[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Notices]
[Pages 62847-62850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24099]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Request for Proposals: Section 516 Farm Labor Housing (FLH) New 
Construction or Repair Grants and Emergency Grants To Assist Low-Income 
Migrant and Seasonal Farmworkers

    Announcement Type: Initial Request for Proposals (RFP) inviting 
proposals from qualified applicants.
    Catalog of Federal Domestic Assistance Number (CFDA): 10.405.

SUMMARY: The Rural Housing Service announces the availability of funds 
and the timeframe to submit applications for grants to construct or 
repair Section 516 off-farm FLH. In addition, this RFP also announces 
an availability of funds and the timeframe to submit applications for 
grants to provide emergency services to assist low-income migrant and 
seasonal farmworkers. Both of these funding opportunities are designed 
to meet needs in communities that were affected by hurricanes and 
tropical storms in calendar year 2003 or 2004, as authorized by the 
Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005, Public Law 108-324 (October 13, 
2004).

DATES: The deadline for receipt of all applications in response to this 
RFP is 5 p.m., Eastern Daylight Time, on December 27, 2004. The 
application closing deadline is firm as to date and hour. The Agency 
will not consider any application that is received after the closing 
deadline. Applicants intending to mail applications must provide 
sufficient time to permit delivery on or before the closing deadline. 
Acceptance by a post office or private mailer does not constitute 
delivery. Facsimile (FAX), COD, and postage due applications will not 
be accepted.

FOR FURTHER INFORMATION CONTACT: Douglas H. MacDowell, Senior Loan 
Specialist, Multi-Family Housing Processing Division--STOP 0781 (Room 
1263-S), U.S. Department of Agriculture--Rural Housing Service, 1400 
Independence Ave., SW., Washington, DC 20250-0781 or by telephone at 
(202) 720-1627. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The reporting requirements contained in this notice have been 
approved by the Office of Management and Budget under Control Number 
0575-0045.

Overview

    The Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations, 2005, Public Law 108-324 (October 13, 
2004), made available $5,000,000 for the provision of low-rent housing 
and related facilities for domestic farm labor, as authorized by 
Section 516 of the Housing Act of 1949. Of this amount, up to 
$3,000,000 may be used for emergency services to assist low-income 
migrant and seasonal farmworkers, as authorized by section 2281 of the 
Food, Agriculture, Conservation, and Trade Act of 1990.

Program Administration

I. Funding Opportunities Description

    This RFP requests applications from eligible applicants for grants 
to construct or repair section 516 off-farm FLH. The Agency's Farm 
Labor Housing Program is authorized by the Housing Act of 1949. Grants 
for the construction or repair of off-farm FLH are authorized by 
section 516 (42 U.S.C. 1486) of the Housing Act of 1949. Agency 
regulations for the Farm Labor Housing Program are published at 7 CFR 
part 1944, subpart D. Eligibility for section 516 off-farm FLH grants 
is limited to broad-based nonprofit organizations, nonprofit 
organizations of farmworkers, federally recognized Indian tribes, 
agencies or political subdivisions of State or local government, and 
public agencies (such as housing authorities).

[[Page 62848]]

Housing that is constructed or repaired with these grants must meet the 
Agency design and construction standards contained in 7 CFR part 1924, 
subparts A and C. Once constructed, section 516 off-farm FLH must be 
managed in accordance with the program's management regulation, 7 CFR 
part 1930, subpart C. Tenant eligibility is limited to ``domestic farm 
laborer'', as defined by 7 CFR part 1944, subpart D, at 7 CFR 1944.153. 
That definition is ``a person who receives a substantial portion of his 
or her income performing farm labor employment (not self-employed) in 
the United States, Puerto Rico, or the Virgin Islands and either is a 
citizen of the United States or resides in the United States, Puerto 
Rico, or the Virgin Islands after being legally admitted for permanent 
residence. This definition may include the immediate family members 
residing with such a person.'' The term ``farm labor'', as used in the 
definition of domestic farm labor, includes services in connection with 
cultivating the soil, raising or harvesting any agriculture or 
aquaculture commodity; or in catching, netting, handling, planting, 
drying, packing, grading, storing, or preserving in its unmanufactured 
state any agriculture or aquaculture commodity; or delivering to 
storage, market, or a carrier for transportation to market or to 
processing any agricultural or aquacultural commodity. In addition, 
section 516 off-farm FLH must be operated on a non-profit basis and 
tenancy must be open to all qualified domestic farm laborers, 
regardless of which farm they work at. Rental assistance is not 
available through this Notice.
    This RFP also requests applications for the purpose of providing 
emergency services to low-income migrant and seasonal farmworkers. 
Grants for emergency services will be awarded separate and apart from 
the grants for the construction and repair of section 516 housing and 
is not subject to the same limitations. Eligibility for grants for 
emergency services is limited to public agencies or private 
organizations with tax exempt status under section 501(c)(3) of Title 
26 United States Code that have experience in providing emergency 
services to low-income migrant and seasonal farmworkers where the 
Secretary of Agriculture determines that a local, state, or national 
emergency or disaster has caused low-income migrant or seasonal 
farmworkers to lose income, be unable to work, or to stay at home or 
return home in anticipation of work shortages. The types of service 
could include, but are not limited to, assistance in meeting rent or 
mortgage payments, utility bills, child care, transportation, school 
supplies, food, repair or rehabilitation of farmworker housing (not 
restricted to units financed by the Agency), facilities related to 
farmworker housing such as an infirmary for emergency care of a child 
care facility, and the construction of new farmworker housing units. A 
low-income migrant or seasonal farmworker is defined by section 2281 of 
the Food, Agriculture, Conservation, and Trade Act of 1990 as an 
individual:
    (1) Who has, during any consecutive 12 month period within the 
preceding 24 month period, performed farm work for wages;
    (2) Who has received not less than one-half of such individual's 
total income, or been employed at least one-half of total work time in 
farm work; and
    (3) Whose annual family income within the 12 month period referred 
to in paragraph (1) does not exceed the higher of the poverty level or 
70 percent of the lower living standard income level.
    The ``lower living standard income level'' referred to in paragraph 
(3) was defined in a Department of Labor, Federal Register Notice 
entitled ``Workforce Investment Act; Lower Living Standard Income 
Level,'' dated June 25, 2004, (69 FR 35679-35685). Copies of that 
Notice shall be made available on request.
    Applicants who seek funding for both the construction or repair of 
section 516 off-farm FLH and to provide emergency services to low-
income migrant and seasonal farmworkers, must submit separate, 
individual applications for each grant purpose.

II. Award Information

    The Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005, Public Law 108-324 (October 13, 
2004), made available $5,000,000 for the provision of low-rent housing 
and related facilities for domestic farm labor, as authorized by 
section 516 of the Housing Act of 1949. Of this amount, up to 
$3,000,000 may be used for emergency services to assist low-income 
migrant and seasonal farmworkers, as authorized by section 2281 of the 
Food, Agriculture, Conservation, and Trade Act of 1990.
    Grants to provide emergency services may not exceed $500,000 and 
may be limited by geographic area so that multiple grant recipients are 
not providing similar services to the same service areas. Grants for 
the construction or repair of section 516 off-farm FLH are not limited 
to $500,000, but the grant may not exceed 90 percent of the total 
development cost of the housing.

III. Eligibility Information

Applicant Eligibility

    (1) To be eligible to receive a grant for the construction or 
repair of section 516 off-farm FLH, the applicant must be a broad-based 
nonprofit organization, a nonprofit organization of farmworkers, a 
federally recognized Indian tribe, or an agency or political 
subdivision of a State or local government, or a public agency (such as 
a housing authority) and:
    (a) Be an organization, as defined in 7 CFR 1944.153 with an 
assured life over a period of years sufficient to carry out the purpose 
of providing low-rent housing for domestic farm labor. This should not 
be less than the anticipated useful life of the project as suitable 
housing for domestic farm labor, assuming proper maintenance and repair 
of the property. Ordinarily, this should not be less than 50 years.
    (b) When the grant is closed, be the owner of the housing and 
related facilities, including the site.
    (c) Be unable to provide the necessary housing from its own 
resources, including any power to levy taxes, assessments, or charges, 
and be unable to obtain the necessary credit through a labor housing 
loan or from other sources upon terms and conditions the applicant 
could reasonably be expected to fulfill.
    (d) Possess the legal and actual capacity, ability, and experience 
to incur and carry out the undertakings and obligations required, 
including the obligations to maintain and operate the housing and 
related facilities for the purpose for which the grant is made.
    (e) Legally obligate itself not to divert income from the housing 
to any other business, enterprise, or purpose.
    (f) In addition, eligibility is limited to projects in communities 
affected by hurricanes and tropical storms in calendar year 2003 or 
2004. Applicants must provide documentation to evidence that they meet 
all of these eligibility requirements.
    (2) To be eligible to receive a grant to provide emergency services 
to low-income migrant and seasonal farmworkers, the applicant must:
    (a) Be either a public agency or private organization with tax 
exempt status under section 501(c)(3) of Title 26 United States Code.
    (b) Have experience in providing emergency services to low-income 
migrant and seasonal farmworkers where the Secretary of Agriculture 
determines that a local, state, or national

[[Page 62849]]

emergency or disaster has caused low-income migrant or seasonal 
farmworkers to lose income, be unable to work, or to stay at home or 
return home in anticipation of work shortages.
    (c) Be limited to projects in communities affected by hurricanes 
and tropical storms in calendar year 2003 or 2004. Applicants must 
provide documentation to evidence that they meet all of these 
eligibility requirements.
    Cost sharing or matching. Grants for the construction or repair of 
section 516 off-farm FLH may not exceed 90 percent of the total 
development cost. There are no cost sharing or matching requirements 
for grants for emergency services.

Other Administrative Requirements

    (1) The following policies and regulations apply to grants made in 
response to this RFP:
    (a) The policies and regulations contained in 7 CFR part 1901, 
subpart E regarding equal opportunity requirements.
    (b) The requirements of 7 CFR part 3015, and 7 CFR part 3016 or 7 
CFR part 3019 (as applicable), which establish the uniform 
administrative requirements for grants and cooperative agreements to 
state and local governments and to non-profit organizations.
    (c) The policies and regulations contained in 7 CFR part 1901, 
subpart F regarding historical and archaeological properties.
    (d) The policies and regulations contained in 7 CFR part 1940, 
subpart G regarding environmental assessments.
    (2) The following additional policies and regulations also apply to 
grants for the construction or repair of section 516 off-farm FLH:
    (a) The policies and regulations contained in 7 CFR part 1944, 
subpart D regarding the grant authorities of the Farm Labor Housing 
Program.
    (b) The policies and regulations contained in 7 CFR part 1924, 
subpart A regarding planning and construction.
    (c) The policies and regulations contained in 7 CFR part 1924, 
subpart C regarding the planning and performing of site development 
work.
    (e) The policies and regulations contained in 7 CFR part 1930, 
subpart C regarding the management and supervision of section 516 off-
farm FLH.

IV. Application and Submission Information

    Applicants who seek funding for both the construction or repair of 
section 516 off-farm FLH and for emergency services to low-income 
migrant and seasonal farmworkers, must submit separate, individual 
applications for each grant purpose.
    The application process will be in two phases: the initial 
preapplication (or proposal) and the submission of a formal 
application. Only those proposals that are selected for funding will be 
invited to submit formal applications. In the event that a proposal is 
selected for further processing and the applicant declines, the next 
highest ranked unfunded preapplication may be selected. If a 
preapplication is accepted for further processing, the applicant will 
be expected to submit the additional information prior to the 
obligation of grant funds. At the time of final grant approval, the 
Agency and grant recipients shall enter into a grant agreement.

Preapplication Requirements

    The preapplication must contain the following:
    (1) A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    (a) Identification of the grant purpose (i.e., for the construction 
or repair of section 516 off-farm FLH or for providing emergency 
services to low-income migrant and seasonal farmworkers). As stated in 
this Notice, separate, individual applications must be submitted for 
each grant purpose.
    (b) Applicant's name.
    (c) Applicant's Taxpayer Identification Number.
    (d) Applicant's address.
    (e) Applicant's telephone number.
    (f) Name of applicant's contact person, telephone number, and 
address.
    (g) Amount of grant requested.
    (h) Applicant's Dun and Bradstreet Data Universal Numbering System 
(DUNS) number. As required by the Office of Management and Budget 
(OMB), all grant applicants must provide a DUNS number when applying 
for Federal grants, on or after October 1, 2003. Organizations can 
receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS Number request line at 1-866-705-5711. Additional information 
concerning this requirement is provided in a policy directive issued by 
OMB and published in the Federal Register on June 27, 2003 (68 FR 
38402-38405).
    (2) A narrative describing the applicant's ability to meet the 
eligibility requirements stated in this Notice.
    (3) A detailed Statement of Work.
    (4) An organizational plan that includes a staffing chart complete 
with name, job title, salary, hours, timelines, and descriptions of 
employee duties to achieve the objectives of the grant program.
    (5) Organizational documents to evidence the applicant's status as 
a properly organized private or public nonprofit agency which meets the 
applicant eligibility requirements and financial statements to evidence 
the applicant's financial ability to carry out the objectives of the 
grant program.
    (6) A detailed budget plan projecting the monthly and annual 
expenses the grantee will incur. Costs will be limited to those that 
are allowed under 7 CFR part 3015, and 7 CFR part 3016 or 3019, as 
applicable.
    (7) Applicants must submit documentation that the community was 
affected by a hurricane or tropical storm in calendar year 2003 or 
2004.
    (8) Applicants for grants to provide emergency services to low-
income migrant and seasonal farmworkers must include a narrative 
describing its knowledge, demonstrated ability, or practical experience 
in delivering direct emergency assistance to low-income migrant and 
seasonal farmworkers. In addition, to ensure that funds are equitably 
distributed, and that there is no duplication of efforts on related 
projects, applicants must clearly identify the geographic area that 
they intend to serve and provide documentation that they have the 
experience and ability to service those areas.
    (9) Applications for grants to construct or repair section 516 off-
farm FLH must also include all of the information, materials, forms, 
and exhibits required by 7 CFR part 1944, subpart D, as well as comply 
with the requirements of this Notice. Each application must also 
include an estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost,'' and a proposed operating 
budget utilizing Form RD 1930-7, ``Multiple Family Housing Project 
Budget.'' Applicants must provide documentation that there is a 
pressing need for such facilities and that there is a reasonable doubt 
that the housing can be provided without the grant assistance.
    (10) A separate one-page information sheet listing each of the 
``Application Scoring Criteria'' contained in this Notice, followed by 
the page numbers of all relevant material and documentation that is 
contained in the proposal that supports these criteria. Applicant's are 
also encouraged, but not required, to include a checklist of all of the 
application requirements and to have their application indexed and 
tabbed to facilitate the review process.

[[Page 62850]]

Funding Restrictions

    Grants to provide emergency services may not exceed $500,000 and 
may be limited by geographic area so that multiple grant recipients are 
not providing similar services to the same service areas. Grants for 
emergency services may not be used for pre-award costs.
    Grants for the construction or repair of section 516 off-farm FLH 
are not limited to $500,000, but the grant may not exceed 90 percent of 
the total development cost of the housing. Grants for the construction 
or repair of section 516 off-farm FLH is subject to the limitations and 
conditions listed at 7 CFR 1944.164.
    All grants made in response to this Notice are subject to the 
restrictions contained in 7 CFR parts 3015, 3016, and 3019.
    Intergovernmental review. The construction of new section 516 off-
farm FLH is subject to the Intergovernmental Review provisions of 
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials.
    Submission address. Preapplications should be submitted to USDA--
Rural Housing Service; Attention: Douglas H. MacDowell, Multi-Family 
Housing Processing Division--STOP 0781 (Room 1263-S), 1400 Independence 
Ave. SW., Washington, DC 20250-0781.

V. Application Review Information

    All applications will be evaluated by a grant committee. The grant 
committee will make recommendations to the Agency Administrator 
concerning preliminary eligibility determinations and for the selection 
of applications for further processing based on the selection criteria 
contained in this RFP and the availability of funds. The Administrator 
will inform applicants of the status of their application within 30 
days of the closing date of the RFP.
    Applications for grants to construct or repair section 516 off-farm 
FLH will compete against other applications to construct or repair 
section 516 off-farm FLH. Likewise, applications for grants to provide 
emergency services to low-income migrant and seasonal farmworkers will 
compete against other applications for grants for emergency services.
    Applications for grants to provide emergency services to low-income 
migrant and seasonal farmworkers will be evaluated by the types of 
assistance to be provided. Because the types of assistance may differ 
depending on the geographic area to be served and the nature of the 
disaster or emergency experienced, equal weight will be applied to each 
form of assistance to be rendered.

Selection Criteria

    (1) Applications to provide emergency services to low-income 
migrant and seasonal farmworkers will be scored on the following basis:
    (a) Experience of applicant providing emergency services.
    (b) The number of low-income migrant and seasonal farmworkers (as 
defined in this Notice) affected by the emergency.
    (c) The number of low-income migrant and seasonal farmworkers (as 
defined in this Notice) to be assisted by the proposal.
    (d) Economic and social benefits to low-income migrant and seasonal 
farmworkers (as defined in this Notice) and their families from the 
services to be provided.
    (2) Proposals for construction or repair of section 516 off-farm 
FLH for domestic farm laborers will be scored on the following basis:
    (a) The number of domestic farm laborers (as defined in 7 CFR part 
1944, subpart D) that will be provided with decent, safe and sanitary 
housing as a result of the proposed use of the grant funds.
    (b) The degree to which health and safety issues will be addressed 
through the use of the grant funds.

    Dated: October 22, 2004.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. 04-24099 Filed 10-27-04; 8:45 am]
BILLING CODE 3410-XV-P