plan must
describe how the services will meet the
identified needs of the tenants and how
the services will be provided on a
consistent, long-term basis to support
the tenants. The plan must clearly state
how the services will be funded. RA
may not be used to pay for these
services.
(5) Points will be allocated for Energy
initiatives (the aggregate points for all
the Energy Initiative categories may not
exceed (20 points)).
Properties may receive points for
energy initiatives in the categories of
energy conservation, energy generation,
water conservation and green property
management. Properties may earn
‘‘energy initiative’’ points for new
construction.
National energy programs including
the U.S. Green Building Council’s
Leadership in Energy and
Environmental Design (LEED (National
Association of Homebuilders 2020 ICC
700 National Green Building Standard,
U.S. Department of Energy (DOE) Zero
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Energy Ready Homes, International
Living Future Institute’s Living Building
Challenge, U.S. Environmental
Protection Agency (EPA) Energy Star for
Homes, Passive House Institute’s PHIUS
+, Enterprise Community Partners Green
Communities, and local energy
conservation programs, will each have
an initial checklist indicating
prerequisites for participation in its
energy program. The applicable energy
program checklist will establish
whether prerequisites for the energy
program’s participation will be met. All
checklists must be accompanied by a
signed affidavit by the project architect
or engineer stating that the goals are
achievable, and the project has been
enrolled in these programs if enrollment
is applicable to that program. These
programs evolve and newer versions are
published, sometimes annually. Projects
must participate in the current version
of the programs and must consult with
the program provider for the most
current, applicable and available
programs for their project location. In
addition, projects that apply for points
under the energy generation category
must include calculations of savings of
energy. Compare property energy usage
of three scenarios: (1) Property built to
required code of state with no
renewables, to (2) property as-designed
with commitments to stated energy
conservation programs without the use
of renewables and (3) property asdesigned with commitments to stated
energy conservation programs and the
use of proposed renewables. Use local
average metrics for weather and utility
costs and detail savings in kWh and
dollars. Provide payback calculations.
These calculations must be done by a
licensed engineer or credentialed
renewable energy provider. Include
with the application, the provider/
engineer’s credentials including
qualifications, recommendations, and
proof of previous work. The checklist,
affidavit, calculations, and
qualifications of the engineer/energy
provider must be submitted together
with the pre-application.
Enrollment in EPA Portfolio Manager
Program. All projects awarded scoring
points for energy initiatives must enroll
the project in the EPA Portfolio Manager
program to track post-construction
energy consumption data. More
information about this program may be
found at: https://www.energystar.gov/
buildings/facility-owners-andmanagers/existing-buildings/useportfolio-manager.
(i) Energy Conservation for New
Construction. Projects may be eligible
for scoring points when the preapplication includes a written
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certification by the applicant to
participate and achieve certification in
the following energy efficiency
programs.
The points will be allocated as
follows:
• Participation in the EPA’s Energy
Star Multifamily New Construction
Certification Process (5 points). https://
www.energystar.gov/partner_resources/
residential_new/homes_prog_reqs/
multifamily_national_page
OR
• Participation in the Green
Communities program by the Enterprise
Community Partners (2020 Criteria). (7
points) https://
www.enterprisecommunity.org/
solutions-and-innovation/greencommunities
OR
• Participation in one of the following
two programs will be awarded points for
certification.
NOTE: Each program has four levels of
certification. State the level of
certification that the applicant’s plans
will achieve in their certification:
• LEED Residential BD&C program by
the United States Green Building
Council (USGBC): https://
www.usgbc.org.—Certified Level (6
points), OR—Silver Level (7 points),
OR—Gold Level (8 points), OR—
Platinum Level (9 points)
The applicant must state the level of
certification that the applicant’s plans
will achieve in their certification in the
pre-application.
OR
• The National Association of Home
Builders (NAHB) 2020 ICC 700 National
Green Building Standard: https://
www.nahb.org/
—Green-Bronze Level (6 points), OR
—Silver Level (7 points), OR—Gold
Level (8 points), OR—Emerald Level
(9 points). Applicant must state the
level of certification that the
applicant’s plans will achieve in their
certification in the pre-application.
OR
• Participation in the DOE Zero
Energy Ready Homes program. (9
points) https://www.energy.gov/eere/
buildings/zero-energy-ready-homes
OR
• PHIUS+ Passive Building Standard
(2018) (10 points) https://
multifamily.phius.org/service-category/
phius-within-reach
OR
• International Living Future Institute
Living Building Challenge (11 points)
https://living-future.org/lbc/
AND
• Participation in local green/energy
efficient building standards. Applicants
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who participate in a city, county or
municipality programs (1 points).
(ii) Energy Generation. Projects that
commit to participate in the abovementioned programs in section i) also
will receive scoring points for
installation of on-site renewable energy
sources. Energy analysis of preliminary
building plans using industryrecognized simulation software must
document the projected total energy
consumption of all the building
components and building site usage.
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 get the building a
net-zero or net positive consumer/
producer of energy) will be awarded
points as follows:
• 0 to 9 percent commitment to energy
generation—0 points
• 10 to 20 percent commitment to
energy generation—1 point
• 21 to 40 percent commitment to
energy generation—2 points
• 41 to 60 percent commitment to
energy generation—3 points
• 61 to 80 percent commitment to
energy generation—4 points
• 81 to 100 percent or more
commitment to energy generation—5
points
Projects may participate in Power
Purchase Agreements or Solar Leases to
achieve their on-site renewable energy
generation goals provided that the
financial obligations of the lease/
purchase agreements are clearly
documented and included in the preapplication, and qualifying ratios
continue to be achieved.
An additional one point (1 point) will
be awarded for off-grid systems, or
elements of systems, provided that at
least five percent of the on-site
renewable system is off-grid. See
www.dsireusa.org for State and local
specific incentives and regulations of
energy initiatives.
(iii) Water Conservation in Irrigation
Measures. Projects may be awarded one
point (1 point) for the use of an
engineered recycled water (gray water or
storm water) for landscape irrigation
covering 50 percent or more of the
property’s site landscaping needs.
(iv) Property Management
Credentials. Projects may be awarded
one point (1 point) if the designated
property management company or
individuals that will assume
maintenance and operation
responsibilities upon completion of
construction work have a Credential for
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Green Property Management.
Credentialing can be obtained from the
National Apartment Association (NAA),
National Affordable Housing
Management Association, The Institute
for Real Estate Management, USGBC
LEED for Operations and Maintenance,
or another source with a certifiable
credentialing program. Credentialing
must be illustrated in the resume(s) of
the property management team and
included with the pre-application.
(6) Market. The applicant must
provide the required market study as
described above in Section C, Preapplication and Submission
Information, number 11 and will be
awarded points as follows:
Need. Applications will be rated on
the absorption ratio. The absorption
ratio is computed by dividing the
number of units in the proposed project
by the number of income eligible and
farm labor eligible households within
the primary market area.
• Evidence of Strong Need (4 points).
An absorption ratio of 15 percent or
less.
• Evidence of Need (2 points). An
absorption ratio greater than 15 percent
and less than 30 percent.
• No Evidence of Need (0 points). An
absorption ratio 30 percent or greater.
Neighborhood and Context.
Applicants must demonstrate that the
location of the site supports farm labor
housing. The applicant must identify
the location, the proximity, and ease of
access of the project site to amenities
important to the residents that
supplement the services provided onsite. The site location will be rated on
the following:
• Health care and social services
(hospital, medical clinic, social service
organization that offers services to farm
workers) (2 points);
• Grocery stores (e.g., supermarket or
other store that sells produce and meat)
(2 points);
• Recreational facilities (e.g., parks
and green space, community center,
gym, health club, or family
entertainment venue, library) (2 points);
• Civic facilities (e.g., place of
worship, police or fire station, post
office) (2 points);
• Other neighborhood-serving
amenities (e.g., apparel store,
convenience store, pharmacy, bank, hair
care, and restaurants) (2 points).
Applicants must describe how
residents could reasonably access
critical amenities. Amenities will
generally be considered readily
available if they are within one-half
mile walking distance or they can be
accessed by public transportation
(within one-quarter walking mile)
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including accessible public
transportation option, and/or affordable
private door-to-door shuttle/van service
that is reliable and accessible.
Applicants may commit to providing
such transportation services if the
nature of the commitment and the
financing of the commitment is
adequately described. Project funds
cannot be used for this purpose.
To score the maximum number of
points on this factor, applicants must
make a compelling argument that the
location of the proposed project is well
suited with respect to proximate
amenities to meet the needs of farm
workers. Documentation must be
provided that clearly outlines the
project site and its proximity to the
applicable amenities.
(7) Owner capacity. This factor
addresses the extent to which the
applicant, or a member of the
applicant’s team, has the experience and
organizational resources to successfully
implement the proposed activities in a
timely manner. In this rating factor, RHS
will consider the extent to which the
application demonstrates the applicant’s
ability to develop and operate FLH on
a long-term basis. In the case of cosponsored applications, the rating will
be based upon the combination of the
experience of all co-sponsors in the area
under review.
A firm resume must be provided for
the applicant and all Sponsors/CoSponsors. Each resume must include
evidence of development experience
and services experience, as applicable.
In addition, the resume should include
a description of all similar projects that
the applicant and Sponsors/CoSponsors have been involved with, to
include whether they were Federal
housing projects, and information
regarding the success of the projects.
Development Experience. Applicants
should demonstrate how the scope,
extent, and quality of the Sponsor’s and/
or their consultant team’s recent
experience in developing and operating
housing is consistent with the details of
the proposed project. The evaluation
will consider experience with LIHTC,
FLH with RHS funds, and other
complex financing development
transactions to the extent such expertise
is relevant to the proposal, experience
that shows familiarity with FLH and
experience operating Federally assisted
housing, which may be demonstrated by
providing supporting data related to
actual performance. The description or
firm resumes must include any rental
housing projects and supportive
services facilities that the applicant
sponsored, owns or operates.
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RHS will make a determination on the
level of experience of the applicant and
all Sponsors/Co-Sponsors, if applicable,
based on the information and
documentation presented within the
pre-application. Points will be awarded
as follows:
• No development experience (0 points)
• Low level of development experience
(2 points)
• Medium level of development
experience (5 points)
• High level of development experience
(10 points)
To score the highest number of points
for this factor, applicants must describe
significant previous experience in
providing housing to farm laborer’s
generally and significant previous
experience implementing development
activities with the type of financing
proposed.
Supportive Services Experience.
Applicants should demonstrate how the
scope, extent, and quality of the
applicant’s experience and/or the
experience of committed partners,
including property managers, in
providing services is consistent with the
details of the proposed supportive
services plan. The description and firm
resumes must identify specific services
provided. Applicants must explain their
experience in RHS subsidy
administration and/or their partners’
experience in providing property
management and coordinating
supportive services.
RHS will make a determination on the
level of experience of the applicant and
all Sponsors/Co-Sponsors, if applicable,
based on the information and
documentation presented within the
pre-application. Points will be awarded
as follows:
• No supportive services experience (0
points)
• Low level of supportive services
experience (1 point)
• Medium level of supportive services
experience (3 points)
• High level of supportive services
experience (6 points)
To score the highest number of points
for this factor, applicants and/or
committed partners must describe and
provide evidence of significant previous
experience in providing and
coordinating supportive services to farm
laborers.
E. Federal Award Administration
Information
1. Federal Award Notices
Applicants must submit their preapplications by the due dates specified
in this Notice. RHS will rank by score,
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7849
highest to lowest, eligible and complete
pre-applications. Based on available
funding, the 10 percent persistent
poverty counties set-aside, and the 30
percent limitation per state, RHS will
determine which pre-applications will
be selected for further processing
starting with the highest scoring preapplication. RHS will notify applicants
with pre-applications found eligible and
selected for further processing.
Applicants will be notified if there are
insufficient funds available for the
proposal and such notification is not
appealable. For applications found
ineligible or incomplete, RHS will send
notices of ineligibility that provide
appeal rights under 7 CFR part 11, as
appropriate.
RHS will rank all pre-applications
nationwide. When proposals have an
equal score and not all pre-applications
can be funded, preference will be given
first to Indian tribes as defined in
§ 3560.11, then local non-profit
organizations or public bodies whose
principal purposes include low-income
housing that meet the conditions of
§ 3560.55(c), and the following
conditions:
• Is exempt from Federal income
taxes under section 501(c)(3) or
501(c)(4) of the Internal Revenue
Service code;
• Is not wholly or partially owned or
controlled by a for-profit or limitedprofit type entity;
• Whose members, or the entity, do
not share an identity of interest with a
for-profit or limited-profit type entity;
• Is not co-venturing with another
entity; and
• The entity or its members will not
be receiving any direct or indirect
benefits pursuant to LIHTC.
If after all of the above evaluations are
completed and there are two or more
pre-applications that have the same
score, and all cannot be funded, a
lottery will be used to break the tie. The
lottery will consist of the names of each
pre-application with equal scores
printed onto a same size piece of paper,
which will then be placed into a
receptacle that fully obstructs the view
of the names. The Director of the
Production and Preservation Division,
in the presence of two witnesses, will
draw a piece of paper from the
receptacle. The name on the piece of
paper drawn will be the applicant to be
funded.
If insufficient funds or RA/OA remain
for the next ranked proposal, that
applicant will be given a chance to
modify their pre-application to bring it
within the remaining available funding.
This will be repeated for each next
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ranked eligible proposal until an award
can be made or the list is exhausted.
G. Final Application and Submission
Information
2. Administrative and National Policy
1. Final Application Submission
The pre-applications that are selected
for further processing will be invited to
submit final applications. In the event
that a pre-application is selected for
further processing and the applicant
declines, the next highest ranked preapplication will be selected for further
processing in each individual fiscal year
that this Notice is open. The final
applications will be due by the dates
specified in this Notice for the
applicable funding round.
All final applications must be filed
with RHS and must meet the
requirements of this Notice. Incomplete
final applications will be rejected and
returned to the applicant. No final
applications will be accepted after the
deadline in a given round unless the
date and time are extended by another
Notice published in the Federal
Register.
A final application in accordance
with this Notice must be submitted and
approved by RHS prior to the obligation
of funds.
The final application submission
process will be the same as previously
explained and outlined for the preapplication submission process in
Section C (1), ‘‘Pre-Application and
Submission Information.’’
All FLH loans and grants are subject
to the restrictive-use requirements
contained in 7 CFR 3560.72(a)(2).
A FLH grant agreement, prepared by
RHS, must be dated and executed by the
applicant on the date of closing, if
applicable. The form of loan resolution
to be adopted by the applicant must
contain policy and procedural
requirements that should be read and be
fully understood by the applicant’s
Board of Directors and officers. The
grant agreement will remain in effect for
so long as there is a need for FLH and
will not expire until an official
determination has been made by RHS, if
applicable.
3. Reporting
Borrowers must maintain separate
financial records for the operation and
maintenance of the project and for
tenant services. Tenant services will not
be funded by RHS. Funds allocated to
the operation and maintenance of the
project may not be used to supplement
the cost of tenant services, nor may
tenant service funds be used to
supplement the project operation and
maintenance. Detailed financial reports
regarding tenant services will not be
required unless specifically requested
by RHS, and then only to the extent
necessary for RHS and the borrower to
discuss the affordability (and
competitiveness) of the service provided
to the tenant. The project audit, or
verification of accounts on Form RD
3560–10, ‘‘Borrower Balance Sheet’’
together with an accompanying Form
RD 3560–7, ‘‘Multiple Family Housing
Project Budget/Utility Allowance’’ must
allocate revenue and expenses between
project operations and the tenant
services component.
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F. Preliminary Eligibility Assessment
RHS shall make a preliminary
eligibility assessment using the
following criteria:
1. The pre-application was received
by the applicable submission deadlines
specified in the Notice;
2. The pre-application is complete as
specified by the Notice;
3. The applicant is an eligible entity
and is not currently debarred,
suspended, or delinquent on any
Federal debt; and
4. The proposal is for authorized
purposes.
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2. Final Application Requirements
(a) The final application must contain
the following in addition to the preapplication documents that were
previously submitted:
(1) Description of any changes from
the pre-application submission
including funding, scope of work, etc.
(2) If any document that was
submitted within the pre-application
has since changed or needs to be
updated with the final application,
please submit the updated form(s) with
the final application.
(3) Final Standard Form 424,
‘‘Application for Federal Assistance.’’
(4) Final proposed Form RD 1924–13,
‘‘Estimate and Certificate of Actual
Cost.’’
(5) Final proposed post-construction
operating budget utilizing Form RD
3560–7, ‘‘Multiple Family Housing
Project Budget/Utility Allowance.’’
(6) Updated financial statements, if
applicable (must be within six months
of this Notice’s final application
submission due date of the applicable
funding round).
(7) Form RD 1910–11, ‘‘Applicant
Certification, Federal Collection Policies
for Consumer or Commercial Debts’’ can
be found at: https://
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forms.sc.egov.usda.gov//efcommon/
eFileServices/eForms/RD1910-11.PDF.
(8) Form RD 400–1, ‘‘Equal
Opportunity Agreement’’ can be found
at: https://forms.sc.egov.usda.gov/
eForms/searchAction.do?pageAction
=BrowseForms&_MenuAction=Yes.
(9) Form RD 400–6, ‘‘Compliance
Statement’’ can be found at: https://
forms.sc.egov.usda.gov/eForms/
searchAction.do?pageAction=
BrowseForms&_MenuAction=Yes.
(10) Form AD–1047, ‘‘Certification
Regarding Debarment, Suspension, and
Other Responsibility Matters Primary
Covered Transactions,’’ can be found at:
https://www.ocio.usda.gov/sites/
default/files/docs/2012/AD1047_
PrimaryCoveredTransactions_final.pdf.
This form is only required for applicants
exempt under 2 CFR 25.110 (i.e.
individual applicants).
(11) Form AD–1048, ‘‘Certification of
Debarment, Suspension, Ineligibility
and Voluntary Exclusion Lower Tier
Covered Transactions’’ if applicable, can
be found at: https://www.ocio.usda.gov/
sites/default/files/docs/2012/AD1048_
LowerTierCoveredTransactions_
final.pdf. This form is only required for
applicants exempt under 2 CFR 25.110
(i.e. individual applicants).
(12) Form AD–1049, ‘‘Certification
Regarding Drug-Free Workplace
Requirements (Grants) Alternative I—
For Grantees Other Than Individuals,’’
can be found at: https://
www.ocio.usda.gov/sites/default/files/
docs/2012/AD1049_Alt1_
GranteesOtherThanIndividuals_
v2_final.pdf.
(13) Form RD 3560–13, ‘‘Multi-Family
Project Borrower’s/Management Agent’s
Management Certification’’ if
applicable, can be found at: https://
forms.sc.egov.usda.gov//efcommon/
eFileServices/eForms/RD3560-13.PDF.
(14) Management plan with all
attachments including the proposed
record keeping system, the proposed
lease with an attorney’s certification, if
applicable, and the proposed occupancy
rules.
(15) Management Agreement, if
applicable.
(16) Final organizational documents
or Certificate of Good Standing.
(17) Attorney Certification. Letter
from the applicant’s attorney certifying
the legal sufficiency of the
organizational documents. The attorney
must certify:
(i) The applicant’s legal capacity to
successfully operate the proposed
project for the life of the loan and/or
grant.
(ii) The organizational documents
comply with RHS regulations.
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(iii) For partnership purchasers, that
the term of the partnership extends at
least through the latest maturity of all
proposed RHS debt.
(iv) That the organizational
documents require prior written RHS
approval for any of the following:
Withdrawal of a general partner/
managing member, admission of a
general partner/managing member,
amending the organizational
documents, and selling all or
substantially all of the assets of the
purchaser.
(18) Acceptable appraisal. Applicants
should contact RHS to discuss the
appraisal requirements including the
Statement of Work (SOW) prior to
engaging an appraiser. Appraisals
prepared for any other participants or
lenders may not satisfy RHS SOW
requirements and may require the
applicant to incur additional costs.
Please contact RHS at MFHprocessing1@
usda.gov to obtain a SOW prior to
ordering the appraisal.
(19) An acceptable Post Construction
Capital Needs Assessment (CNA). The
minimum requirements for a CNA
acceptable to RHS can be found in
Attachment B, CNA SOW. This is
supplemented by Attachment C, Fannie
Mae Physical Needs Assessment
Guidance to the Property Evaluator. The
CNA report must be obtained by the
CNA recipient from an independent
third-party CNA provider that has no
identity of interest with the property
owner, management agent, applicant or
any other principle or affiliate. The CNA
recipient will contract with the CNA
provider and is therefore, the client of
the provider. However, the CNA
recipient must consult with RHS, before
contracting with a CNA provider to
review Guidance Regarding Contracting
for a CNA. The RHS CNA reviewer will
evaluate a proposed agreement or
engagement letter between the CNA
recipient and the CNA provider using
Attachment D, CNA Guidance to the
Reviewer, prior to reviewing any CNA
report. Unacceptable CNA proposals,
contracts or reports will be returned to
the CNA recipient for appropriate
corrections before they will be used for
any underwriting determinations. The
CNA reviewer will also review the cost
of the CNA contract. In most cases, the
CNA service contract amount has not
exceeded $3,500 based on RHS’s most
recent cost analysis. Borrowers and
applicants are encouraged to obtain
multiple bids in all cases. However,
there is no RHS requirement to select
the ‘‘low bidder.’’ All of the information
and requirements, including the CNA
Template that the CNA must be
submitted on, can be found at: https://
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www.rd.usda.gov/programs-services/
multi-family-housing-direct-loans.
(20) Final plans and specifications
along with the proposed manner of
construction, if available. The housing
must meet RHS’s design and
construction standards contained in 7
CFR part 1924, subparts A and C, and
must also meet all applicable Federal,
state, and local accessibility standards
and be in compliance with all building
codes. The final plans and
specifications along with the proposed
manner of construction must be
submitted prior to the approval of the
final application.
(21) Final construction planning,
bidding, and contract documents,
including the construction contract and
architectural agreement, etc., if
available. The final construction
planning, bidding, and contract
documents, including the construction
contract and architectural agreement,
etc., must be submitted prior to the
approval of the final application.
(22) Environmental information in
accordance with the requirements in 7
CFR part 1970. The applicant should
consult with RHS to determine the
appropriate level of environmental
review and to obtain publicly available
resources at the earliest possible time
for guidance in identifying all relevant
environmental issues that must be
addressed and considered during early
project planning and design throughout
the process. Requests for consult
meetings can be sent to the following
email address: MFHprocessing1@
usda.gov. The applicant is responsible
for preparing and submitting the
environmental review document in
accordance with the format and
standards provided by RHS in 7 CFR
part 1970. Applicants may employ a
design or environmental professional or
technical service provider to assist them
in the preparation of their
environmental review documents at
their own expense. The levels of review
are as follows:
(i) Categorical Exclusion without an
Environmental Report (7 CFR 1970.53).
This level of review is generally
required for proposals for financial
assistance that involve minimal
alternations in the physical
environment and typically occur on
previously disturbed land.
(ii) Categorical Exclusion with an
Environmental Report (7 CFR 1970.54).
This level of review is generally
required for proposals for financial
assistance that require an applicant to
submit an environmental report with
their application to facilitate RHS’s
determination of extraordinary
circumstances. This level of review
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7851
would apply to proposals where site
development activities for rural
development purposes would impact
not more than 10 acres of real property
and would not cause a substantial
increase in traffic.
(iii) Environmental Assessment (7
CFR part 1970, subpart C).
This level of review is generally
required for proposals for financial
assistance that do not fall within the
categories listed in § 1970.53 or
§ 1970.54.
The information above applies
generally and cannot be used as official
guidance, as stated above, please contact
RHS to determine the appropriate level
of environmental review before
developing the report.
(23) The environmental information
must include evidence of compliance
with the requirements of the applicable
State Housing Preservation Office
(SHPO), and/or Tribal Historic
Preservation Officer (THPO). A letter
from the SHPO and/or THPO where the
Off-FLH project is located signed by
their designee will serve as evidence of
compliance.
(24) If leveraged funds are going to be
used and are in the form of LIHTC, the
applicant must include in the final
application a firm commitment letter
from the HFA, if available. The firm
commitment letter from the HFA must
be submitted prior to the approval of the
final application. If the applicant is
unable to secure a firm commitment
letter from the HFA in order to submit
it to RHS to meet the deadlines stated
in this Notice, the application will be
deemed incomplete and the applicant
will be notified in writing that the
application will not be considered for
funding. Additionally, the applicant
will be required to submit a letter of
intent or commitment from the investor
or syndicator for the purchase of the
LIHTC prior to the approval of the final
application.
(25) All applications that propose the
use of any leveraged funds must submit
firm commitment letters within their
final application, if available. This
includes any interim lender
commitment letters with evidence of
license to do business in the applicable
state. If the applicant is unable to secure
firm commitment letters from the
funding sources in order to submit them
to RHS to meet the deadlines stated in
this Notice, the application will be
deemed incomplete and the applicant
will be notified in writing that the
application will not be considered for
funding.
(26) Current Preliminary title
insurance commitment/binder.
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(27) Land survey with flood plain
certification.
(28) Description of how the applicant
will meet the equity contribution
requirement as applicable.
(29) Description of how the applicant
will provide the two percent initial
operating and maintenance reserve
requirement.
(30) Signed statement from the
applicant agreeing to pay cost overruns.
or grant applicant. Identity of interest is
defined in 7 CFR 3560.11.
Final Applications
Substantial Portion of Income From
Farm Labor
RHS will follow this Notice for the
processing of final applications. Final
applications will need to follow the
bidding process as set forth in 7 CFR
part 1924.
Documentation of Underwriting and
Costs
All final applications including the
loan and/or grant requests will be
analyzed using an underwriting
template that RHS has developed. A
complete analysis and underwriting of
the proposed transaction will be
completed to ensure all regulatory
requirements are met and to ensure
overall project feasibility as well as to
determine the minimum amount of
assistance that is needed for the
proposal.
Once the loan and/or grant funds have
been obligated, the applicant should be
prepared to close the transaction and
complete construction within 12–18
months. Off-FLH loans and/or grants
must be liquidated not more than three
years from the date the loan and/or
grant funds were obligated. Annually, if
the loan and/or grant funds have not
been fully liquidated, the applicant
must submit an obligation extension
request to RHS.
Questions regarding this Notice may
be directed to Jonathan Bell, Branch
Chief, Processing and Report Review
Branch 1, Production and Preservation
Division, Multifamily Housing Program,
Rural Development, United States
Department of Agriculture, or email:
MFHprocessing1@usda.gov or phone at:
254–742–9764.
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Technical Assistance Providers
Please be aware that TA services may
not be used to reimburse a non-profit or
public body applicant for technical
services provided by a non-profit
organization, with housing and/or
community development experience, to
assist the non-profit applicant entity in
the development and packaging of its
loan/grant docket and project. In
addition, TA will not be funded by RHS
when an identity of interest exists
between the TA provider and the loan
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Equal Opportunity Survey
RHS should provide applicants the
voluntary OMB 1890–0014 form,
‘‘Survey on Ensuring Equal Opportunity
for Applicants,’’ (or other forms
currently being used by RHS) and ask
the applicant to complete it and return
it to RHS.
The Notice restates the requirement
that domestic farm laborers must receive
a substantial portion of their income
from ‘‘farm labor.’’ Further explanation
of this requirement can be found in the
regulation at 7 CFR 3560.576(b)(2). The
term ‘‘farm labor’’ is defined in 7 CFR
3560.11.
H. Equal Opportunity and NonDiscrimination Requirements
In accordance with federal civil rights
law and USDA civil rights regulations
and policies, USDA, its Agencies,
offices, and 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, family/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 a complaint form, call,
(866) 632–9992. Submit your completed
form or letter to USDA by:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
(1) Mail: United States Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410;
(2) Fax: (202) 690–7442; or
(3) Email at: program.intake@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Chadwick Parker,
Acting Administrator, Rural Housing Service.
[FR Doc. 2021–02193 Filed 2–1–21; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–063]
Cast Iron Soil Pipe Fittings From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers and/or exporters of cast iron
soil pipe fittings (soil pipe fittings) from
the People’s Republic of China (China),
received countervailable subsidies
during the period of review (POR)
December 19, 2017, through December
31, 2018.
DATES: Applicable February 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Joseph Dowling, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5973 or
(202) 482–1646, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of the administrative review in
the Federal Register on October 23,
2020.1 We invited interested parties to
comment on the Preliminary Results.
On November 23, 2020, we received
a case brief from Wor-Biz Industrial
Product Co., Limited (Anhui) (WorBiz).2 3 On November 30, 2020, we
1 See Cast Iron Soil Pipe Fittings from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, 85 FR
67515 (October 23, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 On January 8, 2020, Commerce published its
final determination in a changed circumstances
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7840-7852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02193]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 /
Notices
[[Page 7840]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No. RHS-21-MFH-0004]
Notice of Solicitation of Applications for Section 514 Off-Farm
Labor Housing Loans and Section 516 Off-Farm Labor Housing Grants for
New Construction for Fiscal Year 2021
AGENCY: Rural Housing Service, United States Department of Agriculture.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS), an agency of the United
States Department of Agriculture (USDA), announces that it is
soliciting competitive pre-applications for Section 514 Off-Farm Labor
Housing (Off-FLH) loans and Section 516 Off-FLH grants for the
construction of new Off-FLH units for domestic farm laborers, retired
domestic farm laborers, or disabled domestic farm laborers. The program
objective is to increase the supply of affordable housing for farm
laborers. This Notice describes the method used to distribute funds,
the pre-application and final application process, and submission
requirements.
DATES: Eligible pre-applications submitted to the Production and
Preservation Division, Processing and Report Review Branch, for this
Notice will be accepted until November 1, 2022, 12:00 p.m., Eastern
Standard Time. See the SUPPLEMENTARY INFORMATION section for additional
information.
ADDRESSES: Applications to this Notice must be submitted electronically
to the Production and Preservation Division, Processing and Report
Review Branch. Specific instructions on how to submit applications
electronically are provided below within this Notice under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Branch Chief,
Processing and Report Review Branch 1, Production and Preservation
Division, Multifamily Housing Programs, Rural Development, United
States Department of Agriculture, via email: [email protected] or
phone at: 254-742-9764.
SUPPLEMENTARY INFORMATION: The amount of program dollars available will
be determined by yearly appropriations. Available loan and grant
funding amounts can be found at the following link: https://www.rd.usda.gov/programs-services/farm-labor-housing-direct-loans-grants. Expenses incurred in developing pre-applications and final
applications will be at the applicant's sole risk.
Application Submission Deadlines
There will be three rounds of pre-application submissions and
selections set forth below. Pre-applications that are deemed eligible
but are not selected for further processing for each individual fiscal
year that this Notice is open, will be withdrawn from processing. The
applicant may reapply in a future funding round. RHS will not consider
any application that is received after the established deadlines unless
the date and time are extended by another Notice published in the
Federal Register. RHS may at any time supplement, extend, amend,
modify, or supersede this Notice by publishing another Notice in the
Federal Register.
The application deadlines are as follows:
First Round
1. Available loan and grant funding posted to the RHS website by
February 5, 2021.
2. Pre-applications must be submitted by April 1, 2021, 12:00 p.m.,
Eastern Standard Time.
3. RHS notification to applicants by June 1, 2021.
4. Pre-application selections posted to the RHS website by July 1,
2021.
5. Final applications must be submitted by August 2, 2021, 12:00
p.m., Eastern Standard Time.
6. Funds must be obligated by September 30, 2021.
Second Round
1. Available loan and grant funding posted to the RHS website by
August 2, 2021.
2. Pre-applications will be accepted after September 1, 2021.
3. Pre-applications must be submitted by November 1, 2021, 12:00
p.m., Eastern Standard Time.
4. RHS notification to applicants by January 4, 2022.
5. Pre-application selections posted to the RHS website by March 1,
2022.
6. Final applications must be submitted by May 2, 2022, 12:00 p.m.,
Eastern Standard Time.
7. Funds must be obligated by September 30, 2022.
Third Round
1. Available loan and grant funding posted to the RHS website by
August 1, 2022.
2. Pre-applications will be accepted after September 1, 2022.
3. Pre-applications must be submitted by November 1, 2022, 12:00
p.m., Eastern Standard Time.
4. RHS notification to applicants by January 2, 2023.
5. Pre-application selections posted to the RHS website by March 1,
2023.
6. Final applications must be submitted by May 1, 2023, 12:00 p.m.,
local time.
7. Funds must be obligated by September 29, 2023.
Priority Language for Funding Opportunities
RHS encourages applications that will help advance equity and
improve outcomes in rural America. To encourage investments in rural
properties, RHS will award points to projects located in rural
Opportunity Zones where projects should provide measurable results in
helping communities build robust and sustainable economies. An
Opportunity Zone is an economically distressed community where new
investments, under certain conditions, may be eligible for preferential
tax treatment. Localities qualify as Opportunity Zones if they have
been nominated for that designation by the state and that nomination
has been certified by the Secretary of the U.S. Treasury via his
delegation of authority to the Internal Revenue Service. See https://www.irs.gov/newsroom/opportunity-zones-frequently-asked-questions for
more information.
To focus investments in areas where the need for increased
prosperity is greatest, RHS will set aside 10 percent of the available
funds for applications that will serve persistent poverty
[[Page 7841]]
counties for each individual fiscal year that this Notice is open.
Persistent poverty counties are areas where at least 20 percent of the
population is living in poverty over the last 30 years (measured by the
1980, 1990, 2000 and 2010 decennial censuses and 2007-2011 American
Community Survey five-year estimates) according to the American
Community Survey census tract data. Information on which counties are
considered persistent poverty counties can be found through the USDA
Economic Research Service (ERS) (https://ers.usda.gov/). ERS is the main
source of economic information and research for USDA and a principal
Agency of the U.S. Federal Statistical System located in Washington,
DC. Set-aside funds will be awarded in the order of receipt of pre-
applications. Once the set-aside funds are exhausted for each
individual fiscal year that this Notice is open, any further set-aside
applications will be evaluated and ranked with the other applications
submitted in response to this Notice. If, after the preapplications are
reviewed, RHS does not receive enough eligible applications to fully
utilize the 10 percent set-aside in the service of these areas in each
individual fiscal year that this Notice is open, RHS will award any
unused set-aside funds to other eligible applicants.
Overview
Federal Agency: Rural Housing Service.
Funding Opportunity Title: Notice of Solicitation of Applications
for Section 514 Off-Farm Labor Housing Loans and Section 516 and Off-
Farm Labor Housing Grants for New Construction for Fiscal Year 2021.
Announcement Type: Solicitation of applications from qualified
applicants for Fiscal Year 2021.
Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and
10.427.
A. Federal Award Description
Pre-applications will only be accepted through the dates and times
listed in this Notice. All awards are subject to the availability of
funding. The maximum award per selected project may not exceed $5
million (total loan and grant).
A state will not receive more than 30 percent of the Off-FLH
funding for each fiscal year that this Notice is open, unless there are
remaining Section 514 and Section 516 funds after all eligible
applications Nationwide have been funded. In this case, funds will be
awarded to the next highest-ranking eligible applications among all of
the remaining unfunded applications within the applicable application
round. The allocation of these funds may result in a state or states
exceeding the 30 percent limitation.
Section 516 Off-FLH grants may not exceed 90 percent of the total
development cost (TDC) of the housing. TDC is defined in 7 CFR 3560.11.
Section 514 Off-FLH loans may not exceed the limits set forth in 7 CFR
3560.562(b).
If leveraged funds are going to be used and are in the form of Low-
Income Housing Tax Credits (LIHTC), the applicant must include in the
pre- application, written evidence that a LIHTC application has been
submitted and accepted by the Housing Finance Agency (HFA). Applicants
without written evidence that a tax credit application has been
submitted and accepted by an HFA must certify in writing within the
pre-application that they will apply for tax credits to an HFA, obtain
a firm commitment letter, and include the commitment letter within
their final application submission, if available. The firm commitment
letter from the HFA must be submitted prior to the approval of the
final application. If the applicant is unable to secure a firm
commitment letter from the HFA in order to submit it to RHS by
September 30th of the relevant fiscal year, the application will be
deemed incomplete and the applicant will be notified in writing that
the application will not be considered for funding.
Pre-applications that propose the use of other forms of leveraged
funds must submit firm commitment letters within their final
application, if available. If the applicant is unable to secure a firm
commitment letter from the funding source in order to submit it by
September 30th of the relevant fiscal year, the application will be
deemed incomplete and the applicant will be notified in writing that
the application will not be considered for funding.
A firm commitment letter is defined as a lender's unqualified
pledge to the borrower that they have passed their underwriting
guidelines and they are willing to offer the borrower a loan and/or
grant under specified terms. The letter validates that the borrower's
financing has been fully approved and that the lender is prepared to
close the transaction. Preliminary commitment letters, term sheets, or
any other letter from the lender that does not meet the definition
above will not be considered a firm commitment letter and will not meet
the requirements specified in this Notice.
Rental Assistance (RA) and Operating Assistance (OA) will be
available for this Notice. OA is described in 7 CFR 3560.574 and may be
used in lieu of tenant-specific RA in Off-FLH projects financed under
Section 514 or Section 516(i) of the Housing Act of 1949 (U.S.C.
1486(i)) as amended (42 U.S.C. 1484 and 1486(h) respectively), that
serve migrant farmworkers as defined in 7 CFR 3560.11.
In order to maximize the use of the limited supply of FLH funds,
RHS may contact eligible applicants selected for an award in point
score order starting with the highest score, with proposals to modify
the transaction's proportions of loan and grant funds for each
individual fiscal year that this Notice is open. In addition, if funds
remain after the highest scoring eligible applications are selected for
awards, we may contact those eligible applicants selected for the
awards, in point score order, starting with the highest score, to
ascertain whether those respondents will accept the remaining funds for
each individual fiscal year that this Notice is open.
In order to enhance customer service and the transparency of this
program, RHS will publish a list of awardees, the loan and/or grant
amounts of their respective awards, the self-score provided by the
applicant, and the final score as computed by RHS in accordance with
the dates listed in this Notice. This will be done for each funding
round. This information can be found at: https://www.rd.usda.gov/programs-services/farm-labor-housing-direct-loans-grants. RHS reserves
the right to post all information submitted as part of the pre-
application and final application package, which is not protected under
the Privacy Act, on a public website with free and open access to any
member of the public.
B. Eligibility Information
1. Eligibility
Housing Eligibility--housing that is constructed with FLH loans
and/or grant funds must meet RHS's design and construction standards
contained in 7 CFR part 1924, subparts A and C. Once constructed, Off-
FLH must be managed in accordance with 7 CFR part 3560. In addition,
Off-FLH must be operated on a non-profit basis and tenancy must be open
to all qualified domestic farm laborers, regardless of which farm they
work. Section 514(f)(3) of the Housing Act of 1949, as amended (42
U.S.C. 1484(f)(3)) defines domestic farm laborers to include any person
regardless of the person's source of employment, who receives a
substantial portion of his/her income from the primary production of
agricultural or aqua cultural commodities in the
[[Page 7842]]
unprocessed or processed stage, and also includes the person's family.
Tenant Eligibility--tenant eligibility is limited to persons who
meet the definition of a ``domestic farm laborer,'' or a ``disabled
domestic farm laborer,'' or a ``retired domestic farm laborer'' as
defined in Section 514(f)(3) of the Housing Act of 1949, as amended (42
U.S.C. 1484(f)(3)).
Section 514(f)(3)(A) of the Housing Act of 1949 (42 U.S.C.
1484(f)(3)(A)) has been amended to extend FLH tenant eligibility to
agricultural workers legally admitted to the United States and
authorized to work in agriculture. In addition, under no circumstance
may any currently eligible FLH tenants be displaced from their homes as
a result of this statutory change.
Owners are responsible for verifying tenant income eligibility.
Only very-low or low-income households are eligible for the operating
assistance rents. Households with incomes above the low-income limits
must pay the full rent.
In accordance with 7 CFR 3560.554, off-farm labor housing may be
used to serve migrant farmworkers. Migrants or migrant agricultural
laborer is a person (and the family of such person) who receives a
substantial portion of his or her income from farm labor employment and
who establishes a residence in a location on a seasonal or temporary
basis, in an attempt to receive farm labor employment at one or more
locations away from their home base state, excluding day-haul
agricultural workers whose travels are limited to work areas within one
day of their residence.
Seasonal housing is housing that is operated on a seasonal basis,
typically for migrants or migrant agricultural laborers as opposed to
year-round. Off-FLH loan and grant funds may be used to provide
facilities for seasonal or temporary residential use with appropriate
furnishings and equipment. A temporary residence is a dwelling which is
used for occupancy, usually for a short period of time, but is not the
legal residence for the occupant.
The design and construction requirements established in Sec.
3560.60 apply to all applications for Off-FLH loans and grants except
that seasonal Off-FLH that will be occupied for eight months or less
per year by migrant farmworkers while they are away from their
residence, may be constructed in accordance with Exhibit I of 7 CFR
part 1924, subpart A.
For Off-FLH operating on a seasonal basis, the management plan must
establish specific opening and closing dates. During the off-season,
Off-FLH may be used as defined in 7 CFR part 3560, subpart A, under
short-term lease provisions. Where rents are charged on a per-unit
basis and family income qualifies the household for rental assistance,
rental assistance may be used.
Off-FLH is subject to the tenant contribution and rental unit rent
requirements for Plan II housing established under 7 CFR part 3560,
subpart E, except where seasonal housing will be occupied for less than
a three-month period. In such instances the best available and
practical income verification methods may be used with prior approval
of RHS.
Actual dollars earned from farm labor by domestic farm laborers
other than migrant farmworkers must equal at least 65 percent of the
annual income limits indicated for the Standard Federal regions as
published by RHS for their particular region of the country. For
migrant farmworkers living in seasonal housing the actual dollars
earned from farm labor by a domestic farm laborer must equal at least
50 percent of annual income limits indicated for the Standard Federal
regions, as published by RHS.
Applicant Eligibility--
(a) To be eligible to receive a Section 514 loan for Off-FLH, the
applicant must meet the requirements of 7 CFR 3560.555(a) and be a
broad-based non-profit organization of farmworkers, a Federally
recognized Indian tribe, a community organization, or an Agency or
political subdivision of state or local Government, and must meet the
requirements of Sec. 3560.55, excluding Sec. 3560.55(a)(6). A broad-
based non-profit organization is a non-profit organization that has a
membership that reflects a variety of interests in the area where the
housing will be located; or a limited partnership with a non-profit
general partner which meets the requirements of Sec. 3560.55(d).
(b) To be eligible to receive a Section 516 grant for Off-FLH, the
applicant must meet the requirements of 7 CFR 3560.555(b) and be a
broad-based non-profit organization of farmworkers, a federally
recognized Indian tribe, a community organization, or an agency or
political subdivision of State or local Government, and must meet the
requirements of Sec. 3560.55, excluding Sec. 3560.55(a)(6). A broad-
based non-profit organization is a non-profit organization that has a
membership that reflects a variety of interests in the area where the
housing will be located; and be able to contribute at least one-tenth
of the total farm labor housing development cost from its own or other
resources. The applicant's contribution must be available at the time
of the grant closing. An Off-FLH loan financed by RHS may be used to
meet this requirement, however, an RHS grant cannot be used to meet
this requirement. Limited partnerships with a non-profit general
partner are eligible for Section 514 loans; however, they are not
eligible for Section 516 grants.
(1) The applicant must be unable to provide the necessary housing
from the applicant's own resources and be unable to obtain credit from
any other source upon terms and conditions which the applicant could
reasonably be expected to fulfill.
(2) Provide evidence that the applicant is unable to obtain credit
from other sources.
(3) In order to demonstrate the applicant meets the requirement at
7 CFR 3560.55(a)(2), at least two letters from two separate credit
institutions which normally provide real estate loans in the area must
be obtained and these letters must indicate the rates and terms upon
which a loan might be provided. (Note: not required from State or local
public agencies or Indian tribes.) If two letters from two separate
credit institutions that indicate the rates and terms upon which a loan
might be provided is not submitted within the pre-application, the pre-
application will be considered incomplete and will not be considered
for funding.
(4) Broad-based non-profit organizations must have a membership
that reflects a variety of interests in the area where the housing will
be located.
2. Cost Sharing or Matching--the amount of any Off-FLH grant must
not exceed 90 percent of the TDC as provided in 7 CFR 3560.562(c)(1).
3. Other Requirements--the following requirements apply to loans
and grants made in response to this Notice:
(a) 7 CFR part 1901, subpart E, regarding equal opportunity
requirements;
(b) For grants only, 2 CFR parts 200 and 400, which establishes the
uniform administrative and audit requirements for grants and
cooperative agreements to State and local Governments and to non-profit
organizations;
(c) 7 CFR part 1901, subpart F, regarding historical and
archaeological properties;
(d) 7 CFR 1970.11, Timing of the environmental review process.
Please note, the environmental information must be submitted by the
applicant to RHS. RHS must review and determine that the environmental
information is acceptable before the obligation of funds;
(e) 7 CFR part 3560, regarding the loan and grant authorities of
the Off-FLH program;
[[Page 7843]]
(f) 7 CFR part 1924, subpart A, regarding planning and performing
construction and other development;
(g) 7 CFR part 1924, subpart C, regarding the planning and
performing of site development work;
(h) For construction financed with a Section 516 grant, the
provisions of the Davis-Bacon Act (40 U.S.C. 276(a)-276(a)-5) and
implementing regulations published at 29 CFR parts 1, 3, and 5;
(i) A credit report fee of at least $24 will be charged to the
applicant and paid to the United States Department of Agriculture. This
fee is used to pay credit reports obtained by RHS;
(j) Borrowers and grantees must take reasonable steps to ensure
that tenants receive the language assistance necessary to afford them
meaningful access to USDA programs and activities, free of charge.
Failure to provide this assistance to tenants who can effectively
participate in or benefit from Federally assisted programs or
activities may violate the prohibition under Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d et seq. and Title VI regulations
against national origin discrimination.
(k) In accordance with 7 CFR 3560.60, the housing must be
economical to construct, operate, and maintain and must not be of
elaborate design or materials.
(l) System for Awards Management. All program applicants must be
registered in the System for Awards Management (SAM) prior to
submitting an application, unless determined exempt under 2 CFR 25.110.
Federal award recipients must maintain an active SAM registration with
current information at all times during which it has an active Federal
award or an application under consideration by the Agency. The
applicant must ensure that the information in the database is current,
accurate, and complete. Applicants must ensure they complete the
Financial Assistance General Certifications and Representations in SAM.
C. Pre-Application and Submission Information
1. Pre-Application Submission
The application process will be in two phases, for each individual
fiscal year that this Notice is open: The initial pre-application and
the submission of a final application. Only those pre-applications that
are selected for further processing will be invited to submit a final
application. In the event that a pre-application is selected for
further processing and the applicant declines, the next highest ranked
pre-application will be selected for further processing in each
individual fiscal year that this Notice is open. All pre-applications
for Section 514 and Section 516 funds must meet the requirements of
this Notice. Incomplete pre-applications will be rejected and returned
to the applicant. No pre-application will be accepted after the
deadline in a given round unless the date and time is extended by
another Notice published in the Federal Register.
Pre-applications should be submitted electronically. The process
for submitting an electronic application to RHS is as follows:
(a) At least two business days prior to the application deadline
for the applicable funding round, the applicant must email RHS a
request to create a shared folder in CloudVault. The email must be sent
to the following address: [email protected]. The email must
contain the following information:
(1) Subject line: ``Off-FLH Application Submission.''
(2) Body of email: Borrower Name, Project Name, Borrower Contact
Information, Project State.
(3) Request language: ``Please create a shared CloudVault folder so
that we may submit our application documents.''
Once the email request to create a shared CloudVault folder has
been received, a shared folder will be created within two business
days. When the shared CloudVault folder is created by RHS, the system
will automatically send an email to the applicant's submission email
with a link to the shared folder. All required application documents in
accordance with this Notice must be loaded into the shared CloudVault
folder. When the submission deadline is reached for each applicable
funding round, the applicant's access to the shared CloudVault folder
will be removed. Any document uploaded to the shared CloudVault folder
after the application deadline, for each applicable funding round, will
not be reviewed or considered.
The applicant should upload a Table of Contents of all of the
documents that have been uploaded to the shared CloudVault folder.
Last-minute requests and submissions may not allow adequate time for
the submission process to take place prior to the deadline. Applicants
are reminded that all submissions must be received by the deadline, for
each applicable funding round, and the application will be rejected if
it is not received by the deadline date and time, regardless of when
the application was submitted.
(b) Prior to the submission of a pre-application, the applicant is
encouraged to schedule a concept meeting with RHS to discuss the
application process, the specifics on the proposed project, and the
borrower's responsibilities under the Off-FLH program, among other
topics. Requests for concept meetings can be sent to the following
email address: [email protected].
(c) If a pre-application is accepted for further processing, the
applicant must submit a final application, acceptable to RHS, prior to
the obligation of funds. If the pre-application is not accepted for
further processing due to being incomplete or ineligible, the applicant
will be notified of appeal rights under 7 CFR part 11. Pre-applications
that are deemed eligible but are not selected for further processing
for each individual fiscal year that this Notice is open will be
withdrawn from processing. The applicant may reapply in a future
funding round.
2. Pre-Application Requirements
(a) The pre-application must contain the following:
(1) An executed and dated Executive Summary on the applicant's
letterhead that must include at least the following:
(i) Brief description of the proposed project. Be sure to address
if the project will be used year-round or seasonally and to what
standards the housing will be built.
(ii) Document the need for the project. The applicant must document
that the housing and related facilities will fulfill a pressing need in
the area in which the project will be located.
(iii) Description of the proposed ownership structure with an
organizational chart.
(iv) Narrative verifying the applicant's ability to meet the
eligibility requirements stated earlier in this Notice.
(v) A statement of the applicant's experience in operating labor
housing or other rental housing. If the applicant's experience is
limited, additional information should be provided to indicate how the
applicant plans to compensate for this limited experience (i.e.,
obtaining assistance and advice of a management firm, non-profit group,
public agency, or other organization which is experienced in rental
management and will be available on a continuous basis).
(vi) Description of the applicant's legal and financial capability
to carry out the obligation of the loan and/or grant.
(vii) Proposed management. A brief statement explaining the
applicant's proposed method of operation and management (i.e., on-site
manager, contract for management services, etc.).
[[Page 7844]]
As stated earlier in this Notice, the housing must be managed in
accordance with the program's management regulations, 7 CFR part 3560.
(viii) Description of established site control.
(ix) Proposed Return to Owner (RTO), if applicable.
(x) Any financial commitments, financial concessions, or other
economic benefits proposed to be provided by RHS.
(xi) Third-party funding, if applicable. For each third-party
funding source or leveraged funds, discuss briefly the funding
provider, funding amount, including terms, commitment status, timing
issues, any restrictions that will be applicable to the project, and
whether any accommodation from RHS is proposed, such as a subordination
in lien position. The desired lien position of any third-party funding
source must be clearly disclosed as well as any proposal for RHS to
subordinate its lien position.
(xii) Any proposed compensation to parties having an identity of
interest with either the seller, purchaser, consultant, or Technical
Assistance (TA) provider, etc.
(xii) Any proposed construction financing, for example, a
construction or bridge loan or the use of multiple advances.
(xiv) Type and method of construction such as owner builder,
negotiated bid, or contractor method.
(xv) If a FLH grant is desired, a statement concerning the need for
a FLH grant. The statement must include estimates of the rents required
with a grant and rents required without a grant. Documentation to
demonstrate how the rent figures were computed must be provided.
Documentation must be in the form of a completed Form RD 3560-7
``Multiple Family Housing Project Budget/Utility Allowance'' completed
as if a grant were received and another form completed as if a grant
would not be received. RHS will review each budget to determine that
the income and expenses are reasonable and customary for the area. RHS
will then verify that the proposed rental rates provided on the budget
that considers rents without a grant, are at or above market rate rents
or at a level that would overburden the intended residents based on the
average income of eligible FLH workers in the primary market area as
provided in the market study.
(xvi) If RA or OA is desired, a statement concerning the need for
the RA or OA and a statement concerning the specific number of units of
RA or OA that is needed. Strong and detailed justification must be
provided for requests of 100 percent RA or OA.
(xvii) Statement by the applicant that they will pay any cost
overruns.
(xviii) Estimated development timeline to include estimated start
and end date as well as any other important milestones.
(xix) Description of any required site development such as building
roads, obtaining easements, installing utilities, verification that
there is proper site access, and any state or local approvals such as
zoning.
(xx) Description of the required and intended applicant
contribution.
(xxi) Any other pertinent information that the applicant feels
should be disclosed as part of this proposal, if applicable.
(2) Standard Form 424 ``Application for Federal Assistance'' which
can be obtained at: https://www.grants.gov/.
(3) Current (within six months of this Notice's pre-application
submission due date of the applicable funding round) financial
statements for each entity within the ownership structure with the
following paragraph certified by the applicant's designated and legally
authorized signer:
``I/we certify the above is a true and accurate reflection of our
financial condition as of the date stated herein. This statement is
given for the purpose of inducing the United States of America to make
a loan or to enable the United States of America to make a
determination of continued eligibility of the applicant for a loan as
requested in the loan application of which this statement is a part.''
(4) A check for $24 made out to the United States Department of
Agriculture. This will be used to pay for credit reports obtained by
RHS. The check must be mailed to the following address and received
prior to the application deadline for the applicable funding round. If
the check is not received by the application deadline for the
applicable funding round, the application will be considered incomplete
and will not be considered for funding.
Tonya Boykin, Management Assistant, United States Departments of
Agriculture, 1400 Independence Avenue SW, Room 1263-S, STOP 0782,
Washington, DC 20250
(5) Evidence that the applicant is unable to obtain credit from
other sources. At least two letters from two separate credit
institutions which normally provide real estate loans in the area must
be obtained and these letters must indicate the rates and terms upon
which a loan might be provided. RHS will review each letter to verify
that the applicant is only able to obtain market rate financing, which
would include a market rate interest rate and term of less than 30
years.
(6) Letter from the IRS indicating the applicant's tax
identification number.
(7) Documentation verifying the applicant's DUNS number, if
applicable.
(8) Proposed limited partnership agreement and certificates of
limited partners, if applicable. (Agency requirements should be
contained in one section of the agreement and their location identified
by the applicant or their attorney in a cover sheet.)
(9) If a non-profit organization:
(i) Tax-exempt ruling from the IRS designating them as a 501(c)(3)
or 501(c)(4) organization. If the designation is pending, a copy of the
designation request must be submitted.
(ii) Purpose statement, including the provision of low-income
housing.
(iii) Evidence of organization under Tribal, state and local law,
or copies of pending applications and a copy of the applicant's
charter, Articles of Incorporation, and by-laws.
(iv) List of Board of Directors including their names, occupations,
phone numbers, and addresses.
(v) If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
(10) Market feasibility documentation to identify the supply and
demand for Off-FLH in the primary market area. A market study must be
submitted. The market area must be clearly identified and may include
only the area from which tenants can reasonably be drawn for the
proposed project. Documentation must be provided to justify a need
within the intended primary market area for the housing of domestic
farm laborers. The documentation must also consider disabled and
retired farm workers and adjusted medium incomes of very-low, low, and
moderate. The market study must include all of the content in Exhibit
4-10 and Exhibit 4-11. These exhibits are located in HB-1-3560, Chapter
4, Section 4.18. The market study must also include documentation of
all the elements in Attachment 4-F, located in HB-1-3560, Chapter 4.
The provider must include a copy of Attachment 4-F within the report
and provide the page number of the report where it contains the
information that satisfies each element of Attachment 4-F. The market
study must be obtained from, and performed by, an independent third-
party provider that has no identity of interest with the property
owner, management agent, applicant or any other principle or
[[Page 7845]]
affiliate. The market study must also include the following:
(i) The annual income level of farmworker families in the area and
the probable income of the farm workers who will likely occupy the
proposed housing;
(ii) A realistic estimate of the number of farm workers who remain
in the area where they harvest and the number of farm workers who
normally migrate into the area. Information on migratory workers should
indicate the average number of months the migrants reside in the area
and an indication of what type of households are represented by the
migrants (i.e., single individuals as opposed to families);
(iii) General information concerning the type of labor-intensive
crops grown in the area and prospects for continued demand for farm
laborers;
(iv) The overall occupancy rate for comparable rental units in the
area and the rents charged and customary rental practices for these
units (i.e., will they rent to large families, do they require annual
leases, etc.);
(v) The number, condition, adequacy, rental rates and ownership of
units currently used or available to farm workers;
(vi) Information on any proposed new construction of housing units
within the primary market area. The building permit information and
pending tax credit applications must be checked for the primary market
area;
(vii) Documentation verifying that interviews were conducted with
farms and other agricultural businesses within the primary market area
to inquire if they are in need of additional housing for their
employees or if they plan to expand and hire additional employees that
will need housing; and
(viii) A description of the proposed units, including the number,
type, size, rental rates, amenities such as carpets and drapes, related
facilities such as a laundry room or a community room and other
facilities providing supportive services in connection with the housing
and the needs of the prospective tenants such as a health clinic or day
care facility.
(11) Evidence of site control, such as an executed option contract
or sales contract. In addition, a map and description of the proposed
site, including the availability of water, sewer, and utilities and the
proximity to community facilities and services such as shopping,
schools, transportation, doctors, dentists, and hospitals. Off-FLH
projects must comply with the site requirements in 7 CFR 3560.558 with
the exception of the requirement that the property be located in a
designated place.
(12) A supportive services plan which describes services that will
be provided on-site or made available to tenants through cooperative
agreements with service providers in the community, such as a health
clinic or day care facility. Off-site services must be accessible and
affordable to farm workers and their families. A map showing the
location of supportive services must be included. Letters of commitment
from service providers are acceptable documentation. The plan must
describe how the services will be funded. RA may not fund supportive
services.
(13) Preliminary plans and specifications, including a plot plan,
site plan with contour lines, floor plan for each living unit type and
other spaces, such as laundry facilities, community rooms, stairwells,
etc., building exterior elevations, typical building exterior wall
section, building layouts, and type of construction and materials. The
housing must meet RHS's design and construction standards contained in
7 CFR part 1924, subparts A and C, and must also meet all applicable
federal, state, and local accessibility standards and be in compliance
with all building codes. Also, applications for Off-FLH loans and
grants must meet the design requirements in 7 CFR 3560.559.
(14) Provide a description of the proposed interior/exterior
washing facilities. Applicants should consider incorporating interior/
exterior washing facilities for tenants, as necessary to protect the
asset and the tenants from excess dirt and chemical exposure. Such
facilities might include a boot washing station or hose bibs, among
others.
(15) Description and justification of related facilities and a
schedule of separate charges for the related facilities.
(16) The applicant must submit a checklist, certification, and
signed affidavit by the project architect or engineer, as applicable,
for any energy programs the applicant intends to participate in.
(17) A Sources and Uses Statement which shows all sources of
funding included in the proposed project. The terms and schedules of
all sources included in the project should be included in the Sources
and Uses Statement. (Note: Section 516 grants may not exceed 90 percent
of the TDC of the project).
(18) Evidence of the submission of the project description to the
applicable State Housing Preservation Office (SHPO), and/or Tribal
Historic Preservation Officer (THPO) with the request for comments.
(19) Evidence of compliance with Executive Order 12372. The
applicant must send a copy of Form SF-424, ``Application for Federal
Assistance,'' to the applicant's State clearinghouse for
intergovernmental review. If the applicant is located in a State that
does not have a clearinghouse, the applicant is not required to submit
the form. However, evidence that the State does not have a
clearinghouse must be submitted. Applications from Federally recognized
Indian tribes are not subject to this requirement.
(20) Phase I Environmental Site Assessment, ASTM E-1527 (Phase I
ESA).
(22) FEMA Form 81-93, Standard Flood Hazard Determination.
(23) Comments regarding relevant offsite conditions.
(24) The following forms are required to be submitted with the pre-
application:
(i) Awards made under this Notice are subject to the provisions
contained in the Consolidated Appropriations Act, 2021 (Pub. L. 116-
260) sections 745 and 746 regarding felony convictions and corporate
Federal tax delinquencies. To comply with these provisions, applicants
that are, or propose to be, corporations will submit form AD-3030,
``Representations Regarding Felony Conviction and Tax Delinquent Status
for Corporate Applicants,'' as part of their pre-application. Form AD-
3030 can be found at: https://www.ocio.usda.gov/document/ad3030.
(ii) A prepared Form HUD-935.2A, ``Affirmative Fair Housing
Marketing Plan (AFHMP)--Multifamily Housing'' in accordance with 7 CFR
1901.203(c). The AFHMP will reflect that occupancy is open to all
qualified ``domestic farm laborers,'' regardless of which farming
operation they work for, and that they will not discriminate on the
basis of race, color, sex, age, disability, marital or familial status
or National origin in regard to the occupancy or use of the units. The
AFHMP must include all attachments and supporting documentation. The
form can be found at: https://portal.hud.gov/hudportal/documents/huddoc?id=935-2a.PDF.
Indian Tribes, including instrumentalities of such Indian Tribes,
are not required to comply with certain aspects of the AFHMP guidelines
above, and may allow members of Indian Tribes to be given preference
for housing. The Native American Housing Enhancement Act of 2005
(NAHEA), Public Law 109-136, Codified at 25 U.S.C. 4101 et seq.,
amended Title V of the Housing Act of 1949 (42 U.S.C. 1471
[[Page 7846]]
et seq.) which created the housing programs administered by the United
States Department of Agriculture, Rural Housing Service. The NAHEA
excludes Indian Tribes, including instrumentalities of such Indian
Tribes, from the requirement to comply with Title VI of the Civil
Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968,
allowing members of Indian Tribes to be given preference for housing in
accordance to the Native American Housing Assistance and Self
Determination Act of 1996 (25 U.S.C. 4101 et seq.).
The NAHEA does not exempt Indian Tribes from complying with other
laws that apply to recipients of Federal financial assistance.
Therefore, federally recognized Indian Tribes must continue to comply
with Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and Title IX of the Education Amendments
Act of 1972, where applicable. The NAHEA also did not exempt Indian
Tribes from complying with the accessibility requirements of the Fair
Housing Amendments Act (FHAA) of 1988. This Act amended Title VIII of
the Fair Housing Act of 1968, to include disability and familial
status. Therefore, the NAHEA did not specifically exempt Indian Tribes
from the accessibility requirements of the FHAA. The requirements to
construct multi-family housing properties accessible to, or adaptable
for, persons with disabilities are to be followed. This requirement
shall be consistent with RD Instructions 7 CFR part 3560, Sec.
3560.60, Design Requirements.
(iii) A proposed post-construction operating budget utilizing Form
RD 3560-7, ``Multiple Family Housing Project Budget/Utility Allowance''
can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF.
RHS will review the budget to determine that the income and
expenses are reasonable and customary for the area. RHS will also
verify that the budget reflects the correct and estimated RHS debt
service, number of units, unit mix, and proposed rents. Overall, RHS
will review the budget for feasibility, accuracy, and reasonableness.
(iv) An estimate of development costs utilizing Form RD 1924-13
``Estimate and Certificate of Actual Cost'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
(v) Form RD 3560-30, ``Certification of no Identity of Interest
(IOI),'' if applicable, can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF.
(vi) Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification'' if applicable, can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF.
An IOI is defined in 7 CFR 3560.11. RHS will review Form RD 3560-30
and Form RD 3560-31, as applicable, to determine if they are completed
in accordance with the Forms Manual Insert and to determine that all
IOI's have been disclosed. TA will not be funded by RHS when an IOI
exists between the TA provider and the loan or grant applicant.
(vii) Form HUD 2530, ``Previous Participation Certification'' can
be found at: https://www.hud.gov/sites/dfiles/OCHCO/documents/2530.pdf.
(viii) If requesting RA or OA, Form RD 3560-25, ``Initial Request
for Rental Assistance or Operating Assistance'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-25.PDF.
(ix) Form RD 400-4, ``Assurance Agreement'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF.
(x) RD Instruction 1940-Q, Exhibit A-1, ``Certification for
contracts, grants and loans,'' can be found at: https://www.rd.usda.gov/files/1940q.pdf.
A separate one-page information sheet listing each of the pre-
application scoring criteria contained in this Notice, followed by a
reference to the page numbers of all relevant material and
documentation that is contained in the proposal that supports the
criteria. Applicants are encouraged to include a checklist of all of
the application requirements in accordance with this Notice and to have
their electronic application submission documents indexed in the order
of this Notice to facilitate the review process. If any of the required
items listed above are not submitted within the pre-application in
accordance with this Notice or are incomplete, the pre-application will
be considered incomplete and will not be considered for funding.
RHS will not consider information from an applicant after the pre-
application deadline for the applicable funding round. RHS may contact
the applicant to clarify items in the application. RHS will uniformly
notify applicants of each curable deficiency. A curable deficiency is
an error or oversight that if corrected it would not alter, in a
positive or negative fashion, the review and rating of the application.
An example of a curable (correctable) deficiency would be
inconsistencies in the amount of the funding request.
D. Pre-Application Review Information
1. Selection Criteria. Section 514 Off-FLH loan funds and Section
516 Off-FLH grant funds will be distributed to states based on a
national competition, as follows:
(a) RHS will accept, review, and score pre-applications in
accordance with this Notice.
(1) Points will be allocated for applications that leverage other
funds based on the ratio of leveraged funds to RHS's total investment.
This is calculated as follows:
The leverage ratio equals the sum of all permanent third-party
project investments plus RHS's allowed value of donated land. The value
of the donated land will be calculated in accordance with RHS's HB-1-
3560. The amount of permanent third-party project investments is
limited to third-party funds from equity, grants, loans, and deferred
developer fees. To obtain the ratio from which the leveraged funds
points are derived, the leveraged fund amount is divided by RHS's
investment, which equals the total amount of approved Section 514 loans
and/or Section 516 grants. For example:
[GRAPHIC] [TIFF OMITTED] TN02FE21.002
[[Page 7847]]
The leverage ratio is multiplied by 10 to determine the points
value for this section. Using the above leverage ratio, this would be
5.167 x 10, which equates to 51.67 score points for leverage.
A score point for leverage of more than zero but less than one will
be rounded to one point. A score point for leverage of zero or less
will not receive any points. There is no maximum amount of score points
for leverage. All score points for leverage will be rounded to two
decimal places.
Donated land must meet the requirements of 7 CFR 3560.56(c)(1)(iv).
Land that has been donated and received points in the scoring process
as donated land may not be considered an equity contribution nor may a
return on the value of the land be allowed.
(2) The presence of operational cost savings, such as tax
abatements, non-RHS tenant subsidies or donated services are calculated
on a per-unit cost savings for the sum of the savings. Savings must be
available for at least five years and documentation must be provided
within the pre-application demonstrating the availability of savings
for five years. To calculate the savings, take the total amount of
savings and divide it by the number of units in the project that will
benefit from the savings to obtain the per-unit cost savings. For non-
RHS tenant subsidy, if the value changes during the five-year
calculation, the applicant must use the lower of the non-RHS tenant
subsidy to calculate per-unit cost savings. For example, a 10-unit
property with 100 percent designated farm labor housing units receiving
$20,000 per year non-RHS subsidy yields a cost savings of $100,000
($20,000 x 5 years); resulting in a $10,000 per-unit cost savings
($100,000/10 units).
Use the following table to apply points:
------------------------------------------------------------------------
Per-unit cost savings Points
------------------------------------------------------------------------
Above $15,000................................................ 50
$10,001-$15,000.............................................. 35
$7,501-$10,000............................................... 20
$5,001-$7,500................................................ 15
$3,501-$5,000................................................ 10
$2,001-$3,500................................................ 5
$1,000-$2,000................................................ 2
------------------------------------------------------------------------
Documentation must be provided within the pre-application that
verifies the presence of operational cost savings. RHS will not be
providing excess assistance to the project. This is determined by
conducting a subsidy layering review and underwriting prior to the
obligation of funds.
(3) Ten points will be awarded to projects in Opportunity Zones. An
Opportunity Zone is an economically distressed community where new
investments, under certain conditions, may be eligible for preferential
tax treatment. Localities qualify as Opportunity Zones if they have
been nominated for that designation by the state and that nomination
has been certified by the Secretary of the U.S. Treasury via his
delegation of authority to the IRS. See https://www.irs.gov/newsroom/opportunity-zones-frequently-asked-questions for more information.
Documentation must be provided within the pre-application that verifies
the property is within an Opportunity Zone.
(4) Points will be allocated for the presence of tenant supportive
services. Two points will be awarded for each tenant service included
in the tenant supportive services plan up to a maximum of 10 points.
The plan must describe the proposed supportive services, including a
description of the public or private funds that are expected to fund
the proposed services as well as the way the services will be
delivered, who will administer them, and where they will be
administered. All tenant service plans must include letters of intent
that clearly state the service that will be provided at the project for
the benefit of the residents from any party administering each service,
including the applicant. These services may include, but are not
limited to, transportation related services, on-site English as a
Second Language classes, move-in funds, emergency assistance funds,
homeownership counseling, food pantries, after school tutoring, and
computer learning centers. The proposed supportive services plan must
describe how the services will meet the identified needs of the tenants
and how the services will be provided on a consistent, long-term basis
to support the tenants. The plan must clearly state how the services
will be funded. RA may not be used to pay for these services.
(5) Points will be allocated for Energy initiatives (the aggregate
points for all the Energy Initiative categories may not exceed (20
points)).
Properties may receive points for energy initiatives in the
categories of energy conservation, energy generation, water
conservation and green property management. Properties may earn
``energy initiative'' points for new construction.
National energy programs including the U.S. Green Building
Council's Leadership in Energy and Environmental Design (LEED (National
Association of Homebuilders 2020 ICC 700 National Green Building
Standard, U.S. Department of Energy (DOE) Zero Energy Ready Homes,
International Living Future Institute's Living Building Challenge, U.S.
Environmental Protection Agency (EPA) Energy Star for Homes, Passive
House Institute's PHIUS +, Enterprise Community Partners Green
Communities, and local energy conservation programs, will each have an
initial checklist indicating prerequisites for participation in its
energy program. The applicable energy program checklist will establish
whether prerequisites for the energy program's participation will be
met. All checklists must be accompanied by a signed affidavit by the
project architect or engineer stating that the goals are achievable,
and the project has been enrolled in these programs if enrollment is
applicable to that program. These programs evolve and newer versions
are published, sometimes annually. Projects must participate in the
current version of the programs and must consult with the program
provider for the most current, applicable and available programs for
their project location. In addition, projects that apply for points
under the energy generation category must include calculations of
savings of energy. Compare property energy usage of three scenarios:
(1) Property built to required code of state with no renewables, to (2)
property as-designed with commitments to stated energy conservation
programs without the use of renewables and (3) property as-designed
with commitments to stated energy conservation programs and the use of
proposed renewables. Use local average metrics for weather and utility
costs and detail savings in kWh and dollars. Provide payback
calculations. These calculations must be done by a licensed engineer or
credentialed renewable energy provider. Include with the application,
the provider/engineer's credentials including qualifications,
recommendations, and proof of previous work. The checklist, affidavit,
calculations, and qualifications of the engineer/energy provider must
be submitted together with the pre-application.
Enrollment in EPA Portfolio Manager Program. All projects awarded
scoring points for energy initiatives must enroll the project in the
EPA Portfolio Manager program to track post-construction energy
consumption data. More information about this program may be found at:
https://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/use-portfolio-manager.
(i) Energy Conservation for New Construction. Projects may be
eligible for scoring points when the pre-application includes a written
[[Page 7848]]
certification by the applicant to participate and achieve certification
in the following energy efficiency programs.
The points will be allocated as follows:
Participation in the EPA's Energy Star Multifamily New
Construction Certification Process (5 points). https://www.energystar.gov/partner_resources/residential_new/homes_prog_reqs/multifamily_national_page
OR
Participation in the Green Communities program by the
Enterprise Community Partners (2020 Criteria). (7 points) https://www.enterprisecommunity.org/solutions-and-innovation/green-communities
OR
Participation in one of the following two programs will be
awarded points for certification.
Note: Each program has four levels of certification. State the
level of certification that the applicant's plans will achieve in their
certification:
LEED Residential BD&C program by the United States Green
Building Council (USGBC): https://www.usgbc.org.--Certified Level (6
points), OR--Silver Level (7 points), OR--Gold Level (8 points), OR--
Platinum Level (9 points)
The applicant must state the level of certification that the
applicant's plans will achieve in their certification in the pre-
application.
OR
The National Association of Home Builders (NAHB) 2020 ICC
700 National Green Building Standard: https://www.nahb.org/
--Green-Bronze Level (6 points), OR
--Silver Level (7 points), OR--Gold Level (8 points), OR--Emerald Level
(9 points). Applicant must state the level of certification that the
applicant's plans will achieve in their certification in the pre-
application.
OR
Participation in the DOE Zero Energy Ready Homes program.
(9 points) https://www.energy.gov/eere/buildings/zero-energy-ready-homes
OR
PHIUS+ Passive Building Standard (2018) (10 points)
https://multifamily.phius.org/service-category/phius-within-reach
OR
International Living Future Institute Living Building
Challenge (11 points) https://living-future.org/lbc/
AND
Participation in local green/energy efficient building
standards. Applicants who participate in a city, county or municipality
programs (1 points).
(ii) Energy Generation. Projects that commit to participate in the
above-mentioned programs in section i) also will receive scoring points
for installation of on-site renewable energy sources. Energy analysis
of preliminary building plans using industry-recognized simulation
software must document the projected total energy consumption of all
the building components and building site usage. 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 get the building a net-zero or net positive
consumer/producer of energy) will be awarded points as follows:
0 to 9 percent commitment to energy generation--0 points
10 to 20 percent commitment to energy generation--1 point
21 to 40 percent commitment to energy generation--2 points
41 to 60 percent commitment to energy generation--3 points
61 to 80 percent commitment to energy generation--4 points
81 to 100 percent or more commitment to energy generation--5
points
Projects may participate in Power Purchase Agreements or Solar
Leases to achieve their on-site renewable energy generation goals
provided that the financial obligations of the lease/purchase
agreements are clearly documented and included in the pre-application,
and qualifying ratios continue to be achieved.
An additional one point (1 point) will be awarded for off-grid
systems, or elements of systems, provided that at least five percent of
the on-site renewable system is off-grid. See www.dsireusa.org for
State and local specific incentives and regulations of energy
initiatives.
(iii) Water Conservation in Irrigation Measures. Projects may be
awarded one point (1 point) for the use of an engineered recycled water
(gray water or storm water) for landscape irrigation covering 50
percent or more of the property's site landscaping needs.
(iv) Property Management Credentials. Projects may be awarded one
point (1 point) if the designated property management company or
individuals that will assume maintenance and operation 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, USGBC LEED for
Operations and Maintenance, or another source with a certifiable
credentialing program. Credentialing must be illustrated in the
resume(s) of the property management team and included with the pre-
application.
(6) Market. The applicant must provide the required market study as
described above in Section C, Pre-application and Submission
Information, number 11 and will be awarded points as follows:
Need. Applications will be rated on the absorption ratio. The
absorption ratio is computed by dividing the number of units in the
proposed project by the number of income eligible and farm labor
eligible households within the primary market area.
Evidence of Strong Need (4 points). An absorption ratio of
15 percent or less.
Evidence of Need (2 points). An absorption ratio greater
than 15 percent and less than 30 percent.
No Evidence of Need (0 points). An absorption ratio 30
percent or greater.
Neighborhood and Context. Applicants must demonstrate that the
location of the site supports farm labor housing. The applicant must
identify the location, the proximity, and ease of access of the project
site to amenities important to the residents that supplement the
services provided on-site. The site location will be rated on the
following:
Health care and social services (hospital, medical clinic,
social service organization that offers services to farm workers) (2
points);
Grocery stores (e.g., supermarket or other store that
sells produce and meat) (2 points);
Recreational facilities (e.g., parks and green space,
community center, gym, health club, or family entertainment venue,
library) (2 points);
Civic facilities (e.g., place of worship, police or fire
station, post office) (2 points);
Other neighborhood-serving amenities (e.g., apparel store,
convenience store, pharmacy, bank, hair care, and restaurants) (2
points).
Applicants must describe how residents could reasonably access
critical amenities. Amenities will generally be considered readily
available if they are within one-half mile walking distance or they can
be accessed by public transportation (within one-quarter walking mile)
[[Page 7849]]
including accessible public transportation option, and/or affordable
private door-to-door shuttle/van service that is reliable and
accessible. Applicants may commit to providing such transportation
services if the nature of the commitment and the financing of the
commitment is adequately described. Project funds cannot be used for
this purpose.
To score the maximum number of points on this factor, applicants
must make a compelling argument that the location of the proposed
project is well suited with respect to proximate amenities to meet the
needs of farm workers. Documentation must be provided that clearly
outlines the project site and its proximity to the applicable
amenities.
(7) Owner capacity. This factor addresses the extent to which the
applicant, or a member of the applicant's team, has the experience and
organizational resources to successfully implement the proposed
activities in a timely manner. In this rating factor, RHS will consider
the extent to which the application demonstrates the applicant's
ability to develop and operate FLH on a long-term basis. In the case of
co-sponsored applications, the rating will be based upon the
combination of the experience of all co-sponsors in the area under
review.
A firm resume must be provided for the applicant and all Sponsors/
Co-Sponsors. Each resume must include evidence of development
experience and services experience, as applicable. In addition, the
resume should include a description of all similar projects that the
applicant and Sponsors/Co-Sponsors have been involved with, to include
whether they were Federal housing projects, and information regarding
the success of the projects.
Development Experience. Applicants should demonstrate how the
scope, extent, and quality of the Sponsor's and/or their consultant
team's recent experience in developing and operating housing is
consistent with the details of the proposed project. The evaluation
will consider experience with LIHTC, FLH with RHS funds, and other
complex financing development transactions to the extent such expertise
is relevant to the proposal, experience that shows familiarity with FLH
and experience operating Federally assisted housing, which may be
demonstrated by providing supporting data related to actual
performance. The description or firm resumes must include any rental
housing projects and supportive services facilities that the applicant
sponsored, owns or operates.
RHS will make a determination on the level of experience of the
applicant and all Sponsors/Co-Sponsors, if applicable, based on the
information and documentation presented within the pre-application.
Points will be awarded as follows:
No development experience (0 points)
Low level of development experience (2 points)
Medium level of development experience (5 points)
High level of development experience (10 points)
To score the highest number of points for this factor, applicants
must describe significant previous experience in providing housing to
farm laborer's generally and significant previous experience
implementing development activities with the type of financing
proposed.
Supportive Services Experience. Applicants should demonstrate how
the scope, extent, and quality of the applicant's experience and/or the
experience of committed partners, including property managers, in
providing services is consistent with the details of the proposed
supportive services plan. The description and firm resumes must
identify specific services provided. Applicants must explain their
experience in RHS subsidy administration and/or their partners'
experience in providing property management and coordinating supportive
services.
RHS will make a determination on the level of experience of the
applicant and all Sponsors/Co-Sponsors, if applicable, based on the
information and documentation presented within the pre-application.
Points will be awarded as follows:
No supportive services experience (0 points)
Low level of supportive services experience (1 point)
Medium level of supportive services experience (3 points)
High level of supportive services experience (6 points)
To score the highest number of points for this factor, applicants
and/or committed partners must describe and provide evidence of
significant previous experience in providing and coordinating
supportive services to farm laborers.
E. Federal Award Administration Information
1. Federal Award Notices
Applicants must submit their pre-applications by the due dates
specified in this Notice. RHS will rank by score, highest to lowest,
eligible and complete pre-applications. Based on available funding, the
10 percent persistent poverty counties set-aside, and the 30 percent
limitation per state, RHS will determine which pre-applications will be
selected for further processing starting with the highest scoring pre-
application. RHS will notify applicants with pre-applications found
eligible and selected for further processing.
Applicants will be notified if there are insufficient funds
available for the proposal and such notification is not appealable. For
applications found ineligible or incomplete, RHS will send notices of
ineligibility that provide appeal rights under 7 CFR part 11, as
appropriate.
RHS will rank all pre-applications nationwide. When proposals have
an equal score and not all pre-applications can be funded, preference
will be given first to Indian tribes as defined in Sec. 3560.11, then
local non-profit organizations or public bodies whose principal
purposes include low-income housing that meet the conditions of Sec.
3560.55(c), and the following conditions:
Is exempt from Federal income taxes under section
501(c)(3) or 501(c)(4) of the Internal Revenue Service code;
Is not wholly or partially owned or controlled by a for-
profit or limited-profit type entity;
Whose members, or the entity, do not share an identity of
interest with a for-profit or limited-profit type entity;
Is not co-venturing with another entity; and
The entity or its members will not be receiving any direct
or indirect benefits pursuant to LIHTC.
If after all of the above evaluations are completed and there are
two or more pre-applications that have the same score, and all cannot
be funded, a lottery will be used to break the tie. The lottery will
consist of the names of each pre-application with equal scores printed
onto a same size piece of paper, which will then be placed into a
receptacle that fully obstructs the view of the names. The Director of
the Production and Preservation Division, in the presence of two
witnesses, will draw a piece of paper from the receptacle. The name on
the piece of paper drawn will be the applicant to be funded.
If insufficient funds or RA/OA remain for the next ranked proposal,
that applicant will be given a chance to modify their pre-application
to bring it within the remaining available funding. This will be
repeated for each next
[[Page 7850]]
ranked eligible proposal until an award can be made or the list is
exhausted.
2. Administrative and National Policy
All FLH loans and grants are subject to the restrictive-use
requirements contained in 7 CFR 3560.72(a)(2).
A FLH grant agreement, prepared by RHS, must be dated and executed
by the applicant on the date of closing, if applicable. The form of
loan resolution to be adopted by the applicant must contain policy and
procedural requirements that should be read and be fully understood by
the applicant's Board of Directors and officers. The grant agreement
will remain in effect for so long as there is a need for FLH and will
not expire until an official determination has been made by RHS, if
applicable.
3. Reporting
Borrowers must maintain separate financial records for the
operation and maintenance of the project and for tenant services.
Tenant services will not be funded by RHS. Funds allocated to the
operation and maintenance of the project may not be used to supplement
the cost of tenant services, nor may tenant service funds be used to
supplement the project operation and maintenance. Detailed financial
reports regarding tenant services will not be required unless
specifically requested by RHS, and then only to the extent necessary
for RHS and the borrower to discuss the affordability (and
competitiveness) of the service provided to the tenant. The project
audit, or verification of accounts on Form RD 3560-10, ``Borrower
Balance Sheet'' together with an accompanying Form RD 3560-7,
``Multiple Family Housing Project Budget/Utility Allowance'' must
allocate revenue and expenses between project operations and the tenant
services component.
F. Preliminary Eligibility Assessment
RHS shall make a preliminary eligibility assessment using the
following criteria:
1. The pre-application was received by the applicable submission
deadlines specified in the Notice;
2. The pre-application is complete as specified by the Notice;
3. The applicant is an eligible entity and is not currently
debarred, suspended, or delinquent on any Federal debt; and
4. The proposal is for authorized purposes.
G. Final Application and Submission Information
1. Final Application Submission
The pre-applications that are selected for further processing will
be invited to submit final applications. In the event that a pre-
application is selected for further processing and the applicant
declines, the next highest ranked pre-application will be selected for
further processing in each individual fiscal year that this Notice is
open. The final applications will be due by the dates specified in this
Notice for the applicable funding round.
All final applications must be filed with RHS and must meet the
requirements of this Notice. Incomplete final applications will be
rejected and returned to the applicant. No final applications will be
accepted after the deadline in a given round unless the date and time
are extended by another Notice published in the Federal Register.
A final application in accordance with this Notice must be
submitted and approved by RHS prior to the obligation of funds.
The final application submission process will be the same as
previously explained and outlined for the pre-application submission
process in Section C (1), ``Pre-Application and Submission
Information.''
2. Final Application Requirements
(a) The final application must contain the following in addition to
the pre-application documents that were previously submitted:
(1) Description of any changes from the pre-application submission
including funding, scope of work, etc.
(2) If any document that was submitted within the pre-application
has since changed or needs to be updated with the final application,
please submit the updated form(s) with the final application.
(3) Final Standard Form 424, ``Application for Federal
Assistance.''
(4) Final proposed Form RD 1924-13, ``Estimate and Certificate of
Actual Cost.''
(5) Final proposed post-construction operating budget utilizing
Form RD 3560-7, ``Multiple Family Housing Project Budget/Utility
Allowance.''
(6) Updated financial statements, if applicable (must be within six
months of this Notice's final application submission due date of the
applicable funding round).
(7) Form RD 1910-11, ``Applicant Certification, Federal Collection
Policies for Consumer or Commercial Debts'' can be found at: https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD1910-11.PDF.
(8) Form RD 400-1, ``Equal Opportunity Agreement'' can be found at:
https://forms.sc.egov.usda.gov/eForms/searchAction.do?pageAction=BrowseForms&_MenuAction=Yes.
(9) Form RD 400-6, ``Compliance Statement'' can be found at:
https://forms.sc.egov.usda.gov/eForms/searchAction.do?pageAction=BrowseForms&_MenuAction=Yes.
(10) Form AD-1047, ``Certification Regarding Debarment, Suspension,
and Other Responsibility Matters Primary Covered Transactions,'' can be
found at: https://www.ocio.usda.gov/sites/default/files/docs/2012/AD1047_PrimaryCoveredTransactions_final.pdf. This form is only required
for applicants exempt under 2 CFR 25.110 (i.e. individual applicants).
(11) Form AD-1048, ``Certification of Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions''
if applicable, can be found at: https://www.ocio.usda.gov/sites/default/files/docs/2012/AD1048_LowerTierCoveredTransactions_final.pdf.
This form is only required for applicants exempt under 2 CFR 25.110
(i.e. individual applicants).
(12) Form AD-1049, ``Certification Regarding Drug-Free Workplace
Requirements (Grants) Alternative I--For Grantees Other Than
Individuals,'' can be found at: https://www.ocio.usda.gov/sites/default/files/docs/2012/AD1049_Alt1_GranteesOtherThanIndividuals_v2_final.pdf.
(13) Form RD 3560-13, ``Multi-Family Project Borrower's/Management
Agent's Management Certification'' if applicable, can be found at:
https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD3560-13.PDF.
(14) Management plan with all attachments including the proposed
record keeping system, the proposed lease with an attorney's
certification, if applicable, and the proposed occupancy rules.
(15) Management Agreement, if applicable.
(16) Final organizational documents or Certificate of Good
Standing.
(17) Attorney Certification. Letter from the applicant's attorney
certifying the legal sufficiency of the organizational documents. The
attorney must certify:
(i) The applicant's legal capacity to successfully operate the
proposed project for the life of the loan and/or grant.
(ii) The organizational documents comply with RHS regulations.
[[Page 7851]]
(iii) For partnership purchasers, that the term of the partnership
extends at least through the latest maturity of all proposed RHS debt.
(iv) That the organizational documents require prior written RHS
approval for any of the following: Withdrawal of a general partner/
managing member, admission of a general partner/managing member,
amending the organizational documents, and selling all or substantially
all of the assets of the purchaser.
(18) Acceptable appraisal. Applicants should contact RHS to discuss
the appraisal requirements including the Statement of Work (SOW) prior
to engaging an appraiser. Appraisals prepared for any other
participants or lenders may not satisfy RHS SOW requirements and may
require the applicant to incur additional costs. Please contact RHS at
[email protected] to obtain a SOW prior to ordering the
appraisal.
(19) An acceptable Post Construction Capital Needs Assessment
(CNA). The minimum requirements for a CNA acceptable to RHS can be
found in Attachment B, CNA SOW. This is supplemented by Attachment C,
Fannie Mae Physical Needs Assessment Guidance to the Property
Evaluator. The CNA report must be obtained by the CNA recipient from an
independent third-party CNA provider that has no identity of interest
with the property owner, management agent, applicant or any other
principle or affiliate. The CNA recipient will contract with the CNA
provider and is therefore, the client of the provider. However, the CNA
recipient must consult with RHS, before contracting with a CNA provider
to review Guidance Regarding Contracting for a CNA. The RHS CNA
reviewer will evaluate a proposed agreement or engagement letter
between the CNA recipient and the CNA provider using Attachment D, CNA
Guidance to the Reviewer, prior to reviewing any CNA report.
Unacceptable CNA proposals, contracts or reports will be returned to
the CNA recipient for appropriate corrections before they will be used
for any underwriting determinations. The CNA reviewer will also review
the cost of the CNA contract. In most cases, the CNA service contract
amount has not exceeded $3,500 based on RHS's most recent cost
analysis. Borrowers and applicants are encouraged to obtain multiple
bids in all cases. However, there is no RHS requirement to select the
``low bidder.'' All of the information and requirements, including the
CNA Template that the CNA must be submitted on, can be found at:
https://www.rd.usda.gov/programs-services/multi-family-housing-direct-loans.
(20) Final plans and specifications along with the proposed manner
of construction, if available. The housing must meet RHS's design and
construction standards contained in 7 CFR part 1924, subparts A and C,
and must also meet all applicable Federal, state, and local
accessibility standards and be in compliance with all building codes.
The final plans and specifications along with the proposed manner of
construction must be submitted prior to the approval of the final
application.
(21) Final construction planning, bidding, and contract documents,
including the construction contract and architectural agreement, etc.,
if available. The final construction planning, bidding, and contract
documents, including the construction contract and architectural
agreement, etc., must be submitted prior to the approval of the final
application.
(22) Environmental information in accordance with the requirements
in 7 CFR part 1970. The applicant should consult with RHS to determine
the appropriate level of environmental review and to obtain publicly
available resources at the earliest possible time for guidance in
identifying all relevant environmental issues that must be addressed
and considered during early project planning and design throughout the
process. Requests for consult meetings can be sent to the following
email address: [email protected]. The applicant is responsible
for preparing and submitting the environmental review document in
accordance with the format and standards provided by RHS in 7 CFR part
1970. Applicants may employ a design or environmental professional or
technical service provider to assist them in the preparation of their
environmental review documents at their own expense. The levels of
review are as follows:
(i) Categorical Exclusion without an Environmental Report (7 CFR
1970.53).
This level of review is generally required for proposals for
financial assistance that involve minimal alternations in the physical
environment and typically occur on previously disturbed land.
(ii) Categorical Exclusion with an Environmental Report (7 CFR
1970.54).
This level of review is generally required for proposals for
financial assistance that require an applicant to submit an
environmental report with their application to facilitate RHS's
determination of extraordinary circumstances. This level of review
would apply to proposals where site development activities for rural
development purposes would impact not more than 10 acres of real
property and would not cause a substantial increase in traffic.
(iii) Environmental Assessment (7 CFR part 1970, subpart C).
This level of review is generally required for proposals for
financial assistance that do not fall within the categories listed in
Sec. 1970.53 or Sec. 1970.54.
The information above applies generally and cannot be used as
official guidance, as stated above, please contact RHS to determine the
appropriate level of environmental review before developing the report.
(23) The environmental information must include evidence of
compliance with the requirements of the applicable State Housing
Preservation Office (SHPO), and/or Tribal Historic Preservation Officer
(THPO). A letter from the SHPO and/or THPO where the Off-FLH project is
located signed by their designee will serve as evidence of compliance.
(24) If leveraged funds are going to be used and are in the form of
LIHTC, the applicant must include in the final application a firm
commitment letter from the HFA, if available. The firm commitment
letter from the HFA must be submitted prior to the approval of the
final application. If the applicant is unable to secure a firm
commitment letter from the HFA in order to submit it to RHS to meet the
deadlines stated in this Notice, the application will be deemed
incomplete and the applicant will be notified in writing that the
application will not be considered for funding. Additionally, the
applicant will be required to submit a letter of intent or commitment
from the investor or syndicator for the purchase of the LIHTC prior to
the approval of the final application.
(25) All applications that propose the use of any leveraged funds
must submit firm commitment letters within their final application, if
available. This includes any interim lender commitment letters with
evidence of license to do business in the applicable state. If the
applicant is unable to secure firm commitment letters from the funding
sources in order to submit them to RHS to meet the deadlines stated in
this Notice, the application will be deemed incomplete and the
applicant will be notified in writing that the application will not be
considered for funding.
(26) Current Preliminary title insurance commitment/binder.
[[Page 7852]]
(27) Land survey with flood plain certification.
(28) Description of how the applicant will meet the equity
contribution requirement as applicable.
(29) Description of how the applicant will provide the two percent
initial operating and maintenance reserve requirement.
(30) Signed statement from the applicant agreeing to pay cost
overruns.
Final Applications
RHS will follow this Notice for the processing of final
applications. Final applications will need to follow the bidding
process as set forth in 7 CFR part 1924.
Documentation of Underwriting and Costs
All final applications including the loan and/or grant requests
will be analyzed using an underwriting template that RHS has developed.
A complete analysis and underwriting of the proposed transaction will
be completed to ensure all regulatory requirements are met and to
ensure overall project feasibility as well as to determine the minimum
amount of assistance that is needed for the proposal.
Once the loan and/or grant funds have been obligated, the applicant
should be prepared to close the transaction and complete construction
within 12-18 months. Off-FLH loans and/or grants must be liquidated not
more than three years from the date the loan and/or grant funds were
obligated. Annually, if the loan and/or grant funds have not been fully
liquidated, the applicant must submit an obligation extension request
to RHS.
Questions regarding this Notice may be directed to Jonathan Bell,
Branch Chief, Processing and Report Review Branch 1, Production and
Preservation Division, Multifamily Housing Program, Rural Development,
United States Department of Agriculture, or email:
[email protected] or phone at: 254-742-9764.
Technical Assistance Providers
Please be aware that TA services may not be used to reimburse a
non-profit or public body applicant for technical services provided by
a non-profit organization, with housing and/or community development
experience, to assist the non-profit applicant entity in the
development and packaging of its loan/grant docket and project. In
addition, TA will not be funded by RHS when an identity of interest
exists between the TA provider and the loan or grant applicant.
Identity of interest is defined in 7 CFR 3560.11.
Equal Opportunity Survey
RHS should provide applicants the voluntary OMB 1890-0014 form,
``Survey on Ensuring Equal Opportunity for Applicants,'' (or other
forms currently being used by RHS) and ask the applicant to complete it
and return it to RHS.
Substantial Portion of Income From Farm Labor
The Notice restates the requirement that domestic farm laborers
must receive a substantial portion of their income from ``farm labor.''
Further explanation of this requirement can be found in the regulation
at 7 CFR 3560.576(b)(2). The term ``farm labor'' is defined in 7 CFR
3560.11.
H. Equal Opportunity and Non-Discrimination Requirements
In accordance with federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and 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, family/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 a complaint
form, call, (866) 632-9992. Submit your completed form or letter to
USDA by:
(1) Mail: United States Department of Agriculture, Office of the
Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410;
(2) Fax: (202) 690-7442; or
(3) Email at: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Chadwick Parker,
Acting Administrator, Rural Housing Service.
[FR Doc. 2021-02193 Filed 2-1-21; 8:45 am]
BILLING CODE 3410-XV-P
