Notice of Funds Availability (NOFA) for the Multifamily Housing Preservation and Revitalization Demonstration Program (MPR) and for Section 515 Subsequent Loans for Preservation Activities for the Fiscal Year (FY) 2024, 79229-79242 [2024-22177]
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
decision memo even if the originating
agency’s NEPA procedures do not
require it.
2. Extraordinary Circumstances
Forest Service NEPA regulations state
that a CE may only be applied ‘‘if there
are no extraordinary circumstances
related to the proposed action’’ and if
the proposed action is within a CE listed
within a category as specified in
regulations (36 CFR 220.6(a)). Forest
Service NEPA regulations list seven
resource conditions that ‘‘should be
considered in determining whether
extraordinary circumstances related to a
proposed action warrant further analysis
and documentation in an EA or an EIS’’
(36 CFR 220.6(b)).
For the CEs adopted from USGS and
described in this notice, the Forest
Service will also apply the Department
of the Interior’s extraordinary
circumstances criteria set forth in 43
CFR 46.215(a) through (l), which are
slightly different from the Forest
Service’s resource conditions that
should be considered in evaluating
extraordinary circumstances.
III. Consultation With USGS on
Categorical Exclusion Adoption
In June 2024 the Forest Service
conducted consultation with the USGS
on adoption of their CEs 516
Departmental Manual 9.5 B, G, H, I, K,
and P. The USGS and Forest Service
consultation included a review of USGS
experience developing and applying the
CEs, as well as the types of actions for
which Forest Service plans to utilize the
CEs. The Forest Service actions would
be similar to the type of projects for
which USGS has applied the CEs and
therefore the effects of Forest Service
projects will be similar to the effects of
USGS projects, which are not
significant, absent extraordinary
circumstances. Therefore, the Forest
Service has determined that its
proposed use of USGS CEs as described
in this notice is appropriate.
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IV. Identification of USGS Categorical
Exclusions
B. Collection of data and samples for
geologic, palaeontologic, hydrologic,
mineralogic, geochemical and surface or
subsurface geophysical investigations,
and resource evaluation, including
contracts therefor.
G. Test or exploration drilling and
downhole testing, including contracts
therefor.
H. Establishment of survey marks,
placement and operation of field
instruments, and installation of any
research/monitoring devices.
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I. Digging and subsequent site
restoration of exploratory trenches not
to exceed one acre of surface
disturbance.
K. Off-road travel to drilling, data
collection or observation sites which
does not impact ecologically sensitive
areas such as wilderness areas,
wetlands, or areas of critical habitat for
listed endangered or threatened species.
P. Minor activities required to gain or
prepare access to sites selected for
completion of exploration drilling
operations or construction of stations for
hydrologic, geologic, or geophysical
data collection.
Dated: September 23, 2024.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2024–22154 Filed 9–26–24; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No.: RHS–24–MFH–0006]
Notice of Funds Availability (NOFA) for
the Multifamily Housing Preservation
and Revitalization Demonstration
Program (MPR) and for Section 515
Subsequent Loans for Preservation
Activities for the Fiscal Year (FY) 2024
Rural Housing Service, United
States Department of Agriculture
(USDA).
ACTION: Notice of Funds Availability
(NOFA).
AGENCY:
The Rural Housing Service
(RHS or Agency), a Rural Development
(RD) agency of the United States
Department of Agriculture, announces
that it is inviting applications for the
Multifamily Housing Preservation and
Revitalization Demonstration Program
(MPR) and Section 515 Loan Program.
These loan and grant funds will be
made available to qualified applicants
which may be used to preserve and
improve existing Rural Rental Housing
(RRH) and Off-Farm Labor Housing
(OFF–FLH) projects to extend their
affordable use.
DATES: Electronic submissions must be
received no later than December 26,
2024, 11:59 p.m. Eastern Time (ET), to
be eligible for funding under this
Notice. The applicant must send an
email message by 12 p.m. ET (noon) on
December 16, 2024, to the RHS
Production and Preservation Division
(see the ADDRESSES section for
additional information).
SUMMARY:
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79229
All applications made in
response to this Notice must be
submitted electronically to the RHS
Production and Preservation Division,
Processing and Report Review (PRR)
Branch using the following process: The
applicant must send an email message
by the date and time provided in the
DATES section to the RHS Production
and Preservation Division at RD.MPR@
usda.gov. The email message must
contain the following information:
Subject line: MPR NOFA Submission.
Body of email: Applicant Name,
Project State, Project Name, Project City
and complete Applicant Contact
Information (including address, phone
number, email address to receive
application submission information).
Request language: Please provide
application submission instructions so
that we may submit our MPR
application documents.
Application submission instructions
will be emailed to all interested
respondents supplying valid email
addresses within two (2) business days
from the date the email of interest is
received by the Agency.
FOR FURTHER INFORMATION CONTACT:
Jonathan Bell, Director, Processing and
Report Review Branches, Production
and Preservation Division, MFH, RD,
USDA, via email: MFHprocessing1@
usda.gov or telephone: (202) 205–9217
for additional information on this
Notice.
Persons with disabilities that require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language) may contact the Agency or
staff office; or the 711 Relay Service.
SUPPLEMENTARY INFORMATION: Late or
incomplete applications will not be
eligible for funding under this Notice.
Paper applications will not be accepted.
Applications that are deemed eligible
but are not selected for further
processing due to lack of funding will
be withdrawn from processing.
ADDRESSES:
Authority
The Consolidated Appropriations Act,
2024, Public Law 118–42, authorized
USDA to conduct a demonstration
program (i.e., the Multifamily Housing
Preservation and Revitalization (MPR)
Demonstration Program) for the
preservation and revitalization of
sections 515 (rural rental housing)
(RRH) and 514 and 516 (off-farm labor
housing) properties to restructure
existing USDA multi-family housing
(MFH) loans expressly to ensure the
project has sufficient resources to
provide safe and affordable housing for
low-income residents and farm laborers
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safe affordable rental housing for lowincome residents. The Section 515 RRH
Subsequent Loan program provides
additional financing for existing Section
515 RRH projects to help improve and
preserve the affordability of safe
affordable rental housing for lowincome residents. MPR and the Section
515 RRH Program are being combined in
this Notice to gain efficiencies in the
announcement of funding opportunities,
application, and selection process, as
both programs are eligible preservation
resources. Although Section 515
Subsequent Loans, as described under 7
CFR 3560.73 are not required to be
Rural Development Key Priorities
awarded under a NOFA, including these
funds in this NOFA will enhance
RD will continue to support and
program transparency for the public and
promote activities and investments that
allow for fair and equitable competition
will achieve the following:
for the resource.
1. Creating More and Better Markets:
Both programs are designed to
Assisting rural communities to recover
address preservation needs in Rural
economically through more and better
market opportunities through improved Development’s Multifamily Housing
portfolio. Funds may be used to address
infrastructure.
health, safety and accessibility needs
2. Addressing Climate Change and
Environmental Justice: Reducing climate and to repair or renovate existing project
items identified in the Capital Needs
pollution and increasing resilience to
Assessment (CNA). Additional items
the impacts of climate change through
economic support to rural communities. may be added to the scope of work, if
practical and feasible, at the sole
3. Advancing Racial Justice, Placediscretion of the RHS. Proposals to
Based Equity, and Opportunity:
develop or construct additional units
Ensuring all rural residents have
within the existing building envelope,
equitable access to RD programs and
only if needed to comply with
benefits from RD funded projects.
accessibility requirements, will be
For further information, visit https://
considered and are eligible under this
www.rd.usda.gov/priority-points.
Notice. To be considered for funding, all
Overview
applicants are required to meet both the
Federal Awarding Agency Name: The general threshold requirements, as well
as the program-specific requirements as
Rural Housing Service’s (RHS)
outlined in this Notice. The CNA
Multifamily Housing Program (MFH).
Template and CNA Process Addendum
Funding Opportunity Title: Notice of
are provided at the Multifamily Housing
Funds Availability (NOFA) for the
Direct Loans website, click on the ‘‘To
Multifamily Housing Preservation and
Apply’’ tab; https://www.rd.usda.gov/
Revitalization (MPR) Demonstration
programs-services/multifamily-housingProgram and Section 515 Rural Rental
programs/multifamily-housing-directHousing Subsequent Loans for
loans#to-apply. Questions regarding the
Preservation Activities for Fiscal Year
CNA Template and CNA Process
(FY) 2024.
Announcement Type: Notice of Funds Addendum or assistance with accessing
the CNA documents should be directed
Availability (NOFA).
to Jonathan Bell, Director, Processing
Assistance Listing:
and Report Review Branches,
(1) 10.447—Rural Multifamily
Production and Preservation Division,
Housing Revitalization Demonstration
MFH, RD, USDA, via email:
Program (MPR).
MFHprocessing1@usda.gov or
(2) 10.415—Section 515 Rural Rental
telephone: (202) 205–9217.
Housing Subsequent Loans
RHS will hold workshops to provide
general guidance and assistance
A. Program Descriptions
regarding this NOFA prior to the
1. Purpose of the Programs
application deadline. These workshops
The MPR Demonstration Program
will be announced via GovDelivery
restructures loans and provides
notice and will also be posted on the
additional financing for existing Section MFH Programs website (https://
515 Rural Rental Housing (RRH) and
www.rd.usda.gov/programs-services/
multi-family-housing-programs). Sign
Section 514/516 Off-Farm Labor
up for GovDelivery notifications by
Housing (Off-FLH) projects to help
improve and preserve the availability of visiting the GovDelivery website
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under the programs authorized by the
Housing Act of 1949, as amended (42
U.S.C. 1484, 1485 and 1486). The MPR
Demonstration Program is implemented
under 7 CFR part 3560 and the
requirements set forth in this Notice.
Title V of the Housing Act of 1949; 42
U.S.C. 1480; implemented under 7 CFR
part 3560 authorizes the Section 515
Direct Loan program. The section 515
RRH direct loan program provides
competitive financing for affordable
multi-family rental housing for lowincome, elderly, or disabled individuals
and families in eligible rural areas.
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(https://public.govdelivery.com/
accounts/USDARD/signup/10420).
Additional information and guidance
outlining applicant, property, and
tenant eligibility requirements; factors
for scoring and ranking applications and
making awards; and any requirements
and/or limitations specific to each
program application opportunity can be
found in this Notice. Prospective
applicants are encouraged to read this
entire Notice thoroughly and attend the
informational workshops for more
information and clarification prior to
submitting applications for funding.
All applications must follow the
applicable Agency regulations in 7 CFR
part 3560. The MPR Program and the
Section 515 RRH Program are subject to
title V of the Housing Act of 1949; 7
CFR part 3560: and the requirements set
forth in this Notice.
2. Applicant Eligibility
To be eligible for funding under this
NOFA, applicants must meet all
statutory and regulatory requirements
applicable to the MPR and/or Section
515 RRH program funding. Program
regulations may be found at the
following link: https://
www.rd.usda.gov/page/regulations-andguidance.
3. Definitions
The definitions applicable to this
Notice are published at 7 CFR 3560.11
which can be found on the following
website: https://www.ecfr.gov/current/
title-7/subtitle-B/chapter-XXXV/part3560.
4. Application of Awards
Awards under the MPR
Demonstration Program and Section 515
RRH Program will be made using the
specific selection criteria contained in
this Notice.
The Agency will review, evaluate, and
score applications received in response
to this Notice based on the provisions
found in 7 CFR part 3560 (https://
www.ecfr.gov/current/title-7/part-3560),
and as indicated in this Notice. The
Agency advises all interested parties
that the applicant bears the full burden
in preparing and submitting
applications in response to this Notice
for this Program in FY 2024.
B. Federal Award Information
Type of Award: Loans and grants
(MPR) and loans (Section 515).
Fiscal Year Funds: FY 24 (MPR and
Section 515) and carryover funds (MPR).
Available Funds: The Agency will
make available the following funds in
this NOFA: MPR: $80,491,882 and
Section 515: $27,000,000. Available
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loan and grant funding for the MPR
program and Section 515 RRH program
for FY 2024 will also be announced via
GovDelivery Notice. Sign up for
GovDelivery notifications by visiting the
GovDelivery website at: https://public.
govdelivery.com/accounts/USDARD/
signup/10420. Funding amounts will
also be posted on the RHS MFH website
at: https://www.rd.usda.gov/programsservices/multifamily-housing-programs/
multifamily-preservation-andrevitalization-mpr#to-apply. Funding
awards will be posted to the RHS
website as funding is obligated. RHS
reserves the right to post all information
submitted as part of the application
package that is not protected under the
Privacy Act on a public website with
free and open access to any member of
the public.
Award Amounts: The Agency
anticipates a maximum per unit award
amount of $60,000 and no minimum
award amount. The Agency reserves the
right to reduce requested funding
amounts based on funding availability.
Supplemental Awards: With the
submission of a new application,
projects that have previously received
Agency funding are eligible to apply for
supplemental funding.
Type of Assistance Instrument: Grant
Agreement, Direct Loan.
C. Eligibility Information
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1. Eligible Applicants
Eligibility for MPR and section 515
funding under this NOFA includes
current RD borrowers that have received
a loan from the Agency and eligible
applicants under 7 CFR part 3560 who
are applying to assume ownership and
the associated outstanding RD loans on
RD-financed MFH properties. Eligible
applicants for the MPR and Section 515
programs include individuals,
partnerships or limited partnerships,
consumer cooperatives, trusts, State or
local public agencies, corporations,
limited liability companies, non-profit
organizations, Indian Tribes,
associations, or other entities that own
or will be the owner of the project for
which an application for transfer of
ownership by the Agency is submitted.
Applicants must be eligible entities and
not currently debarred, suspended, or
delinquent on any Federal debt. Agency
regulations for the Section 515 MFH
program and the Sections 514/516 Farm
Zone
Labor Housing (FLH) program are
published at 7 CFR part 3560.
2. Eligible Projects
Projects must meet at least one of the
following requirements to be eligible to
receive funding:
(a) All Agency loans on the project
will reach mortgage maturity prior to
January 1, 2027. If a consolidation of
two or more projects into a single
project is proposed, all loans on the
consolidated project must reach
maturity prior to January 1, 2028.
(b) The project has an existing MPR
debt deferral that expires prior to
January 1, 2028.
(c) The project sustained damage due
to a storm, fire, flood, wind, or other
man-made or natural disaster and
necessary repairs as a result of the
damage are incomplete and/or units are
uninhabitable due to inadequate
insurance proceeds.
(d) The project has been approved
under the Agency’s Simple Transfer
Pilot Program, published in the Federal
Register on December 9, 2022 (87 FR
75457), and has an Agency-required
rehabilitation plan that lacks full
funding.
(e) A purchase and sale agreement has
been approved for the project under the
Agency’s sale to nonprofit process in 7
CFR 3560.659 and the project requires
additional funding to complete a
transfer of ownership to the new buyer.
(f) Loan(s) on the project were
reamortized at the request of the owner
to avoid payoff and program exit prior
to imminent loan maturity
(‘‘reamortization lite’’) and the project
requires funding to address unmet
rehabilitation needs.
(g) Repairs or modifications are
needed to address health and safety
findings or violations and/or
accessibility modifications identified in
the property’s Capital Needs
Assessment (CNA) submitted with the
application. The combined amount of
the health, safety, and accessibility
repairs or modifications identified in
the CNA must exceed an average cost of
$4,000 per unit to meet the project
eligibility criteria.
3. Threshold Eligibility Requirements
All applications must meet all
threshold eligibility requirements as
follows:
(a) Applications must be complete as
specified by this Notice;
State
CONAC ........................................................
ND
Southwest .....................................................
ND
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79231
(b) Applications must be submitted
electronically;
(c) Complete applications must be
received by 12 p.m., Eastern Time
December 26, 2024;
4. Determination of Initial Eligibility
The determination of initial eligibility
for any application will be determined
as of the application submission
deadline date. The RHS reserves the
right to discontinue the processing of
any application due to material changes
in the applicant’s status occurring any
time after the initial eligibility
determination.
D. Program Funding
1. Cost Sharing or Matching
There are no cost sharing or matching
requirements to receive program
funding.
2. Funding Priority for Areas of
Persistent Poverty
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
counties. The term ‘‘persistent poverty
counties’’ means any county that has
had 20 percent or more of its population
living in poverty over the last 30 years,
using the 2020 Decennial Census data
and the 2017–2021 American
Community Survey five-year average),
or any territory or possession of the
United States. Information on which
counties are considered persistent
poverty counties can be found through
using the following link: https://rural
development.maps.arcgis.com/apps/
webappviewer/?
id=a0bcd25194434ac784
493fd5dc7f8191.
3. Funding Priority for REAP Zones
To address issues of geographic
isolation of communities separated by
long distances, absence of large
metropolitan centers, low-density
settlement patterns, historic dependence
on agriculture, continued population
loss, outmigration, and economic
upheaval or economic distress, the
Agency will provide a set aside under
this announcement for applications in
Rural Economic Area Partnership
(REAP) Zones. REAP Zones locations
are as follows:
Counties
McHenry, Bottineau, Rolette, Towner, Pierce and Benson; and the Indian reservations
of the Turtle Mountain Chippewa and Spirit Lake Sioux.
Dunn, Stark, Hettinger, Adams, Bowman, Slope, Golden Valley, Billings, and part of
the Fort Berthold Indian Reservation.
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Zone
State
Sullivan-Wawarsing ......................................
Tioga ............................................................
Northeast Kingdom ......................................
NY
NY
VT
4. Geographic Distribution of Funding
The Agency has an interest in
supporting a broad geographic
distribution of program funds. Projects
will be scored without regard to State
location. However, if five projects in a
State have received program funding
obligations, no further obligations will
be made to projects in that State until
a funding decision has been made on all
projects that have met the minimum
scoring requirements as described in the
Scoring section of this Notice. When all
other funding decisions have been
made, the Agency may provide
additional awards in States that have
already received five awards. Projects
located on tribal lands will not count
against the five-project State limit.
E. Additional Program Requirements
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1. Loan Requirements
Each loan made by the Agency will be
secured in a manner that adequately
protects the financial interest of the
Federal Government throughout the
period of the loan in accordance with 7
CFR 3560.61. The Agency will not make
any loans without adequate security.
The following limitations will be set on
loan amounts:
(a) For all loan applicants who will
receive benefits from the low-income
housing tax credit (LIHTC) program, the
amount of Agency financing for the
housing will not exceed 95 percent of
the security value available for the
Agency loan.
(b) For all loan applicants who will
not receive LIHTC benefits and who are
comprised solely of nonprofit
organizations, consumer cooperatives,
or State or local public agencies, the
amount of the loan will be limited to the
security value available for the Agency
loan, plus the 2 percent initial operating
capital and any necessary relocation
costs incurred.
(c) For all other loan applicants who
will not receive LIHTC benefits, the loan
amount will be limited to no more than
97 percent of the security value
available for the Agency loan.
2. Equity Contribution Requirements
Loan applicants, with the exception of
nonprofit organizations, consumer
cooperatives, or State or local public
agencies who will not be receiving
LIHTC benefits, must make an equity
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Counties
Sullivan and the Town of Wawarsing.
Tioga.
Caledonia, Essex, Orleans.
contribution from their own resources
as follows:
(a) Loan applicants who will receive
LIHTC benefits must make an equity
contribution in the amount of 5 percent
of the Agency loan. The maximum
Agency loan will be determined in
accordance with 7 CFR 3560.63(c).
(b) Loan applicants who will not
receive LIHTC benefits and are not
nonprofit organizations, consumer
cooperatives, or state or local public
agencies must make an equity
contribution in the amount of 3 percent
of the Agency loan. The maximum
Agency loan will be determined in
accordance with 7 CFR 3560.63(c).
3. Grant Requirements
Grant awards are subject to the
requirements outlined in 2 CFR parts
200 and 400.
4. Security Requirements
The total of all liens against the
project, with the exception of Agency
deferred debt, cannot exceed the
Agency-approved security value of the
project, except as permitted by 7 CFR
3560.63(b)(2). All Agency debt, either in
first lien position or in a subordinated
lien position, must be secured by the
project, except deferred debt, which is
not included in the Agency’s total lien
position for computation of the
Agency’s security value in the MPR
program. Payment of any deferred debt
will not be required from normal project
operations income during the term of
the debt deferral. Upon expiration of the
deferral, if no further deferral is
approved, the remaining balance will be
reamortized.
5. Transfers, Consolidations and
Portfolios
Transfers and consolidations may be
approved as part of the transaction for
the selected applicants in accordance
with 7 CFR part 3560 and the following:
(a) If a transfer is part of the
transaction, and the transfer includes a
seller payment and/or an increase in the
allowable Return to Owner (RTO), the
transfer must first be underwritten to
meet the requirements of 7 CFR
3560.406 to establish the maximum
RTO amount RD will recognize for the
buyer and seller before the transaction
is underwritten.
(b) If a consolidation of existing
properties is simultaneously proposed,
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all projects being consolidated must be
submitted in one application that
identifies each project. Each property in
the proposed consolidated project must
be located in the same market area.
Market area is defined in 7 CFR 3560.11
as the geographic or locational
delineation for a specific project,
including outlying areas that will be
impacted by the project including the
area in which alternative, similar
properties effectively compete with the
subject property.
(c) Applicants should discuss
proposed consolidations with the
assigned Servicing Specialist prior to
filing their application under this
NOFA. RD may permit two or more
properties to be consolidated as defined
in 7 CFR 3560.410 when it is in the best
interests of the Government. The
applicant should consult with the RD
loan official before engaging the CNA
Provider in any case where the CNA
intends to encompass more than a single
existing RD property to determine if a
consolidated CNA may be acceptable for
RD underwriting.
(d) If the preservation proposal
involves a portfolio transaction (sale or
stay-in owner), a separate application
for each project in the portfolio is
required and each application must
identify all projects included in the
portfolio transaction. Eligibility
determinations will be conducted on
each application associated with the
portfolio.
6. Occupancy Standards
(a) For Section 515 RRH projects, the
average physical vacancy rate for the 12
months preceding this Notice’s
application submission date can be no
more than 10 percent for projects
consisting of 16 or more revenue units
and no more than 15 percent for projects
less than 16 revenue units. If the average
physical vacancy rate exceeds those
limits, the applicant must provide
current market data (defined as no more
than 6 months old at time of filing) that
demonstrates there is a need for the
project evidenced by waiting lists and a
housing shortage confirmed by local
housing agencies and realtors. The data
demonstrating a need and housing
shortage must be accepted by the
Agency. The market data must show a
clear need and demand for the project
once the transaction is completed. The
results of the survey of existing or
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proposed rental or labor housing,
including complex name, location,
number of units, bedroom mix, family
or elderly type, year built, and rent
charges, must be provided, as well as
the existing vacancy rate of all available
rental units in the community, their
waiting lists and amenities, and the
availability of Rental Assistance (RA) or
other subsidies. The Agency will
determine if the proposal has market
feasibility based on the data provided by
the applicant. Any costs associated with
compiling the market data is NOT an
eligible program project expense. If the
information provided by the applicant is
inadequate, the Agency may require
additional information, which may
include a current market study, to assess
the need of the project and its continued
financial feasibility. If a project
consolidation is involved, the
consolidation will remain eligible so
long as the average vacancy rate for each
individual project meets the occupancy
standard noted in this paragraph. Any
individual project submitted as a
portfolio application that does not
continue to meet the occupancy
threshold, regardless of reason, may be
withdrawn by the owner or the Agency
without jeopardizing the formal
portfolio application so long as the
application continues to meet the
eligibility conditions otherwise
described in this Notice.
(b) For Sections 514/516 FLH projects,
rather than an average physical vacancy
rate, a positive cash flow for the
previous full three (3) years of operation
is required unless the applicant has an
Agency approved workout agreement
and is in compliance with the
provisions of the workout agreement for
a minimum of six (6) consecutive
months.
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7. Funding Restrictions
Funds under this NOFA cannot be
used to add additional housing units,
build community rooms, or add
additional parking areas, playgrounds,
or laundry rooms unless these
improvements are needed to address
accessibility requirements.
F. Available Funding Tools
Applicants must propose a funding
plan for the project and request specific
tools as part of the funding plan. For
loans, the applicant must specify the
type of loan requested and the amount
of funding requested. For grants, the
applicant must specify the amount of
funding requested. For debt deferrals,
the applicants must specify all loans
requested for deferral and provide an
estimate of the current outstanding loan
balance.
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(1) Debt deferral: Deferral of loan
principal and interest payments for up
to 20 years for presently outstanding
Section 514 or Section 515 loans. The
applicant’s proposal should describe
how the cash flow from the deferred RD
direct loan principal and interest
payments will be deposited to the
project’s reserve account and/or used to
help meet the project’s future physical
needs, support new debt, reduce rents,
or otherwise be directed to be in the best
interests of the tenants and Government.
(a) If an applicant requests a debt
deferral and the term of any existing
Section 514 or Section 515 loans is less
than 20 years, the Agency requires a reamortization of the existing loans and
extending the term up to 20 years.
(b) All terms and conditions of the
deferral will be described in the MPR
Debt Deferral Agreement. A balloon
payment of principal and accrued
interest (deferral balloon) will be due at
the end of the deferral period, or upon
default pursuant to the terms contained
therein. Interest will accrue at the
promissory note rate and, if applicable,
the subsidy will be applied as set out in
the Agency’s ‘‘Multiple Family Housing
Interest Credit Agreement,’’ Form RD
3560–9.
(c) At the time of the deferral balloon,
borrowers may request any available
servicing tools to preserve any needed
projects as affordable rental housing.
(2) MPR Grant. Grant funding is
limited to non-profit or public housing
agency applicants/borrowers only. The
grant use will be limited to the cost of
correcting health and safety violations
of a project, including accessibility
requirements identified by a CNA
accepted by the Agency.
(3) MPR Zero Percent Loan. An
amortizing loan offered at zero percent
interest. This loan is not deferred.
Monthly payments are required for the
maximum term and the amortization
period will be as authorized by the
respective program authority.
(a) For Section 515 RRH projects, the
maximum loan term is 30 years
amortized over a maximum term of 50
years.
(b) For Sections 514/516 projects, the
loan will be amortized over a maximum
term of the loan which is 33 years.
(4) MPR Soft-Second Loan. A loan
with a one percent interest rate that will
have its accrued interest and principal
deferred to a balloon payment. The
balloon payment will be due at the same
time as the latest modified Section 514
or Section 515 maturity date of any
current loan being reamortized.
(5) MPR or Section 515 Direct Loan.
An amortizing loan with a one percent
effective interest rate. This loan is not
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deferred. Monthly payments are
required for the maximum term and
amortization period will be as
authorized by the respective program
authority:
(a) For Section 515 RRH projects, the
maximum loan term is 30 years
amortized over a maximum term of 50
years.
(b) For Sections 514/516 projects, the
loan will be amortized over a maximum
term of the loan which is 33 years.
Funding tools are only for authorized
purposes in the respective RRH and
FLH programs in accordance with 7 CFR
part 3560. The program will be
administered within the resources
available to the Agency through Public
Law 118–42.
(6) Other Possible Sources of Funds
(not all-inclusive):
(a) RD Section 538 Guaranteed RRH
(GRRH) loan. The current Federal
Register Notification for the Section 538
Program is available at 88 FR 26221
(April 28, 2023) (https://
www.govinfo.gov/content/pkg/FR-202304-28/pdf/2023-08952.pdf);
(b) Third-party loans, grants, tax
credits and tax-exempt financing;
(c) Owner-provided capital
contributions in the form of a cash
infusion. A cash infusion cannot be a
loan.
G. Application Information
Respondents to this Notice must
submit complete final applications by
the application submission deadline as
specified in the DATES section and this
section of this Notice. Expenses
incurred in developing applications will
be at the applicant’s sole risk.
All applications made in response to
this Notice must be submitted
electronically to the RHS Production
and Preservation Division, Processing
and Report Review (PRR) Branch using
the process outlined in the ADDRESSES
section above.
Applicants are encouraged to include
a checklist of all the application
requirements and to index and tab their
application to facilitate the review
process. The applicant should provide a
Table of Contents of all of the
documents that have been submitted.
Last-minute requests and submissions
may not allow adequate time for the
submission process to take place prior
to the deadline.
Note: Applicants are reminded that all
submissions must be received by the
deadline and the application will be rejected
if it is not received by the deadline date and
time, regardless of when the application was
submitted.
(1) Application Requirements. The
application must contain the following:
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(a) An executed and dated Executive
Summary on the applicant’s letterhead
that must include at least the following:
i. Brief description of the project and
its history. Include the borrower’s name,
project name, project location, number
of units, number of RA or Operating
Assistance (OA) units and unit mix. For
FLH projects, address whether the
project operates year-round or on a
seasonal basis. Provide the year the
property was built and placed into
service, the original sources of funding,
and the original amounts of funding
received. Include a description of any
significant improvements, repairs, or
modifications that have been made
since the property was placed in
service, which would include
substantial rehabilitations and
significant repairs that were needed due
to natural disasters. Provide any other
information that you may want to
disclose regarding the project and its
history.
ii. Brief description of the proposed
transaction. Provide a narrative of the
loan and/or grant funds that the
applicant is seeking from the RHS, or
any other third-party source, and a
description of what the funds will be
utilized for. Describe the scope of work
and explain how the transaction will
come together overall, including
information on how the project will
absorb any additional debt service, if
applicable.
iii. Description of the current
ownership structure with a detailed
organizational chart. If a transfer of
ownership is proposed as part of the
transaction, include the proposed
ownership structure with a detailed
organization chart.
iv. Narrative verifying the applicant’s
ability to meet the applicant eligibility
requirements stated earlier in this
Notice.
v. A statement of the applicant’s
experience in operating affordable rental
housing, labor housing or other rental
housing.
vi. Description of the applicant’s legal
and financial capability to carry out the
obligation and purpose of the loan and/
or grant.
vii. Current management. A brief
description of how the property is
currently managed. If a change in
management is proposed as part of the
transaction, provide a brief description
of the proposed plan to manage the
property. As stated earlier in this
Notice, the housing must be managed in
accordance with the management
regulations, 7 CFR part 3560.
viii. Any financial commitments,
financial concessions, or other
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economic benefits proposed to be
provided by the RHS.
ix. Third-party funding sources, if
applicable. For each third-party funding
source, briefly discuss the provider,
amount, including terms, commitment
status, timing issues, any restrictions
that will be applicable to the project,
and whether any accommodation from
the 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
the RHS to subordinate its lien position.
x. Any proposed compensation to
parties having an identity of interest
(IOI) with either the consultant or
technical assistance provider. An IOI is
defined in 7 CFR 3560.11
xi. Any proposed construction
financing, for example, a construction or
bridge loan or the use of multiple
advances.
xii. Type and method of construction,
such as negotiated bid or contractor
method.
xiii. Signed statement by the
applicant that they will pay any cost
overruns in accordance with 7 CFR
3560.63(f).
xiv. Estimated development timeline
to include estimated start and end date,
as well as any other important
milestones such as the proposed closing
date.
xv. Description of any required state
or local approvals and how they will be
obtained.
xvi. Description of the required and
intended applicant contribution, if
applicable.
xvii. Any other pertinent information
the applicant wishes to disclose as part
of this proposal.
xviii. A separate one-page information
sheet listing each of the application
scoring criteria contained in this Notice,
followed by a reference to the page
numbers of all relevant material and
documentation contained in the
proposal that supports the outlined
criteria.
(b) The following forms and
certifications are required:
i. Form RD 3560–1, ‘‘Application for
Partial Release, Subordination, or
Consent,’’ can be obtained at: https://
formsadmin.sc.egov.usda.gov//
efcommon/eFileServices/eFormsAdmin/
RD3560-0001.pdf.
ii. Standard Form 424, ‘‘Application
for Federal Assistance,’’ can be obtained
at: https://www.grants.gov/.
iii. Form RD 3560–30, ‘‘Certification
of no Identity of Interest (IOI),’’ can be
found at: https://forms.sc.egov.
usda.gov/efcommon/eFileServices/
eForms/RD3560-30.PDF. OR
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iv. Form RD 3560–31, ‘‘Identity of
Interest Disclosure/Qualification
Certification,’’ can be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-31.PDF.
An IOI is defined in 7 CFR 3560.11. The
RHS must 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.
v. Form HUD 2530, ‘‘Previous
Participation Certification,’’ if
applicable, can be found at: https://
www.hud.gov/sites/dfiles/OCHCO/
documents/2530.pdf.
vi. Form RD 400–4, ‘‘Assurance
Agreement,’’ can be found at: https://
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD400-4.PDF.
vii. 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.
viii. 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.
ix. Form RD 400–1, ‘‘Equal
Opportunity Agreement,’’ can be found
at: https://www.rd.usda.gov/files/UEP_
RD_From_400-1.pdf.
x. Form RD 400–6, ‘‘Compliance
Statement,’’ if applicable can be found
at: https://www.rd.usda.gov/files/
RD400-6.PDF.
xi. For projects that have five or more
rental units, an Affirmative Fair
Housing Marketing Plan (AFHMP) as
defined in 24 CFR part 200, subpart M.
(c) Provide the following financial
and organizational information:
i. Current (within 6 months of this
Notice’s application submission due
date) 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.’’
ii. Submit a current (within 6 months
of this Notice’s application submission
due date) comprehensive credit report
for both the entity and the actual
individual principals, partners and
members within the applicant entity,
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including any sub-entities who are
responsible for controlling the
ownership and operations of the entity.
If any of the principals in the applicant
entity are not natural persons (e.g.,
corporations, other limited liability
companies, trusts), separate commercial
credit reports must be submitted on
those organizations as well. Individual
personal consumer credit reports are not
required if a combination report is being
provided. Only credit reports provided
by accredited major credit bureaus will
be accepted (Experian, Equifax or
TransUnion). If the credit report(s) is
not submitted by the application
deadline, the application will be
considered incomplete and will not be
considered for funding.
iii. Letter from the IRS indicating the
applicant’s tax identification number.
iv. Individual applicants and
principals of organizational applicants
must provide to their attorney
acceptable evidence of U.S. citizenship
and/or qualified alien status. Acceptable
evidence of U.S. citizenship may
include a valid U.S. birth certificate, a
valid U.S. Passport, a valid U.S.
Certificate of Naturalization, or other
acceptable evidence of U.S. citizenship
proposed by the applicant and accepted
by the Agency. Acceptable evidence of
qualified alien status may include valid
documentation issued by the U.S.
Citizenship and Immigration Services
(USCIS), or other acceptable
documentation of qualified alien status
proposed by the applicant and accepted
by the Agency.
Attorney Certification. The
applicant’s attorney must review all
applicable evidence to verify U.S.
citizenship and/or qualified alien status,
must certify that the Agency’s U.S.
citizenship and/or qualified alien status
eligibility requirements are met by all
applicants, and must submit the
certification for Agency review with the
application.
v. Documentation verifying the
applicant is registered in the System for
Award Management (SAM) and the
applicant’s Unique Entity Identifier
(UEI) number (unless exempt under 2
CFR 25.110(b), (c), or (d)).
vi. For applicants that are limited
partnerships, a current and fully
executed limited partnership agreement
and certificates of limited partners.
vii. For applicants that are limited
liability corporations, evidence of
organization under State and local law
and a copy of the applicant’s Articles of
Organization and Operating Agreement.
viii. If a nonprofit organization:
a. Tax-exempt ruling from the Internal
Revenue Service designating them as a
501(c)(3) or 501(c)(4) organization.
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b. Purpose statement, including the
provision of low-income housing.
c. Evidence of organization under
state and local law and a copy of the
applicant’s charter, Articles of
Incorporation, and By-laws.
d. List of Board of Directors including
names, occupations, phone numbers,
and addresses.
e. If a member or subsidiary of
another organization, the organization’s
name, address, and nature of business.
ix. For entity applicants, a Certificate
of Good Standing.
x. Attorney Certification. Letter from
the applicant’s attorney certifying the
legal sufficiency of the organizational
documents. The attorney must certify:
a. The applicant’s legal capacity to
successfully operate the proposed
project for the life of the loan and/or
grant.
b. For entity applicants, that the
organizational documents comply with
applicable RHS regulations.
c. For partnership or limited
partnership applicants, that the term of
the partnership extends at least through
the latest maturity of all proposed RHS
debt.
d. For entity applicants, that the
organizational documents require prior
written RHS approval for any of the
following: withdrawal of a general
partner from a partnership or any
member from an LLC, admission of a
general partner to a partnership or any
member to an LLC, amending the
organizational documents, and selling
all or substantially all of the assets of
the applicant.
e. For current RHS borrowers, that
there have been no changes to either the
ownership entity or the property that
have not been approved by the RHS.
(d) Provide the following information
about the Project:
i. Document the need for the project.
The applicant must provide
documentation that the average physical
vacancy rate for the twelve (12) months
preceding this Notice’s application
submission due date has been no more
than ten (10) percent for projects
consisting of sixteen (16) or more
revenue units, and no more than fifteen
(15) percent for projects with less than
sixteen (16) revenue units, unless the
project is seasonal Off-FLH, or unless
the applicant has an RHS approved
workout plan and is in compliance with
the provisions of the workout plan, and
provides documentation that clearly
demonstrates to the RHS that sufficient
market demand exists. If the project is
seasonal Off-FLH, the applicant must
provide detailed documentation for the
twenty-four (24) months preceding this
Notice’s application submission due
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79235
date that verifies the project’s
operations, including information
regarding the open and close date, leaseup, vacancy, rent rolls, waiting lists,
operating budgets, and any other
information the applicant wants to
provide to document the need for the
seasonal Off-FLH project.
If the project does not meet the
vacancy requirements above, a
description of the cause of the vacancy
rate and the plan to increase the
occupancy rate must be submitted. The
requested loan or grant funds must be
needed to stabilize occupancy. In
addition, if the project does not meet the
vacancy requirements above, the
project’s waiting list and documentation
regarding the market area must be
submitted to support the need for the
project. The market area must be clearly
identified and may include only the
area from which tenants can reasonably
be drawn to the project. For Off-Farm
projects that do not meet the vacancy
requirements above, documentation
must be provided to justify the need
within the primary market area for the
housing of domestic farm laborers. The
documentation must also consider
disabled and retired farm workers and
adjusted median incomes of very-low,
low, and moderate.
ii. Documentation that the project has
a positive cash flow. The applicant must
provide documentation that the project
had a positive cash flow for the previous
full three (3) years of operations
preceding this Notice’s application
submission due date. An exception
applies for projects with an RHS
approved workout plan wherein the
applicant is in compliance with the
provisions of the workout plan for a
minimum of six consecutive months
before becoming eligible for a loan and/
or grant under this Notice. Additionally,
an exception will apply to projects that
have a negative cash flow in operations
if surplus cash exists in either the
general operating account as defined in
7 CFR 3560.306(d)(1) or the reserve
account. Surplus cash exists when the
balance is greater than the required
deposits minus authorized withdrawals.
The applicant must provide the project’s
annual financial report(s) to document
the project complies with this exception
for each year the project has a negative
cash flow, if applicable. Seasonal OffFLH properties that receive Operating
Assistance (OA) are exempt from this
requirement.
(e) Provide the following construction
related documents:
i. Plans and specifications along with
the proposed manner of construction.
The housing must meet RHS’s design
and construction standards contained in
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7 CFR part 1924, subparts A and C, and
must also meet all applicable Federal,
State, and local accessibility standards
and current codes. The plans and
specifications along with the proposed
manner of construction must be
submitted prior to the approval of the
application. The RHS will notify eligible
applicants of the deadline to submit
these materials. Also, applications for
Off-FLH loans and grants must meet the
design requirements in 7 CFR 3560.559.
ii. Construction planning, bidding,
and contract documents, including the
construction contract and architectural
agreement. The construction planning,
bidding, and contract documents,
including the construction contract and
architectural agreement, must be
submitted prior to the approval of the
application. The RHS will notify eligible
applicants of the deadline to submit
these materials.
iii. For Off-FLH projects that do not
currently have 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.
iv. The applicant must submit a
checklist, certification, and signed
affidavit by the project architect or
engineer, as applicable, for any energy
programs in which the applicant
intends to participate.
v. An estimate of development costs
utilizing Form RD 1924–13, ‘‘Estimate
and Certificate of Actual Cost,’’ which
can be found at: https://forms.sc.egov.
usda.gov/efcommon/eFileServices/
eForms/RD1924-13.PDF.
(f) Provide the following project
financing information:
i. A Sources and Uses Statement
which shows all sources of funding
included in the proposed transaction.
The terms and schedules of all sources
included in the project should be
included in the Sources and Uses
Statement. (Note: A Section 516 grant
may not exceed 90 percent of the total
development cost (TDC) of the
transaction.)
ii. All applications that propose the
use of any grant, leveraged funds, or
similar funding source must submit firm
commitment letters with their
application, if available. Applicants
dependent upon third-party funding,
including but not limited to local, State,
and Federal resources through
competitive and noncompetitive
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application rounds, must obtain and
submit to the Agency a satisfactory
commitment of those funds, as
determined by the Agency, upon
receipt, but no later than the twelvemonth time frame, as specified in the
award commitment. An extension of the
award commitment of up to six months
may be given, at the sole discretion of
the Agency, and will be based on project
viability, current program demand, and
availability of program funds.
Applicants unable to satisfy this
condition of the award commitment will
be subject to having the award
rescinded and will be required to
reapply in future funding
announcements.
iii. Description of how the applicant
will meet the applicable equity
contribution requirement.
(g) Provide the following
environmental information:
i. Environmental information in
accordance with the requirements of 7
CFR part 1970. 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.
ii. 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, if applicable. A
letter from the SHPO and/or THPO
where the project is located, signed by
their designee, will serve as evidence of
compliance.
iii. Intergovernmental review.
Evidence of compliance with Executive
Order 12372. Information is available on
the USDA website at: https://
www.usda.gov/ocfo/federal-financialassistance-policy/intergovernmentalreview. The applicant must initiate the
intergovernmental review by submitting
the required information to the
applicable State Clearinghouse. The
applicant must provide documentation
that the intergovernmental review
process was completed. The applicant
must also submit any comments that
were received as part of this review to
the agency. If no comments are received,
the applicant must provide
documentation that the review was
properly initiated and that the required
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comment period has expired.
Applications from Federally recognized
Indian Tribes are not subject to this
requirement.
(h) Provide the following budget and
project management information:
i. A proposed post-transaction
operating budget utilizing Form RD
3560–7, ‘‘Multiple Family Housing
Project Budget/Utility Allowance’’.
Form can be found at: https://forms.sc.
egov.usda.gov/efcommon/eFileServices/
eForms/RD3560-7.PDF. The budget
must include the debt service of the new
RHS loan(s), if applicable. This will be
a post transaction budget that must
include a narrative which provides
justification for any changes between
the current budget and proposed budget.
The RHS will review the budget to
determine that the income and expenses
are reasonable and customary for the
area. The RHS will also verify that the
budget reflects the new RHS loan debt
service, if applicable, the existing RHS
loan debt service, the number of units,
unit mix, and rents. Overall, the RHS
must review the budget for feasibility,
accuracy, and reasonableness.
ii. Form RD 3560–13, ‘‘Multifamily
Project Borrower’s/Management Agent’s
Management Certification,’’ can be
found at: https://forms.sc.egov.
usda.gov//efcommon/eFileServices/
eForms/RD3560-13.PDF. This document
is required only if the owner is changing
the management agent or the
management fee as part of this proposal.
iii. Management plan with all
attachments, including the proposed
record keeping system, the proposed
lease with an attorney’s certification and
the proposed occupancy rules. This
document is required only if the owner
is changing the management agent or
revising the management plan and any
attachments as part of this proposal.
iv. Management Agreement. This
document is only required if the owner
is changing the management agent or
revising the management agreement and
any attachments as part of this proposal.
v. Tenant relocation plan, if
applicable. Loans and/or grants that are
made for major repair may require the
temporary relocation of tenants while
the project is undergoing work. The
applicant must provide a plan and
financial assistance for relocation of
displaced persons from a site on which
a project will be located.
(i) Provide the following third-party
reports:
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i. Acceptable appraisal. Appraisals
may be conditioned but will be required
prior to closing. For Off-Farm projects,
please refer to the Agency’s appraisal
assignment guidance under the ‘‘To
Apply’’ tab on the Off-Farm Labor
Housing Direct Loans & Grants website
(https://www.rd.usda.gov/programsservices/multifamily-housing-programs/
farm-labor-housing-direct-loansgrants#to-apply). For this funding type,
applicants should use the appraisal
assignment guidance named ‘‘MFH_
514_516_Off Farm_Rehabilitation Only_
Appraisal Assignment Guidance’’ or
‘‘MFH_514_516_Off Farm_Transfer and
Rehabilitation_Appraisal Assignment
Guidance,’’ as applicable.
For Section 515 projects, please refer
to the Agency’s appraisal assignment
guidance under the ‘‘To Apply’’ tab on
the Multifamily Preservation and
Revitalization (MPR) website (https://
www.rd.usda.gov/programs-services/
multifamily-housing-programs/
multifamily-preservation-andrevitalization-mpr#to-apply). For this
funding type, applicants should use the
appraisal assignment guidance named
‘‘MFH_515_Rehabilitation_Appraisal
Assignment Guidance’’ or ‘‘MFH_515_
Transfer and Rehabilitation_Appraisal
Assignment Guidance,’’ as applicable.
Project funds may be used to obtain
the appraisal if there are adequate funds
available and the request to use project
funds is approved by the Field
Operations Division servicing official.
No appraisal is required for
subsequent Section 516 Off-FLH grant
only requests.
ii. An acceptable As-Is CNA in
accordance with the requirements set
forth in the CNA Template and CNA
Process Addendum provided at https://
www.rd.usda.gov/programs-services/
multifamily-housing-programs/
multifamily-housing-direct-loans#toapply.
Project funds may be used to obtain
the As-Is CNA if there are adequate
funds available and the request to use
project funds is approved by the Field
Operations Division servicing official.
The repair plan should be developed in
accordance with the CNA and the
applicant should submit documentation
of the detailed plan and timeline for
completion of the repair work.
If any of the required items listed
above, with the exception of the
appraisal, are not submitted within the
application in accordance with this
Notice, or are incomplete, the
application will be considered
incomplete and will not be considered
for funding. An acceptable appraisal
will be required as a condition of
funding but may be submitted prior to
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closing to minimize upfront third-party
report costs for applicants. If the
application is incomplete or deemed
ineligible, the applicant will be notified
of any applicable appeal rights under 7
CFR part 11. Applications that are
deemed eligible but are not selected for
further processing due to a lack of
funding will be withdrawn from
processing and will be encouraged to
apply to future Notices. This action is
not appealable.
The RHS will not consider
information from the applicant after the
application deadline, expect as
expressly specified in this Notice. The
RHS may contact the applicant to clarify
other items in its application. The 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. Non-curable
deficiencies are threshold components
that effect the review and rating of the
application, including but not limited
to, evidence of an eligible entity and
evidence of the need for the project.
Each application must address the
applicable scoring criteria presented in
this Notice for the type of funding being
requested.
(2) System for Award Management
and Unique Entity Identifier. The
System for Award Management (SAM)
is the Official U.S. Government system
for collection of forms for acceptance of
a Federal award through the registration
or annual recertification process. On
April 4, 2022, the unique entity
identifier used across the Federal
Government changed from the Data
Universal Numbering System (DUNS)
Number to the Unique Entity ID (UEI)
(generated by SAM.gov).
All program applicants, unless
exempt under 2 CFR 25.110(b), (c), or
(d), are required to:
i. Be registered in System Award
Management (SAM) before submitting
their applications;
ii. Provide a valid Unique Entity ID
(UEI) in their applications; and
iii. Continue to maintain an active
SAM registration with current
information at all times during which
they have an active Federal award or an
application or plan under consideration
by a Federal awarding agency.
The Federal awarding agency may not
make a Federal award to an applicant
until the applicant has complied with
all applicable SAM requirements and, if
an applicant has not fully complied
with the requirements by the time the
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79237
Federal awarding agency is ready to
make a Federal award, the Federal
awarding agency may determine that the
applicant is not qualified to receive a
Federal award and use that
determination as a basis for making a
Federal award to another applicant.
SAM is the Official U.S. Government
system for collection of forms for
acceptance of a Federal award through
the registration or annual recertification
process. Applicants may register for
SAM at https://www.sam.gov or by
calling 1–866–606–8220. The applicant
must ensure that the information in the
database is current, accurate, and
complete. On April 4, 2022, the unique
entity identifier used across the Federal
Government changed from the DUNS
Number to the UEI (generated by
SAM.gov). As required by the Office of
Management and Budget (OMB), all
applications must provide a UEI number
when applying for Federal assistance.
Instructions for obtaining the UEI are
available at https://sam.gov/content/
entity-registration. Applicants must
ensure they complete the Financial
Assistance General Certifications and
Representations in SAM. Similarly, all
recipients of Federal financial assistance
are required to report information about
first-tier subawards and executive
compensation in accordance with 2 CFR
part 170. So long as an entity applicant
does not have an exception under 2 CFR
170.110(b), the applicant must have the
necessary processes and systems in
place to comply with the reporting
requirements should the applicant
receive funding. See 2 CFR 170.200(b).
Additional information concerning
these requirements can be obtained on
the Grants.gov website at https://
www.grants.gov. The applicant must
provide documentation that they are
registered in SAM and their UEI number
or the application will not be
considered for funding. The following
forms for acceptance of a Federal award
are now collected through the
registration or annual recertification in
SAM.gov in the Financial Assistance
General Certifications and
Representations section:
• Form AD–1047, ‘‘Certification
Regarding Debarment, Suspension, and
Other Responsibility Matters-Primary
Covered Transactions.’’
• Form AD–1048, ‘‘Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion.
Lower Tier Covered Transactions.’’
• Form AD–1049, ‘‘Certification
Regarding Drug-Free Workplace
Requirements (Grants).’’
• Form AD–3031, ‘‘Assurance
Regarding Felony Conviction or Tax
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Delinquent Status for Corporate
Applicants.’’
• Form AD–3030, ‘‘Representations
Regarding Felony Conviction and Tax
Delinquent Status for Corporate
Applicants.’’
(e) The Agency will not make an
award until the applicant has complied
with all SAM requirements including
providing the UEI. If an applicant has
not fully complied with the
requirements by the time the Agency is
ready to make an award, the Agency
may determine that the applicant is not
qualified to receive a Federal award and
use that determination as a basis for
making a Federal award to another
applicant.
H. Submission Information
The Agency will not solicit, accept, or
consider new scoring or eligibility
information that is submitted after the
application deadline. RHS reserves the
right to ask applicants for clarifying
information and additional verification
of assertions in the application. All
required application documents in
accordance with this Notice must be
submitted on or before 12 p.m. (ET)
December 26, 2024. Please refer to the
DATES section of this Notice for details.
Last-minute requests and submissions
may not allow adequate time for the
submission process to take place prior
to the application deadline.
Applications will be rejected if not
received by the deadline date and time,
regardless of when submitted. The
Agency is not liable for technical issues
or system-related difficulties that affect
an applicant’s ability to submit
applications in a timely fashion in
accordance with the instructions of this
NOFA. Application submissions must
meet all the requirements of this Notice.
No application will be accepted after the
deadline unless the date and time is
extended by another Notice published
in the Federal Register. Incomplete
applications and applications submitted
after the deadline will be rejected
without being scored.
Applicants are encouraged to include
a checklist of all the application
requirements and to index and tab their
application to facilitate the review
process:
b Table of Contents citing all
documents submitted;
b Checklist of Application
Requirements indexed in order; and
b Application Scoring Criteria Sheet
listing each of the scoring criteria
contained in the Program Notice,
followed by page number references
for all supporting materials and
documentation contained in the
application package.
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I. Application Review Process
The Agency will determine if
applications meet the following criteria:
• The application was received by the
submission deadline;
• The application is complete as
specified in the NOFA;
• The application is for an authorized
purpose; and
• The applicant meets Agency
eligibility requirements.
Applicants that are rejected by the
Agency because they do not meet the
criteria above will not be scored or
ranked. Only applications meeting the
above criteria will be scored and ranked.
RHS will use the scoring and ranking
factors outlined in this Notice for MPR
and Section 515 RRH application(s).
After the Agency’s initial assessment
is complete, the Agency will score and
rank complete and eligible
application(s) as outlined in this Notice.
The Agency will process the
applications in order of their ranking
(from highest score to lowest score)
taking into account available funds. If
any loan applications are withdrawn,
rejected, or delayed for a period of time
that will not permit funding in the
current funding cycle, the Agency will
process, in rank order, the next loan
application as funding levels permit,
subject to the goals for geographic
distribution of funds as described in
section D of this Notice. The Agency
reserves the right to offer the applicant
less than the funding amount requested.
Upon completion of the funding round,
the Agency will notify applicants of
their score, upon request.
J. Scoring Criteria
Application scoring will be based on
information provided in the
applications and in Agency records. A
minimum score of 20 points for scoring
criteria (1) and (2), along with meeting
all other eligibility requirements, e, will
be required for a project to receive
funding. Meeting the minimum scoring
requirements does not guarantee
funding. Points will be awarded as
follows:
(1) Development Team Experience (up
to 15 points). Applicants should
demonstrate their team’s recent
experience in successfully completing
the rehabilitation of affordable MFH
and/or FLH projects, as applicable, in a
timely manner. If other funding sources
are being sought, RHS will consider the
applicant’s experience with utilizing
Federal financing programs, including
timely project completion. A firm
resume must be provided for all
members of the applicant’s ownership
entity and the proposed management
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team, including the management agent.
The description or firm resumes must
include any rental housing projects
facilities that the applicant team
sponsored, owns, or operates. To score
the highest number of points for this
factor, applicants must describe
significant previous experience in
development, rehabilitation, and
preservation of affordable housing
projects. Points will be awarded as
follows:
(a) Low level of development experience
(5 points)
(b) Medium level of development
experience (10 points)
(c) High level of development
experience (15 points)
(2) Ownership and Management
Capacity (10 points). Applicants should
demonstrate that they have the
experience and organizational resources
to successfully own, operate and
manage affordable MFH and/or FLH
projects on a long-term basis. A firm
resume must be provided for all
members of the applicant’s ownership
entity and the proposed management
team, including the management agent.
Each resume must include FLH and
affordable MFH ownership and
management 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.
Points will be awarded as follows:
(a) Inadequate owner and management
experience (0 points)
(b) Acceptable owner and management
experience (10 points)
(3) Disaster-Impacted Properties (5
points). Points may be awarded to
projects that have been adversely
impacted by the occurrence of a natural
or man-made disaster that caused
physical property damage or failure that
is not fully reimbursable by property,
casualty or liability insurance or any
other form of third-party compensation,
such as disaster loans and grants from
other agencies. To qualify for points,
properties must have outstanding repair
and rehabilitation needs stemming from
the natural or man-made disaster that
have not been remedied due to
inadequate insurance/third-party
compensation.
(4) Projects with Existing MPR Debt
Deferrals Expiring Prior to January 1,
2027 (5 points). Points are awarded to
properties with an existing MPR debt
deferral that is expiring prior to January
1, 2027. Documentation of the existing
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loan deferral(s) must be provided with
the application.
(5) Projects Reaching Mortgage
Maturity Prior to January 1, 2027 (5
points). Points are awarded if all Agency
loans on the property have maturity
dates prior to January 1, 2027. If the
applicant is proposing a consolidation
of two or more properties into a single
project, all Agency loans on the
consolidated project must have loan
maturity dates prior to January 1, 2027,
to receive points.
(6) Non-Selected Projects with a
Complete Application Submitted for
Section 515 Subsequent Loan Funding
in FY2023 (5 points). Points are
awarded to projects for which a
complete application was submitted for
an FY2023 Section 515 Subsequent
Loan but the project was not selected for
funding. Applicants must provide a
copy of the letter from the Agency
indicating that a complete application
was received but the project was not
selected for funding.
(7) Immediate Capital Needs for
Health, Safety and Accessibility Repairs
(up to 20 points). To receive points,
applicants must submit a Capital Needs
Assessment that includes
documentation of the immediate health,
safety and accessibility (H/S/A) repairs
required for the property. Points will be
awarded based on the percentage of
project construction costs allocated for
immediate H/S/A repairs and
improvements. To receive points,
applicants must clearly document the
immediate H/S/A repairs and calculate
the cost of those repairs as a percentage
of the total project construction costs.
Points will be awarded as follows:
(a) Immediate H/S/A repairs >40% of
construction costs: 20 points
(b) Immediate H/S/A repairs 31–40% of
construction costs: 15 points
(c) Immediate H/S/A repairs 21–30% of
construction costs: 10 points
(d) Immediate H/S/A repairs 11–20% of
construction costs: 5 points
(8) Energy Efficiency and Green
Building (up to 5 points). Points will be
awarded to applicants demonstrating
through written narrative how the
proposed repair project meets energy
efficiency, pollution mitigation or clean
energy goals through the following
programs. Applicants must submit the
corresponding checklist, registrations in
programs, and commitments signed by
the owner, the architect, applicable
mechanical, electrical plumbing, and
structural engineers, and other programrequired green building professionals,
energy modelers and raters as applicable
to the programs selected for point
consideration.
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(a) Program participation (3 points).
Applicants will receive points for
participation in one of the following
programs:
• EPA’s Energy Star Multifamily
Certification or Energy Star Next Gen
(https://www.energystar.gov/partner_
resources/residential_new/homes_
prog_reqs/multifamily_national_page)
• DOE Zero Energy Ready Homes
(https://www.energy.gov/eere/
buildings/zero-energy-ready-homes)
• Earth Advantage (https://www.earth
advantage.org/)
• Earthcraft Gold or Platinum (https://
earthcraft.org/programs/earthcrafthouse/)
• Green Communities program by the
Enterprise Community Partners (2020
Criteria, EGC + Zero Ready/Phius)
(https://www.enterprise
community.org/solutions-andinnovation/green-communities)
• Greenpoint Gold or Platinum (https://
www.greenpointrated.com/
greenpoint-rated/)
• The National Green Building
Standard (–GBS)—Multifamily and
Mixed Use (four levels of base
certification, plus *NGBS Green +
NET ZERO ENERGY
CERTIFICATION) (https://www.home
innovation.com/services/certification/
green_homes/multifamily_
certification)
• International Living Future Institute
(ILFI) Living Building Challenge (LBC
4.0—Core Building Certification,
*Zero Energy, *Zero Carbon) (https://
living-future.org/lbc/)
• LEED V4 Homes and Multifamily
Midrise, or LEED BD+C: Homes and
Multifamily Lowrise LEED BD+C:
Multifamily Midrise (four levels of
certification, plus *LEED Zero)
(https://www.usgbc.org/resources/
leed-v4-homes-and-multifamilymidrise-current-version)
• Passive House Institute US, Inc.
(Phius Core, *Phius Zero) (https://
multifamily.phius.org/servicecategory/phius-within-reach)
(b) Water Conservation (1 point). One
point will be awarded for xeriscaping of
site landscaping and/or water
conservation in irrigation measures to
include a recycled water (gray water or
storm water) for landscape irrigation
covering 50 percent or more of the
property’s site landscaping needs. To
receive points, the architect or
consulting landscape architect must
illustrate in narrative, draft
specifications, and schematic drawings
how this will be achieved.
(c) Property Management Credentials
(1 point). One point will be awarded if
the designated property management
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79239
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, U.S. Green
Building Council Leadership in Energy
and Environmental Design (USGBC
LEED) for Operations and Maintenance,
or another source with a certifiable
credentialing program. To receive
points, credentialing must be illustrated
in the resume(s) of the property
management team and included with
the application.
All projects awarded scoring points
for energy initiatives will be required to
enroll the project in the EPA Portfolio
Manager program and the associated
EPA Water Score program to track post
construction energy consumption data
as well as water usage. More
information about this program may be
found at: https://www.energystar.gov/
buildings/benchmark.
(9) Leveraging Other Funding Sources
(up to 15 points). Points will be
allocated for applications that leverage
other funds based on the percentage of
leveraged funds. . Leveraged funds are
defined as non-Section 514/515/516/
MPR funds, including third-party funds
from equity, grants, loans and deferred
developer fees. Points are calculated as
follows:
(a) Leveraged funds/TDC is greater than
50%: 15 points
(b) Leveraged funds/TDC is 26–50%: 10
points
(c) Leveraged funds/TDC is 11–25%: 5
points
(10) Projects Providing Access to
Supportive Services for Tenants (5
points). Points are awarded to projects
that employ a Service Coordinator,
documented as a project expense in the
most recent agency-approved Form RD
3560–7 Multifamily Housing Project
Budget/Utility Allowance, or include
units designated as permanent
supportive units or for homeless
households, documented by an
agreement with another Federal or State
funding source. To receive points, the
applicant must describe the basis for
claiming points (i.e., service coordinator
and/or permanent supportive housing/
homeless unit set-aside) and provide
documentation to include the Form
3560–7 and/or an agreement describing
the terms and conditions for the units
designated as permanent supportive
housing or for homeless households, as
applicable.
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(11) Creating More and Better
Markets: Assisting rural communities to
recover economically through more and
better market opportunities through
improved infrastructure. (5 points).
Applicants receive priority points if the
project is located in or serving a rural
community whose economic well-being
ranks in the most distressed tier of the
Distressed Communities Index. The
Distressed Communities Index provides
a score between 1–100 for every
community at the zip code level. The
most distressed tier of the index are
those communities with a score over 80.
Applicants should use the Distressed
Communities Index Look-Up Map to
determine if the project qualifies for
priority points. Provide a copy of the
map showing the project is eligible to
claim points.
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Note: U.S. Territories are considered
distressed and qualify for priority points. For
additional information on data sources used
for this priority determination, please
download the Data Sources for Rural
Development Priorities document at the
website: https://www.rd.usda.gov/media/file/
download/rd-ic-prioritiesdatasupplemental
updatedfy2024.pdf. Additional information
for priority points can be found on the
following website: https://www.rd.usda.gov/
priority-points.
(12) Advancing Racial Justice, PlaceBased Equity, and Opportunity:
Ensuring all rural residents have
equitable access to RD programs and
benefits from RD funded projects. (5
points). Applicants receive priority
points if the project is located in or
serving a community with a score of
0.75 or above on the Centers for Disease
Control and Prevention (CDC) Social
Vulnerability Index. Applicants should
use Social Vulnerability Index Map look
up map or list to determine if the project
qualifies for points. Provide a copy of
the map showing the project is eligible
to claim points. Applications from
Federally Recognized Tribes, including
Tribal instrumentalities and entities that
are wholly owned by Tribes will receive
points. Federally Recognized Tribes are
classified as any Indian or Alaska Native
Tribe, band, nation, pueblo, village, or
community as defined by the Federally
Recognized Indian Tribe List Act (List
Act) of 1994 (Pub. L. 103–454). Please
refer to the Bureau of Indian Affairs for
a listing of Federally Recognized Tribes
at 89 FR 944 (January 8, 2024) (https://
www.federalregister.gov/documents/
2024/01/08/2024-00109/indian-entitiesrecognized-by-and-eligible-to-receiveservices-from-the-united-states-bureauof). Additionally, projects where at least
50% of the project beneficiaries are
members of Federally Recognized
Tribes, will receive points if
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applications from non-Tribal applicants
include a Tribal Resolution of Consent
from the Tribe or Tribes that the
applicant is proposing to serve. Note:
U.S. Territories are considered socially
vulnerable and qualify for points.
An applicant would receive priority
points if the project is an application
from or benefiting a Rural Partner’s
Network’s (RPN) community network.
Currently RPN Networks exist in
Alaska, Arizona, Georgia, Kentucky,
Mississippi, Nevada, New Mexico,
North Carolina, Puerto Rico, West
Virginia, and Wisconsin. Use the
Community Look-Up map available at
www.rd.usda.gov/priority-points to
determine if your project qualifies.
Please provide a map or other
documentation showing that the project
is located in an RPN community
network.
For additional information on data
sources used for this priority
determination, please download the
Data Sources for Rural Development
Priorities document at the website:
https://www.rd.usda.gov/media/file/
download/rd-ic-prioritiesdata
supplementalupdatedfy2024.pdf.
Additional information for priority
points can be found on the following
website: https://www.rd.usda.gov/
priority-points.
(13) Addressing Climate Change and
Environmental Justice: Reducing
climate pollution and increasing
resilience to the impacts of climate
change through economic support for
rural communities (5 points).
Applicants can receive points through
one of the options listed below. A
maximum of 5 points can be received
even if the applicant meets the
requirements for both options.
Option 1: Points will be awarded if
the project is located in or serves a
Disadvantaged Community as defined
by the Climate and Economic Justice
Screening Tool (CEJST), from the White
House Council on Environmental
Quality (CEQ). CEJST is a tool to help
Federal agencies identify disadvantaged
communities that will benefit from
programs included in the Justice40
initiative. Census tracts are considered
disadvantaged if they meet the
thresholds for at least one of the CEJST’s
eight (8) categories of burden: Climate,
Energy, Health, Housing, Legacy
Pollution, Transportation, Water and
Wastewater, or Workforce Development.
Option 2: Points will be awarded if
the project is located in or serves an
Energy Community as defined by the
Inflation Reduction Act (IRA). The IRA
defines energy communities as:
• A ‘‘brownfield site’’ (as defined in
certain subparagraphs of the
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Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA)).
• A ‘‘metropolitan statistical area’’ or
‘‘non-metropolitan statistical area’’ that
has (or had at any time after 2009).
• 0.17% or greater direct employment
or 25% or greater local tax revenues
related to the extraction, processing,
transport, or storage of coal, oil, or
natural gas, and has an unemployment
rate at or above the national average
unemployment rate for the previous
year.
• A census tract (or directly adjoining
census tract) in which a coal mine has
closed after 1999, or in which a coalfired electric generating unit has been
retired after 2009.
To determine if your project qualifies
for points under Option 1 or Option 2,
please use the Disadvantaged
Community & Energy Community LookUp Map on the following website:
https://www.rd.usda.gov/priority-points.
Provide a copy of the map showing the
project is eligible to claim points.
K. Federal Award Administration
Information
1. Federal Award Notices
Successful applicants will receive
notification by email for funding from
the USDA Rural Development Office of
Multifamily Housing. Applicants must
comply with all applicable statutes and
regulations before the award will be
approved. Receipt of an award letter
does not serve to authorize the applicant
to commence performance under the
award. Award letters will include
conditions that must be met prior to
award closing. Unsuccessful
applications will receive notification by
email, detailing why the application
was unsuccessful.
2. Administrative and National Policy
Requirements
There are no known unusual
Administrative and National Policy
Requirements associated with this
program under this Notice.
3. Reporting
Performance reporting, including
applicable forms, narratives, and other
documentation, are to be completed and
submitted in accordance with the
provisions of 7 CFR 3560.308 and the
Grant Agreement.
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
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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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L. Federal Awarding Agency Contact(s)
For general questions about this
announcement, please contact Jonathan
D. Bell, Director, Processing and Report
Review Branches, Production and
Preservation Division, MFH, RD, USDA,
via email: MFHprocessing1@usda.gov or
telephone: (202) 205–9217.
M. Build America, Buy America
Funding to Non-Federal Entities: Forprofit entities and other entities not
included in the definition of NonFederal Entities, defined pursuant to 2
CFR 200.1, are not subject to the Build
America, Buy America Act (BABAA).
The Infrastructure Investment and Jobs
Act (IIJA) (Pub. L. 117–58), requires the
following Buy America preference for
the Multifamily Housing Revitalization
Demonstration Program (MPR)
(Assistance Listing 10.447) and the
Section 515 Direct Loan program:
(a) All iron and steel used in the
project are produced in the United
States. This means all manufacturing
processes, from the initial melting stage
through the application of coatings,
occurred in the United States.
(b) All manufactured products used in
the project are produced in the United
States. This means the manufactured
product was manufactured in the
United States, and the cost of the
components of the manufactured
product that are mined, produced, or
manufactured in the United States is
greater than 55 percent of the total cost
of all components of the manufactured
product, unless another standard for
determining the minimum amount of
domestic content of the manufactured
product has been established under
applicable law or regulation.
(c) All construction materials are
manufactured in the United States. This
means that all manufacturing processes
for the construction material occurred in
the United States.
VerDate Sep<11>2014
17:09 Sep 26, 2024
Jkt 262001
Awards under this announcement for
infrastructure projects to non-Federal
entities, defined pursuant to 2 CFR
200.1 as any State, local government,
Indian Tribe, Institution of Higher
Education, or nonprofit organization,
shall be governed by the requirements of
Section 70914 of BABAA within the
IIJA, and its implementing regulations.
Infrastructure projects include
structures, facilities, and equipment that
generate, transport, and distribute fuel
or energy, including electric vehicle
(EV) charging stations. Infrastructure
projects also include structures,
facilities, and equipment for roads,
highways, and bridges; public
transportation; dams, ports, harbors, and
other maritime facilities; intercity
passenger and freight railroads; freight
and intermodal facilities; airports; water
systems, including drinking water and
wastewater systems; electrical
transmission facilities and systems;
utilities; broadband infrastructure; and
buildings and real property.
In accordance with BABAA, however,
USDA has determined that de minimis,
small grants, and minor components
shall be waived from the requirements
of BABAA, pursuant to a public interest
waiver that was granted to the
Department on September 13, 2022.
Under such waiver, small grants below
the Simplified Acquisition Threshold,
which is currently set at $250,000 shall
not be subject to BABAA. Additionally,
de minimis and minor components, as
described in the Department waiver, are
also not subject to BABAA.
Applicants and projects that are
subject to BABAA may request other
specific waivers, pursuant to the
requirements posted at the USDA Office
of the Chief Financial Officer Office
website: https://www.usda.gov/ocfo/
federal-financial-assistance-policy/
USDABuyAmericaWaiver.
N. Other Information
(a) Paperwork Reduction Act. In
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection
requirements associated with the
programs, as covered in this Notice,
have been approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0570–0190.
(b) National Environmental Policy
Act. All recipients under this Notice are
subject to the requirements of 7 CFR
part 1970.
(c) Federal Funding Accountability
and Transparency Act. All applicants,
in accordance with 2 CFR part 25
(https://www.ecfr.gov/current/title-2/
part-25), must be registered in SAM and
have a UEI number as stated in
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
79241
‘‘GENERAL SECTION’’ of this Notice.
All recipients of Federal financial
assistance are required to report
information about first-tier sub-awards
and executive total compensation in
accordance with 2 CFR part 170 (https://
www.ecfr.gov/current/title-2/part-170).
(d) Debarment and Suspension.
Applicants are not eligible if they have
been debarred or suspended or
otherwise excluded from, or ineligible
for, participation in Federal assistance
programs under 2 CFR parts 180 and
417. The Applicant will be required to
comply with the requirement in 2 CFR
180.335.
(e) Civil Rights Act. All grants made
under this Notice are subject to title VI
of the Civil Rights Act of 1964 as
required by the USDA (7 CFR part 15,
subpart A, and section 504 of the
Rehabilitation Act of 1973, title VIII of
the Civil Rights Act of 1968, title IX,
Executive Order 13166 (Limited English
Proficiency), Executive Order 11246,
and the Equal Credit Opportunity Act of
1974.
(f) Non-Discrimination Policy. In
accordance with Federal civil rights
laws and USDA civil rights regulations
and policies, the USDA, its Mission
Areas, agencies, staff offices, employees,
and institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, 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.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office or the 711
Federal Relay Service.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.usda.gov/sites/default/
files/documents/ad-3027.pdf, from any
USDA office, by calling (866) 632–9992,
or by writing a letter addressed to
USDA. The letter must contain the
complainant’s name, address, telephone
number, and a written description of the
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
alleged discriminatory action in
sufficient detail to inform the Assistant
Secretary for Civil Rights (ASCR) about
the nature and date of an alleged civil
rights violation. The completed AD–
3027 form or letter must be submitted to
USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: Program.Intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024–22177 Filed 9–24–24; 4:15 pm]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–922, A–583–842]
Raw Flexible Magnets From the
People’s Republic of China and
Taiwan: Final Results of the Expedited
Third Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department Commerce.
SUMMARY: As a result of these third
expedited sunset reviews, the U.S.
Department of Commerce (Commerce)
finds that revocation of the antidumping
duty orders on raw flexible magnets
from the People’s Republic of China
(China) and Taiwan would be likely to
lead to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Expedited Sunset
Reviews’’ section of this notice.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Garry Kasparov, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1397.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On June 3, 2024, Commerce published
in the Federal Register the initiation of
the third sunset reviews of antidumping
duty orders on raw flexible magnets
from China and Taiwan pursuant to
VerDate Sep<11>2014
17:09 Sep 26, 2024
Jkt 262001
section 751(c) of the Tariff Act of 1930,
as amended (the Act).1
On June 14, 2024, we received a
timely notice of intent to participate in
these sunset reviews from Magnum
Magnetics Corporation (Magnum), a
domestic interested party, pursuant to
19 CFR 351.218(d)(1)(i).2 Magnum
claimed interested party status under
section 771(9)(C) of the Act as a
manufacturer of a domestic like product
in the United States. On June 28, 2024,
Magnum provided complete substantive
responses for these reviews within the
30-day deadline specified in 19 CFR
351.2218(d)(3)(i).3 Commerce did not
receive substantive responses from any
respondent parties, and no party
requested a hearing.
On July 23, 2024, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
other interested parties.4 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited, i.e., 120-day,
sunset reviews of the Orders. On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.5 The
deadline for these final results is now
October 8, 2024.
Scope of the Orders
The products covered by the Orders
are are certain flexible magnets
regardless of shape, color, or packaging.
For a full description of the scope of the
Orders, see the Issues and Decision
Memorandum.6
Analysis of the Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of dumping and the
magnitude of the dumping margin likely
1 See Initiation of Five-Year (Sunset) Reviews, 89
FR 47525 (June 3, 2024); see also Antidumping Duty
Order; Raw Flexible Magnets from the People’s
Republic of China, 73 FR 53847 (September 17,
2008); and Antidumping Duty Order: Raw Flexible
Magnets from Taiwan, 73 FR 53848 (September 17,
2008) (collectively, Orders).
2 See Magnum’s Letters, ‘‘Notice of Intent to
Participate,’’ dated June 14, 2024.
3 See Magnum’s Letters, ‘‘Substantive Response,’’
dated June 28, 2024.
4 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on June 3, 2024,’’ dated July 23, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Expedited Third Sunset
Reviews of the Antidumping Duty Orders on raw
flexible magnets from the People’s Republic of
China and Taiwan,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
to prevail if the Order were to be
revoked, is provided in the
accompanying Issues and Decision
Memorandum.7 A list of topics
discussed in the Issues and Decision
Memorandum is included as the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would be likely to lead to continuation
or recurrence of dumping and that the
magnitude of the margins of dumping
likely to prevail would be margins up to
185.28 percent for China and up to
38.03 percent for Taiwan.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing, and publishing notice
of, the final results of these sunset
reviews in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: September 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
7 Id.
E:\FR\FM\27SEN1.SGM
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79229-79242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22177]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No.: RHS-24-MFH-0006]
Notice of Funds Availability (NOFA) for the Multifamily Housing
Preservation and Revitalization Demonstration Program (MPR) and for
Section 515 Subsequent Loans for Preservation Activities for the Fiscal
Year (FY) 2024
AGENCY: Rural Housing Service, United States Department of Agriculture
(USDA).
ACTION: Notice of Funds Availability (NOFA).
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development
(RD) agency of the United States Department of Agriculture, announces
that it is inviting applications for the Multifamily Housing
Preservation and Revitalization Demonstration Program (MPR) and Section
515 Loan Program. These loan and grant funds will be made available to
qualified applicants which may be used to preserve and improve existing
Rural Rental Housing (RRH) and Off-Farm Labor Housing (OFF-FLH)
projects to extend their affordable use.
DATES: Electronic submissions must be received no later than December
26, 2024, 11:59 p.m. Eastern Time (ET), to be eligible for funding
under this Notice. The applicant must send an email message by 12 p.m.
ET (noon) on December 16, 2024, to the RHS Production and Preservation
Division (see the ADDRESSES section for additional information).
ADDRESSES: All applications made in response to this Notice must be
submitted electronically to the RHS Production and Preservation
Division, Processing and Report Review (PRR) Branch using the following
process: The applicant must send an email message by the date and time
provided in the DATES section to the RHS Production and Preservation
Division at [email protected]. The email message must contain the
following information:
Subject line: MPR NOFA Submission.
Body of email: Applicant Name, Project State, Project Name, Project
City and complete Applicant Contact Information (including address,
phone number, email address to receive application submission
information).
Request language: Please provide application submission
instructions so that we may submit our MPR application documents.
Application submission instructions will be emailed to all
interested respondents supplying valid email addresses within two (2)
business days from the date the email of interest is received by the
Agency.
FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Director, Processing
and Report Review Branches, Production and Preservation Division, MFH,
RD, USDA, via email: [email protected] or telephone: (202) 205-
9217 for additional information on this Notice.
Persons with disabilities that require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language) may contact the Agency or staff
office; or the 711 Relay Service.
SUPPLEMENTARY INFORMATION: Late or incomplete applications will not be
eligible for funding under this Notice. Paper applications will not be
accepted. Applications that are deemed eligible but are not selected
for further processing due to lack of funding will be withdrawn from
processing.
Authority
The Consolidated Appropriations Act, 2024, Public Law 118-42,
authorized USDA to conduct a demonstration program (i.e., the
Multifamily Housing Preservation and Revitalization (MPR) Demonstration
Program) for the preservation and revitalization of sections 515 (rural
rental housing) (RRH) and 514 and 516 (off-farm labor housing)
properties to restructure existing USDA multi-family housing (MFH)
loans expressly to ensure the project has sufficient resources to
provide safe and affordable housing for low-income residents and farm
laborers
[[Page 79230]]
under the programs authorized by the Housing Act of 1949, as amended
(42 U.S.C. 1484, 1485 and 1486). The MPR Demonstration Program is
implemented under 7 CFR part 3560 and the requirements set forth in
this Notice. Title V of the Housing Act of 1949; 42 U.S.C. 1480;
implemented under 7 CFR part 3560 authorizes the Section 515 Direct
Loan program. The section 515 RRH direct loan program provides
competitive financing for affordable multi-family rental housing for
low-income, elderly, or disabled individuals and families in eligible
rural areas.
Rural Development Key Priorities
RD will continue to support and promote activities and investments
that will achieve the following:
1. Creating More and Better Markets: Assisting rural communities to
recover economically through more and better market opportunities
through improved infrastructure.
2. Addressing Climate Change and Environmental Justice: Reducing
climate pollution and increasing resilience to the impacts of climate
change through economic support to rural communities.
3. Advancing Racial Justice, Place-Based Equity, and Opportunity:
Ensuring all rural residents have equitable access to RD programs and
benefits from RD funded projects.
For further information, visit https://www.rd.usda.gov/priority-points.
Overview
Federal Awarding Agency Name: The Rural Housing Service's (RHS)
Multifamily Housing Program (MFH).
Funding Opportunity Title: Notice of Funds Availability (NOFA) for
the Multifamily Housing Preservation and Revitalization (MPR)
Demonstration Program and Section 515 Rural Rental Housing Subsequent
Loans for Preservation Activities for Fiscal Year (FY) 2024.
Announcement Type: Notice of Funds Availability (NOFA).
Assistance Listing:
(1) 10.447--Rural Multifamily Housing Revitalization Demonstration
Program (MPR).
(2) 10.415--Section 515 Rural Rental Housing Subsequent Loans
A. Program Descriptions
1. Purpose of the Programs
The MPR Demonstration Program restructures loans and provides
additional financing for existing Section 515 Rural Rental Housing
(RRH) and Section 514/516 Off-Farm Labor Housing (Off-FLH) projects to
help improve and preserve the availability of safe affordable rental
housing for low-income residents. The Section 515 RRH Subsequent Loan
program provides additional financing for existing Section 515 RRH
projects to help improve and preserve the affordability of safe
affordable rental housing for low-income residents. MPR and the Section
515 RRH Program are being combined in this Notice to gain efficiencies
in the announcement of funding opportunities, application, and
selection process, as both programs are eligible preservation
resources. Although Section 515 Subsequent Loans, as described under 7
CFR 3560.73 are not required to be awarded under a NOFA, including
these funds in this NOFA will enhance program transparency for the
public and allow for fair and equitable competition for the resource.
Both programs are designed to address preservation needs in Rural
Development's Multifamily Housing portfolio. Funds may be used to
address health, safety and accessibility needs and to repair or
renovate existing project items identified in the Capital Needs
Assessment (CNA). Additional items may be added to the scope of work,
if practical and feasible, at the sole discretion of the RHS. Proposals
to develop or construct additional units within the existing building
envelope, only if needed to comply with accessibility requirements,
will be considered and are eligible under this Notice. To be considered
for funding, all applicants are required to meet both the general
threshold requirements, as well as the program-specific requirements as
outlined in this Notice. The CNA Template and CNA Process Addendum are
provided at the Multifamily Housing Direct Loans website, click on the
``To Apply'' tab; https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply.
Questions regarding the CNA Template and CNA Process Addendum or
assistance with accessing the CNA documents should be directed to
Jonathan Bell, Director, Processing and Report Review Branches,
Production and Preservation Division, MFH, RD, USDA, via email:
[email protected] or telephone: (202) 205-9217.
RHS will hold workshops to provide general guidance and assistance
regarding this NOFA prior to the application deadline. These workshops
will be announced via GovDelivery notice and will also be posted on the
MFH Programs website (https://www.rd.usda.gov/programs-services/multi-family-housing-programs). Sign up for GovDelivery notifications by
visiting the GovDelivery website (https://public.govdelivery.com/accounts/USDARD/signup/10420). Additional information and guidance
outlining applicant, property, and tenant eligibility requirements;
factors for scoring and ranking applications and making awards; and any
requirements and/or limitations specific to each program application
opportunity can be found in this Notice. Prospective applicants are
encouraged to read this entire Notice thoroughly and attend the
informational workshops for more information and clarification prior to
submitting applications for funding.
All applications must follow the applicable Agency regulations in 7
CFR part 3560. The MPR Program and the Section 515 RRH Program are
subject to title V of the Housing Act of 1949; 7 CFR part 3560: and the
requirements set forth in this Notice.
2. Applicant Eligibility
To be eligible for funding under this NOFA, applicants must meet
all statutory and regulatory requirements applicable to the MPR and/or
Section 515 RRH program funding. Program regulations may be found at
the following link: https://www.rd.usda.gov/page/regulations-and-guidance.
3. Definitions
The definitions applicable to this Notice are published at 7 CFR
3560.11 which can be found on the following website: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXV/part-3560.
4. Application of Awards
Awards under the MPR Demonstration Program and Section 515 RRH
Program will be made using the specific selection criteria contained in
this Notice.
The Agency will review, evaluate, and score applications received
in response to this Notice based on the provisions found in 7 CFR part
3560 (https://www.ecfr.gov/current/title-7/part-3560), and as indicated
in this Notice. The Agency advises all interested parties that the
applicant bears the full burden in preparing and submitting
applications in response to this Notice for this Program in FY 2024.
B. Federal Award Information
Type of Award: Loans and grants (MPR) and loans (Section 515).
Fiscal Year Funds: FY 24 (MPR and Section 515) and carryover funds
(MPR).
Available Funds: The Agency will make available the following funds
in this NOFA: MPR: $80,491,882 and Section 515: $27,000,000. Available
[[Page 79231]]
loan and grant funding for the MPR program and Section 515 RRH program
for FY 2024 will also be announced via GovDelivery Notice. Sign up for
GovDelivery notifications by visiting the GovDelivery website at:
https://public.govdelivery.com/accounts/USDARD/signup/10420. Funding
amounts will also be posted on the RHS MFH website at: https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply. Funding
awards will be posted to the RHS website as funding is obligated. RHS
reserves the right to post all information submitted as part of the
application package that is not protected under the Privacy Act on a
public website with free and open access to any member of the public.
Award Amounts: The Agency anticipates a maximum per unit award
amount of $60,000 and no minimum award amount. The Agency reserves the
right to reduce requested funding amounts based on funding
availability.
Supplemental Awards: With the submission of a new application,
projects that have previously received Agency funding are eligible to
apply for supplemental funding.
Type of Assistance Instrument: Grant Agreement, Direct Loan.
C. Eligibility Information
1. Eligible Applicants
Eligibility for MPR and section 515 funding under this NOFA
includes current RD borrowers that have received a loan from the Agency
and eligible applicants under 7 CFR part 3560 who are applying to
assume ownership and the associated outstanding RD loans on RD-financed
MFH properties. Eligible applicants for the MPR and Section 515
programs include individuals, partnerships or limited partnerships,
consumer cooperatives, trusts, State or local public agencies,
corporations, limited liability companies, non-profit organizations,
Indian Tribes, associations, or other entities that own or will be the
owner of the project for which an application for transfer of ownership
by the Agency is submitted. Applicants must be eligible entities and
not currently debarred, suspended, or delinquent on any Federal debt.
Agency regulations for the Section 515 MFH program and the Sections
514/516 Farm Labor Housing (FLH) program are published at 7 CFR part
3560.
2. Eligible Projects
Projects must meet at least one of the following requirements to be
eligible to receive funding:
(a) All Agency loans on the project will reach mortgage maturity
prior to January 1, 2027. If a consolidation of two or more projects
into a single project is proposed, all loans on the consolidated
project must reach maturity prior to January 1, 2028.
(b) The project has an existing MPR debt deferral that expires
prior to January 1, 2028.
(c) The project sustained damage due to a storm, fire, flood, wind,
or other man-made or natural disaster and necessary repairs as a result
of the damage are incomplete and/or units are uninhabitable due to
inadequate insurance proceeds.
(d) The project has been approved under the Agency's Simple
Transfer Pilot Program, published in the Federal Register on December
9, 2022 (87 FR 75457), and has an Agency-required rehabilitation plan
that lacks full funding.
(e) A purchase and sale agreement has been approved for the project
under the Agency's sale to nonprofit process in 7 CFR 3560.659 and the
project requires additional funding to complete a transfer of ownership
to the new buyer.
(f) Loan(s) on the project were reamortized at the request of the
owner to avoid payoff and program exit prior to imminent loan maturity
(``reamortization lite'') and the project requires funding to address
unmet rehabilitation needs.
(g) Repairs or modifications are needed to address health and
safety findings or violations and/or accessibility modifications
identified in the property's Capital Needs Assessment (CNA) submitted
with the application. The combined amount of the health, safety, and
accessibility repairs or modifications identified in the CNA must
exceed an average cost of $4,000 per unit to meet the project
eligibility criteria.
3. Threshold Eligibility Requirements
All applications must meet all threshold eligibility requirements
as follows:
(a) Applications must be complete as specified by this Notice;
(b) Applications must be submitted electronically;
(c) Complete applications must be received by 12 p.m., Eastern Time
December 26, 2024;
4. Determination of Initial Eligibility
The determination of initial eligibility for any application will
be determined as of the application submission deadline date. The RHS
reserves the right to discontinue the processing of any application due
to material changes in the applicant's status occurring any time after
the initial eligibility determination.
D. Program Funding
1. Cost Sharing or Matching
There are no cost sharing or matching requirements to receive
program funding.
2. Funding Priority for Areas of Persistent Poverty
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 counties. The
term ``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the last 30
years, using the 2020 Decennial Census data and the 2017-2021 American
Community Survey five-year average), or any territory or possession of
the United States. Information on which counties are considered
persistent poverty counties can be found through using the following
link: https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/?id=a0bcd25194434ac784493fd5dc7f8191.
3. Funding Priority for REAP Zones
To address issues of geographic isolation of communities separated
by long distances, absence of large metropolitan centers, low-density
settlement patterns, historic dependence on agriculture, continued
population loss, outmigration, and economic upheaval or economic
distress, the Agency will provide a set aside under this announcement
for applications in Rural Economic Area Partnership (REAP) Zones. REAP
Zones locations are as follows:
------------------------------------------------------------------------
Zone State Counties
------------------------------------------------------------------------
CONAC.......................... ND McHenry, Bottineau,
Rolette, Towner,
Pierce and Benson;
and the Indian
reservations of the
Turtle Mountain
Chippewa and Spirit
Lake Sioux.
Southwest...................... ND Dunn, Stark,
Hettinger, Adams,
Bowman, Slope, Golden
Valley, Billings, and
part of the Fort
Berthold Indian
Reservation.
[[Page 79232]]
Sullivan-Wawarsing............. NY Sullivan and the Town
of Wawarsing.
Tioga.......................... NY Tioga.
Northeast Kingdom.............. VT Caledonia, Essex,
Orleans.
------------------------------------------------------------------------
4. Geographic Distribution of Funding
The Agency has an interest in supporting a broad geographic
distribution of program funds. Projects will be scored without regard
to State location. However, if five projects in a State have received
program funding obligations, no further obligations will be made to
projects in that State until a funding decision has been made on all
projects that have met the minimum scoring requirements as described in
the Scoring section of this Notice. When all other funding decisions
have been made, the Agency may provide additional awards in States that
have already received five awards. Projects located on tribal lands
will not count against the five-project State limit.
E. Additional Program Requirements
1. Loan Requirements
Each loan made by the Agency will be secured in a manner that
adequately protects the financial interest of the Federal Government
throughout the period of the loan in accordance with 7 CFR 3560.61. The
Agency will not make any loans without adequate security. The following
limitations will be set on loan amounts:
(a) For all loan applicants who will receive benefits from the low-
income housing tax credit (LIHTC) program, the amount of Agency
financing for the housing will not exceed 95 percent of the security
value available for the Agency loan.
(b) For all loan applicants who will not receive LIHTC benefits and
who are comprised solely of nonprofit organizations, consumer
cooperatives, or State or local public agencies, the amount of the loan
will be limited to the security value available for the Agency loan,
plus the 2 percent initial operating capital and any necessary
relocation costs incurred.
(c) For all other loan applicants who will not receive LIHTC
benefits, the loan amount will be limited to no more than 97 percent of
the security value available for the Agency loan.
2. Equity Contribution Requirements
Loan applicants, with the exception of nonprofit organizations,
consumer cooperatives, or State or local public agencies who will not
be receiving LIHTC benefits, must make an equity contribution from
their own resources as follows:
(a) Loan applicants who will receive LIHTC benefits must make an
equity contribution in the amount of 5 percent of the Agency loan. The
maximum Agency loan will be determined in accordance with 7 CFR
3560.63(c).
(b) Loan applicants who will not receive LIHTC benefits and are not
nonprofit organizations, consumer cooperatives, or state or local
public agencies must make an equity contribution in the amount of 3
percent of the Agency loan. The maximum Agency loan will be determined
in accordance with 7 CFR 3560.63(c).
3. Grant Requirements
Grant awards are subject to the requirements outlined in 2 CFR
parts 200 and 400.
4. Security Requirements
The total of all liens against the project, with the exception of
Agency deferred debt, cannot exceed the Agency-approved security value
of the project, except as permitted by 7 CFR 3560.63(b)(2). All Agency
debt, either in first lien position or in a subordinated lien position,
must be secured by the project, except deferred debt, which is not
included in the Agency's total lien position for computation of the
Agency's security value in the MPR program. Payment of any deferred
debt will not be required from normal project operations income during
the term of the debt deferral. Upon expiration of the deferral, if no
further deferral is approved, the remaining balance will be
reamortized.
5. Transfers, Consolidations and Portfolios
Transfers and consolidations may be approved as part of the
transaction for the selected applicants in accordance with 7 CFR part
3560 and the following:
(a) If a transfer is part of the transaction, and the transfer
includes a seller payment and/or an increase in the allowable Return to
Owner (RTO), the transfer must first be underwritten to meet the
requirements of 7 CFR 3560.406 to establish the maximum RTO amount RD
will recognize for the buyer and seller before the transaction is
underwritten.
(b) If a consolidation of existing properties is simultaneously
proposed, all projects being consolidated must be submitted in one
application that identifies each project. Each property in the proposed
consolidated project must be located in the same market area. Market
area is defined in 7 CFR 3560.11 as the geographic or locational
delineation for a specific project, including outlying areas that will
be impacted by the project including the area in which alternative,
similar properties effectively compete with the subject property.
(c) Applicants should discuss proposed consolidations with the
assigned Servicing Specialist prior to filing their application under
this NOFA. RD may permit two or more properties to be consolidated as
defined in 7 CFR 3560.410 when it is in the best interests of the
Government. The applicant should consult with the RD loan official
before engaging the CNA Provider in any case where the CNA intends to
encompass more than a single existing RD property to determine if a
consolidated CNA may be acceptable for RD underwriting.
(d) If the preservation proposal involves a portfolio transaction
(sale or stay-in owner), a separate application for each project in the
portfolio is required and each application must identify all projects
included in the portfolio transaction. Eligibility determinations will
be conducted on each application associated with the portfolio.
6. Occupancy Standards
(a) For Section 515 RRH projects, the average physical vacancy rate
for the 12 months preceding this Notice's application submission date
can be no more than 10 percent for projects consisting of 16 or more
revenue units and no more than 15 percent for projects less than 16
revenue units. If the average physical vacancy rate exceeds those
limits, the applicant must provide current market data (defined as no
more than 6 months old at time of filing) that demonstrates there is a
need for the project evidenced by waiting lists and a housing shortage
confirmed by local housing agencies and realtors. The data
demonstrating a need and housing shortage must be accepted by the
Agency. The market data must show a clear need and demand for the
project once the transaction is completed. The results of the survey of
existing or
[[Page 79233]]
proposed rental or labor housing, including complex name, location,
number of units, bedroom mix, family or elderly type, year built, and
rent charges, must be provided, as well as the existing vacancy rate of
all available rental units in the community, their waiting lists and
amenities, and the availability of Rental Assistance (RA) or other
subsidies. The Agency will determine if the proposal has market
feasibility based on the data provided by the applicant. Any costs
associated with compiling the market data is NOT an eligible program
project expense. If the information provided by the applicant is
inadequate, the Agency may require additional information, which may
include a current market study, to assess the need of the project and
its continued financial feasibility. If a project consolidation is
involved, the consolidation will remain eligible so long as the average
vacancy rate for each individual project meets the occupancy standard
noted in this paragraph. Any individual project submitted as a
portfolio application that does not continue to meet the occupancy
threshold, regardless of reason, may be withdrawn by the owner or the
Agency without jeopardizing the formal portfolio application so long as
the application continues to meet the eligibility conditions otherwise
described in this Notice.
(b) For Sections 514/516 FLH projects, rather than an average
physical vacancy rate, a positive cash flow for the previous full three
(3) years of operation is required unless the applicant has an Agency
approved workout agreement and is in compliance with the provisions of
the workout agreement for a minimum of six (6) consecutive months.
7. Funding Restrictions
Funds under this NOFA cannot be used to add additional housing
units, build community rooms, or add additional parking areas,
playgrounds, or laundry rooms unless these improvements are needed to
address accessibility requirements.
F. Available Funding Tools
Applicants must propose a funding plan for the project and request
specific tools as part of the funding plan. For loans, the applicant
must specify the type of loan requested and the amount of funding
requested. For grants, the applicant must specify the amount of funding
requested. For debt deferrals, the applicants must specify all loans
requested for deferral and provide an estimate of the current
outstanding loan balance.
(1) Debt deferral: Deferral of loan principal and interest payments
for up to 20 years for presently outstanding Section 514 or Section 515
loans. The applicant's proposal should describe how the cash flow from
the deferred RD direct loan principal and interest payments will be
deposited to the project's reserve account and/or used to help meet the
project's future physical needs, support new debt, reduce rents, or
otherwise be directed to be in the best interests of the tenants and
Government.
(a) If an applicant requests a debt deferral and the term of any
existing Section 514 or Section 515 loans is less than 20 years, the
Agency requires a re-amortization of the existing loans and extending
the term up to 20 years.
(b) All terms and conditions of the deferral will be described in
the MPR Debt Deferral Agreement. A balloon payment of principal and
accrued interest (deferral balloon) will be due at the end of the
deferral period, or upon default pursuant to the terms contained
therein. Interest will accrue at the promissory note rate and, if
applicable, the subsidy will be applied as set out in the Agency's
``Multiple Family Housing Interest Credit Agreement,'' Form RD 3560-9.
(c) At the time of the deferral balloon, borrowers may request any
available servicing tools to preserve any needed projects as affordable
rental housing.
(2) MPR Grant. Grant funding is limited to non-profit or public
housing agency applicants/borrowers only. The grant use will be limited
to the cost of correcting health and safety violations of a project,
including accessibility requirements identified by a CNA accepted by
the Agency.
(3) MPR Zero Percent Loan. An amortizing loan offered at zero
percent interest. This loan is not deferred. Monthly payments are
required for the maximum term and the amortization period will be as
authorized by the respective program authority.
(a) For Section 515 RRH projects, the maximum loan term is 30 years
amortized over a maximum term of 50 years.
(b) For Sections 514/516 projects, the loan will be amortized over
a maximum term of the loan which is 33 years.
(4) MPR Soft-Second Loan. A loan with a one percent interest rate
that will have its accrued interest and principal deferred to a balloon
payment. The balloon payment will be due at the same time as the latest
modified Section 514 or Section 515 maturity date of any current loan
being reamortized.
(5) MPR or Section 515 Direct Loan. An amortizing loan with a one
percent effective interest rate. This loan is not deferred. Monthly
payments are required for the maximum term and amortization period will
be as authorized by the respective program authority:
(a) For Section 515 RRH projects, the maximum loan term is 30 years
amortized over a maximum term of 50 years.
(b) For Sections 514/516 projects, the loan will be amortized over
a maximum term of the loan which is 33 years.
Funding tools are only for authorized purposes in the respective
RRH and FLH programs in accordance with 7 CFR part 3560. The program
will be administered within the resources available to the Agency
through Public Law 118-42.
(6) Other Possible Sources of Funds (not all-inclusive):
(a) RD Section 538 Guaranteed RRH (GRRH) loan. The current Federal
Register Notification for the Section 538 Program is available at 88 FR
26221 (April 28, 2023) (https://www.govinfo.gov/content/pkg/FR-2023-04-28/pdf/2023-08952.pdf);
(b) Third-party loans, grants, tax credits and tax-exempt
financing;
(c) Owner-provided capital contributions in the form of a cash
infusion. A cash infusion cannot be a loan.
G. Application Information
Respondents to this Notice must submit complete final applications
by the application submission deadline as specified in the DATES
section and this section of this Notice. Expenses incurred in
developing applications will be at the applicant's sole risk.
All applications made in response to this Notice must be submitted
electronically to the RHS Production and Preservation Division,
Processing and Report Review (PRR) Branch using the process outlined in
the ADDRESSES section above.
Applicants are encouraged to include a checklist of all the
application requirements and to index and tab their application to
facilitate the review process. The applicant should provide a Table of
Contents of all of the documents that have been submitted. Last-minute
requests and submissions may not allow adequate time for the submission
process to take place prior to the deadline.
Note: Applicants are reminded that all submissions must be
received by the deadline and the application will be rejected if it
is not received by the deadline date and time, regardless of when
the application was submitted.
(1) Application Requirements. The application must contain the
following:
[[Page 79234]]
(a) An executed and dated Executive Summary on the applicant's
letterhead that must include at least the following:
i. Brief description of the project and its history. Include the
borrower's name, project name, project location, number of units,
number of RA or Operating Assistance (OA) units and unit mix. For FLH
projects, address whether the project operates year-round or on a
seasonal basis. Provide the year the property was built and placed into
service, the original sources of funding, and the original amounts of
funding received. Include a description of any significant
improvements, repairs, or modifications that have been made since the
property was placed in service, which would include substantial
rehabilitations and significant repairs that were needed due to natural
disasters. Provide any other information that you may want to disclose
regarding the project and its history.
ii. Brief description of the proposed transaction. Provide a
narrative of the loan and/or grant funds that the applicant is seeking
from the RHS, or any other third-party source, and a description of
what the funds will be utilized for. Describe the scope of work and
explain how the transaction will come together overall, including
information on how the project will absorb any additional debt service,
if applicable.
iii. Description of the current ownership structure with a detailed
organizational chart. If a transfer of ownership is proposed as part of
the transaction, include the proposed ownership structure with a
detailed organization chart.
iv. Narrative verifying the applicant's ability to meet the
applicant eligibility requirements stated earlier in this Notice.
v. A statement of the applicant's experience in operating
affordable rental housing, labor housing or other rental housing.
vi. Description of the applicant's legal and financial capability
to carry out the obligation and purpose of the loan and/or grant.
vii. Current management. A brief description of how the property is
currently managed. If a change in management is proposed as part of the
transaction, provide a brief description of the proposed plan to manage
the property. As stated earlier in this Notice, the housing must be
managed in accordance with the management regulations, 7 CFR part 3560.
viii. Any financial commitments, financial concessions, or other
economic benefits proposed to be provided by the RHS.
ix. Third-party funding sources, if applicable. For each third-
party funding source, briefly discuss the provider, amount, including
terms, commitment status, timing issues, any restrictions that will be
applicable to the project, and whether any accommodation from the 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 the RHS to subordinate its lien position.
x. Any proposed compensation to parties having an identity of
interest (IOI) with either the consultant or technical assistance
provider. An IOI is defined in 7 CFR 3560.11
xi. Any proposed construction financing, for example, a
construction or bridge loan or the use of multiple advances.
xii. Type and method of construction, such as negotiated bid or
contractor method.
xiii. Signed statement by the applicant that they will pay any cost
overruns in accordance with 7 CFR 3560.63(f).
xiv. Estimated development timeline to include estimated start and
end date, as well as any other important milestones such as the
proposed closing date.
xv. Description of any required state or local approvals and how
they will be obtained.
xvi. Description of the required and intended applicant
contribution, if applicable.
xvii. Any other pertinent information the applicant wishes to
disclose as part of this proposal.
xviii. A separate one-page information sheet listing each of the
application scoring criteria contained in this Notice, followed by a
reference to the page numbers of all relevant material and
documentation contained in the proposal that supports the outlined
criteria.
(b) The following forms and certifications are required:
i. Form RD 3560-1, ``Application for Partial Release,
Subordination, or Consent,'' can be obtained at: https://formsadmin.sc.egov.usda.gov//efcommon/eFileServices/eFormsAdmin/RD3560-0001.pdf.
ii. Standard Form 424, ``Application for Federal Assistance,'' can
be obtained at: https://www.grants.gov/.
iii. Form RD 3560-30, ``Certification of no Identity of Interest
(IOI),'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF. OR
iv. Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification,'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF. An
IOI is defined in 7 CFR 3560.11. The RHS must 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.
v. Form HUD 2530, ``Previous Participation Certification,'' if
applicable, can be found at: https://www.hud.gov/sites/dfiles/OCHCO/documents/2530.pdf.
vi. Form RD 400-4, ``Assurance Agreement,'' can be found at:
https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF.
vii. 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.
viii. 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.
ix. Form RD 400-1, ``Equal Opportunity Agreement,'' can be found
at: https://www.rd.usda.gov/files/UEP_RD_From_400-1.pdf.
x. Form RD 400-6, ``Compliance Statement,'' if applicable can be
found at: https://www.rd.usda.gov/files/RD400-6.PDF.
xi. For projects that have five or more rental units, an
Affirmative Fair Housing Marketing Plan (AFHMP) as defined in 24 CFR
part 200, subpart M.
(c) Provide the following financial and organizational information:
i. Current (within 6 months of this Notice's application submission
due date) 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.''
ii. Submit a current (within 6 months of this Notice's application
submission due date) comprehensive credit report for both the entity
and the actual individual principals, partners and members within the
applicant entity,
[[Page 79235]]
including any sub-entities who are responsible for controlling the
ownership and operations of the entity. If any of the principals in the
applicant entity are not natural persons (e.g., corporations, other
limited liability companies, trusts), separate commercial credit
reports must be submitted on those organizations as well. Individual
personal consumer credit reports are not required if a combination
report is being provided. Only credit reports provided by accredited
major credit bureaus will be accepted (Experian, Equifax or
TransUnion). If the credit report(s) is not submitted by the
application deadline, the application will be considered incomplete and
will not be considered for funding.
iii. Letter from the IRS indicating the applicant's tax
identification number.
iv. Individual applicants and principals of organizational
applicants must provide to their attorney acceptable evidence of U.S.
citizenship and/or qualified alien status. Acceptable evidence of U.S.
citizenship may include a valid U.S. birth certificate, a valid U.S.
Passport, a valid U.S. Certificate of Naturalization, or other
acceptable evidence of U.S. citizenship proposed by the applicant and
accepted by the Agency. Acceptable evidence of qualified alien status
may include valid documentation issued by the U.S. Citizenship and
Immigration Services (USCIS), or other acceptable documentation of
qualified alien status proposed by the applicant and accepted by the
Agency.
Attorney Certification. The applicant's attorney must review all
applicable evidence to verify U.S. citizenship and/or qualified alien
status, must certify that the Agency's U.S. citizenship and/or
qualified alien status eligibility requirements are met by all
applicants, and must submit the certification for Agency review with
the application.
v. Documentation verifying the applicant is registered in the
System for Award Management (SAM) and the applicant's Unique Entity
Identifier (UEI) number (unless exempt under 2 CFR 25.110(b), (c), or
(d)).
vi. For applicants that are limited partnerships, a current and
fully executed limited partnership agreement and certificates of
limited partners.
vii. For applicants that are limited liability corporations,
evidence of organization under State and local law and a copy of the
applicant's Articles of Organization and Operating Agreement.
viii. If a nonprofit organization:
a. Tax-exempt ruling from the Internal Revenue Service designating
them as a 501(c)(3) or 501(c)(4) organization.
b. Purpose statement, including the provision of low-income
housing.
c. Evidence of organization under state and local law and a copy of
the applicant's charter, Articles of Incorporation, and By-laws.
d. List of Board of Directors including names, occupations, phone
numbers, and addresses.
e. If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
ix. For entity applicants, a Certificate of Good Standing.
x. Attorney Certification. Letter from the applicant's attorney
certifying the legal sufficiency of the organizational documents. The
attorney must certify:
a. The applicant's legal capacity to successfully operate the
proposed project for the life of the loan and/or grant.
b. For entity applicants, that the organizational documents comply
with applicable RHS regulations.
c. For partnership or limited partnership applicants, that the term
of the partnership extends at least through the latest maturity of all
proposed RHS debt.
d. For entity applicants, that the organizational documents require
prior written RHS approval for any of the following: withdrawal of a
general partner from a partnership or any member from an LLC, admission
of a general partner to a partnership or any member to an LLC, amending
the organizational documents, and selling all or substantially all of
the assets of the applicant.
e. For current RHS borrowers, that there have been no changes to
either the ownership entity or the property that have not been approved
by the RHS.
(d) Provide the following information about the Project:
i. Document the need for the project. The applicant must provide
documentation that the average physical vacancy rate for the twelve
(12) months preceding this Notice's application submission due date has
been no more than ten (10) percent for projects consisting of sixteen
(16) or more revenue units, and no more than fifteen (15) percent for
projects with less than sixteen (16) revenue units, unless the project
is seasonal Off-FLH, or unless the applicant has an RHS approved
workout plan and is in compliance with the provisions of the workout
plan, and provides documentation that clearly demonstrates to the RHS
that sufficient market demand exists. If the project is seasonal Off-
FLH, the applicant must provide detailed documentation for the twenty-
four (24) months preceding this Notice's application submission due
date that verifies the project's operations, including information
regarding the open and close date, lease-up, vacancy, rent rolls,
waiting lists, operating budgets, and any other information the
applicant wants to provide to document the need for the seasonal Off-
FLH project.
If the project does not meet the vacancy requirements above, a
description of the cause of the vacancy rate and the plan to increase
the occupancy rate must be submitted. The requested loan or grant funds
must be needed to stabilize occupancy. In addition, if the project does
not meet the vacancy requirements above, the project's waiting list and
documentation regarding the market area must be submitted to support
the need for the project. The market area must be clearly identified
and may include only the area from which tenants can reasonably be
drawn to the project. For Off-Farm projects that do not meet the
vacancy requirements above, documentation must be provided to justify
the need within the primary market area for the housing of domestic
farm laborers. The documentation must also consider disabled and
retired farm workers and adjusted median incomes of very-low, low, and
moderate.
ii. Documentation that the project has a positive cash flow. The
applicant must provide documentation that the project had a positive
cash flow for the previous full three (3) years of operations preceding
this Notice's application submission due date. An exception applies for
projects with an RHS approved workout plan wherein the applicant is in
compliance with the provisions of the workout plan for a minimum of six
consecutive months before becoming eligible for a loan and/or grant
under this Notice. Additionally, an exception will apply to projects
that have a negative cash flow in operations if surplus cash exists in
either the general operating account as defined in 7 CFR 3560.306(d)(1)
or the reserve account. Surplus cash exists when the balance is greater
than the required deposits minus authorized withdrawals. The applicant
must provide the project's annual financial report(s) to document the
project complies with this exception for each year the project has a
negative cash flow, if applicable. Seasonal Off-FLH properties that
receive Operating Assistance (OA) are exempt from this requirement.
(e) Provide the following construction related documents:
i. Plans and specifications along with the proposed manner of
construction. The housing must meet RHS's design and construction
standards contained in
[[Page 79236]]
7 CFR part 1924, subparts A and C, and must also meet all applicable
Federal, State, and local accessibility standards and current codes.
The plans and specifications along with the proposed manner of
construction must be submitted prior to the approval of the
application. The RHS will notify eligible applicants of the deadline to
submit these materials. Also, applications for Off-FLH loans and grants
must meet the design requirements in 7 CFR 3560.559.
ii. Construction planning, bidding, and contract documents,
including the construction contract and architectural agreement. The
construction planning, bidding, and contract documents, including the
construction contract and architectural agreement, must be submitted
prior to the approval of the application. The RHS will notify eligible
applicants of the deadline to submit these materials.
iii. For Off-FLH projects that do not currently have 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.
iv. The applicant must submit a checklist, certification, and
signed affidavit by the project architect or engineer, as applicable,
for any energy programs in which the applicant intends to participate.
v. An estimate of development costs utilizing Form RD 1924-13,
``Estimate and Certificate of Actual Cost,'' which can be found at:
https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
(f) Provide the following project financing information:
i. A Sources and Uses Statement which shows all sources of funding
included in the proposed transaction. The terms and schedules of all
sources included in the project should be included in the Sources and
Uses Statement. (Note: A Section 516 grant may not exceed 90 percent of
the total development cost (TDC) of the transaction.)
ii. All applications that propose the use of any grant, leveraged
funds, or similar funding source must submit firm commitment letters
with their application, if available. Applicants dependent upon third-
party funding, including but not limited to local, State, and Federal
resources through competitive and noncompetitive application rounds,
must obtain and submit to the Agency a satisfactory commitment of those
funds, as determined by the Agency, upon receipt, but no later than the
twelve-month time frame, as specified in the award commitment. An
extension of the award commitment of up to six months may be given, at
the sole discretion of the Agency, and will be based on project
viability, current program demand, and availability of program funds.
Applicants unable to satisfy this condition of the award commitment
will be subject to having the award rescinded and will be required to
reapply in future funding announcements.
iii. Description of how the applicant will meet the applicable
equity contribution requirement.
(g) Provide the following environmental information:
i. Environmental information in accordance with the requirements of
7 CFR part 1970. 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.
ii. 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, if
applicable. A letter from the SHPO and/or THPO where the project is
located, signed by their designee, will serve as evidence of
compliance.
iii. Intergovernmental review. Evidence of compliance with
Executive Order 12372. Information is available on the USDA website at:
https://www.usda.gov/ocfo/federal-financial-assistance-policy/intergovernmental-review. The applicant must initiate the
intergovernmental review by submitting the required information to the
applicable State Clearinghouse. The applicant must provide
documentation that the intergovernmental review process was completed.
The applicant must also submit any comments that were received as part
of this review to the agency. If no comments are received, the
applicant must provide documentation that the review was properly
initiated and that the required comment period has expired.
Applications from Federally recognized Indian Tribes are not subject to
this requirement.
(h) Provide the following budget and project management
information:
i. A proposed post-transaction operating budget utilizing Form RD
3560-7, ``Multiple Family Housing Project Budget/Utility Allowance''.
Form can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF. The budget must include the debt
service of the new RHS loan(s), if applicable. This will be a post
transaction budget that must include a narrative which provides
justification for any changes between the current budget and proposed
budget.
The RHS will review the budget to determine that the income and
expenses are reasonable and customary for the area. The RHS will also
verify that the budget reflects the new RHS loan debt service, if
applicable, the existing RHS loan debt service, the number of units,
unit mix, and rents. Overall, the RHS must review the budget for
feasibility, accuracy, and reasonableness.
ii. Form RD 3560-13, ``Multifamily Project Borrower's/Management
Agent's Management Certification,'' can be found at: https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD3560-13.PDF.
This document is required only if the owner is changing the management
agent or the management fee as part of this proposal.
iii. Management plan with all attachments, including the proposed
record keeping system, the proposed lease with an attorney's
certification and the proposed occupancy rules. This document is
required only if the owner is changing the management agent or revising
the management plan and any attachments as part of this proposal.
iv. Management Agreement. This document is only required if the
owner is changing the management agent or revising the management
agreement and any attachments as part of this proposal.
v. Tenant relocation plan, if applicable. Loans and/or grants that
are made for major repair may require the temporary relocation of
tenants while the project is undergoing work. The applicant must
provide a plan and financial assistance for relocation of displaced
persons from a site on which a project will be located.
(i) Provide the following third-party reports:
[[Page 79237]]
i. Acceptable appraisal. Appraisals may be conditioned but will be
required prior to closing. For Off-Farm projects, please refer to the
Agency's appraisal assignment guidance under the ``To Apply'' tab on
the Off-Farm Labor Housing Direct Loans & Grants website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/farm-labor-housing-direct-loans-grants#to-apply). For this funding type,
applicants should use the appraisal assignment guidance named
``MFH_514_516_Off Farm_Rehabilitation Only_Appraisal Assignment
Guidance'' or ``MFH_514_516_Off Farm_Transfer and
Rehabilitation_Appraisal Assignment Guidance,'' as applicable.
For Section 515 projects, please refer to the Agency's appraisal
assignment guidance under the ``To Apply'' tab on the Multifamily
Preservation and Revitalization (MPR) website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply). For this funding type,
applicants should use the appraisal assignment guidance named
``MFH_515_Rehabilitation_Appraisal Assignment Guidance'' or
``MFH_515_Transfer and Rehabilitation_Appraisal Assignment Guidance,''
as applicable.
Project funds may be used to obtain the appraisal if there are
adequate funds available and the request to use project funds is
approved by the Field Operations Division servicing official.
No appraisal is required for subsequent Section 516 Off-FLH grant
only requests.
ii. An acceptable As-Is CNA in accordance with the requirements set
forth in the CNA Template and CNA Process Addendum provided at https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply.
Project funds may be used to obtain the As-Is CNA if there are
adequate funds available and the request to use project funds is
approved by the Field Operations Division servicing official. The
repair plan should be developed in accordance with the CNA and the
applicant should submit documentation of the detailed plan and timeline
for completion of the repair work.
If any of the required items listed above, with the exception of
the appraisal, are not submitted within the application in accordance
with this Notice, or are incomplete, the application will be considered
incomplete and will not be considered for funding. An acceptable
appraisal will be required as a condition of funding but may be
submitted prior to closing to minimize upfront third-party report costs
for applicants. If the application is incomplete or deemed ineligible,
the applicant will be notified of any applicable appeal rights under 7
CFR part 11. Applications that are deemed eligible but are not selected
for further processing due to a lack of funding will be withdrawn from
processing and will be encouraged to apply to future Notices. This
action is not appealable.
The RHS will not consider information from the applicant after the
application deadline, expect as expressly specified in this Notice. The
RHS may contact the applicant to clarify other items in its
application. The 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. Non-curable deficiencies are threshold components that
effect the review and rating of the application, including but not
limited to, evidence of an eligible entity and evidence of the need for
the project.
Each application must address the applicable scoring criteria
presented in this Notice for the type of funding being requested.
(2) System for Award Management and Unique Entity Identifier. The
System for Award Management (SAM) is the Official U.S. Government
system for collection of forms for acceptance of a Federal award
through the registration or annual recertification process. On April 4,
2022, the unique entity identifier used across the Federal Government
changed from the Data Universal Numbering System (DUNS) Number to the
Unique Entity ID (UEI) (generated by SAM.gov).
All program applicants, unless exempt under 2 CFR 25.110(b), (c),
or (d), are required to:
i. Be registered in System Award Management (SAM) before submitting
their applications;
ii. Provide a valid Unique Entity ID (UEI) in their applications;
and
iii. Continue to maintain an active SAM registration with current
information at all times during which they have an active Federal award
or an application or plan under consideration by a Federal awarding
agency.
The Federal awarding agency may not make a Federal award to an
applicant until the applicant has complied with all applicable SAM
requirements and, if an applicant has not fully complied with the
requirements by the time the Federal awarding agency is ready to make a
Federal award, the Federal awarding agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. SAM is the Official U.S. Government system for collection of
forms for acceptance of a Federal award through the registration or
annual recertification process. Applicants may register for SAM at
https://www.sam.gov or by calling 1-866-606-8220. The applicant must
ensure that the information in the database is current, accurate, and
complete. On April 4, 2022, the unique entity identifier used across
the Federal Government changed from the DUNS Number to the UEI
(generated by SAM.gov). As required by the Office of Management and
Budget (OMB), all applications must provide a UEI number when applying
for Federal assistance. Instructions for obtaining the UEI are
available at https://sam.gov/content/entity-registration. Applicants
must ensure they complete the Financial Assistance General
Certifications and Representations in SAM. Similarly, all recipients of
Federal financial assistance are required to report information about
first-tier subawards and executive compensation in accordance with 2
CFR part 170. So long as an entity applicant does not have an exception
under 2 CFR 170.110(b), the applicant must have the necessary processes
and systems in place to comply with the reporting requirements should
the applicant receive funding. See 2 CFR 170.200(b).
Additional information concerning these requirements can be
obtained on the Grants.gov website at https://www.grants.gov. The
applicant must provide documentation that they are registered in SAM
and their UEI number or the application will not be considered for
funding. The following forms for acceptance of a Federal award are now
collected through the registration or annual recertification in SAM.gov
in the Financial Assistance General Certifications and Representations
section:
Form AD-1047, ``Certification Regarding Debarment,
Suspension, and Other Responsibility Matters-Primary Covered
Transactions.''
Form AD-1048, ``Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered
Transactions.''
Form AD-1049, ``Certification Regarding Drug-Free
Workplace Requirements (Grants).''
Form AD-3031, ``Assurance Regarding Felony Conviction or
Tax
[[Page 79238]]
Delinquent Status for Corporate Applicants.''
Form AD-3030, ``Representations Regarding Felony
Conviction and Tax Delinquent Status for Corporate Applicants.''
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.
H. Submission Information
The Agency will not solicit, accept, or consider new scoring or
eligibility information that is submitted after the application
deadline. RHS reserves the right to ask applicants for clarifying
information and additional verification of assertions in the
application. All required application documents in accordance with this
Notice must be submitted on or before 12 p.m. (ET) December 26, 2024.
Please refer to the DATES section of this Notice for details.
Last-minute requests and submissions may not allow adequate time
for the submission process to take place prior to the application
deadline. Applications will be rejected if not received by the deadline
date and time, regardless of when submitted. The Agency is not liable
for technical issues or system-related difficulties that affect an
applicant's ability to submit applications in a timely fashion in
accordance with the instructions of this NOFA. Application submissions
must meet all the requirements of this Notice. No application will be
accepted after the deadline unless the date and time is extended by
another Notice published in the Federal Register. Incomplete
applications and applications submitted after the deadline will be
rejected without being scored.
Applicants are encouraged to include a checklist of all the
application requirements and to index and tab their application to
facilitate the review process:
[ballot] Table of Contents citing all documents submitted;
[ballot] Checklist of Application Requirements indexed in order; and
[ballot] Application Scoring Criteria Sheet listing each of the scoring
criteria contained in the Program Notice, followed by page number
references for all supporting materials and documentation contained in
the application package.
I. Application Review Process
The Agency will determine if applications meet the following
criteria:
The application was received by the submission deadline;
The application is complete as specified in the NOFA;
The application is for an authorized purpose; and
The applicant meets Agency eligibility requirements.
Applicants that are rejected by the Agency because they do not meet
the criteria above will not be scored or ranked. Only applications
meeting the above criteria will be scored and ranked. RHS will use the
scoring and ranking factors outlined in this Notice for MPR and Section
515 RRH application(s).
After the Agency's initial assessment is complete, the Agency will
score and rank complete and eligible application(s) as outlined in this
Notice. The Agency will process the applications in order of their
ranking (from highest score to lowest score) taking into account
available funds. If any loan applications are withdrawn, rejected, or
delayed for a period of time that will not permit funding in the
current funding cycle, the Agency will process, in rank order, the next
loan application as funding levels permit, subject to the goals for
geographic distribution of funds as described in section D of this
Notice. The Agency reserves the right to offer the applicant less than
the funding amount requested. Upon completion of the funding round, the
Agency will notify applicants of their score, upon request.
J. Scoring Criteria
Application scoring will be based on information provided in the
applications and in Agency records. A minimum score of 20 points for
scoring criteria (1) and (2), along with meeting all other eligibility
requirements, e, will be required for a project to receive funding.
Meeting the minimum scoring requirements does not guarantee funding.
Points will be awarded as follows:
(1) Development Team Experience (up to 15 points). Applicants
should demonstrate their team's recent experience in successfully
completing the rehabilitation of affordable MFH and/or FLH projects, as
applicable, in a timely manner. If other funding sources are being
sought, RHS will consider the applicant's experience with utilizing
Federal financing programs, including timely project completion. A firm
resume must be provided for all members of the applicant's ownership
entity and the proposed management team, including the management
agent. The description or firm resumes must include any rental housing
projects facilities that the applicant team sponsored, owns, or
operates. To score the highest number of points for this factor,
applicants must describe significant previous experience in
development, rehabilitation, and preservation of affordable housing
projects. Points will be awarded as follows:
(a) Low level of development experience (5 points)
(b) Medium level of development experience (10 points)
(c) High level of development experience (15 points)
(2) Ownership and Management Capacity (10 points). Applicants
should demonstrate that they have the experience and organizational
resources to successfully own, operate and manage affordable MFH and/or
FLH projects on a long-term basis. A firm resume must be provided for
all members of the applicant's ownership entity and the proposed
management team, including the management agent. Each resume must
include FLH and affordable MFH ownership and management 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. Points will be
awarded as follows:
(a) Inadequate owner and management experience (0 points)
(b) Acceptable owner and management experience (10 points)
(3) Disaster-Impacted Properties (5 points). Points may be awarded
to projects that have been adversely impacted by the occurrence of a
natural or man-made disaster that caused physical property damage or
failure that is not fully reimbursable by property, casualty or
liability insurance or any other form of third-party compensation, such
as disaster loans and grants from other agencies. To qualify for
points, properties must have outstanding repair and rehabilitation
needs stemming from the natural or man-made disaster that have not been
remedied due to inadequate insurance/third-party compensation.
(4) Projects with Existing MPR Debt Deferrals Expiring Prior to
January 1, 2027 (5 points). Points are awarded to properties with an
existing MPR debt deferral that is expiring prior to January 1, 2027.
Documentation of the existing
[[Page 79239]]
loan deferral(s) must be provided with the application.
(5) Projects Reaching Mortgage Maturity Prior to January 1, 2027 (5
points). Points are awarded if all Agency loans on the property have
maturity dates prior to January 1, 2027. If the applicant is proposing
a consolidation of two or more properties into a single project, all
Agency loans on the consolidated project must have loan maturity dates
prior to January 1, 2027, to receive points.
(6) Non-Selected Projects with a Complete Application Submitted for
Section 515 Subsequent Loan Funding in FY2023 (5 points). Points are
awarded to projects for which a complete application was submitted for
an FY2023 Section 515 Subsequent Loan but the project was not selected
for funding. Applicants must provide a copy of the letter from the
Agency indicating that a complete application was received but the
project was not selected for funding.
(7) Immediate Capital Needs for Health, Safety and Accessibility
Repairs (up to 20 points). To receive points, applicants must submit a
Capital Needs Assessment that includes documentation of the immediate
health, safety and accessibility (H/S/A) repairs required for the
property. Points will be awarded based on the percentage of project
construction costs allocated for immediate H/S/A repairs and
improvements. To receive points, applicants must clearly document the
immediate H/S/A repairs and calculate the cost of those repairs as a
percentage of the total project construction costs. Points will be
awarded as follows:
(a) Immediate H/S/A repairs >40% of construction costs: 20 points
(b) Immediate H/S/A repairs 31-40% of construction costs: 15 points
(c) Immediate H/S/A repairs 21-30% of construction costs: 10 points
(d) Immediate H/S/A repairs 11-20% of construction costs: 5 points
(8) Energy Efficiency and Green Building (up to 5 points). Points
will be awarded to applicants demonstrating through written narrative
how the proposed repair project meets energy efficiency, pollution
mitigation or clean energy goals through the following programs.
Applicants must submit the corresponding checklist, registrations in
programs, and commitments signed by the owner, the architect,
applicable mechanical, electrical plumbing, and structural engineers,
and other program-required green building professionals, energy
modelers and raters as applicable to the programs selected for point
consideration.
(a) Program participation (3 points). Applicants will receive
points for participation in one of the following programs:
EPA's Energy Star Multifamily Certification or Energy Star
Next Gen (https://www.energystar.gov/partner_resources/residential_new/homes_prog_reqs/multifamily_national_page)
DOE Zero Energy Ready Homes (https://www.energy.gov/eere/buildings/zero-energy-ready-homes)
Earth Advantage (https://www.earthadvantage.org/)
Earthcraft Gold or Platinum (https://earthcraft.org/programs/earthcraft-house/)
Green Communities program by the Enterprise Community Partners
(2020 Criteria, EGC + Zero Ready/Phius) (https://www.enterprisecommunity.org/solutions-and-innovation/green-communities)
Greenpoint Gold or Platinum (https://www.greenpointrated.com/greenpoint-rated/)
The National Green Building Standard (-GBS)--Multifamily and
Mixed Use (four levels of base certification, plus *NGBS Green + NET
ZERO ENERGY CERTIFICATION) (https://www.homeinnovation.com/services/certification/green_homes/multifamily_certification)
International Living Future Institute (ILFI) Living Building
Challenge (LBC 4.0--Core Building Certification, *Zero Energy, *Zero
Carbon) (https://living-future.org/lbc/)
LEED V4 Homes and Multifamily Midrise, or LEED BD+C: Homes and
Multifamily Lowrise LEED BD+C: Multifamily Midrise (four levels of
certification, plus *LEED Zero) (https://www.usgbc.org/resources/leed-v4-homes-and-multifamily-midrise-current-version)
Passive House Institute US, Inc. (Phius Core, *Phius Zero)
(https://multifamily.phius.org/service-category/phius-within-reach)
(b) Water Conservation (1 point). One point will be awarded for
xeriscaping of site landscaping and/or water conservation in irrigation
measures to include a recycled water (gray water or storm water) for
landscape irrigation covering 50 percent or more of the property's site
landscaping needs. To receive points, the architect or consulting
landscape architect must illustrate in narrative, draft specifications,
and schematic drawings how this will be achieved.
(c) Property Management Credentials (1 point). One point will be
awarded 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, U.S. Green Building Council
Leadership in Energy and Environmental Design (USGBC LEED) for
Operations and Maintenance, or another source with a certifiable
credentialing program. To receive points, credentialing must be
illustrated in the resume(s) of the property management team and
included with the application.
All projects awarded scoring points for energy initiatives will be
required to enroll the project in the EPA Portfolio Manager program and
the associated EPA Water Score program to track post construction
energy consumption data as well as water usage. More information about
this program may be found at: https://www.energystar.gov/buildings/benchmark.
(9) Leveraging Other Funding Sources (up to 15 points). Points will
be allocated for applications that leverage other funds based on the
percentage of leveraged funds. . Leveraged funds are defined as non-
Section 514/515/516/MPR funds, including third-party funds from equity,
grants, loans and deferred developer fees. Points are calculated as
follows:
(a) Leveraged funds/TDC is greater than 50%: 15 points
(b) Leveraged funds/TDC is 26-50%: 10 points
(c) Leveraged funds/TDC is 11-25%: 5 points
(10) Projects Providing Access to Supportive Services for Tenants
(5 points). Points are awarded to projects that employ a Service
Coordinator, documented as a project expense in the most recent agency-
approved Form RD 3560-7 Multifamily Housing Project Budget/Utility
Allowance, or include units designated as permanent supportive units or
for homeless households, documented by an agreement with another
Federal or State funding source. To receive points, the applicant must
describe the basis for claiming points (i.e., service coordinator and/
or permanent supportive housing/homeless unit set-aside) and provide
documentation to include the Form 3560-7 and/or an agreement describing
the terms and conditions for the units designated as permanent
supportive housing or for homeless households, as applicable.
[[Page 79240]]
(11) Creating More and Better Markets: Assisting rural communities
to recover economically through more and better market opportunities
through improved infrastructure. (5 points). Applicants receive
priority points if the project is located in or serving a rural
community whose economic well-being ranks in the most distressed tier
of the Distressed Communities Index. The Distressed Communities Index
provides a score between 1-100 for every community at the zip code
level. The most distressed tier of the index are those communities with
a score over 80. Applicants should use the Distressed Communities Index
Look-Up Map to determine if the project qualifies for priority points.
Provide a copy of the map showing the project is eligible to claim
points.
Note: U.S. Territories are considered distressed and qualify
for priority points. For additional information on data sources used
for this priority determination, please download the Data Sources
for Rural Development Priorities document at the website: https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf. Additional information
for priority points can be found on the following website: https://www.rd.usda.gov/priority-points.
(12) Advancing Racial Justice, Place-Based Equity, and Opportunity:
Ensuring all rural residents have equitable access to RD programs and
benefits from RD funded projects. (5 points). Applicants receive
priority points if the project is located in or serving a community
with a score of 0.75 or above on the Centers for Disease Control and
Prevention (CDC) Social Vulnerability Index. Applicants should use
Social Vulnerability Index Map look up map or list to determine if the
project qualifies for points. Provide a copy of the map showing the
project is eligible to claim points. Applications from Federally
Recognized Tribes, including Tribal instrumentalities and entities that
are wholly owned by Tribes will receive points. Federally Recognized
Tribes are classified as any Indian or Alaska Native Tribe, band,
nation, pueblo, village, or community as defined by the Federally
Recognized Indian Tribe List Act (List Act) of 1994 (Pub. L. 103-454).
Please refer to the Bureau of Indian Affairs for a listing of Federally
Recognized Tribes at 89 FR 944 (January 8, 2024) (https://www.federalregister.gov/documents/2024/01/08/2024-00109/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of). Additionally, projects where at least 50% of
the project beneficiaries are members of Federally Recognized Tribes,
will receive points if applications from non-Tribal applicants include
a Tribal Resolution of Consent from the Tribe or Tribes that the
applicant is proposing to serve. Note: U.S. Territories are considered
socially vulnerable and qualify for points.
An applicant would receive priority points if the project is an
application from or benefiting a Rural Partner's Network's (RPN)
community network. Currently RPN Networks exist in Alaska, Arizona,
Georgia, Kentucky, Mississippi, Nevada, New Mexico, North Carolina,
Puerto Rico, West Virginia, and Wisconsin. Use the Community Look-Up
map available at www.rd.usda.gov/priority-points to determine if your
project qualifies. Please provide a map or other documentation showing
that the project is located in an RPN community network.
For additional information on data sources used for this priority
determination, please download the Data Sources for Rural Development
Priorities document at the website: https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf. Additional
information for priority points can be found on the following website:
https://www.rd.usda.gov/priority-points.
(13) Addressing Climate Change and Environmental Justice: Reducing
climate pollution and increasing resilience to the impacts of climate
change through economic support for rural communities (5 points).
Applicants can receive points through one of the options listed below.
A maximum of 5 points can be received even if the applicant meets the
requirements for both options.
Option 1: Points will be awarded if the project is located in or
serves a Disadvantaged Community as defined by the Climate and Economic
Justice Screening Tool (CEJST), from the White House Council on
Environmental Quality (CEQ). CEJST is a tool to help Federal agencies
identify disadvantaged communities that will benefit from programs
included in the Justice40 initiative. Census tracts are considered
disadvantaged if they meet the thresholds for at least one of the
CEJST's eight (8) categories of burden: Climate, Energy, Health,
Housing, Legacy Pollution, Transportation, Water and Wastewater, or
Workforce Development.
Option 2: Points will be awarded if the project is located in or
serves an Energy Community as defined by the Inflation Reduction Act
(IRA). The IRA defines energy communities as:
A ``brownfield site'' (as defined in certain subparagraphs
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA)).
A ``metropolitan statistical area'' or ``non-metropolitan
statistical area'' that has (or had at any time after 2009).
0.17% or greater direct employment or 25% or greater local
tax revenues related to the extraction, processing, transport, or
storage of coal, oil, or natural gas, and has an unemployment rate at
or above the national average unemployment rate for the previous year.
A census tract (or directly adjoining census tract) in
which a coal mine has closed after 1999, or in which a coal-fired
electric generating unit has been retired after 2009.
To determine if your project qualifies for points under Option 1 or
Option 2, please use the Disadvantaged Community & Energy Community
Look-Up Map on the following website: https://www.rd.usda.gov/priority-points. Provide a copy of the map showing the project is eligible to
claim points.
K. Federal Award Administration Information
1. Federal Award Notices
Successful applicants will receive notification by email for
funding from the USDA Rural Development Office of Multifamily Housing.
Applicants must comply with all applicable statutes and regulations
before the award will be approved. Receipt of an award letter does not
serve to authorize the applicant to commence performance under the
award. Award letters will include conditions that must be met prior to
award closing. Unsuccessful applications will receive notification by
email, detailing why the application was unsuccessful.
2. Administrative and National Policy Requirements
There are no known unusual Administrative and National Policy
Requirements associated with this program under this Notice.
3. Reporting
Performance reporting, including applicable forms, narratives, and
other documentation, are to be completed and submitted in accordance
with the provisions of 7 CFR 3560.308 and the Grant Agreement.
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
[[Page 79241]]
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.
L. Federal Awarding Agency Contact(s)
For general questions about this announcement, please contact
Jonathan D. Bell, Director, Processing and Report Review Branches,
Production and Preservation Division, MFH, RD, USDA, via email:
[email protected] or telephone: (202) 205-9217.
M. Build America, Buy America
Funding to Non-Federal Entities: For-profit entities and other
entities not included in the definition of Non-Federal Entities,
defined pursuant to 2 CFR 200.1, are not subject to the Build America,
Buy America Act (BABAA). The Infrastructure Investment and Jobs Act
(IIJA) (Pub. L. 117-58), requires the following Buy America preference
for the Multifamily Housing Revitalization Demonstration Program (MPR)
(Assistance Listing 10.447) and the Section 515 Direct Loan program:
(a) All iron and steel used in the project are produced in the
United States. This means all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the
United States.
(b) All manufactured products used in the project are produced in
the United States. This means the manufactured product was manufactured
in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation.
(c) All construction materials are manufactured in the United
States. This means that all manufacturing processes for the
construction material occurred in the United States.
Awards under this announcement for infrastructure projects to non-
Federal entities, defined pursuant to 2 CFR 200.1 as any State, local
government, Indian Tribe, Institution of Higher Education, or nonprofit
organization, shall be governed by the requirements of Section 70914 of
BABAA within the IIJA, and its implementing regulations. Infrastructure
projects include structures, facilities, and equipment that generate,
transport, and distribute fuel or energy, including electric vehicle
(EV) charging stations. Infrastructure projects also include
structures, facilities, and equipment for roads, highways, and bridges;
public transportation; dams, ports, harbors, and other maritime
facilities; intercity passenger and freight railroads; freight and
intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property.
In accordance with BABAA, however, USDA has determined that de
minimis, small grants, and minor components shall be waived from the
requirements of BABAA, pursuant to a public interest waiver that was
granted to the Department on September 13, 2022. Under such waiver,
small grants below the Simplified Acquisition Threshold, which is
currently set at $250,000 shall not be subject to BABAA. Additionally,
de minimis and minor components, as described in the Department waiver,
are also not subject to BABAA.
Applicants and projects that are subject to BABAA may request other
specific waivers, pursuant to the requirements posted at the USDA
Office of the Chief Financial Officer Office website: https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.
N. Other Information
(a) Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35), the information
collection requirements associated with the programs, as covered in
this Notice, have been approved by the Office of Management and Budget
(OMB) under OMB Control Number 0570-0190.
(b) National Environmental Policy Act. All recipients under this
Notice are subject to the requirements of 7 CFR part 1970.
(c) Federal Funding Accountability and Transparency Act. All
applicants, in accordance with 2 CFR part 25 (https://www.ecfr.gov/current/title-2/part-25), must be registered in SAM and have a UEI
number as stated in ``GENERAL SECTION'' of this Notice. All recipients
of Federal financial assistance are required to report information
about first-tier sub-awards and executive total compensation in
accordance with 2 CFR part 170 (https://www.ecfr.gov/current/title-2/part-170).
(d) Debarment and Suspension. Applicants are not eligible if they
have been debarred or suspended or otherwise excluded from, or
ineligible for, participation in Federal assistance programs under 2
CFR parts 180 and 417. The Applicant will be required to comply with
the requirement in 2 CFR 180.335.
(e) Civil Rights Act. All grants made under this Notice are subject
to title VI of the Civil Rights Act of 1964 as required by the USDA (7
CFR part 15, subpart A, and section 504 of the Rehabilitation Act of
1973, title VIII of the Civil Rights Act of 1968, title IX, Executive
Order 13166 (Limited English Proficiency), Executive Order 11246, and
the Equal Credit Opportunity Act of 1974.
(f) Non-Discrimination Policy. In accordance with Federal civil
rights laws and USDA civil rights regulations and policies, the USDA,
its Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, 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.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office or the 711 Federal
Relay Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866)
632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant's name, address, telephone number, and a
written description of the
[[Page 79242]]
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-22177 Filed 9-24-24; 4:15 pm]
BILLING CODE 3410-XV-P