Community Development Financial Institutions Fund – Federal Register Recent Federal Regulation Documents

This document invites comments from the public on certain issues regarding how, for purposes of the New Markets Tax Credit (NMTC) Program, the Community Development Financial Institutions (CDFI) Fund should ensure that non-metropolitan counties receive a proportional allocation of Qualified Equity Investments (QEIs). All materials submitted will be available for public inspection and copying.

This NOFA is issued in connection with the FY 2007 and FY 2008 funding rounds of the BEA Program. Through the BEA Program, the Community Development Financial Institutions Fund (the Fund) encourages Insured Depository Institutions to increase their levels of loans, investments, services, and technical assistance within Distressed Communities, and financial assistance to Community Development Financial Institutions (CDFIs) through grants, stock purchases, loans, deposits, and other forms of financial and technical assistance, during a specified period.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Fund within the Department of the Treasury is soliciting comments concerning the NMTC Program allocation agreement for NMTC Program allocatees.

The Department of Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (the Fund) of the Department of the Treasury is soliciting comments concerning an information collection required by the allocation agreement that will be entered into by the Fund and allocatees of the New Markets Tax Credit (NMTC) Program. The specific information collection relates to the section of the allocation agreement that requires an allocatee to provide notice to the Fund of the receipt of a Qualified Equity Investment. The Fund will publish a separate notice seeking public comments regarding other information collections contained in the allocation agreement (e.g., use of QEI proceeds).

On December 21, 2005, the Community Development Financial Institutions Fund (the Fund) published a NOFA in the Federal Register (70 FR 75860) in connection with two consecutive funding rounds of the CDFI Program: (i) The FY 2006 Funding Round and (ii) the FY 2007 Funding Round. Through this revised NOFA, the Fund announces revised dates for the FY 2007 Funding Round. Because the FY 2006 Funding Round is now complete, this revised NOFA is being issued for the FY 2007 Funding Round only. Parties interested in the FY 2007 Funding Round should review and refer to this revised NOFA, disregarding the December 21, 2005 NOFA, as the FY 2007 Funding Round dates in the December 21, 2005 NOFA have been changed.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (the ``Fund'') within the Department of the Treasury is soliciting comments concerning the Fund's Financial Assistance and Technical Assistance Programs of the Fund's Community Development Financial Institutions (CDFI) Program.

The Gulf Opportunity Zone Act of 2005 (GO Zone Act or Act) was signed into law on December 21, 2005 (Pub. L. 109-135). The GO Zone Act provides $1 billion of additional New Markets Tax Credit (NMTC) allocation authority for use by Community Development Entities (CDEs) with a significant mission of recovery and redevelopment of the Gulf Opportunity Zone (GO Zone). The Act makes available an additional $300 million in allocation authority for each of the calendar year (CY) 2005 and 2006 allocation rounds and an additional $400 million in allocation authority for the CY 2007 allocation round. Pursuant to Section 45D(f)(3) of the Internal Revenue Code, the Community Development Financial Institutions (CDFI) Fund will carry over the CY 2005 allocation authority to the CY 2006 allocation round that was announced by the Notice of Allocation Availability published on July 15, 2005 (70 FR 41075), as amended on September 14, 2005 (70 FR 54446) (together, the NOAA), such that an additional $600 million in allocation authority will be available for allocation to applicants in the CY 2006 round of the NMTC Program that satisfy the GO Zone allocation eligibility requirements set forth below. Go Zone Allocation Eligibility: Through this notice, the CDFI Fund is not soliciting, nor will it accept, any new applications for the CY 2006 NMTC Program allocation round. To be eligible to receive an allocation from the $600 million of GO Zone allocation authority available in the CY 2006 NMTC Program allocation round, an applicant must meet all of the following criteria: (i) The applicant must have submitted an allocation application by the deadline required by the NOAA (or by any deadline extension authorized by the CDFI Fund); (ii) The applicant must have satisfied all eligibility requirements contained in the NOAA (including minimum scoring thresholds set forth in section V.B of the NOAA); and (iii) The applicant must have a significant mission of recovery and redevelopment of the GO Zone. In order to demonstrate a ``significant mission of recovery and redevelopment of the GO Zone,'' a CDE must have, at a minimum: (A) Indicated (in its response to Question 12 of the allocation application) that the GO Zone is included within its particular geographic service area; (B) specified (in its response to Question 29 of the allocation application) that it intends to target activities to Low-Income Communities in certain Federal Emergency Management Agency (FEMA)-declared disaster areas; and (C) demonstrated to the satisfaction of the CDFI Fund that it has significant resources in the GO Zone to support its recovery and redevelopment efforts and a significant track record of providing financing and related services in the GO Zone. The GO Zone is defined in the GO Zone Act as ``that portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina'' (Pub. L. 109-135, Section 101). The Hurricane Katrina Disaster Area is defined as ``an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of such Act by reason of Hurricane Katrina'' (Pub. L. 109-135, Section 101). The CDFI Fund will contact each CY 2006 NMTC applicant that satisfies items (iii)(A) and (B) above, and ask each such applicant to submit responses to a supplemental questionnaire that will help the CDFI Fund evaluate whether the applicant has a significant mission of recovery and redevelopment in the GO Zone. Such applicants must provide the CDFI Fund with responses to the supplemental questionnaire by the deadlines established by the CDFI Fund; failure to meet said deadlines will result in a determination of ineligibility for a GO Zone allocation. After the CDFI Fund confirms that the GO Zone is included within an applicant's particular geographic service area and that the applicant intends to target activities to Low-Income Communities in certain FEMA- declared disaster areas, then the CDFI Fund reviewers will rate (i) whether the applicant has significant resources in the GO Zone to support its recovery and redevelopment efforts and (ii) the applicant's track record of providing financing and related services in the GO Zone. In assessing whether the applicant has significant resources in the GO Zone to support its recovery and redevelopment efforts, reviewers will consider, among other things, the applicant's (or its Controlling Entity's) current physical presence in the GO Zone. In assessing an applicant's track record of providing financing and related services in the GO Zone, reviewers will consider, among other things, the applicant's (or its Controlling Entity's) track record of providing financing products and services in the GO Zone over the past five years. Go Zone Allocation Determinations: The CDFI Fund will evaluate and score all applications, rank all applicants, and make final allocation determinations in accordance with the policies and procedures set forth in section V.B of the NOAA and this amendment. Final allocation determinations for the $3.5 billion in allocation authority described in the NOAA will be awarded prior to allocation determinations for the $600 million in GO Zone allocation authority. After the CDFI Fund has made its final allocation determinations for the $3.5 billion allocation authority, it will make final allocation determinations for the GO Zone allocation authority in rank order of score, with priority to those applicants that were rated as having the strongest significant mission of recovery and redevelopment of the GO Zone but were not selected to receive an allocation under the initial $3.5 billion of allocation authority. If allocation authority is still available, the CDFI Fund may provide additional GO Zone allocation authority to eligible applicants that were selected to receive an allocation from the initial $3.5 billion, provided the CDFI Fund determines that they have the capacity to administer additional allocation authority in the GO Zone. Unallocated GO Zone allocation authority, if any, will be carried over to the CY 2007 round of the NMTC Program, pursuant to IRC 45D(f)(3). Go Zone Allocation Agreement Terms: All CDEs that are awarded GO Zone allocation authority will be required, as a condition of their allocation agreements with the CDFI Fund, to invest 100 percent of the Qualified Low-Income Community Investments (QLICIs) from the GO Zone allocation in the GO Zone. In addition, GO Zone CDEs will be required to maintain accountability to the GO Zone through their advisory or governing board representation. Additional terms and conditions for GO Zone allocation authority will be set forth in the allocation agreements. All other information and requirements set forth in the NOAA shall remain effective, as published.

The Department of Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions Fund (the Fund), a government corporation within the Department of the Treasury, is soliciting comments concerning the draft ``Survey of CDFIs to Gather Feedback on the Effectiveness of the Programs of the CDFI Fund of the U.S. Department of the Treasury'' (hereafter, the Survey).

Subject to funding availability, this NOFA is issued in connection with two consecutive funding rounds of the Native American CDFI Assistance (NACA) Program: (i) The FY 2006 Funding Round and (ii) the FY 2007 Funding Round. This NOFA replaces, in its entirety, the NOFA published in the Federal Register on December 13, 2005 (70 FR 73877); through this NOFA, the Fund has revised several of the dates set forth in the December 13, 2005 NOFA. Interested parties should review and refer to this NOFA, disregarding the December 13, 2005 NOFA, as the dates in the December 13, 2005 NOFA are inaccurate.

The Department of the Treasury is issuing a revised interim rule implementing the Community Development Financial Institutions Program (CDFI Program) administered by the Community Development Financial Institutions Fund (Fund). The mission of the CDFI Fund is to increase the capacity of financial institutions to provide capital, credit and financial services in underserved markets. Its long-term vision is an America in which all people have access to affordable credit, capital and financial services. The purpose of the CDFI Program is to promote economic revitalization and community development through investment in and assistance to Community Development Financial Institutions (CDFIs). Under the CDFI Program, the Fund provides financial assistance in the form of grants, loans, equity investments and deposits to CDFIs selected through a merit-based application process. The Fund provides financial assistance to CDFIs to enhance their ability to make loans and investments, and to provide related services for the benefit of designated investment areas, targeted populations, or both. In addition, through the CDFI Program, the Fund provides technical assistance grants to CDFIs and entities that propose to become CDFIs, for the purpose of increasing their capacity to serve their target markets. This revised interim rule includes one revision that the Fund believes will inure to the benefit of CDFIs, CDFI Program applicants, and CDFI Program awardees. This revised interim rule includes a revised Sec. 1805.504, Retained Earnings, which clarifies the use of retained earnings as matching funds for a financial assistance award.

On September 9, 2004, the Community Development Financial Institutions Fund (the ``Fund'') announced in a NOFA for the BEA Program (69 FR 54718) that BEA Program applicants that are also Community Development Financial Institutions (``CDFIs'') cannot receive credit under the BEA Program for financial assistance or Qualified Activities provided to CDFI Partners that are also FDIC-insured depository institutions or depository institution holding companies. Due to the recent occurrence of certain natural disasters, the Fund will waive this provision with regard to the FY 2006 funding round of the BEA Program for applicants providing financial assistance or Qualified Activities to CDFI Partners that are also FDIC-insured depository institutions or depository institution holding companies which have been directly affected by said disasters. For the FY 2006 funding round, CDFIs may receive BEA Program credit for financial assistance or Qualified Activities provided to CDFI Partners that are FDIC-insured depository institutions or depository institution holding companies whose principal place of business is located in a county for which the Federal Emergency Management Agency (FEMA) has issued a ``major disaster declaration'' due to Hurricane Katrina on or after August 28, 2005 or due to Hurricane Rita on or after September 24, 2005 and made a determination that such county is eligible for both ``individual and public assistance.'' A list of the eligible counties may be found on the FEMA Web site (https:// www.fema.gov). Change of Application Deadlines: The NOFA published on September 9, 2004 for the BEA Program (69 FR 54718) also announced that the deadline for applications for the FY 2006 funding round is February 14, 2006. This notice is to announce that the deadline for the submission of applications via Grants.gov for the FY 2006 funding round of the BEA Program has been changed to 5 p.m. EST on March 1, 2006. Paper attachments to the application must be received no later than 5 p.m. EST on March 6, 2006. Increase of Award Amount: The NOFA published on September 9, 2004 for the BEA Program (69 FY 54718) also announced that the Fund expects that it may award approximately $6 million in appropriated funds for FY 2006 BEA Program awards. This notice is to announce that the Fund now expects that it may award approximately $12 million for FY 2006 BEA Program awards. The Fund reserves the right to make awards in an amount less than or in excess of this amount subject to funding availability. Modification of Application and Submission Information: The NOFA published on September 9, 2004 for the BEA Program (69 FY 54718) provided information regarding submission of applications in response to the NOFA. This notice is to announce that for the FY 2006 funding round, in compliance with Public Law 106-107 and Section 5(a) of the Federal Financial Assistance Management Improvement Act, the Fund is required to accept applications submitted through the Grants.gov electronic system. The Fund will post to its Web site at https://www.cdfifund.gov instructions for accessing and submitting an application through Grants.gov. The application instructions will be posted as soon as they are available and once the application materials are accessible through Grants.gov. The anticipated release date for the application instructions is January 6, 2006. Applicants are encouraged to start the registration process now at www.Grants.gov as the process may take several weeks to fully complete. See the following link for information on getting started on Grants.gov: https://grants.gov/assets/ GrantsgovCoBrandBrochure8X11.pdf. All other information and requirements set forth in the September 9, 2004 NOFA for the BEA Program shall remain effective, as published.

On July 15, 2005, the Community Development Financial Institutions Fund (the ``Fund'') announced in a NOAA for the New Markets Tax Credit Program (70 FR 41075) that the deadline for electronic allocation applications is 5 p.m. ET on September 21, 2005. The NOAA also announced that paper allocation applications must be postmarked on or before September 21, 2005 and received by the Fund at the address cited in the NOAA by 5 p.m. ET on September 30, 2005. Due to the recent occurrence of certain natural disasters, the Fund will consider extending these deadlines, on a case-by-case basis, for applicants that have been directly affected by said disasters. In general, to be eligible for an application deadline extension, an applicant must demonstrate that it cannot submit its application by September 21, 2005 because: 1. Its principal place of business is located in a county for which the Federal Emergency Management Agency (FEMA) has: a) issued a ``major disaster declaration'' since July 15, 2005; and b) made a determination that such county is eligible for both ``individual and public assistance''; or 2. There exist mitigating factors directly attributable to the disaster-related conditions in a county for which FEMA has: a) issued a ``major disaster declaration'' since July 15, 2005; and b) made a determination that such county is eligible for both ``individual and public assistance.'' If you would like to request an application deadline extension, you must send your request via e-mail to grantsmanagement@cdfi.treas.gov with the subject line ``Deadline Extension Request: 2006 NMTC Allocation Application.'' If you are unable to file your request by e- mail, you may contact the Fund by telephone at (202) 622-8226 or by facsimile at (202) 622-6453. These are not toll free numbers. Be sure to indicate in your telephone message or fax that you are requesting an extension of the 2006 NMTC Allocation Application deadline. In your request, you must explain why the application deadline extension is necessary, citing the specific circumstances preventing your organization from completing and/or submitting the application materials by the deadlines set forth in the NOAA. You must address, at a minimum, whether: your offices were closed and/or were without electricity for significant periods of time; staff members were not available to work on the application materials during critical periods; and/or other application partners (e.g., investors, consultants, community partners) were not available to provide materials critical to the compilation of a complete application. To ensure full consideration of your request prior to the September 21, 2005 Allocation Application deadline, you should submit your extension request as soon as feasible and by no later than 5 p.m. ET, Monday, September 19, 2005. The Fund reserves the right, in its sole discretion, to request additional supporting documentation before rendering a final determination. Please also note that the Fund is not at this time accepting any requests to extend deadlines pertaining to the issuance of qualified equity investments by prior allocatees planning to apply for allocations in the CY 2006 round of the NMTC Program (see section III.A.2.(a) of the NOAA). The Fund may issue, in its sole discretion, additional guidance on this matter at a later date. All other information and requirements set forth in the July 15, 2005 NOAA shall remain effective, as published.

This document provides advance notice of proposed rulemaking for the issuance of regulations relating to the New Markets Tax Credit (NMTC) Program as authorized by 26 U.S.C. 45D. This document invites comments from the public on certain issues regarding the designation of low-income communities for purposes of the NMTC Program. All materials submitted will be available for public inspection and copying.