60478 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4894–N–01] 

Notice of Funding Availability for the 

Community Development Block Grant 

Program for Indian Tribes and Alaska 

Native Villages; Fiscal Year 2004

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD.

ACTION: Notice of funding availability 

(NOFA). 

Overview Information 

A. Federal Agency Name: Department 

of Housing and Urban Development, 

Office of the Assistant Secretary for 

Public and Indian Housing, Office of 

Native American Programs. 

B. Funding Opportunity Title:

Community Development Block Grant 

(ICDBG) Program for Indian Tribes and 

Alaska Native Villages. 

C. Announcement Type: Initial 

Announcement. 

D. Funding Opportunity Number: The 

Federal Register number for this NOFA 

is FR–4894–N–01. The OMB approval 

number for this program is 2577–0191. 

E. Catalog of Federal Domestic 

Assistance (CFDA) Number(s): The 

Catalog of Federal Assistance (CFDA) 

Number for the Indian Community 

Development Block Grant Program is 

14.862. 

F. Dates: Application Deadline: The 

application due date is December 13, 

2004. 

G. Optional, Additional Overview 

Content Information:

1. Applicants for funding should 

carefully review the requirements 

identified in this NOFA. There is no 

separate application kit for this program 

in FY2004. 

2. The total approximate amount of 

funding available for the ICDBG 

Program for FY2004 is $71,575,200 plus 

FY2003 carry-over of $2,140,538 for a 

total (approximately) of $73,715,738. 

Funds that are recaptured may also be 

used for grant awards under this NOFA. 

3. Eligible applicants are Indian tribes 

or tribal organizations on behalf of 

Indian tribes. Specific information on 

eligibility is located in section III.A. of 

this NOFA. 

Full Text of Announcement 

I. Funding Opportunity Description 

A. General: Title I of the Housing and 

Community Development Act of 1974, 

which authorizes Community 

Development Block Grants, requires that 

grants for Indian tribes be awarded on 

a competitive basis in accordance with 

selection criteria contained in a 

regulation promulgated by the Secretary 

after notice and public comment. All 

grant funds awarded in accordance with 

this NOFA are subject to the 

requirements of 24 CFR part 1003. 

Applicants within an Area ONAP 

geographic jurisdiction compete only 

against each other for that Area ONAP 

allocation of funds. 

B. Program Description: The purpose 

of the ICDBG Program is the 

development of viable Indian and 

Alaska Native communities, including 

the creation of decent housing, suitable 

living environments, and economic 

opportunities primarily for persons with 

low- and moderate-incomes as defined 

in 24 CFR 1003.4. The Office of Native 

American Programs (ONAP) in HUD’s 

Office of Public and Indian Housing 

administers the program. 

All federally recognized Indian Tribes 

and Alaska Native Villages are eligible 

to participate in the ICDBG Program. 

Tribal organizations, as described in 24 

CFR 1003.5, are also eligible applicants. 

Projects funded by the ICDBG Program 

must meet the primary objective, 

defined at 24 CFR 1003.2, to principally 

benefit low- and moderate-income 

persons. Consistent with this objective, 

not less than 70 percent of the 

expenditures of each single-purpose 

grant shall be for activities which meet 

the regulatory criteria at 24 CFR 

1003.208 for: 

1. Area Benefit Activities 

2. Limited Clientele Activities 

3. Housing Activities 

4. Job Creation or Retention Activities 

ICDBG funds may be used to improve 

housing stock, provide community 

facilities, improve infrastructure, and 

expand job opportunities by supporting 

the economic development of the 

communities, especially by nonprofit 

tribal organizations or local 

development corporations. ICDBG 

single-purpose grants are distributed as 

annual competitive grants, in response 

to this NOFA. Additional information 

on eligible activities can be found in 

section III. 

C. Definitions Used in This NOFA:

1. Adopt. To approve by formal tribal 

resolution. 

2. Assure. As an applicant, you must 

state your compliance, or in the case of 

future actions, your intent to comply 

with a specific NOFA requirement. 

3. Document. To supply supporting 

written information and data in the 

application that satisfies the NOFA 

requirement. Documentation should 

clearly and concisely support your 

response to the rating factor. 

4. Entity Other Than Tribe. A 

distinction is made between the 

requirements for point award under 

Rating Factor 3 if a tribe or an entity 

other than the tribe will assume 

maintenance and related responsibilities 

for projects other than economic 

development and land acquisition to 

support new housing. Entities other 

than the tribe must have the following 

characteristics: 

(a) Must be legally distinct from the 

tribal government; (b) their assets and 

liabilities cannot be considered to be 

assets and liabilities of the tribal 

government; (c) claims against such 

entities cannot be made against the 

tribal government; and (d) must have 

governing boards, boards of directors, or 

groups or individuals similar in 

function and responsibility to such 

boards which are separate from the 

tribe’s general council, tribal council, or 

business council, as applicable.

5. Homeownership Assistance 

Programs. Tribes may apply for 

assistance to provide direct 

homeownership assistance to low- and 

moderate-income households to: (a) 

Subsidize interest rates and mortgage 

principal amounts for low- and 

moderate-income homebuyers; (b) 

finance the acquisition by low- and 

moderate-income homebuyers of 

housing that is occupied by the 

homebuyers; (c) acquire guarantees for 

mortgage financing obtained by lowand moderate-income homebuyers from 

private lenders (except that ICDBG 

funds may not be used to guarantee 

such mortgage financing directly, and 

grantees may not provide such 

guarantees directly); (d) provide up to 

50 percent of any downpayment 

required from a low- and moderateincome homebuyer; or (e) pay 

reasonable closing costs (normally 

associated with the purchase of a home) 

incurred by a low-or moderate-income 

homebuyer. 

6. Leveraged Resources. Leveraged 

resources are resources that you will use 

in conjunction with ICDBG funds to 

achieve the objectives of the project. 

Leveraged resources include, but are not 

limited to: Tribal trust funds; loans from 

individuals or organizations; business 

investments; private foundations; State 

or Federal loans or guarantees; other 

grants; and non-cash contributions and 

donated services. (See Rating Factor 4 of 

this NOFA for documentation 

requirements for point award for 

leveraged resources.) 

7. Microenterprise Programs. Tribes 

may apply for assistance to operate 

programs to fund the development, 

expansion, and stabilization of 

microenterprises. Microenterprises are 

defined as commercial entities with five 

or fewer employees, including the 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60479

owner. Microenterprise program 

activities may entail the following 

assistance to eligible businesses: (a) 

Providing credit, including, but not 

limited to, grants, loans, loan 

guarantees, and other forms of financial 

support for the establishment, 

stabilization, and expansion of 

microenterprises; (b) providing 

technical assistance, advice, and 

business support services to owners of 

microenterprises and persons 

developing microenterprises; and (c) 

providing general support, including, 

but not limited to, peer support 

programs, counseling, child care, 

transportation, and other similar 

services to owners of microenterprises 

and persons developing 

microenterprises. 

8. Operations and Maintenance 

(O&M) for Public Facilities and 

Improvements. While various items of 

cost will vary in importance and 

significance depending on the type of 

facility proposed, there are items of 

expense related to the operation of the 

physical plant which must be addressed 

in an O&M plan (tribe assumes 

responsibility) or in a letter of 

commitment (entity other than tribe will 

assume these responsibilities). These 

items include daily or other periodic 

maintenance activities; repairs such as 

replacing broken windows; capital 

improvements or replacement reserves 

for repairs such as replacing the roof; 

fire and liability insurance (may not be 

applicable to most types of 

infrastructure projects such as water and 

sewer lines); and security (may not be 

applicable to many types of 

infrastructure projects such as roads). 

Please note that while it is possible that 

the service provider may, in its 

agreement with a tribe, commit itself to 

cover certain or all facility O&M costs, 

as defined, these O&M costs do not 

include the program service provision 

costs related to the delivery of services 

(social, health, recreational, educational 

or other) which may be provided in a 

facility. 

9. Outcomes. The ultimate impact you 

hope to achieve with the proposed 

project. Outcomes should be 

quantifiable measures or indicators and 

identified in terms of the change in the 

community, lives, economic status, etc. 

Common outcomes could include 

increases in percent of housing units in 

standard condition, rates of 

homeownership, or rates of 

employment. 

10. Outputs. Outputs are the direct 

products of a program’s activities. They 

are usually measured in terms of the 

volume of work accomplished, such as 

number of low-income households 

served, number of units constructed or 

rehabilitated, linear feet of curbs and 

gutters installed, or numbers of jobs 

created or retained. Outputs should be 

clear enough to allow HUD to monitor 

and assess your proposed project’s 

progress if funded. 

11. Project Cost. The total cost to 

implement the project. Project cost 

includes both ICDBG and non-ICDBG 

funds and resources. 

12. Standard Housing/Standard 

Condition. Housing that meets the 

housing quality standards (HQS) 

adopted by the applicant. The HQS 

adopted by the applicant must be at 

least as stringent as the Section 8 HQS 

contained in 24 CFR 982.401 (Section 8 

Tenant-Based Assistance: Housing 

Choice Voucher Program) unless the 

ONAPs approve less stringent standards 

based on a determination that local 

conditions make the use of Section 8 

HQS infeasible. You may submit, before 

the application due date, a request for 

the approval of standards less stringent 

than section 8 HQS. If you submit the 

request with your application, you 

should not assume automatic approval 

by the ONAPs. The adopted standards 

must provide for (a) a safe house, in 

physically sound condition with all 

systems performing their intended 

design functions; (b) a livable home 

environment and an energy efficient 

building and systems that incorporate 

energy conservation measures; and (c) 

an adequate space and privacy for all 

intended household members. 

13. Tribe. Please note: when used in 

this NOFA the word ‘‘tribe’’ means an 

Indian tribe, band, group or nation, 

including Alaska Indians, Aleuts, 

Eskimos, Alaska Native Villages, 

ANCSA Village Corporations, and 

ANCSA Regional Corporations. 

II. Award Information 

A. Available Funds: The FY2004 

appropriation for the ICDBG Program is 

$71,575,200. In addition, an FY2003 

ICDBG carry-over of $2,140,538 is 

available for distribution for a total of 

$73,715,738. Funds that are recaptured 

may also be used for grant awards under 

this NOFA. 

B. Allocations to Area ONAPs: The 

requirements for allocating funds to 

Area ONAPs responsible for program 

administration are found at 24 CFR 

1003.101. Following these requirements, 

based on an appropriation of 

$71,575,200 and FY2003 ICDBG carryover of $2,140,538, the allocations for 

FY2004 are approximately as follows:

Eastern/Woodland .............. $ 8,279,282 

Southern Plains .................. 15,894,094 

Northern Plains ................... 10,455,318 

Southwest ........................... 27,766,597 

Northwest ............................ 3,603,106 

Alaska ................................. 7,717,341 

Total ................................ $73,715,738

III. Eligibility Information 

A. Eligible Applicants: Eligible 

applicants are Indian tribes or tribal 

organizations on behalf of Indian tribes. 

To apply for funding you must be 

eligible as an Indian tribe (or as a tribal 

organization), as required by 24 CFR 

1003.5, by the application submission 

date.

Tribal organizations are permitted to 

submit applications under 24 CFR 

1003.5(b) on behalf of eligible tribes 

when one or more eligible tribe(s) 

authorize the organization to do so 

under concurring resolutions. As is 

stated in this regulatory section, the 

tribal organization must itself be eligible 

under Title I of the Indian SelfDetermination and Education 

Assistance Act. The Bureau of Indian 

Affairs (BIA) or the Indian Health 

Service, as appropriate, must make a 

determination of such eligibility. This 

determination must be provided to the 

Area ONAP by the application 

submission date. 

If a tribe or tribal organization claims 

that it is a successor to an eligible entity, 

the Area ONAP must review the 

documentation to determine whether it 

is in fact the successor entity. 

Due to the unique structure of tribal 

entities eligible to submit ICDBG 

applications in Alaska, and as only one 

ICDBG application may be submitted for 

each area within the jurisdiction of an 

entity eligible under 24 CFR 1003.5, a 

tribal organization that submits an 

application for activities in the 

jurisdiction of one or more eligible 

tribes or villages must include a 

concurring resolution from each such 

tribe or village authorizing the submittal 

of the application. Each such resolution 

must also indicate that the tribe or 

village does not itself intend to submit 

an ICDBG application for that funding 

round. The hierarchy for funding 

priority continues to be the IRA 

Council, the Traditional Village 

Council, the ANCSA Village 

Corporation, and the ANCSA Regional 

Corporation. 

On December 5, 2003 (68 FR 68180), 

the BIA published a Federal Register

notice entitled, ‘‘Indian Entities 

Recognized and Eligible to Receive 

Services From the United States Bureau 

of Indian Affairs.’’ This notice provides 

a listing of Indian Tribal Entities in 

Alaska found to be Indian tribes as the 

term is defined and used in 25 CFR part 

83. Additionally, pursuant to Title I of 

the Indian Self-Determination and 

60480 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

Education Assistance Act, ANCSA 

Village Corporations and Regional 

Corporations are also considered tribes 

and therefore eligible applicants for the 

ICDBG program. 

Any questions regarding eligibility 

determinations and related 

documentation requirements for entities 

in Alaska should be referred to the 

Alaska Area ONAP prior to the 

application submission date. (See 24 

CFR 1003.5 for a complete description 

of eligible applicants.) 

B. Cost Sharing or Matching: Cost 

sharing or matching is not required 

under this grant; however, applicants 

who leverage this grant with other funds 

receive points. See section V, (A)(2) 

Rating Factor 4. 

C. Other:

1. Program and Project Specific 

Requirements:

a. Low- and Moderate-Income Status 

for Rehabilitation Projects. All 

households that receive grant assistance 

under a housing rehabilitation project 

must be of low- and moderate-income 

status. 

b. Housing Rehabilitation Cost Limits.

Grant funds spent on rehabilitation per 

house must fall within the following 

limits for each Area ONAP jurisdiction:

Eastern/Woodlands .............. $35,000 

Southern Plains .................... 30,000 

Northern Plains ..................... 45,000 

Southwest ............................. 40,000 

Northwest .............................. 40,000 

Alaska ................................... 55,000 

c. Commitment to Housing for Land 

Acquisition to Support New Housing 

Projects. For land acquisition to support 

new housing projects, your application 

must include evidence of a financial 

commitment and an ability to construct 

at least 25 percent of the housing units 

to be built on the land proposed for 

acquisition. This evidence must consist 

of one (or more) of the following: a firm 

or conditional commitment to construct 

(or to finance the construction of) the 

units; documentation that an approvable 

application for the construction of these 

units has been submitted to a funding 

source or entity; or, documentation that 

these units are specifically identified in 

the Indian Housing Plan (IHP) (one-Year 

Financial Resources Narrative; Table 2, 

Financial Resources, Part I., Line 1E; 

and Table 2, Financial Resources, Part 

II) submitted by or on behalf of the 

applicant as an affordable housing 

resource with a commensurate 

commitment of Indian Housing Block 

Grant (IHBG) (also known as the Native 

American Housing Block Grant) 

(NAHBG) resources. If the IHP for the 

IHBG (also known as NAHBG) program 

year that coincides with the 

implementation of the ICDBG-proposed 

project has not been submitted, you 

must provide an assurance that when 

submitted, the IHP will specifically 

reference the proposed project. 

d. Health Care Facilities. If you 

propose a facility that would provide 

health care services funded by the 

Indian Health Service (IHS), you must 

assure that the facility meets all 

applicable IHS facility requirements. We 

recognize that tribes that are contracting 

services from the IHS may establish 

other facility standards. These tribes 

must assure that these standards are at 

least comparable to nationally accepted 

minimum standards. 

2. Application Screening: The Area 

ONAP will screen applications for 

single-purpose grants. The Area ONAP 

will reject an application that fails this 

screening and will return it unrated. 

The Area ONAP will accept your 

application if it meets all the criteria 

listed below in items a through f.

a. Your application is received or 

submitted in accordance with the 

requirements set forth under 

Application and Submission Procedures 

in section IV of this NOFA; 

b. You are eligible; 

c. The proposed project is eligible; 

d. Your application contains 

substantially all the components 

specified in section IV. B. of this NOFA; 

e. Your application shows that at least 

70 percent of the grant funds are to be 

used for activities that benefit low- and 

moderate-income persons, in 

accordance with the requirements of 24 

CFR 1003.208. For screening purposes 

only, HUD will use the 2000 Census 

data if the data you submitted does not 

meet this screening requirement; and 

f. Your application is for an amount 

that does not exceed the grant ceilings 

listed in section IV.E.3. 

3. Name Check Review: Applicants 

are subject to a name check review 

process. Name checks are intended to 

reveal matters that significantly reflect 

on the applicant’s management and 

financial integrity, or if any key 

individuals have been convicted or are 

presently facing criminal charges. If the 

name check reveals significant adverse 

findings that reflect on the business 

integrity or responsibility of the 

recipient and key individual, HUD 

reserves the right to: (a) Require the 

removal of any key individual from 

association with management of and 

implementation of the award; and (b) 

make appropriate provisions or 

revisions with respect to the method of 

payment and financial reporting 

requirements.

4. Delinquent Federal Debt:

Consistent with the purpose and intent 

of 31 U.S.C. 3720B and 28 U.S.C. 

3201(e), no award of federal funds shall 

be made to an applicant who has an 

outstanding delinquent federal debt 

until: (a) The delinquent account is paid 

in full; (b) a negotiated repayment 

schedule is established; or (c) other 

arrangements satisfactory to the 

Department of Housing and Urban 

Development are made prior to the 

deadline submission date. 

5. False Statements: False statements 

in an application are grounds for denial 

or termination of an award and grounds 

for possible punishment as provided in 

18 U.S.C. 1001. 

6. DUN and Bradstreet Universal 

Numbering System (DUNS) Number 

Requirement: Beginning in Federal 

Fiscal Year 2004, any applicant seeking 

funding directly from HUD, or other 

Federal agencies, must obtain a DUNS 

number and include it in their SF424 

Application for Federal Assistance 

submission. Failure to provide a DUNS 

number will prevent you from obtaining 

an award. This policy is pursuant to 

OMB Policy issued in the Federal 

Register on June 27, 2003 (68 FR 38402, 

June 27, 2003). A copy of the OMB 

Federal Register notice and HUD’s 

regulation implementing the DUNS 

number can be found on HUD’s Web 

site at http://www.hud.gov/offices/adm/

grants/duns.cfm. Failure to provide a 

DUNS number with the application 

submission will be treated as a technical 

deficiency to the application. If the 

DUNS number is not provided within 

the cure period (see section V.B.9.a.), 

the application will not be funded. 

Organizations can receive a DUNS 

number at no cost by calling the 

dedicated toll-free DUNS number 

request line at 866–705–5711 or 

applying online at http://

www.dunandbradstreet.com. Persons 

with speech or hearing impairments 

may access the above telephone number 

via TTY by calling the Federal 

Information Relay Service at (800) 877–

8339. For faster service, HUD 

recommends using the telephone 

request line to obtain the DUNS 

number. 

7. Accessible Technology: The 

Rehabilitation Act Amendments of 1998 

apply to all electronic information 

technology (EIT) used by a grantee for 

transmitting, receiving, using, or storing 

information to carry out the 

responsibilities of any Federal grant 

awarded. The Act’s coverage includes, 

but is not limited to, computers 

(hardware, software, word-processing, email, and Web pages), facsimile 

machines, copiers, and telephones. 

When developing, procuring, 

maintaining, or using EIT, funding 

recipients must ensure that the EIT 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60481

allows employees with disabilities and 

members of the public with disabilities 

to have access to and use of information 

and data that is comparable to the 

access and use of information and data 

by employees and members of the 

public who do not have disabilities. If 

these standards impose a hardship on a 

funding recipient, they may provide an 

alternative means to allow the 

individual to use the information and 

data. However, no grantee will be 

required to provide information services 

to a person with disabilities at any 

location other than one at which the 

information services is generally 

provided. 

8. Ensuring the Participation of Small 

Businesses, Small Disadvantaged 

Businesses, and Women-Owned 

Businesses: HUD is committed to 

ensuring that small businesses, small 

disadvantaged businesses, and womenowned businesses participate fully in 

HUD’s direct contracting and in 

contracting opportunities generated by 

HUD grant funds. Too often, these 

businesses still experience difficulty in 

accessing information and successfully 

bidding on Federal contracts. State, 

local, and tribal governments are 

required by 24 CFR 85.36(e) and 

nonprofit recipients of assistance 

(grantees and sub-grantees) by 24 CFR 

84.44(b), to take all necessary 

affirmative steps in contracting for 

purchase of goods or services to assure 

that minority firms, women’s business 

enterprises, and labor surplus area firms 

are used when possible. 

9. Salary Limitation for Consultants:

FY2004 funds may not be used to pay 

or to provide reimbursement for 

payment of the salary of a consultant at 

more than the daily equivalent of the 

rate paid for level IV of the Executive 

Schedule, unless specifically authorized 

by law. 

10. Executive Order 13202, 

Preservation of Open Competition and 

Government Neutrality Toward 

Government Contractors’ Labor 

Relations on Federal and Federally 

Funded Construction Projects:

Compliance with HUD regulations in 24 

CFR 5.108, which implements E.O. 

13202, is a condition of receipt of 

assistance under this NOFA. 

11. Executive Order 13279, Equal 

Protection of the Laws for Faith-Based 

and Community Organizations: HUD is 

committed to full implementation of 

Executive Order 13279 and has 

undertaken a review of all policies and 

regulations that have implications for 

faith-based and community 

organizations. Also, it has established a 

policy priority to provide full and equal 

access to grassroots faith-based and 

other community-based organizations in 

HUD program implementation. 

Applicants are urged to complete and 

return the ‘‘Survey Ensuring Equal 

Opportunity for Applicants,’’ included 

with other standard forms in appendix 

B. Your participation in the survey will 

help HUD measure its success providing 

equal access to its programs for all 

applicants. 

12. Executive Order 13166, Improving 

Access to Services for Persons With 

Limited English Proficiency (LEP):

Executive Order 13166 seeks to improve 

access to federally assisted services, 

programs, and benefits for individuals 

with limited English proficiency. 

Applicants obtaining an award from 

HUD must seek to provide access to 

program benefits and information to 

LEP individuals through translation and 

interpretative services in languages 

other than English that are common in 

significant numbers in the community, 

in accordance with HUD LEP guidance 

published at 68 FR 70967–70980 on 

December 19, 2003 (http://

a257.g.akamaitech.net/7/257/2422/

14mar20010800/

edocket.access.gpo.gov/2003/pdf/03–

31267.pdf). Further guidance may be 

found at the LEP Web site at http://

www.lep.gov.

13. Conducting Business in 

Accordance With Core Values and 

Ethical Standards: Entities subject to 24 

CFR part 85 (most nonprofit 

organizations and State, local, and tribal 

governments or government agencies or 

instrumentalities that receive Federal 

awards of financial assistance) are 

required to develop and maintain a 

written code of conduct (see section 

85.36(b)(3)). Consistent with regulations 

governing specific programs, your code 

of conduct must: Prohibit real and 

apparent conflicts of interest that may 

arise among officers, employees, or 

agents; prohibit the solicitation and 

acceptance of gifts or gratuities by your 

officers, employees, and agents for their 

personal benefit in excess of minimal 

value; and outline administrative and 

disciplinary actions available to remedy 

violations of such standards. If awarded 

assistance under this NOFA, you will be 

required, prior to entering into an 

agreement with HUD, to submit a copy 

of your code of conduct and describe 

the methods you will use to ensure that 

all officers, employees, and agents of 

your organization are aware of your 

code of conduct. Failure to meet the 

requirement for a code of conduct will 

prohibit you from receiving an award of 

funds from HUD. 

14. Pre-Award Accounting System 

Surveys: HUD may arrange for a preaward survey of the applicant’s 

financial management system in cases 

where the recommended applicant has 

no prior federal support, the program 

area has reason to question whether the 

applicant’s financial management 

system meets Federal financial 

management standards, or the applicant 

is considered a high risk based upon 

past performance or financial 

management findings. HUD will not 

make an award to any applicant who 

does not have a financial management 

system that meets federal standards. 

IV. Application and Submission 

Information 

A. Addresses to Request Application 

Package: All required information and 

application forms are contained in this 

NOFA. A separate application kit is not 

available this year. In response to 

concerns about how long it takes for the 

publication and dissemination of 

application kits, HUD has made an 

effort to improve the readability of the 

NOFA and publish all required forms 

and application submission information 

in the Federal Register. As a result of 

this effort, you will not have to wait for 

an application kit to begin to prepare 

your application for funding. 

A copy of the published NOFA and 

application forms for the ICDBG 

Program may be downloaded from the 

grants.gov Web site at http://

www.grants.gov, ONAP’s Web site at 

http://www.codetalk.fed.us/

HUD_ONAP.html, or you may call 

HUD’s NOFA Information Center at 

800–HUD–8929 or for the hearing 

impaired, call 800–HUD–2209.

B. Content and Form of Application 

Submission:

1. Application Information: To 

expedite the review of your application 

and ensure that your application is 

given a thorough and complete review 

of all responses to each of the 

components of the selection criteria, 

please indicate, on the first page of each 

project submission, the type of project(s) 

being proposed: Economic 

Development, Homeownership 

Assistance, Housing Rehabilitation, 

Land Acquisition to Support New 

Housing, Microenterprise Programs, 

New Housing Construction, or Public 

Facilities and Improvements. This will 

help to ensure that the appropriate 

project-specific thresholds and rating 

subfactors will be applied. 

In addition, please use separate tabs 

for each rating factor and rating 

subfactor. In order to be rated, make 

sure the response is beneath the 

appropriate heading. Keep the responses 

in the same order as the NOFA. Limit 

your narrative explanations to 200 

words or less and provide the necessary 

60482 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

data such as a market analysis, a pro 

forma, housing survey data, etc., that 

support the response. Include all 

relevant material to a response under 

the same tab. Only include 

documentation that will clearly and 

concisely support your response to the 

rating criteria.

HUD suggests that you do a 

preliminary rating for your project, 

providing a score according to the 

NOFA point system. This will show you 

how reviewers might score your project. 

Also, it will show you where the 

strengths and weaknesses of the 

application are located. This will help 

you determine where improvements can 

be made to your application prior to its 

submission. 

The published Federal Register

document is the official document that 

HUD uses to evaluate applications. 

Therefore, if there is a discrepancy 

between any materials published by 

HUD in hard copy or on 

www.grants.gov, or on any HUD Web 

site, and the Federal Register

publication of the NOFA, the 

information published in the NOFA 

Federal Register publication (including 

any corrections published in the 

Federal Register) prevails. 

2. Content of Application, Forms, 

Certifications, and Assurances: The 

applicant must respond in narrative 

form to all five of the rating factors 

listed in section V.A.2. of this NOFA. In 

addition, the applicant must submit all 

of the forms required in this section of 

the NOFA, along with other data listed 

below. 

a. Demographic data. You may submit 

data that are unpublished and not 

generally available in order to meet the 

requirements of this section. Your 

application must contain a statement 

that the following criteria have been 

met: 

(1) Generally available published data 

are substantially inaccurate or 

incomplete; 

(2) Data that you submit have been 

collected systematically and are 

statistically reliable; 

(3) Data are, to the greatest extent 

feasible, independently verifiable; and 

(4) Data differentiate between 

reservation and BIA service area 

populations, when applicable. 

b. Publication of Community 

Development Statement. You must 

prepare and publish or post the 

community development statement 

portion of your application according to 

the citizen participation requirements of 

24 CFR 1003.604. 

c. Application Submission. Your 

application must contain the items 

listed below. 

(1) Application for Federal Assistance 

(SF–424); 

(2) Applicant/Recipient Disclosure/

Update Report (HUD–2880); 

(3) Acknowledgement of Application 

Receipt (HUD–2993). 

If the application has been submitted 

by a tribal organization as defined in 24 

CFR 1003.5(b), on behalf of an Indian 

tribe, you must submit concurring 

resolutions from the Indian tribe stating 

that the tribal organization is applying 

on the tribe’s behalf. 

The other required items are as 

follows:

(4) Community Development 

Statement that includes: 

(a) Components that address the 

general threshold requirement and the 

relevant project-specific thresholds and 

rating factors; 

(b) A schedule for implementing the 

project (Form HUD–4125, 

Implementation Schedule); and 

(c) Cost information for each separate 

project, including specific activity costs, 

administration, planning, technical 

assistance, and total HUD share (Form 

HUD–4123, Cost Summary). 

(5) Certifications (Form HUD–4126); 

(6) A map showing project location, if 

appropriate; 

(7) If the proposed project will result 

in displacement or temporary 

relocation, a statement that identifies: 

(a) The number of persons (families, 

individuals, businesses, and nonprofit 

organizations) occupying the property 

on the date of the submission of the 

application (or date of initial site 

control, if later); 

(b) The number to be displaced or 

temporarily relocated; 

(c) The estimated cost of relocation 

payments and other services; 

(d) The source of funds for relocation; 

and 

(e) The organization that will carry 

out the relocation activities; 

(8) If applicable, evidence of the 

disclosure required by 24 CFR 

1003.606(e) regarding conflict of 

interest. 

(9) If applicable, the demographic 

data statement described in section 

IV.B.2.a. and section V.A.2., Rating 

Factor 2 of this NOFA. The data 

accompanying the statement must 

identify the total number of persons 

benefiting from the project and the total 

number of low- and moderate-income 

persons benefiting from the project. To 

be considered, supporting 

documentation must include all of the 

following: A sample copy of a 

completed survey form; an explanation 

of the methods used to collect the data; 

and a listing of incomes by household. 

(10) Optional submissions are: 

(a) Client Comments and Suggestions 

(HUD–2994); 

(b) Logic Model, HUD–96010; 

(c) SF 424, Supplemental Survey on 

Ensuring Equal Opportunity for 

Applicants. 

Copies of all application forms listed 

in this section are provided in appendix 

B of this NOFA. 

C. Submission Dates and Times:

1. Application Due Date. Your 

completed application (one original and 

two copies) must be postmarked on or 

before 12 midnight, and be received by 

the designated Area Office of Native 

American Programs (ONAP) on or 

within 15 days of the application due 

date. HUD will not accept any 

applications sent electronically or by 

facsimile. 

D. Intergovernmental Review:

Executive Order 12372, 

Intergovernmental Review of Federal 

Programs, was issued to foster 

intergovernmental partnership and 

strengthen federalism by relying on 

State and local processes for the 

coordination and review of Federal 

financial assistance and direct Federal 

development. HUD implementing 

regulations are published in 24 CFR part 

52. The Order allows each state to 

designate an entity to perform a state 

review function. The official listing of 

State Points of Contact (SPOC) for this 

review process can be found at http://

www.whitehouse.gov/omb/grants/

spoc.html. Please note that Indian tribes 

are not subject to the intergovernmental 

review process.

E. Funding Restrictions:

1. Ineligible Activities: In general, any 

activity that is not authorized under the 

provisions of 24 CFR 1003.201–

1003.206 is ineligible to be assisted with 

ICDBG grant funds. The regulations at 

24 CFR 1003.207 govern ineligible 

activities and should be referred to for 

details. The following guidance is 

provided in determining the eligibility 

of other activities frequently associated 

with ICDBG projects. 

a. Government Office Space.

Buildings, or portions thereof, used 

predominantly for the general conduct 

of government, cannot be assisted with 

ICDBG funds. Those buildings include, 

but are not limited to, local government 

office buildings, courthouses, and other 

headquarters of government where the 

governing body meets regularly. 

Buildings that contain both 

governmental and nongovernmental 

services can be assisted as long as the 

ICDBG funds are used only for the 

nongovernmental sections. Examples of 

ineligible buildings are a building to 

house the community development 

division or a tribal administration 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60483

building. Your Area ONAP office should 

be consulted for projects of this nature. 

b. General Government Expenses.

Except as authorized in the regulations 

or under OMB Circular A–87, expenses 

required to carry out the regular 

responsibilities of the unit of general 

local government are not eligible for 

assistance with ICDBG funds. 

c. Maintenance and Operation 

Expenses. In general, any expenses 

associated with repairing, operating, or 

maintaining public facilities and 

services are not eligible for assistance. 

Specific exceptions to this general rule 

are operating and maintenance expenses 

associated with public service activities 

[24 CFR 1003.201(e)], office space for 

program staff employed in carrying out 

the ICDBG program [24 CFR 

1003.206(a)(4)], and interim assistance 

[24 CFR 1003.201(f)]. For example, 

where a public service is being assisted 

with CDBG funds, the cost of operating 

and maintaining that portion of the 

facility in which the service is located 

is eligible as part of the public service. 

Examples of ineligible operating and 

maintenance expenses are routine and 

non-routine maintenance and repair of 

streets, parks, playgrounds, water and 

sewer facilities, neighborhood facilities, 

senior centers, centers for persons with 

disabilities, parking facilities, similar 

public facilities, payment of salaries for 

staff, utility costs, and similar expenses 

necessary for the operation of public 

works and facilities. 

d. New Housing Construction. The 

construction of new permanent 

residential structures and any program 

to subsidize or finance such new 

construction is ineligible unless carried 

out by a Community-Based 

Development Organization (CBDO) 

pursuant to 24 CFR 1003.204(a). 

e. Furnishings and Personal Property.

In general, the purchase of equipment, 

fixtures, motor vehicles, furnishings, or 

other personal property that is not an 

integral structural fixture is ineligible. 

Exceptions include when such 

purchases are necessary for use in grant 

administration (24 CFR 1003.206); 

necessary and appropriate for use in a 

project carried out by a CBDO (24 CFR 

1003.204); used in providing a public 

service (24 CFR 1003.201(e)); or used as 

firefighting equipment (24 CFR 

1003.201(c)(1)(ii). However, ICDBG 

funds may be used to pay depreciation 

or use allowances (in accordance with 

OMB Circular A–87 or A–122 as 

applicable). 

f. Construction Tools and Equipment.

The purchase of construction tools and 

equipment is generally ineligible. 

However, compensation for the use of 

such tools and equipment through 

leasing, depreciation, or use allowances 

pursuant to OMB Circulars A–87 and 

A–122, as applicable, for an otherwise 

eligible activity is an eligible use of 

ICDBG funds. Exceptions include 

construction tools and equipment 

purchased for use as part of a solid 

waste facility (24 CFR 1003.201(c)(1)(ii)) 

and construction tools only (not 

equipment) purchased for use in a 

housing rehabilitation project being 

administered by the recipient using the 

force account construction method (24 

CFR 1003.202(b)(8)). 

g. Income Payments. In general, 

assistance shall not be used for income 

payments for housing or any other 

purpose. Income payments mean a 

series of subsistence-type grant 

payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities, 

but excludes emergency payments made 

over a period of up to three months to 

the provider of such items or services on 

behalf of an individual or family. 

Examples of ineligible income payments 

include the payments for income 

maintenance and housing allowances. 

2. Grant Ceilings: The authority to 

establish grant ceilings is found at 24 

CFR 1003.100(b)(1). Grant ceilings are 

established for FY2004 funding at the 

following levels:

Area ONAP Population Ceiling 

Eastern Woodlands ................................................................................................................................. ALL ................................. $500,000 

Southern Plains ....................................................................................................................................... ALL ................................. 800,000 

Northern Plains ........................................................................................................................................ ALL ................................. 900,000 

Southwest ................................................................................................................................................ 50,001+ .......................... 5,500,000 

10,501–50,000 ............... 2,750,000 

7,501–10,500 ................. 2,200,000 

6,001–7,500 ................... 1,100,000 

1,501–6,000 ................... 825,000 

0–1,500 .......................... 605,000 

Northwest ................................................................................................................................................ ALL ................................. 500,000 

Alaska ...................................................................................................................................................... ALL ................................. 500,000 

For the Southwest Area ONAP 

jurisdiction, the population used to 

determine ceiling amounts is the Native 

American population that resides on a 

reservation or rancheria. Please contact 

that office before submitting your 

application if you are unsure of the 

population level to use to determine the 

ceiling amount for your tribe or if you 

believe that the level used for previous 

years needs to be revised or corrected. 

The Southwest ONAP must approve any 

corrections or revisions to Native 

American population data before you 

submit your application. 

3. Program Related Threshold 

Requirements:

a. Outstanding ICDBG Obligation.

According to 24 CFR 1003.301(a), an 

applicant who has an outstanding 

ICDBG obligation to HUD that is in 

arrears, or one that has not agreed to a 

repayment schedule, will be 

disqualified from the competition. 

b. Compliance with Fair Housing and 

Civil Rights Laws. With the exception of 

federally recognized Indian tribes and 

their instrumentalities, all applicants 

and their subrecipients must comply 

with all Fair Housing and Civil Rights 

laws, statutes, regulations, and 

Executive Orders as enumerated in 24 

CFR 5.105(a). If you are a federally 

recognized Indian tribe, you must 

comply with the nondiscrimination 

provisions enumerated at 24 CFR 

1003.601, as applicable. If you, the 

applicant: 

(1) Have been charged with a systemic 

violation of the Fair Housing Act 

alleging ongoing discrimination; or 

(2) Are a defendant in a Fair Housing 

Act lawsuit filed by the Department of 

Justice alleging an ongoing pattern or 

practice of discrimination; or 

(3) Have received a letter of 

noncompliance findings identifying 

ongoing or systemic noncompliance, 

under Title VI of the Civil Rights Act of 

1964, section 504 of the Rehabilitation 

Act of 1973, or section 109 of the 

Housing and Community Development 

Act of 1974; and the charge, lawsuit, or 

letter of findings referenced above has 

not been resolved to HUD’s satisfaction 

before the application deadline stated in 

this NOFA, you are ineligible and the 

60484 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

application will not be rated or ranked. 

HUD makes a determination of whether 

actions to resolve a charge, lawsuit, or 

letter of findings taken prior to the 

application deadline are sufficient to 

resolve the matter. 

Examples of actions that would 

normally be considered sufficient to 

resolve the matter include but are not 

limited to: 

(a) A voluntary compliance agreement 

signed by all parties in response to the 

letter of findings; 

(b) A HUD-approved conciliation 

agreement signed by all parties; 

(c) A consent order or consent decree; 

or 

(d) An issuance of a judicial ruling or 

a HUD Administrative Law Judge’s 

decision. 

4. Project-Specific Threshold 

Requirements:

a. Housing Rehabilitation Project 

Thresholds. In accordance with 24 CFR 

1003.302(a), for housing rehabilitation 

projects, you must adopt rehabilitation 

standards and rehabilitation policies 

before you submit an application. You 

must submit with the application 

evidence the policies or standards have 

been adopted in accordance with tribal 

law or practice. You must also provide 

an assurance that project funds will be 

used to rehabilitate HUD-assisted 

houses only when the tenant or 

homebuyer’s payments are current or 

the tenant or homebuyer is current in a 

repayment agreement except in 

emergency situation. The ONAP 

Administrator on a case-by-case basis 

may approve exceptions to this 

requirement. 

b. Land Acquisition to Support New 

Housing Project Thresholds. No projectspecific thresholds.

c. New Housing Construction Project 

Thresholds.

(1) In accordance with 24 CFR 

1003.302(b), new housing construction 

can be implemented only when 

necessary through a Community Based 

Development Organization (CBDO). 

Eligible CBDOs are described in 24 CFR 

1003.204(c). You must provide 

documentation establishing that the 

entity implementing your new housing 

construction project qualifies as a 

CBDO. 

(2) In accordance with 24 CFR 

1003.302, you must submit a current (in 

effect) tribal resolution adopting and 

identifying construction standards. 

(3) In accordance with 24 CFR 

1003.302, you must also include in your 

application documentation that 

supports the following: 

(a) All households to be assisted 

under a new housing construction 

project must be of low- or moderateincome status; 

(b) No other housing is available in 

the immediate reservation area that is 

suitable for the households to be 

assisted; 

(c) No other sources including an 

IHBG can meet the needs of the 

household(s) to be served; and 

(d) Rehabilitation of the unit occupied 

by the household(s) to be assisted is not 

economically feasible, or the 

household(s) to be housed currently is 

in an overcrowded house (more than 

one household per house), or the 

household to be assisted has no current 

residence. 

d. Homeownership Assistance Project 

Thresholds. No project specific 

thresholds. 

e. Public Facilities and Improvements 

Project Thresholds. No project specific 

thresholds. 

f. Economic Development Project 

Thresholds. In accordance with 24 CFR 

1003.302, for economic development 

assistance projects, you must provide a 

financial analysis. The financial 

analysis must demonstrate that the 

project is financially feasible and the 

project has a reasonable chance of 

success. The analysis must also 

demonstrate the public benefit resulting 

from the ICDBG assistance. The more 

funds you request, the greater public 

benefit you must demonstrate. The 

analysis must also establish that to the 

extent practicable, reasonable financial 

support will be committed from nonfederal sources prior to disbursement of 

federal funds; any grant amount 

provided will not substantially reduce 

the amount of non-federal financial 

support for the activity; not more than 

a reasonable rate of return on 

investment is provided to the owner; 

and that grant funds used for the project 

will be disbursed on a pro-rata basis 

with amounts from other sources. 

g. Microenterprise Program 

Thresholds. No project specific 

threshold. 

5. Public Service Projects: Because 

there is a statutory 15 percent cap on the 

amount of grant funds that may be used 

for public service activities, you may 

not receive a single-purpose grant solely 

to fund public service activities. Your 

application, however, may contain a 

public service component for up to 15 

percent of the total grant. This 

component may be unrelated to the 

other project(s) included in your 

application. If your application does not 

receive full funding, we will reduce the 

public service allocation 

proportionately so that it comprises no 

more than 15 percent of the total grant 

award. In making such reductions, the 

feasibility of the proposed project will 

be taken into consideration. If a 

proportionate reduction of the public 

service allocation renders such a project 

infeasible, the project will not be 

funded. A complete description of 

Public Service Projects is located at 24 

CFR part 1003.201. 

6. Restrictions on Eligible Activities:

Activities that are eligible for ICDBG 

funding are identified at 24 CFR part 

1003, subpart C. Please note that 

although this subpart has not yet been 

revised to include the restrictions on 

activity eligibility that were added to 

section 105 of the CDBG statute by 

section 588 of the Quality Housing and 

Work Responsibility Act of 1998, these 

restrictions apply. Specifically, ICDBG 

funds may not be used to assist directly 

in the relocation of any industrial or 

commercial plant, facility, or operation, 

from one area to another, if the 

relocation is likely to result in a 

significant loss of employment in the 

labor market area from which the 

relocation occurs. Rating Factors 2 and 

3 included under section V. specify 

many of the activities listed as eligible 

under part 1003, subpart C. Those listed 

include new housing construction (in 

certain circumstances as described in 

Rating Factors 2 and 3 in section V.), 

housing rehabilitation, land acquisition 

to support new housing, 

homeownership assistance, public 

facilities and improvements, economic 

development, and microenterprise 

programs. However, the following 

eligible activities not clearly identified 

by the rating factors may be proposed 

and rated as described below. During 

the past few years, many tribes have 

experienced high incidences of mold 

growth in tribal homes and buildings. 

Renovation of affected buildings is 

eligible under housing rehabilitation or 

public facility improvement projects. 

For a complete description of eligible 

activities, please refer to 24 CFR part 

1003, subpart C. 

a. Acquisition of property. This 

activity can be proposed as Land to 

Support New Housing or as part of New 

Housing Construction, Public Facilities 

and Improvements, or Economic 

Development depending on the purpose 

of the land acquisition to support new 

construction. 

b. Assistance to Institutions of Higher 

Learning. If such entities have the 

capacity, they can help the ICDBG 

grantees to implement eligible projects. 

c. Assistance to Community Based 

Development Organizations (CBDOs).

Grantees may provide assistance to 

these organizations to undertake 

activities related to neighborhood 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60485

revitalization, community economic 

development, or energy conservation.

d. Clearance, Demolition. These 

activities can be proposed as part of 

Housing Rehabilitation, New Housing 

Construction, Public Facilities and 

Improvements, Economic Development, 

or Land to Support New Housing. 

Section 1003.201(d) states, ‘‘Demolition 

of HUD-assisted housing units may be 

undertaken only with the prior approval 

of HUD.’’

e. Code Enforcement. This activity 

can be proposed as Housing 

Rehabilitation. The activity must 

comply with the requirements at 24 CFR 

1003.202. 

f. Comprehensive Planning. This 

activity is eligible, and can be proposed, 

as part of any otherwise-eligible project 

to the extent allowed by the 20 percent 

cap on the grant for planning and 

administration. 

g. Energy Efficiency. Associated 

activities can be proposed under 

Housing Rehabilitation or Public 

Facilities and Improvements depending 

upon the type of energy efficiency 

activity. 

h. Lead Based Paint Abatement and 

Evaluation. These activities can be 

proposed under Housing Rehabilitation. 

i. Non-Federal Share. ICDBG funds 

can be used as a match for any nonICDBG funding to the extent allowed by 

such funding and the activity is eligible 

under 24 CFR part 1003, subpart C. 

j. Privately and Publicly Owned 

Commercial or Industrial Buildings (real 

property improvements). These 

activities can be proposed under 

Economic Development. Privately 

owned commercial rehabilitation is 

subject to the requirements at 24 CFR 

1003.202. 

k. Privately Owned Utilities.

Assistance to privately owned utilities 

can be proposed under Public Facilities 

and Improvements. 

l. Removal of Architectural Barriers.

This includes removing barriers that 

restrict mobility and access for elderly 

and persons with disabilities. In 

addition, accommodation should be 

made for persons with all varieties of 

disabilities to enable them to benefit 

from these activities. This activity can 

be proposed under Housing 

Rehabilitation or Public Facilities and 

Improvements depending upon the type 

of structure where the barrier will be 

removed. 

F. Other Submission Requirements:

1. Mailing and Receipt Procedures.

The following procedures apply to the 

delivery and receipt of applications. 

Please read the following instructions 

carefully and completely as failure to 

comply with these procedures may 

disqualify your application. HUD’s 

delivery and receipt policies are: 

a. Hand deliveries will be accepted in 

FY2004 until 5 p.m. local time at the 

Area ONAP designated for your 

jurisdiction in section IV.F.3. However, 

if HUD staff are not available to accept 

your package or the courier service, due 

to security or other reasons, is not 

allowed to enter the building to deliver 

the package, the package will be 

determined not delivered and not 

accepted by HUD. HUD will not accept 

responsibility for ensuring that staff is 

available to take your package and will 

not breach security measures in order to 

accept an undeliverable package. If the 

applicant experiences problems gaining 

entry to HUD’s offices, the applicant is 

encouraged to take the application to 

the nearest post office and follow the 

mailing instructions for postal service 

timely delivery. 

b. Applications may be shipped using 

DHL, Falcon Carrier, Federal Express 

(FedEx), United Parcel Services (UPS), 

or the United States Postal Service. 

Please be aware that the United States 

Postal Service is no longer delivering 

large packages dropped in mailboxes, 

even though there may be sufficient 

postage. In order to have your 

application package delivered and not 

returned to sender, you must have the 

package accepted by a postal clerk at a 

post office counter. At the counter, you 

can proceed to obtain the necessary 

postage and the USPS Form 3817 or the 

receipt received from the post office 

showing the postal facility name, 

location and date and time of mailing, 

as noted below under Proof of Timely 

Submission. Be sure to obtain a receipt 

for applications submitted to delivery 

services or to the United States Postal 

Service. 

c. All mailed applications must be 

postmarked on or before midnight of 

their due date and received within 15 

days of the due date. 

2. Proof of Timely Submission. In the 

case of a disputed submission for 

applications mailed by the United States 

Postal Service, the proof of timely 

submission to HUD field offices will be 

the Certificate of Mailing (USPS Form 

3817). If the postal service does not 

normally postmark large packages, the 

proof of timely submission shall be 

received within 15 days at the 

designated Area Office, and upon 

request by a HUD official, proof of 

mailing using USPS Form 3817, 

Certificate of Mailing or a receipt from 

the Post Office which contains the post 

office name, location, and date and time 

of mailing. For submission through the 

United States Postal Service, no other 

proof of timely submission will be 

accepted. If items are mailed from the 

post office using express mail delivery 

service, the express mail receipt will be 

acceptable if it indicates the date and 

time of mailing. In the case of disputed 

submissions for applications submitted 

to HUD via a delivery service other than 

the United States Postal Service, the 

documentary proof of timely submission 

will be the delivery service receipt 

indicating the application was 

submitted to the delivery service at least 

24 hours prior to the application due 

date and, through no fault of the 

applicant, delivery could not be made 

on or before the application due date. If 

a courier attempting application 

delivery is turned away from a HUD 

facility due to security issues, this 

situation will not be considered as 

meeting the requirement of ‘‘no fault of 

the applicant.’’ Applicants have been 

advised that delivery issues can arise 

when use of courier services results in 

late application submission.

Please remember that mail to federal 

facilities is screened prior to delivery, so 

please allow time for your package to be 

delivered. If you mail your application 

to the wrong location and the office 

designated for receipt in accordance 

with these submission requirements 

does not receive it, your application will 

be considered late and not be 

considered for funding. HUD will not be 

responsible for directing it to the 

appropriate office. 

3. Addresses for Submitting 

Applications. Submit the original signed 

application and two copies to the 

appropriate Area ONAP for your 

jurisdiction. A list identifying each Area 

ONAP jurisdiction is provided below. 

Please note that the Denver, Oklahoma, 

and Alaska offices have new addresses.

60486 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

If you are applying from this geographic 

location then... 

send your application to this Area ONAP:

(Persons with hearing or speech impairments may access the telephone numbers listed on this page 

via TTY (text telephone) by calling the Federal Relay Service at 800–877–8339 (this is a toll-free 

number) 

All States East of the Mississippi River, 

Plus Iowa and Minnesota.

Eastern/Woodlands Office of Native American Programs, Grants Management Division, 77 West 

Jackson Blvd., Room 2400, Chicago, IL 60604–3507, Telephone: (312) 886–4532, Ext. 2815 or 

800–735–3239. 

Louisiana, Kansas, Oklahoma, and 

Texas, except West Texas.

Southern Plains Office of Native American Programs, Grants Management Division, 301 NW., 6th 

Street, Suite 200, Oklahoma City, OK 73102, Telephone: (405) 609–8525. 

Colorado, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming.Northern Plains Office of Native American Programs, Grants Management Division, UMB Plaza, 1670 

Broadway, Denver, CO 80202–4801, Telephone: (303) 672–5465 or 888–814–2945. 

Arizona, California, and Nevada ............. Southwest Office of Native American Programs, Grants Management Division, One North Central Avenue, Suite 600, Phoenix, AZ 85004–2361, Telephone: (602) 379–7220. 

New Mexico and West Texas ................. Southwest Office of Native American Programs, Grants Management Division, 625 Silver Ave., SW., 

Suite #300, Albuquerque, NM 87102–3185, Telephone: (505) 346–6923. 

Idaho, Oregon, and Washington ............. Northwest Office of Native American Programs, Grants Management Division, Federal Office Building, 909 First Avenue, Suite 300, Seattle, WA 98104–1000, Telephone: (206) 220–5270. 

Alaska ...................................................... Alaska Office of Native American Programs, Grants Management Division, 3000 C. Street, Suite 401, 

Anchorage, AK 99503, Telephone: (907) 677–9800. 

V. Application Review Information 

A. Criteria:

1. Planning and Administrative Costs.

Applicants must report project planning 

and administration costs on Form HUD–

4123, Cost Summary. Planning and 

administrative costs cannot exceed 20 

percent of the grant. The following 

criteria applies to planning and 

administrative costs: 

a. Planning and administrative 

activities may be funded only in 

conjunction with a physical 

development activity. 

b. If you are submitting an application 

for more than one project, costs must be 

broken down by project. Submit one 

Form HUD–4123 for each proposed 

project in addition to a consolidated 

Form HUD–4123 that includes costs for 

all proposed projects. 

c. Do not include project costs (i.e.

architectural/engineering, 

environmental, technical assistance, 

staff/overhead costs) directly related to 

project. 

2. Rating Factors to Evaluate and Rate 

Applications. The factors for rating and 

ranking applications and the points for 

each factor are provided below. A 

maximum of 100 points may be 

awarded under Rating Factors 1 through 

5. To be considered for funding, your 

application must receive a minimum of 

15 points under rating factor 1 and an 

application score of 70 out of the 

possible total of 100, the maximum any 

project can receive. The following 

summarizes the points assigned to each 

rating factor and each rating subfactor 

and lists which rating subfactors apply 

to which project types. Please use this 

table to ensure that you are addressing 

the appropriate rating subfactor for your 

project.

Rating factor Rating

subfactor Points Project type 

1 ........................................ Total ................. 30 Minimum of 15 Points Required 

(1)(a) ................. 10 All Project Types. 

(1)(b) ................. *5 or 7 All Project Types. 

(1)(c) ................. *3 or 8 All Project Types. 

(1)(d) ................. *2 or 5 All Project Types. 

(2)(a) ................. *2 or 0 All Project Types. 

(2)(b) ................. *2 or 0 All Project Types. 

(2)(c) ................. *2 or 0 All Project Types. 

(2)(d) ................. *2 or 0 All Project Types. 

(2)(e) ................. *2 or 0 All Project Types. 

2 ........................................ Total ................. 20 

1 ....................... 5 All Project Types. 

(2)(a) ................. 15 Public Facilities and Improvements and Economic. 

(2)(b) ................. 15 New Housing Construction, Housing Rehabilitation, Land Acquisition to Support 

New Housing, and Homeownership Assistance Projects. 

(2)(c) ................. 15 Microenterprise Programs. 

3 ........................................ Total ................. 35 

(1) ..................... 14 All Project Types. 

(2) ..................... 5 All Project Types. 

(3) ..................... 1 By Project Type. 

(4)(a) ................. 15 Public Facilities and Improvements. 

(4)(b) ................. 15 New Housing Construction, Housing Rehabilitation, and Homeownership Assistance Programs. 

(4)(c) ................. 15 Economic Development. 

(4)(d) ................. 15 Microenterprise Programs. 

(4)(e) ................. 15 Land Acquisition to Support New Housing. 

4 ........................................ Total ................. 10 All Project Types. 

5 ........................................ Total ................. 5 All Project Types. 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60487

Rating factor Rating

subfactor Points Project type 

Total ........................... ........................... 100 Minimum of 70 Points Required 

* The first number listed indicates the maximum number of points available to current ICDBG grantees under this subfactor. The second number indicates the maximum number of points available to new applicants. 

Rating Factor 1: Capacity of the 

Applicant (30 Points) 

This factor addresses the extent to 

which you have the organizational 

resources necessary to successfully 

implement the proposed activities in 

accordance with your implementation 

schedule. If applicable, past 

performance in administering previous 

ICDBG grants will be taken into 

consideration. You must address the 

existence or availability of these 

resources for the specific type of activity

for which you are applying. You must 

receive a minimum of 15 points under 

this factor for your proposed activity to 

be eligible for funding. Under this 

factor, HUD will not rate any projects 

further that do not receive a minimum 

of 15 points. Please note: If your 

application is funded, you will be 

required to submit an annual status and 

evaluation report which will describe 

the status of completed activities and 

any remaining work to be done (see

section VI.C. Reporting). For this factor, 

the implementation schedule and the 

Logic Model, Form HUD 96010, you 

submit will also be measured against 

actual progress if you are funded. 

(1) (20 points for current ICDBG 

grantees) (30 points for new applicants) 

Managerial, Technical, and 

Administrative Capability.

Your application must include 

documentation demonstrating that you 

possess or can obtain managerial, 

technical, and administrative capability 

necessary to carry out the proposed 

project. Your application must address 

who will administer the project and 

how you plan to handle the technical 

aspects of executing it in accordance 

with your implementation schedule. 

(a) (10 points) Managerial and 

Technical Staff.

The extent to which your application 

describes the roles and responsibilities 

and the knowledge and experience of 

your overall proposed project director 

and staff, including the day-to-day 

program manager, consultants, and 

contractors in planning, managing, and 

implementing projects in accordance 

with the implementation schedule for 

which funding is being requested. 

Experience will be judged in terms of 

recent, relevant, and successful 

experience of your staff to undertake 

eligible program activities. In rating this 

factor, HUD will consider experience 

within the last 5 years to be recent; 

experience pertaining to the specific 

activities being proposed to be relevant; 

and experience producing specific 

accomplishments to be successful. The 

more recent the experience and the 

more experience your own staff 

members who work on the project have 

in successfully conducting and 

completing similar activities, the greater 

the number of points you will receive 

for this rating factor. 

(10 Points). The applicant has 

adequately described the roles and 

responsibilities and the knowledge and 

experience of its overall project director 

and staff, including the day-to-day 

program manager, consultants, and 

contractors in planning, managing, and 

implementing projects for which 

funding is being requested. Staff 

experience as described in the 

application is recent (within 5 years), 

relevant (pertains to the specific 

activities being proposed) and 

successful (has produced specific 

accomplishments). 

(5 Points). The applicant has 

adequately described the roles and 

responsibilities and the knowledge and 

experience of its overall project director 

and staff, including the day-to-day 

program manager, consultants, and 

contractors in planning, managing and 

implementing projects for which 

funding is being requested. However, 

one of the following applies: staff 

experience as described in the 

application is not recent (not within 5 

years), is not relevant (does not pertain 

to the specific activities being 

proposed), or is not successful (did not 

produce specific accomplishments). 

(0 Points). The applicant has not 

adequately described the roles and 

responsibilities and the knowledge and 

experience of its overall project director 

and staff, including the day-to-day 

program manager, consultants, and 

contractors in planning, managing, and 

implementing projects for which 

funding is being requested or more than 

one of the following applies: staff 

experience as described in the 

application is not recent (not within 5 

years), is not relevant (does not pertain 

to the specific activity being proposed), 

or is not successful (did not produce 

specific accomplishments). 

(b) (5 points for current ICDBG 

grantees) (7 points for new applicants) 

Project Implementation Plan and 

Program Evaluation.

The extent to which your project 

implementation plan identifies the 

specific tasks and timelines that you 

and your partner contractors and 

subgrantees will undertake to complete 

your proposed project on time and 

within budget. The Project 

Implementation Schedule, Form HUD–

4125, may serve as the required 

schedule, provided that it is sufficiently 

detailed to demonstrate that you have 

clearly thought out your project 

implementation. 

The extent to which your project 

identifies, measures, and evaluates the 

specific benchmarks, outputs, outcomes, 

and goals of your project that enhance 

community viability. The Logic Model, 

Form HUD–96010, may serve as the 

format to address this information. 

(5 points for current ICDBG grantees) 

(7 points for new applicants). The 

applicant submitted a project 

implementation plan that clearly 

specifies project tasks and timelines. 

The documentation identifies the steps 

in place to make adjustments to the 

work plan if tasks are not completed 

within established time frames. The 

applicant submitted clear project 

benchmarks, outputs, outcomes, and 

targets and identified objectively 

quantifiable program measures and 

evaluation processes. 

(3 points for current ICDBG grantees) 

(4 points for new applicants). The 

applicant submitted a project 

implementation plan that specifies 

project tasks and timelines. The 

applicant submitted project 

benchmarks, outputs, outcomes, and 

targets for each, but did not clearly 

identify objectively quantifiable 

program measures and evaluation 

processes. 

(0 points for current ICDBG grantees 

or new applicants). The applicant 

submitted a project implementation 

schedule that does not address all 

project tasks and timelines associated 

with the project. Project benchmarks, 

outputs, outcomes, and goals were not 

submitted, or if submitted, did not 

address either the quantifiable program 

measures and the evaluation process. 

(c) (3 points for current ICDBG 

grantees) (8 points for new applicants) 

Financial Management.

60488 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

This subfactor evaluates the extent to 

which your application describes how 

your financial management systems will 

facilitate effective fiscal control over 

your proposed project and meet the 

requirements of 24 CFR part 85 and 24 

CFR part 1003. You must also describe 

how you will apply your financial 

management systems to the specific 

project for which you are applying. The 

application must include a tribal 

resolution or other written document 

signed by the appropriate entity 

according to tribal practices that adopts 

your financial management and internal 

control policies and procedures. The 

application will also be rated on the 

seriousness and significance of the 

findings related to your financial 

management system identified in your 

current audit. If you are required to have 

an audit but do not have a current audit, 

you must submit a letter from your 

Independent Public Accountant that is 

dated within the past 12 months stating 

that your financial management system 

complies with all applicable regulatory 

requirements. If you are not required to 

have an audit, you will automatically 

receive points for this portion of the 

subfactor. For purposes of this 

subfactor, a current audit is one which 

has been submitted to the Federal Audit 

Clearinghouse within 9 months of the 

end of the applicant’s last fiscal year, or 

30 days after receipt of the audit report 

from the auditor, whichever comes first. 

(3 points for current ICDBG grantees) 

(8 points for new applicants). The 

applicant clearly described how it will 

apply its financial management systems 

to the proposed project. A tribal 

resolution or other written document 

signed by the appropriate entity 

according to tribal practices adopting 

financial management or internal 

control policies and procedures were 

included with the application. The 

applicant’s current audit does not 

contain any serious or significant 

findings related to its financial 

management system, or if there is no 

current audit, the applicant submitted a 

letter from its Independent Public 

Accountant stating that its financial 

management system complies with all 

applicable regulatory requirements. 

(2 points for current ICDBG grantees) 

(4 points for new applicants). The 

applicant’s current audit does not 

contain any serious or significant 

findings related to its financial 

management system, or if there is no 

current audit, the applicant submitted a 

letter from its Independent Public 

Accountant stating that its financial 

management system complies with all 

applicable regulatory requirements. The 

applicant did not describe how it would 

apply its financial management systems 

to the proposed project, or it did not 

submit a tribal resolution or other 

written document adopting financial 

management or internal control policies 

and procedures. For purposes of this 

subfactor, a current audit is one which 

has been submitted to the Federal Audit 

Clearinghouse within 9 months of the 

end of the applicant’s last fiscal year, or 

30 days after receipt of the audit report 

from the auditor, whichever comes first.

(1 point for current ICDBG grantees) 

(2 points for new applicants). The 

applicant’s current audit does not 

contain any serious or significant 

findings related to its financial 

management system, or if there is no 

current audit, the applicant submitted a 

letter from its Independent Public 

Accountant stating that its financial 

management system complies with all 

applicable regulatory requirements. The 

applicant did not describe how it would 

apply its financial management systems 

to the proposed project, and it did not 

submit a tribal resolution or other 

written document adopting financial 

management or internal control policies 

and procedures. 

(0 points for current ICDBG grantees 

or new applicants). The applicant’s 

current audit included serious or 

significant findings related to its 

financial management systems or if 

there is no current audit, the applicant 

did not submit a letter from its 

Independent Public Accountant stating 

its financial management systems 

comply with all regulatory 

requirements. No tribal resolution or 

other written document adopting 

financial management or internal 

control policies and procedures were 

submitted with the application, and the 

applicant did not describe how it would 

apply its financial management systems 

to the proposed project. 

(d) (2 points for current ICDBG 

grantees) (5 points for new applicants) 

Procurement and Contract Management. 

This subfactor evaluates the extent to 

which your application describes how 

your procurement and contract 

management policies and procedures 

will facilitate effective procurement and 

contract control over your proposed 

project and meet the requirements of 24 

CFR part 85 and 24 CFR part 1003. You 

must also describe how you will apply 

your procurement and contract 

management systems to the specific 

project for which you are applying. The 

application must include a tribal 

resolution or other written document 

signed by the appropriate entity 

according to tribal practices that adopts 

your procurement and contract 

management policies and procedures. 

The application will also be rated on the 

seriousness of the findings related to 

procurement and contract management 

identified in your current financial 

audit. If you are required to have an 

audit but do not have a current audit, 

you must submit a letter from your 

Independent Public Accountant stating 

that your procurement and contract 

management system complies with all 

applicable regulatory requirements. If 

you are not required to have an audit, 

you will automatically receive points for 

this portion of the subfactor. 

(2 points for current ICDBG grantees) 

(5 points for new applicants). The 

applicant clearly described how its 

procurement and contract management 

policies and procedures will facilitate 

effective procurement and contract 

control over the proposed project, and 

meet the requirements of 24 CFR part 85 

and 24 CFR part 1003. A tribal 

resolution or other written document 

signed by the appropriate entity 

according to tribal practices adopting 

procurement and contract management 

policies and procedures were included 

with the application. The applicant’s 

current audit does not contain any 

serious or significant findings related to 

its procurement and contract 

management system, or if there is no 

current audit, the applicant submitted a 

letter from its Independent Public 

Accountant stating that its procurement 

and contract management system 

complies with all applicable regulatory 

requirements. 

(1 point for current ICDBG grantees) 

(4 points for new applicants). The 

applicant’s current audit does not 

contain any serious or significant 

findings related to its procurement or 

contract management system, or if there 

is no current audit, the applicant 

submitted a letter from its Independent 

Public Accountant stating that its 

procurement and contract management 

system complies with all applicable 

regulatory requirements. The applicant 

did not describe how it would apply its 

procurement and contract management 

systems to the proposed project, or it 

did not submit a tribal resolution or 

other written document adopting 

procurement and contract management 

policies and procedures. 

(0 points for current ICDBG grantees 

or new applicants). The applicant’s 

current audit included serious or 

significant findings related to its 

procurement and contract management 

systems or if there is no current audit, 

it did not submit a letter from its 

Independent Public Accountant stating 

its procurement and contract 

management systems comply with all 

regulatory requirements. No tribal 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60489

resolution or other written document 

adopting procurement or contract 

management policies and procedures 

were submitted with the application, 

and the applicant did not describe how 

it would apply its procurement and 

contract management systems to the 

proposed project. 

(2) (10 points for current ICDBG 

grantees) (0 points for new applicants) 

Past Performance. 

HUD will evaluate your experience in 

producing timely products and reports 

in any previous grant programs 

undertaken with HUD funds for the 

following performance measures. HUD 

reserves the right to take into account 

your past performance in meeting 

performance and reporting goals on any 

previous HUD awards. 

(a) (2 points for current ICDBG 

grantees) (0 points for new applicants). 

You have had satisfactory progress in 

meeting the timeframes established in 

the HUD-approved Implementation 

Schedule for the ICDBG Program. 

(2 points). The applicant has made 

satisfactory progress in meeting the 

timeframes established in the 

implementation schedule, or was 

behind schedule, but has an approved 

revised implementation schedule that 

was submitted prior to application 

deadline. 

(0 points). The applicant has not 

made satisfactory progress meeting 

timeframes in the most recently 

approved implementation schedule. 

(b) (2 points for current ICDBG 

grantees) (0 points for new applicants). 

(2 points). The applicant has 

submitted both the Annual Status and 

Evaluation Reports and Federal Cash 

Transaction Reports for ICDBG 

programs in a timely manner. 

(1 point). The applicant has submitted 

either the Federal Cash Transaction 

Reports or the Annual Status and 

Evaluation Reports for ICDBG programs 

in a timely manner. 

(0 points). The applicant has not 

submitted either of the required reports 

in a timely manner. 

(c) (2 points for current ICDBG 

grantees) (0 points for new applicants). 

You have submitted close-out 

documents to HUD in a timely manner. 

Close-out documents are required for 

the ICDBG Program within 90 days of 

the date it is determined that the criteria 

for close-out at 24 CFR 1003.508 have 

been met. 

(2 points). The applicant submitted 

close-out documents to HUD in 

accordance with the timeframe and 

criteria at § 1003.508. 

(0 points). The applicant has not 

submitted close-out documents to HUD 

as required by § 1003.508. 

(d) (2 points for current ICDBG 

grantees) (0 points for new applicants). 

You have submitted annual audits in a 

timely fashion in accordance with the 

ICDBG requirements and OMB Circular 

A–133 and its compliance supplements. 

(2 points). The applicant has 

submitted annual audits in accordance 

with ICDBG requirements and OMB 

Circular A–133 and its compliance 

supplements, or if the applicant has not 

been required to submit an audit, it will 

receive 2 points.

(0 points). The applicant has not 

submitted annual audits in accordance 

with ICDBG requirements and OMB 

Circular A–133 and its compliance 

supplements. 

(e) (2 points for current ICDBG 

grantees) (0 points for new applicants). 

You have resolved in a timely manner 

ICDBG monitoring findings and 

controlled audit findings or there are no 

findings in current reports. 

(2 points). The applicant resolved 

open ICDBG monitoring findings and 

controlled audit findings in a timely 

manner. If there were no open audit or 

ICDBG monitoring findings (current 

grantees only), the applicant will 

receive 2 points. 

(0 points). The applicant has not 

resolved open ICDBG monitoring 

findings and controlled audit findings 

in a timely manner. 

Rating Factor 2: Need/Extent of the 

Problem (20 points) 

This factor addresses the extent to 

which there is a need for the proposed 

project to address a documented 

problem among the intended 

beneficiaries. 

(1) (up to 5 points). Your application 

includes quantitative documentation 

demonstrating that the proposed project 

meets an essential community 

development need by providing 

outcomes that are critical to the viability 

of the community. 

(2) (15 points). Your project benefits 

the neediest segment of the population, 

in accordance with the ICDBG 

program’s primary objective defined at 

24 CFR 1003.2. The criteria for this 

subfactor vary according to the type of 

project for which you are applying. 

Please note that you may submit data 

that are unpublished and not generally 

available in order to meet the 

requirements of this section. However, 

to do so, you must submit a 

demographic data statement along with 

supporting documentation as described 

in section IV.B.2.a. For documenting 

persons employed by the project, you do 

not need to submit a demographic data 

statement and corresponding 

documentation. However, you do need 

to submit information that describes the 

nature of the jobs created or retained. 

Such information includes but is not 

limited to proposed job descriptions, 

salaries, and the number of full-time 

equivalent positions. If you believe jobs 

will be retained as a result of the ICDBG 

project, include information that show 

clearly and objectively, that jobs will be 

lost without the ICDBG project. Jobs that 

are retained only for the period of the 

grant will not count under this rating 

factor. 

(a) Public Facilities and 

Improvements and Economic 

Development Projects. The proposed 

activities benefit the neediest segment of 

the population, as identified below. For 

economic development projects, you 

may consider beneficiaries of the project 

as persons served by the project and 

persons employed by the project, and 

jobs created or retained by the project. 

(15 points). 85 percent or more of the 

beneficiaries are low-or moderateincome. 

(10 points). At least 75 percent but 

less than 85 percent of the beneficiaries 

are low-or moderate-income. 

(5 points). At least 55 percent but less 

than 75 percent of the beneficiaries are 

low-or moderate-income. 

(0 points) Less than 55 percent of the 

beneficiaries are low-or moderateincome. 

(b) New Housing Construction, 

Housing Rehabilitation, Land 

Acquisition to Support New Housing, 

and Homeownership Assistance 

Projects. The need for the proposed 

project is determined by utilizing data 

from the tribe’s 2004 IHBG formula 

information. The ratio is based on the 

dollars allocated to a tribe under the 

IHBG Program for need divided by the 

sum of the number of AIAN households 

in the following categories:

— Annual income less than 30 percent 

of median income; 

— Annual income between 30 percent 

and 50 percent of median income; 

— Annual income between 50 percent 

and 80 percent of median income; 

— Overcrowded or without kitchen or 

plumbing; 

— Housing cost burden greater than 50 

percent of annual income; 

— Housing shortage (Number of lowincome AIAN households less total 

number of NAHASDA and Formula 

Current Assisted Stock).

This ratio is computed for each tribe 

and contained in appendix A of this 

NOFA. 

(15 points). The dollar amount for the 

Indian tribe is $390 to $699 or the tribe’s 

total FY2004 IHBG amount was 

$100,000 or less and appendix A of this 

60490 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

NOFA does not indicate that the Indian 

tribe has no AIAN households 

experiencing income or housing 

problems. 

(10 points). The dollar amount for the 

Indian tribe is $700 to $1,199. 

(5 points). The dollar amount for the 

Indian tribe is $1,200 to $1,999. 

(0 points). The dollar amount for the 

Indian tribe is $2,000 or higher, or 

appendix A of this NOFA indicates that 

the Indian tribe has no AIAN 

households experiencing income or 

housing problems. 

(c) Microenterprise Programs.

A microenterprise is a business that 

has five or fewer employees, one or 

more of whom owns the enterprise. The 

owner(s) of the microenterprise must be 

low-or moderate-income and the 

majority of the jobs created or retained 

will be for low-or moderate-income 

persons. To evaluate need, the nature of 

the jobs created or retained will be 

evaluated. The owners of the 

microenterprises are low- and moderateincome and: 

(15 points). All employees are low-or 

moderate-income. 

(10 points). At least 75 percent but 

less than 100 percent of the employees 

are low-or moderate-income. 

(5 points). At least 50 percent but less 

than 75 percent of the employees are 

low-or moderate-income. 

(0 points). Less than 50 percent of the 

employees are low- and moderateincome. 

Rating Factor 3: Soundness of Approach 

(35 Points) 

This factor addresses the quality and 

anticipated effectiveness of your 

proposed project’s outcomes in 

enhancing community viability and in 

meeting the needs you have identified 

in Rating Factor 2, as well as the 

commitment to sustain your proposed 

project. The populations that were 

described in demographics that 

documented need should be the same 

populations that will receive the 

primary benefit of the proposed project. 

(1) (14 points). Description of and 

Rationale for Proposed Project. 

(14 points). The proposed project is a 

viable and cost-effective approach to 

address the needs outlined under Rating 

Factor 2 of your application. The 

proposed project is described in detail 

and indicates why you believe the 

proposed project will be most effective 

in addressing the identified need. The 

proposed outcomes for the project 

clearly describe how the community’s 

viability will be enhanced, including 

selection of measures listed in Rating 

Factor 5. The application includes a 

description of the size, type, and 

location of the project and a rationale 

for project design. The application must 

also include anticipated cost savings 

due to innovative program design and 

construction methods. For land 

acquisition to support new housing 

projects, you must establish that there is 

a reasonable ratio between the number 

of net usable acres to be acquired and 

the number of low- and moderateincome households to benefit from the 

project. 

(9 points). The proposed project is a 

viable and cost-effective approach to 

address the needs outlined under Rating 

Factor 2 of the application. The project 

is described in detail and indicates why 

you believe the project will be most 

effective in addressing the identified 

need. Proposed outcomes that will 

enhance the community’s viability are 

included. The application includes a 

description of the size, type and 

location of the project as well as a 

rationale for project design. For land 

acquisition to support new housing 

projects, the applicant has established 

that there is a reasonable ratio between 

the number of net usable acres to be 

acquired and the number of low- and 

moderate-income households to benefit 

from this project. 

(5 points). The proposed project is a 

viable and cost-effective approach to 

address the needs outlined under Rating 

Factor 2 of the application. The project 

is described and indicates why you 

believe it will be most effective in 

addressing the identified need. 

Proposed outcomes are included but do 

not describe how the project will 

enhance community viability. The 

application includes a description of the 

size, type, and location of the project. 

For land acquisition to support new 

housing projects, the applicant has 

established that there is a reasonable 

ratio between the number of net usable 

acres to be acquired and the number of 

low- and moderate-income households 

to benefit from the project. 

(0 points). The proposed project is not 

a viable and cost-effective approach to 

address the needs outlined under Rating 

Factor 2 of the application. The 

proposed project is not described in 

detail with an indication of why the 

applicant believes the project will be 

most effective in addressing the 

identified need. Proposed outcomes 

describing how the project will enhance 

community viability are not included. 

For land acquisition to support new 

housing projects, the applicant has not 

established that there is a reasonable 

ratio between the number of net usable 

acres to be acquired and the number of 

low- and moderate-income households 

to benefit from the project. 

(2) (5 points). Budget and Cost 

Estimates.

The quality, thoroughness, and 

reasonableness of the proposed project 

budget are documented. Cost estimates 

must be broken down by line item for 

each proposed activity, including 

planning and administration costs, and 

documented. You must submit 

documentation listing the qualifications 

of the person who prepared the cost 

estimate. 

(3) (1 point). HUD Policy Priorities. 

Your application addresses the goals 

for ‘‘Improving Our Nation’s 

Communities,’’ one of HUD’s 2004 

Policy Priorities, as described in section 

V.B.12.b. of the NOFA. 

(4) (15 points). Commitment to 

Sustain Activities. 

Your application demonstrates your 

commitment to your community’s 

viability by sustaining your proposed 

activities. The information provided is 

sufficient to determine that the project 

will proceed effectively. 

The criteria for this subfactor vary 

according to the type of project for 

which you are applying. 

(a) Public Facilities and Improvement 

Projects. 

(15 points). If a tribe assumes 

operation and maintenance 

responsibilities for the public facilities 

and improvements, a tribal resolution is 

included in the application that adopts 

the operation and maintenance plan and 

commits the necessary funds to provide 

for these responsibilities. In addition, 

the operation and maintenance plan is 

included in the application and 

addresses maintenance, repairs, 

insurance, and replacement reserves 

and includes a cost breakdown for 

annual expenses. If an entity other than 

the tribe commits to pay for operation 

and maintenance for the public 

facilities, a letter of commitment from 

the entity is included in the application 

that identifies the maintenance 

responsibilities and, if applicable, 

responsibilities for operations the entity 

will assume as well as necessary funds 

to provide for those responsibilities. 

Submission of the operation and 

maintenance plan is not required when 

an entity other than the tribe assumes 

operation and maintenance 

responsibilities. For public facility 

buildings only, a tribal resolution or 

letter of commitment is included in the 

application that identifies the source of, 

and commits the necessary amount of, 

operating funds for any recreation, 

social, or other services to be provided. 

In addition, letters of commitment from 

service providers are included that 

address both operating expenses and 

space needs. 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60491

(10 points). If a tribe assumes 

operation and maintenance 

responsibilities for the public facilities 

and improvements, a tribal resolution is 

included in the application that adopts 

the operation and maintenance plan and 

commits the necessary funds to provide 

for these responsibilities. In addition, 

the operation and maintenance plan is 

included in the application and 

addresses most of the above items 

(maintenance, repairs, insurance, and 

replacement reserves) but does not 

include a satisfactory cost breakdown 

for annual expenses. If an entity other 

than the tribe commits to pay for 

operation and maintenance for the 

public facilities and maintenance, a 

letter of commitment from the entity is 

included in the application. The letter 

identifies the maintenance 

responsibilities and, if applicable, 

responsibilities for operations the entity 

will assume, but does not include 

information committing the necessary 

funds to provide for those 

responsibilities. Submission of the 

operation and maintenance plan is not 

required when an entity other than the 

tribe assumes operation and 

maintenance responsibilities. For public 

facility buildings only, a tribal 

resolution or letter of commitment is 

included in the application that 

identifies the source of, and commits 

the necessary amount of, operating 

funds for any recreation, social, or other 

services to be provided. In addition, 

letters of commitment from service 

providers are included that address both 

operating expenses and space needs. 

Information provided is sufficient to 

determine that the project will proceed 

effectively. 

(5 points). If a tribe assumes operation 

and maintenance responsibilities for the 

public facilities and improvements, a 

tribal resolution is included in the 

application that adopts the operation 

and maintenance plan and commits the 

necessary funds to provide for those 

responsibilities, or the operation and 

maintenance plan is included in the 

application and addresses most of the 

above items (maintenance, repairs, 

insurance, and replacement reserves). If 

an entity other than the tribe commits 

to pay for operation and maintenance 

for the public facilities and 

maintenance, the maintenance provider 

is identified and, if applicable, details 

the responsibilities for operations the 

entity will assume; however, no letter of 

commitment is included. For public 

facility buildings only, no tribal 

resolution or letter of commitment is 

included in the application that 

identifies the source of, and commits 

the necessary amount of, operating 

funds for any recreation, social, or other 

services to be provided. However, letters 

of commitment to provide services are 

included but do not address operating 

expenses and space needs. Information 

provided is sufficient to determine that 

the project will proceed effectively. 

(0 points). None of the above criteria 

is met. 

(b) New Housing Construction, 

Housing Rehabilitation, and 

Homeownership Assistance Projects.

(15 points). The ongoing maintenance 

responsibilities are clearly identified for 

the tribe and the participants, as 

applicable. Any participant 

maintenance responsibilities are 

included on a statement to be signed by 

the participant as a condition of 

receiving grant assistance. In addition, 

the statement to be used is included in 

the application. If the tribe or another 

entity is assuming maintenance 

responsibilities, then the applicant must 

submit either a tribal resolution or letter 

of commitment to that effect. 

(10 points). Maintenance 

responsibilities are identified, but 

lacking in detail, and the above 

statement (if applicable) to be signed by 

the participant, or the tribal resolution 

or letter of commitment regarding 

maintenance responsibilities is 

submitted. 

(5 points). Tribal maintenance 

responsibilities are identified but 

participant responsibilities are either 

not addressed or do not exist, or there 

is no tribal resolution or letter of 

commitment or statement signed by the 

participant. 

(0 points). None of the above criteria 

is met. 

(c) Economic Development Projects.

You must include information or 

documentation that addresses or 

provides all of the following in the 

application: a description of the 

organizational system and capacity of 

the entity that will operate the business; 

documents which show that formal 

provisions exist for separation of 

government functions from business 

operating decisions, an operating plan 

for the project, the feasibility and 

market analysis of the proposed 

business activity, and the financial 

viability of the project. 

Appropriate documents to include in 

the application to address these items 

include: 

(i) Articles of incorporation, by-laws, 

and resumes of key management 

positions and board members for the 

entity that will operate the business. 

(ii) Business operating plan. 

(iii) Market study no more than two 

years old and which has been 

conducted by an independent entity. 

(iv) Feasibility study no more than 

two years old which indicates how the 

proposed business will capture a fair 

share of the market, and which has been 

conducted by an independent entity.

(v) Detailed cost summary for the 

development of the project. 

(vi) Five-year operating or cash flow 

financial projections. 

(vii) For the expansion of an existing 

business, copies of financial statements 

for the most recent three years (or the 

life of the business, if less than three 

years). 

The submitted documentation will be 

evaluated to determine the project’s 

financial chance for success. The 

following information must be 

addressed to meet this requirement: 

(i) Does the business plan seem 

thorough and does the organizational 

structure have quality control and 

responsibilities built in? 

(ii) Does the business plan or market 

analysis indicate that a substantial 

market share is likely within five years? 

(iii) Do the costs appear to be 

reasonable given projected income and 

information about inputs? 

(iv) Does the business plan or cash 

flow analysis indicate that cash flow 

will be positive within the first year? 

(v) Is the financial statement clean 

with no indications of concern by the 

auditor? 

(15 points). All above documents 

applicable to the proposed project are 

included in your application and 

provide evidence that the project’s 

chance for financial success is excellent. 

(8 points). All or most of the above 

documents applicable to the proposed 

project are included and provide 

evidence that the project’s chance for 

financial success is reasonable. 

(0 points). Neither of the above 

criteria is met. 

(d) Microenterprise Programs.

You must include the following 

information or documentation in the 

application that addresses or provides a 

description of how your microenterprise 

program will operate. Appropriate 

information to include in the 

application to address program 

operations includes: 

(i) Program description. A description 

of your microenterprise program 

including the types of assistance offered 

to microenterprise applicants and the 

types of entities eligible to apply for 

such assistance. 

(ii) Processes for selecting applicants. 

A description of your processes for 

analyzing microenterprise applicants’

business plans, market studies, and 

60492 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

financial feasibility. For credit 

programs, you must describe your 

process for determining the loan terms 

(i.e. interest rate, maximum loan 

amount, duration, loan servicing 

provisions) to be offered to individual 

microenterprise applicants. 

(15 points). All of the above 

information or documentation 

applicable to the proposed project are 

thoroughly addressed in the application 

and the chances for success are 

excellent. 

(8 points). All or most of the above 

information or documentation 

applicable to the proposed project are 

addressed in the application and the 

chances for success are reasonable. 

(0 points). Neither of the above 

criteria is met. 

(e) Land Acquisition Projects to 

Support New Housing.

Submissions must include the results 

of a preliminary investigation 

conducted by a qualified independent 

entity demonstrating that the proposed 

site has suitable soil conditions for 

housing and related infrastructure, has 

potable drinking water accessible for a 

reasonable cost, has access to utilities, 

vehicular access, drainage, nearby social 

and community services, and has no 

known environmental problems. 

(15 points). The submissions include 

all of the above-mentioned items and all 

necessary infrastructure is in place. 

(8 points). The submissions 

demonstrate that the proposed site(s) is/

are suitable for housing but that not all 

necessary infrastructure is in place. A 

detailed description of resources to be 

used and a detailed implementation 

schedule for development of all 

necessary infrastructure demonstrates 

that such infrastructure, as needed for 

proposed housing development, will be 

developed in time for such 

development, but no later than two 

years after site purchase. 

(0 points) Neither of the above criteria 

is met. 

Rating Factor 4: Leveraging Resources 

(10 Points) 

HUD believes that ICDBG funds can 

be used more effectively to benefit a 

larger number of Native American and 

Alaska Native persons and communities 

if projects are developed that use tribal 

resources and resources from other 

entities in conjunction with ICDBG 

funds. To encourage this, we will award 

points based on the percentage of nonICDBG resources provided relative to 

project costs as follows:

Non-ICDBG resources to 

project costs Points 

Less than 5 percent .................. 0 

Non-ICDBG resources to 

project costs Points 

At least 5 percent but less than 

10 percent ............................. 2 

At least 10 percent but less 

than 15 percent ..................... 4 

At least 15 percent but less 

than 20 percent ..................... 6 

At least 20 percent but less 

than 25 percent ..................... 8 

25 percent or more ................... 10 

Contributions that could be 

considered as leveraged resources for 

point award include, but are not limited 

to: tribal trust funds; loans from 

individuals, organizations, private 

foundations or businesses; State or 

Federal loans or guarantees; other grants 

including IHBG (also known as NAHBG) 

funds; donated goods and services 

needed for the project; land needed for 

the project; and direct administrative 

costs. With the exception of land 

acquisition, funds that have been 

expended on the project prior to 

application submission will not be 

counted as leverage. Applicants are 

reminded that environmental review 

requirements under 24 CFR part 58 

apply to the commitment or use of both 

ICDBG and non-ICDBG funds in a 

leveraged project. See section VI.B.a. for 

information related to this requirement. 

Contributions that will not be 

considered include, but are not limited 

to: indirect administrative costs as 

identified in OMB Circular A–87, 

attachment A, section F; contributions 

of resources to pay for anticipated 

operations and maintenance costs of the 

proposed project; and, in the cases of 

expansions to existing facilities, the 

value of the existing facility. 

To be considered for point award, 

letters of firm or projected 

commitments, memoranda of 

understanding, or agreements to 

participate from any entity, including 

the tribe, which will be providing a 

contribution to the project, must 

accompany the application. 

To demonstrate the commitment of 

tribal resources, the application must 

contain a council resolution or legal 

equivalent that identifies and commits 

the tribal resources to the project, 

subject to approval of the ICDBG 

assistance. In the case of IHBG funds, 

whether the tribe or a TDHE administers 

them, an approved IHP must identify 

and commit the IHBG resources to the 

project. If the tribe/TDHE intends to 

include the leveraged commitment in a 

future IHP, the application must contain 

a council resolution or legal equivalent 

that identifies and commits the IHBG 

resources to the project subject to the 

same requirements as above. 

To demonstrate the commitment of 

public agency, foundation, or other 

private party resources, a letter of 

commitment, memorandum of 

understanding, and agreement to 

participate, including any conditions to 

which the contribution may be subject, 

must be submitted with the application. 

All letters of commitment must include 

the donor organization’s name, the 

specific resource proposed, the dollar 

amount of the financial or in-kind 

resource and method for valuation, and 

the purpose of that resource within the 

proposed project. An official of the 

organization legally authorized to make 

commitments on behalf of the 

organization must sign the commitment. 

HUD recognizes that in some cases, 

firm commitments of non-tribal 

resources may not be obtainable by your 

tribe by the application due date. For 

such projected resources, your 

application must include a statement 

from the contributing entity that 

describes why the firm commitment 

cannot be made at the current time and 

affirms that your tribe and the proposed 

project meets eligibility criteria for 

receiving the resource. In addition, a 

date by which the funding decisions 

will be made must be included. This 

date cannot be more than six months 

from the anticipated date of grant 

approval notification by HUD. Should 

HUD not receive notification of the firm 

commitment within 6 months of the 

date of grant approval, HUD will 

recapture the grant funds approved and 

will use them in accordance with the 

requirement of 24 CFR 1003.102. 

In addition to the above requirements, 

for all contributions of goods, services 

and land, you must demonstrate that the 

donated items are necessary to the 

actual development of the project and 

include comparable costs (or time 

estimates, if appropriate) that support 

the donation. Land valuation must be 

established using one of the following 

methods and the documentation must 

be contained in the application: a sitespecific appraisal no more than two 

years old; an appraisal of a nearby 

comparable site also no more than two 

years old; a reasonable extrapolation of 

land value based on current area realtor 

value guides; or, a reasonable 

extrapolation of land value based on 

recent sales of similar properties in the 

same area. 

Rating Factor 5: Comprehensiveness 

and Coordination (5 Points) 

This factor addresses the extent to 

which your project planning and 

proposed implementation reflect a 

coordinated, community-based process 

of identifying and addressing needs 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60493

including assisting beneficiaries and the 

program to achieve self-sufficiency and 

sustainability. Please note that the Logic 

Model, HUD Form 96010, is not 

required for Rating Factor 5 under the 

ICDBG Program. However, applicants 

may use this form to address program 

evaluation requirements under Rating 

Factor 1(1)b. of this NOFA, and 

measurable outputs and outcomes in 

section (2) of this factor. 

(1) (Up to 2 points). The application 

addresses the extent to which you have 

coordinated your proposed ICDBG 

activities with other organizations and 

tribal departments that are not directly 

participating in your proposed work 

activities (not project partners such as 

those listed under Rating Factor 4: 

Leveraging), but with which you share 

common goals and objectives and are 

working toward meeting these 

objectives in a holistic and 

comprehensive manner. For example, 

your project is consistent with and, to 

the extent possible, identified in the IHP 

(One-Year Financial Resources 

Narrative; Table 2, Financial Resources, 

part I, Line 1E; and Table 2, Financial 

Resources, part II) submitted by you or 

on your behalf for the IHBG Program. If 

the IHP for the IHBG program year that 

coincides with the implementation of 

the ICDBG-proposed project has not 

been submitted, you must provide an 

assurance that when submitted, the IHP 

will specifically reference the proposed 

project.

(2) (Up to 3 points). Your proposed 

project will have measurable outputs 

and outcomes that will enhance 

community viability. 

Outputs must include, where 

applicable: 

• Number of houses rehabilitated; 

• Number of jobs created or obtained; 

• Square feet for any public facility; 

• Number of education or job training 

opportunities provided; 

• Number of homeownership units 

constructed or financed; 

• Number of businesses assisted 

(including number that are minority or 

Native American); 

• Number of families proposed to be 

assisted with a drug-elimination 

program, or with a program to reduce or 

eliminate health-related hazards. 

Outcomes must include, where 

appropriate: 

• Reduction in the number of families 

living in substandard housing; 

• Increased income resulting from 

employment generated by project; 

• Increased quality of life due to 

services provided by the public facility; 

• Increased economic self-sufficiency 

of recipients of program beneficiaries; 

• Increase in homeownership rates; 

• Reduction of drug-related crime or 

health-related hazards. 

B. Reviews and Selection Process:

1. Application Selection Process. You 

must meet all of the applicable 

threshold requirements listed in section 

IV.E.3. and 4. Your application must 

meet all screening for acceptance 

requirements and all identified 

applicant and project-specific 

thresholds. HUD will review each 

application and assign points in 

accordance with the selection factors 

described in this section. 

2. Threshold Compliance. The Area 

ONAP will review each application that 

passes the screening process to ensure 

that each applicant and each proposed 

project meets the applicant threshold 

requirements set forth in 24 CFR 

1003.301(a) and the project-specific 

threshold requirements set forth in 24 

CFR 1003.302 and section IV.E.3 and 4 

of this NOFA. 

3. Past Performance. An applicant’s 

past performance is evaluated under 

Rating Factor 1, Capacity of the 

Applicant. Applicants are encouraged to 

address all performance-related criteria 

prior to submission of an application. In 

order to meet the minimum point 

requirements outlined in this NOFA, an 

applicant must score a minimum of 15 

points under Rating Factor 1. 

4. Rating Panels. The Area ONAP 

office for your jurisdiction, as listed in 

section IV.F.3., will rate applications. 

Rating panels may be used only for the 

summary review, after the application is 

rated, as discussed in section V.B.5. 

below. 

5. Rating. The Area ONAP will review 

and rate each project that meets the 

acceptance criteria and threshold 

requirements. After the applications are 

rated, a summary review of all 

applications will be conducted to 

ensure consistency in the application 

rating. The summary review will be 

performed by either the Grants 

Management Director (or designee) or by 

a panel composed of up to three staff 

members. 

The total points for all rating factors 

are 100. A maximum of 100 points may 

be awarded under Rating Factors 1 

through 5. 

6. Minimum Points. To be considered 

for funding, your application must 

receive a minimum of 15 points under 

Rating Factor 1 and an application score 

of 70 out of the possible total of 100. 

7. Ranking. All projects will be 

ranked against each other according to 

the point totals they receive, regardless 

of the type of project or component 

under which the points were awarded. 

Projects will be selected for funding 

based on the final ranking to the extent 

that funds are available. The Area 

ONAP will determine individual grant 

amounts in a manner consistent with 

the considerations set forth in 24 CFR 

1003.100(b)(2). Specifically, the Area 

ONAP may approve a grant amount less 

than the amount requested. In doing so, 

the Area ONAP may take into account 

the size of the applicant, the level of 

demand, the scale of the activity 

proposed relative to need and 

operational capacity, the number of 

persons to be served, the amount of 

funds required to achieve project 

objectives, and the reasonableness of the 

project costs. If the Area ONAP 

determines that there are not enough 

funds available to fund a project as 

proposed by the applicant, it may 

decline to fund that project and may 

fund the next highest-ranking project or 

projects for which adequate funds are 

available. In rank order, the Area ONAP 

may select additional projects for 

funding if one of the higher-ranking 

projects is not funded or if additional 

funds become available. 

8. Tiebreakers. When rating results in 

a tie among projects and insufficient 

resources remain to fund all tied 

projects, the Area ONAP will approve 

projects that can be fully funded over 

those that cannot be fully funded. When 

that does not resolve the tie, the Area 

ONAP will use the following factors in 

the order listed to resolve the tie: 

(a) The applicant that has not received 

an ICDBG over the longest period of 

time. 

(b) The applicant with the fewest 

active ICDBGs. 

(c) The project that would benefit the 

highest percentage of low- and 

moderate-income persons. 

9. Technical Deficiencies and Preaward Requirements.

a. Technical Deficiencies: If there are 

technical deficiencies in successful 

applications, you must satisfactorily 

address these deficiencies before HUD 

can make a grant award. After the 

application due date, HUD may not, 

consistent with its regulations in 24 CFR 

part 4, subpart B, consider any 

unsolicited information you, the 

applicant, may want to provide. HUD 

may contact you to clarify an item in 

your application or to correct technical 

deficiencies. HUD may not seek 

clarification of items or responses that 

improve the substantive quality of your 

response to any rating factors. In order 

to not exclude applications from being 

rated and ranked, HUD may contact 

applicants to ensure proper completion 

of the application and will do so on a 

uniform basis for all applicants. 

Examples of curable (correctable) 

technical deficiencies include failure to 

60494 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

submit the proper certifications or 

failure to submit an application signed 

by an authorized official. In each case, 

HUD will notify applicants by facsimile 

or by USPS, return receipt requested. 

Clarifications or corrections of technical 

deficiencies in accordance with the 

information provided by HUD must be 

submitted within 14 calendar days of 

the date of receipt of the HUD 

notification. (If the due date falls on a 

Saturday, Sunday, or federal holiday, 

your correction must be received by 

HUD on the next day that is not a 

Saturday, Sunday, or federal holiday). If 

the technical deficiency is not corrected 

within this time period, HUD will reject 

the application as incomplete and it will 

not be considered for funding. 

b. Pre-award Requirements: Before a 

grant agreement can be executed, 

successful applicants may be required to 

provide supporting documentation 

concerning the management, 

maintenance, operation, or financing of 

proposed projects. Such documentation 

may include additional specifications 

on the scope, magnitude, timing, or 

method of implementing the project, or 

information to verify the commitment of 

other resources required to complete, 

operate, or maintain the proposed 

project. Applicants will be provided 30 

calendar days to respond to these 

requirements. No extensions will be 

provided. If you do not respond within 

the time period or you make an 

insufficient response, the Area ONAP 

will determine that you have not met 

the requirements and will withdraw the 

grant offer. You may not substitute new 

projects for those originally proposed in 

your application and any new 

information will not affect your project’s 

rating and ranking. In accordance with 

the provisions of this NOFA, the Area 

ONAP will award grant amounts that 

had been allocated for applicants unable 

to meet pre-award requirements. 

10. Error and Appeals. Judgments 

made within the provisions of this 

NOFA and the program regulations (24 

CFR part 1003) are not subject to claims 

of error. You may bring arithmetic errors 

in the rating and ranking of applications 

to the attention of the Area ONAPs 

within 30 days of being informed of 

your score. If an arithmetic error was 

made in the application review and 

rating process that, when corrected, 

would result in the award of sufficient 

points to warrant the funding of an 

otherwise approvable project, the Area 

ONAPs may fund that project in the 

next funding round without further 

competition. 

11. HUD’s Strategic Goals.

Implementing HUD’s Strategic 

Framework and Demonstrating Results. 

HUD is committed to ensuring that 

programs result in the achievement of 

HUD’s strategic mission. To support this 

effort, grant applications submitted for 

HUD programs will be rated on how 

well they tie proposed outcomes to 

HUD’s policy priorities and annual 

goals and objectives, and the quality of 

proposed evaluation and monitoring 

plans. HUD’s Strategic Framework 

establishes the following goals and 

objectives for the Department: 

a. Increase homeownership 

opportunities:

(1) Expand national homeownership 

opportunities. 

(2) Increase minority homeownership. 

(3) Make the homebuying process less 

complicated and less expensive. 

(4) Fight practices that permit 

predatory lending. 

(5) Help HUD-assisted renters become 

homeowners. 

(6) Keep existing homeowners from 

losing their homes.

b. Promote decent affordable housing:

(1) Expand access to affordable rental 

housing. 

(2) Improve the physical quality and 

management accountability of public 

and assisted housing. 

(3) Increase housing opportunities for 

the elderly and persons with 

disabilities. 

(4) Help HUD-assisted renters make 

progress toward self-sufficiency. 

c. Strengthen communities:

(1) Improve economic conditions in 

distressed communities. 

(2) Make communities more livable. 

(3) End chronic homelessness. 

(4) Mitigate housing conditions that 

threaten health. 

d. Ensure equal opportunity in 

housing:

(1) Resolve discrimination complaints 

on a timely basis. 

(2) Promote public awareness of Fair 

Housing laws. 

(3) Improve housing accessibility for 

persons with disabilities. 

e. Embrace high standards of ethics, 

management, and accountability:

(1) Rebuild HUD’s human capital and 

further diversify its workforce. 

(2) Improve HUD’s management, 

internal controls and systems, and 

resolve audit issues. 

(3) Improve accountability, service 

delivery, and customer service of HUD 

and our partners. 

(4) Ensure program compliance. 

f. Promote participation of grassroots 

faith-based and other community-based 

organizations:

(1) Reduce regulatory barriers to 

participation by grassroots faith-based 

and other community-based 

organizations. 

(2) Conduct outreach to inform 

potential partners of HUD opportunities. 

(3) Expand technical assistance 

resources deployed to grassroots faithbased and other community-based 

organizations. 

(4) Encourage partnerships between 

grassroots faith-based and other 

community-based organizations and 

HUD’s traditional grantees.

You can find out about HUD’s Strategic 

Framework and Annual Performance 

Plans at http://www.hud.gov/offices/cfo/

reports/cforept.cfm. 

12. HUD Policy Priorities. HUD 

encourages applicants to undertake 

specific activities that will assist the 

Department in implementing its policy 

priorities and which help the 

Department achieve its goals for 

FY2005, when the majority of funding 

recipients will be reporting 

programmatic results and achievements. 

ICDBG applicants that include work 

activities which specifically address 

Policy Priority b (Improving Our 

Nation’s Communities) will receive one 

point for addressing this Priority under 

section V.B 2., Rating Factor 3, 

Soundness of Approach. 

a. Providing Increased 

Homeownership and Rental 

Opportunities for Low- and ModerateIncome Persons, Persons with 

Disabilities, the Elderly, Minorities, and 

Families with Limited English 

Proficiency. Too often, these individuals 

and families are shut out of the housing 

market through no fault of their own. 

Developers of housing, housing 

counseling agencies, and other 

organizations engaged in the housing 

industry often must work aggressively to 

open up the realm of homeownership 

and rental opportunities to low- and 

moderate-income persons, persons with 

disabilities, the elderly, minorities, or 

persons with limited English 

proficiency. Many of these families are 

anxious to have a home of their own but 

are not aware of the programs and 

assistance that is available. Applicants 

are encouraged to address the housing, 

housing counseling, and other related 

supportive services needs of these 

individuals and coordinate their 

proposed activities with funding 

available through HUD’s affordable 

housing programs and home loan 

programs. Proposed activities support 

strategic goals a, b and c.

b. Improving our Nation’s 

Communities. HUD wants to improve 

the quality of life for those living in 

distressed communities. Applicants are 

encouraged to include activities which: 

(1) Bring private capital into 

distressed communities to: 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60495

(a) Finance business investments to 

grow new businesses; 

(b) Maintain and expand existing 

businesses; 

(c) Create a pool of funds for new 

small and minority-owned businesses; 

(d) Create decent jobs for low-income 

persons. 

(2) Improve the environmental health 

and safety of families living in public 

and privately owned housing by 

including activities which: 

(a) Coordinate lead hazard-reduction 

programs with weatherization activities 

funded by State and local governments, 

and the Federal Government; 

(b) Reduce or eliminate health-related 

hazards in the home caused by toxic 

agents such as molds and other 

allergens, carbon monoxide, and other 

hazardous agents and conditions. 

(3) Make communities more livable by 

including activities which: 

(a) Provide public and social services; 

(b) Improve infrastructure and 

community facilities. 

These activities support Strategic 

Goals b, c, and d. 

c. Encouraging Accessible Design 

Features. As described in section 

VI.B.1.c., applicants must comply with 

applicable civil rights laws including 

the Fair Housing Act, section 504 of the 

Rehabilitation Act of 1973, and the 

Americans with Disabilities Act. These 

laws, and regulations implementing 

them, provide for nondiscrimination 

based on disability and require housing 

and other facilities to incorporate 

certain features intended to provide for 

their use and enjoyment by persons 

with disabilities. HUD is encouraging 

applicants to add accessible design 

features beyond those required under 

civil rights laws and regulations. These 

features would eliminate many other 

barriers limiting the access of persons 

with disabilities to housing and other 

facilities. Copies of the Uniform Federal 

Accessibility Standards (UFAS) are 

available from the SuperNOFA 

Information Center (1–800–HUD–8929 

or 1–800–HUD–2209 (TTY)) and also 

from the Office of Fair Housing and 

Equal Opportunity, U.S. Department of 

Housing and Urban Development, Room 

5230, 451 Seventh Street, SW., 

Washington, DC 20410; 202–755–5404 

or 1–800–877–8399 (TTY Federal 

Information Relay Service). 

Accessible design features are 

intended to promote visitability and 

incorporate features of universal design 

as described below: 

(1) Visitability in New Construction 

and Substantial Rehabilitation. In areas 

where other accessibility requirements 

do not apply, applicants are encouraged 

to incorporate visitability standards 

where feasible in new construction and 

substantial rehabilitation projects. 

Visitability standards allow a person 

with mobility impairments access into 

the home, but do not require that all 

features be made accessible. Visitability 

means that there is at least one entrance 

at grade (no steps), approached by an 

accessible route such as a sidewalk; and 

that the entrance door and all interior 

passage doors are at least 2 feet 10 

inches wide, allowing 32 inches of clear 

passage space. A visitable home also 

serves persons without disabilities, such 

as a mother pushing a stroller or a 

person delivering a large appliance. 

More information about visitability is 

available at http://

www.concretechange.org/. 

These activities support Strategic 

Goals b, c, and d. 

(2) Universal Design. Applicants are 

encouraged to incorporate universal 

design in the construction or 

rehabilitation of housing, retail 

establishments, and community 

facilities funded with HUD assistance. 

Universal design is the design of 

products and environments to be usable 

by all people to the greatest extent 

possible, without the need for 

adaptation or specialized design. The 

intent of universal design is to simplify 

life for everyone by making products, 

communications, and the built 

environment more usable by as many 

people as possible at little or no extra 

cost. Universal design benefits people of 

all ages and abilities. In addition to any 

applicable required accessibility 

features under section 504 of the 

Rehabilitation Act of 1973 or the design 

and construction requirements of the 

Fair Housing Act, the Department 

encourages applicants to incorporate the 

principles of universal design when 

developing housing, community 

facilities, and electronic communication 

mechanisms, or when communicating 

with community residents at public 

meetings or events. HUD believes that 

by creating housing that is accessible to 

all, it can increase the supply of 

affordable housing for all, regardless of 

ability or age. Likewise, creating places 

where people work, train, and interact 

which are useable and open to all 

residents increases opportunities for 

economic and personal self-sufficiency. 

More information on universal design is 

available from the Center for Universal 

Design, at http://www.ncsu.edu/www/

ncsu/design/sod5/cud/ or the Resource 

Center on Accessible Housing and 

Universal Design, at http://

www.abledata.com/Site_2/accessib.htm. 

These activities support Strategic 

Goals a, b, c, and d. 

d. Providing Full and Equal Access to 

Grassroots Faith-Based and Other 

Community-Based Organizations in 

HUD Program Implementation.

(1) HUD encourages nonprofit 

organizations, including grassroots 

faith-based and other community-based 

organizations, to participate in the vast 

array of programs for which funding is 

available through this NOFA and the 

SuperNOFA. HUD also encourages 

states, units of local government, 

universities, colleges, and other 

organizations to partner with grassroots 

organizations, e.g., civic organizations, 

faith-communities, and grassroots faithbased and other community-based 

organizations that have not been 

effectively utilized. These grassroots 

organizations have a strong history of 

providing vital community services 

such as assisting the homeless and 

preventing homelessness, counseling 

individuals and families on fair housing 

rights, providing elderly housing 

opportunities, developing first-time 

homeownership programs, increasing 

homeownership and rental housing 

opportunities in neighborhoods of 

choice, developing affordable and 

accessible housing in neighborhoods 

across the country, creating economic 

development programs, and supporting 

the residents of public housing 

facilities. HUD wants to make its 

programs more effective, efficient, and 

accessible by expanding opportunities 

for grassroots organizations to 

participate in developing solutions for 

their own neighborhoods. Additionally, 

HUD encourages applicants to include 

these grassroots faith-based and other 

community-based organizations in their 

workplans. Applicants, their partners, 

and participants must review the ICDBG 

NOFA to determine whether they are 

eligible to apply for funding directly or 

whether they must establish a working 

relationship with an eligible applicant 

in order to participate in a HUD funding 

opportunity. Grassroots faith-based and 

other community-based organizations, 

and applicants who currently or 

propose to partner, fund, subgrant or 

subcontract with grassroots 

organizations (including grassroots 

faith-based or other community-based 

nonprofit organizations eligible under 

applicable program regulations) in 

conducting their work programs will 

receive higher rating points if specified 

in the NOFA. 

(2) Definition of Grassroots 

Organizations. 

(a) HUD will consider an organization 

a ‘‘grassroots organization’’ if it is 

headquartered in the local community 

to which it provides services; and, 

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(i) has a social services budget of 

$300,000 or less, or 

(ii) has six or fewer full-time 

equivalent employees. 

(b) Local affiliates of national 

organizations are not considered 

‘‘grassroots.’’ Local affiliates of national 

organizations are encouraged, however, 

to partner with grassroots organizations 

but must demonstrate that they are 

currently working with a grassroots 

organization (e.g., having a faithcommunity or civic organization, or 

other charitable organization provide 

volunteers). 

(c) The cap provided in paragraph 

(2)(a)(i) above includes only that portion 

of an organization’s budget allocated to 

providing social services. It does not 

include other portions of the budget 

such as salaries and expenses not 

directly expended in the provision of 

social services. 

These activities support Strategic Goal 

f. 

e. Participation of Minority Serving 

Institutions in HUD Programs. Pursuant 

to Executive Orders 13256 (President’s 

Board of Advisors on Historically Black 

Colleges and Universities), 13230 

(President’s Advisory Commission on 

Educational Excellence for Hispanic 

Americans), 13216 (Increasing 

Participation of Asian Americans and 

Pacific Islanders in Federal Programs), 

and 13270 (Tribal Colleges and 

Universities), HUD is strongly 

committed to broadening the 

participation of Minority Serving 

Institutions (MSIs) in its programs. HUD 

is interested in increasing the 

participation of MSIs in order to 

advance the development of human 

potential, strengthen the Nation’s 

capacity to provide high-quality 

education, and increase opportunities 

for MSIs to participate in and benefit 

from Federal financial assistance 

programs. HUD encourages all 

applicants and recipients to include 

meaningful participation of MSIs in 

their work programs. A listing of MSIs 

can be found on the Department of 

Education Web site at http://

www.ed.gov/about/offices/list/ocr/

edlite-minorityinst-as-vi.html or HUD’s 

Web site at http://www.hud.gov. 

These activities support Strategic 

Goals c and d. 

f. Ending Chronic Homelessness 

within Ten Years. President Bush has 

set a national goal to end chronic 

homelessness within ten years. HUD has 

embraced this goal and has pledged that 

HUD’s grant programs will be used to 

support the President’s goal and more 

adequately meet the needs of 

chronically homeless individuals. A 

person experiencing chronic 

homelessness is defined as an 

unaccompanied individual with a 

disabling condition who has been 

continuously homeless for a year or 

more or has experienced four or more 

episodes of homelessness over the last 

three years. Applicants are encouraged 

to target assistance to chronically 

homeless persons by undertaking 

activities that will result in: 

(1) Creation of affordable group homes 

or rental housing units; 

(2) Establishing a set-aside of units of 

affordable housing for the chronically 

homeless; 

(3) Substance abuse treatment 

programs targeted to the homeless 

population; 

(4) Job training programs that will 

provide opportunities for economic selfsufficiency; 

(5) Counseling programs that assist 

homeless persons in finding housing, 

learning financial management and 

anger management, and building 

interpersonal relationships; 

(6) Supportive services, such as health 

care assistance that will permit 

homeless individuals to become 

productive members of society; 

(7) Provision of Service Coordinators 

or One Stop Assistance Centers that will 

ensure that chronically homeless 

persons have access to a variety of social 

services; 

(8) Applicants that are developing 

programs to meet this goal should be 

mindful of the requirements 

implementing section 404 of the 

Rehabilitation Act of 1973, in particular, 

24 CFR 8.4(b)(1)(iv), 8.4(c)(1), and 

8.4(d). 

These activities support Strategic 

Goals b and c. 

13. Performance and Compliance 

Actions of Funding Recipients. HUD 

will measure and address the 

performance and compliance actions of 

funding recipients in accordance with 

the applicable standards and sanctions 

of their respective programs. 

VI. Award Administration Information 

A. Anticipated Announcement and 

Award Dates. Awards are expected to be 

announced by May 20, 2005. Once a 

congressional release date has been 

obtained, a grant award letter, a grant 

agreement, and other forms and 

certifications will be mailed to the 

recipient for signature and return to the 

Area ONAP. 

As soon as rating and ranking are 

completed and it has been determined 

that the applicant has complied with 

any pre-award requirements (see section 

V.B.9.b. of this NOFA), the grant will be 

awarded. The grant agreement, which is 

signed by HUD and the recipient, 

establishes the conditions by which 

both the Area ONAP and the recipient 

must abide during the life of the grant. 

All grants are conditioned upon the 

completion of all environmental 

obligations and approval of release of 

funds by the Area ONAP in accordance 

with the requirements of 24 CFR part 

58. HUD may impose other grant 

conditions if additional actions or 

approvals are required before the use of 

funds. 

B. Administrative and National Policy 

Requirements.

1. Statutory and Regulatory 

Requirements.

a. Environmental Requirements. As 

required by 24 CFR 1003.605, ICDBG 

grantees must perform environmental 

reviews of ICDBG activities in 

accordance with 24 CFR part 58 (as 

amended September 29, 2003). Grantees 

and other participants in the 

development process may not commit 

or expend any ICDBG or nonfederal 

funds on project activities (other than 

those listed in 24 CFR 58.22(f), 58.34 or 

58.35(b)) until HUD has approved a 

Request for Release of Funds and 

environmental certification submitted 

by the grantee. The expenditure or 

commitment of ICDBG or nonfederal 

funds for such activities prior to HUD 

approval may result in the denial of 

assistance for the project or activities 

under consideration. 

b. Indian Preference. HUD has 

determined that the ICDBG program is 

subject to section 7(b) of the Indian SelfDetermination and Education 

Assistance Act (25 U.S.C. 450e(b)). The 

provisions and requirements for 

implementing this section are in 24 CFR 

1003.510. 

c. Anti-discrimination Provisions.

Under the authority of section 107(e)(2) 

of the CDBG statute, HUD waived the 

requirement that recipients comply with 

the anti-discrimination provisions in 

section 109 of the CDBG statute with 

respect to race, color, and national 

origin. You must comply with the other 

prohibitions against discrimination in 

section 109 (HUD’s regulations for 

section 109 are in 24 CFR part 6) and 

with the Indian Civil Rights Act. 

d. Conflict of Interest. In addition to 

the conflict of interest requirements 

with respect to procurement 

transactions found in 24 CFR 85.36 and 

84.42, as applicable, the provisions of 

24 CFR 1003.606 apply to such 

activities as the provision of assistance 

by the recipient or sub-recipients to 

businesses, individuals, and other 

private entities under eligible activities 

that authorize such assistance. 

e. Economic Opportunities for Lowand Very Low-Income Persons (Section 

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3). Section 3 requirements apply to the 

ICDBG Program, but as stated in 24 CFR 

135.3(c), the procedures and 

requirements of 24 CFR part 135 apply 

to the maximum extent consistent with, 

but not in derogation of, compliance 

with Indian Preference. 

2. OMB Circulars and Governmentwide Regulations Applicable to 

Financial Assistance Programs. The 

policies, guidance, and requirements of 

OMB Circular A–87, Cost Principles 

Applicable to Grants, Contracts and 

other Agreements with State and Local 

Governments; and OMB Circular A–122, 

Cost Principles for Nonprofit 

Organizations; and OMB Circular A–

133, Audits of State and Local 

Governments, and Nonprofit 

Organizations; and the regulations at 24 

CFR part 85, Administrative 

Requirements for Grants and 

Cooperative Agreements to State, Local 

and Federally Recognized Indian Tribal 

Governments apply to the award, 

acceptance, and use of assistance under 

the ICDBG program and to the remedies 

for noncompliance, except when 

inconsistent with the provisions of the 

Consolidated Appropriations Act, 2004 

(Public Law 108–199, approved January 

23, 2004) or the ICDBG program 

regulations at 24 CFR part 1003. Copies 

of the OMB Circulars may be obtained 

from EOP publications. Room 22000, 

New Executive Office Building, 

Washington, DC 20503, telephone (202) 

395–3080 (this is not a toll-free number) 

or (800) 877–8339 (TTY Federal 

Information Relay Service). Information 

may also be obtained from the OMB 

Web site at http://www.whitehouse.gov/

omb/circulars/index.html.

C. Reporting.

1. Post Award Reporting 

Requirements.

a. Quarterly Financial Reports. Grant 

recipients must submit quarterly to the 

Area ONAP a SF–272, Federal Cash 

Transaction Report. The report accounts 

for funds received and disbursed by the 

recipient. 

b. Annual Status and Evaluation 

Report. Recipients are required to 

submit this report in narrative form 

annually. The report is due 45 days after 

the end of the federal fiscal year and at 

the time of grant close-out. The report 

must include: 

(1) The narrative part must address 

the progress made in completing 

approved activities and include a list of 

work remaining, along with a revised 

implementation schedule if necessary. 

This should include progress on any 

outputs or outcomes specified in Rating 

Factor 5; 

(2) A breakdown of funds spent on 

each major project activity or category; 

and 

(3) If the project has been completed, 

an evaluation of the effectiveness of the 

project in meeting the community 

development needs of the grantee, as 

well as the final outputs and outcomes. 

c. Minority Business Enterprise 

Report. Recipients must submit this 

report on contract and subcontract 

activity during the first half of the fiscal 

year by April 10 and by October 10 for 

the second half of the fiscal year. 

d. A close-out report must be 

submitted by the recipient within 90 

days of completion of grant activities. 

The report consists of the final Financial 

Status Report (forms SF 269 or 269A), 

the final Status and Evaluation Report, 

and the Close-Out Agreement. 

More information regarding these 

requirements may be found at 24 CFR 

1003.506 and 1003.508. 

VII. Agency Contact(s) (Required) 

A. General Questions. You should 

direct general program questions to the 

Area ONAP serving your area or to 

Barbara Gallegos, Denver Program Office 

of Native American Programs, Office of 

Public and Indian Housing, Department 

of Housing and Urban Development, 

1999 Broadway, Suite 3390, Denver, CO 

80202; telephone 800–561–5913. 

Persons with speech or hearing 

impairments may call HUD’s TTY 

number 202–708–0770, or 1–800–877–

8339 (the Federal Information Relay 

Service TTY). Other than the ‘‘800’’

numbers, these numbers are not tollfree. 

B. Technical Assistance. Before the 

application due date, HUD staff will be 

available to provide you with general 

guidance and technical assistance about 

this NOFA. However, HUD staff is not 

permitted to assist in preparing your 

application. Following selection of 

applicants, but before awards are made, 

HUD staff are available to assist in 

clarifying or confirming information 

that is a prerequisite to the offer of an 

award. 

VIII. Other Information 

A. Authority. The authority for this 

program is Title I of the Housing and 

Community Development Act of 1974 

(42 U.S.C. 5301 et seq.), the 

Consolidated Appropriations Act of 

2004 (Pub.L. 108–199, approved January 

23, 2004), and the program regulations 

in 24 CFR part 1003. 

B. NOFA Training. Training for 

potential applicants on the NOFA 

requirements will be provided by the 

Area ONAPs prior to the application 

deadline. Applicants should contact the 

Area ONAP for their jurisdiction as 

identified in section IV.C. 4. of this 

NOFA. 

C. Section 102 of HUD Reform Act, 

Applicant Debriefing, Documentation, 

and Public Access Requirements.

Section 102 of the Department of 

Housing and Urban Development 

Reform Act of 1989 (42 U.S.C. 3545) 

(HUD Reform Act) and the regulations 

codified in 24 CFR part 4, subpart A, 

contain a number of provisions that are 

designed to ensure greater 

accountability and integrity in the 

provision of certain types of assistance 

administered by HUD. On January 14, 

1992, HUD published a notice that also 

provides information on the 

implementation of section 102 (57 FR 

1942). The documentation, public 

access, and disclosure requirements of 

section 102 apply to assistance awarded 

under this NOFA.

1. Documentation, Public Access, and 

Disclosure Requirements. HUD will 

ensure that documentation and other 

information regarding each application 

submitted pursuant to this NOFA are 

sufficient to indicate the basis upon 

which assistance was provided or 

denied. This material, including any 

letters of support, will be made 

available for public inspection for a fiveyear period beginning not less than 30 

days after the award of the assistance. 

Material will be made available in 

accordance with the Freedom of 

Information Act (5 U.S.C. 552) and 

HUD’s implementing regulations (24 

CFR part 15). 

2. HUD Form 2880. HUD will make 

available to the public for five years all 

applicant disclosure reports (HUD Form 

2880) submitted in connection with this 

NOFA. Update reports (also reported on 

HUD Form 2880) will be made available 

along with the applicant disclosure 

reports, but in no case for a period of 

less than three years. All reports, both 

applicant disclosures and updates, will 

be made available in accordance with 

the Freedom of Information Act (5 

U.S.C. 552) and HUD’s implementing 

regulations (24 CFR part 5). 

3. Publication of Recipients of HUD 

Funding. HUD’s regulations at 24 CFR 

part 4 provide that HUD will publish a 

notice in the Federal Register to notify 

the public of all decisions made by the 

Department to provide: 

a. Assistance subject to section 102(a) 

of the HUD Reform Act; and 

b. Assistance provided through grants 

or cooperative agreements on a 

discretionary (non-formula, nondemand) basis, but that is not provided 

on the basis of a competition. 

4. Debriefing. Beginning 30 days after 

the awards for assistance are publicly 

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announced and for at least 120 days 

after awards for assistance are 

announced publicly, HUD will provide 

a debriefing to any applicant requesting 

one on their application. All debriefing 

requests must be made in writing or by 

e-mail by the authorized official whose 

signature appears on the SF–424 form or 

by his or her successor in office, and 

submitted to the Area Office you 

submitted your application to. 

Information provided during a 

debriefing will include, at a minimum, 

the final score you received for each 

rating factor, final evaluator comments 

for each rating factor, and the final 

assessment indicating the basis upon 

which assistance was provided or 

denied. 

D. Section 103 of the HUD Reform 

Act. HUD’s regulations implementing 

section 103 of the Department of 

Housing and Urban Development 

Reform Act of 1989 (42 U.S.C. 3537a), 

codified in 24 CFR part 4, subpart B, 

§ 4.26(2)(c) et seq. and § 4.28 apply to 

this funding competition. The 

regulations continue to apply until the 

announcement of the selection of 

successful applicants. HUD employees 

involved in the review of applications 

and in the making of funding decisions 

are limited by the regulations from 

providing advance information to any 

person (other than an authorized 

employee of HUD) concerning funding 

decisions or from otherwise giving any 

applicant an unfair competitive 

advantage. Persons who apply for 

assistance in this competition should 

confine their inquiries to the subject 

areas permitted under 24 CFR part 4. 

Applicants or employees who have 

ethics-related questions should contact 

the HUD Ethics Law Division at 202–

708–3815. (This is not a toll-free 

number.) HUD employees who have 

specific program questions should 

contact the appropriate field office 

counsel or Headquarters counsel for the 

program to which the question pertains. 

E. Federal E-Grants Information. 1. 

Streamlining Federal Financial 

Assistance. The Federal Financial 

Assistance Management Improvement 

Act of 1999 (Public Law 106–107) 

directs each Federal agency to develop 

and implement a plan that, among other 

things, streamlines and simplifies the 

application, administrative, and 

reporting procedures for Federal 

financial assistance programs 

administered by the agency. This law 

also requires the Director of the Office 

of Management and Budget (OMB) to 

direct, coordinate, and assist federal 

agencies in establishing (1) a common 

application and reporting system and (2) 

an interagency process for addressing 

ways to streamline and simplify Federal 

financial assistance application and 

administrative procedures and reporting 

requirements for program applicants. 

HUD is working with the 26 Federal 

grant-making agencies on President 

George W. Bush’s Grants.gov ‘‘FIND and 

APPLY’’ Initiative. This Initiative is an 

effort by federal agencies to develop a 

common electronic application and 

reporting system for Federal financial 

assistance. This system, which will 

provide ‘‘one-stop shopping’’ for 

funding opportunities for all Federal 

programs, is being developed in 

response to public and government 

concerns that it is difficult for 

organizations to know all the funding 

available from the Federal Government 

and how to apply for funding. It also is 

an effort by the Federal Government to 

develop common application 

requirements that further streamline the 

application process, making it easier for 

you, our customers, to apply for 

funding. 

The first segment of the Grants.gov 

Initiative focuses on allowing the public 

to easily FIND funding opportunities 

and then APPLY via Grants.gov. 

Funding decisions would still be under 

the control of the Federal Agency 

sponsoring the program-funding 

opportunity. In FY2004 HUD is posting 

all of its funding notices on http://

www.Grants.gov/FIND. It is also placing 

copies of the electronic application on 

http://www.Grants.gov/Apply.

Applicants should note that the URL for 

the grants.gov/Apply site is case 

sensitive, so please carefully copy the 

URL provided in this Notice to avoid 

message errors. 

During FY2004, HUD applicants will 

be able to continue to submit paper 

copies of their application to HUD for 

funding consideration, and in fact, the 

paper copy will be the official copy. To 

find out more about Grants.gov, please 

go to its Web site and look at the 

Tutorials and Getting Started 

information. It is HUD’s intent to move 

to a fully electronic application system 

in FY2005, so an early test of this 

feature would benefit both the applicant 

community and HUD.

F. Paperwork Reduction Act 

Statement. The information collection 

requirements in this NOFA have been 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520) and assigned OMB control 

number 2577–0191. In accordance with 

the Paperwork Reduction Act, HUD may 

not conduct or sponsor, and a person is 

not required to respond to, a collection 

of information unless the collection 

displays a valid OMB control number. 

Public reporting burden for the 

collection of information is estimated to 

average 43 hours per annum for the 

application and grant administration. 

This includes the time for collecting, 

reviewing, and reporting the data. The 

information will be used for grantee 

selection and monitoring the 

administration of funds. Response to 

this request for information is required 

in order to receive the benefits to be 

derived.

Dated: October 1, 2004. 

Michael Liu, 

Assistant Secretary for Public and Indian 

Housing.

Appendix A: 

Data to Determine Need for Factor 2 (for 

Applicants for New Housing Construction, 

Housing Rehabilitation, Land Acquisition to 

Support New Housing, and Homeownership 

Assistance Projects) For applicants 

submitting applications for New Housing 

Construction, Housing Rehabilitation, Land 

Acquisition to Support New Housing, and 

Homeownership Acquisition Projects: The 

need for the proposed project for Factor 2 is 

determined by utilizing data from the tribe’s 

2004 IHBG formula information. The data is 

contained in appendix A. Should you 

disagree with this information, please consult 

the IHBG formula customer service center at 

800–410–8808 for the process for challenging 

IHBG formula data. Persons with hearing and 

speech impairments should call 800–505–

5908 (TTY). 

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