64136 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4921–N–01] 

Notice of Funding Availability for 

Revitalization of Severely Distressed 

Public Housing; HOPE VI Revitalization 

Grants Fiscal Year 2004

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD.

ACTION: Notice of funding availability.

Overview Information:

A. Federal Agency Name. Department 

of Housing and Urban Development, 

Office of Public and Indian Housing. 

B. Funding Opportunity Title.

Revitalization of Severely Distressed 

Public Housing HOPE VI Revitalization 

Grants Fiscal Year 2004. 

C. Announcement Type. Initial 

announcement. 

D. Funding Opportunity Number. The 

Federal Register number for this NOFA 

is: FR–4921–N–01. The OMB approval 

number for this program is: 2577–0208. 

E. Catalog of Federal Domestic 

Assistance (CFDA) Number. The CFDA 

number for this NOFA is 14–866, 

‘‘Demolition and Revitalization of 

Severely Distressed Public Housing 

(HOPE VI).’’ 

F. Dates. 1. Application Due Date:

The application due date shall be 

February 1, 2005. See the General 

Section of the SuperNOFA (69 FR 

26941) for application submission, 

delivery, and timely receipt 

requirements. 

2. Estimated Grant Award Date: The 

estimated award date will be 

approximately May 2, 2005. 

G. Optional, Additional Overview 

Content Information. 1. This NOFA 

announces the availability of 

approximately $120 million in FY2004 

funds for HOPE VI Revitalization 

Program grants, with approximately $20 

million additional for grant-related 

housing choice voucher (HCV) 

assistance. 

2. The maximum amount of each 

grant award is $20 million. It is 

anticipated that six grant awards will be 

made. 

3. Housing choice voucher assistance 

is available to successful applicants that 

receive the revitalization grant award. 

The dollar amount of HCV assistance is 

in addition to the $20 million maximum 

award amount. 

4. All public housing authorities 

(PHAs) with severely distressed public 

housing are eligible to apply. PHAs that 

manage only a HCV program, tribal 

PHAs and tribally-designated housing 

entities are not eligible. 

5. A match of five percent is required. 

6. Each applicant may submit only 

one HOPE VI revitalization application. 

7. Application materials may be 

obtained over the Internet from HUD’s 

grants site: http://www.hud.gov/offices/

adm/grants/otherhud.cfm. Technical 

corrections and frequently asked 

questions will also be posted on this 

Web site. 

8. HUD’s general policy requirements 

apply to all HUD federal financial 

assistance NOFAs for Fiscal Year (FY) 

2004. These policies cover those NOFAs 

issued under HUD’s Super Notice of 

Funding Availability (SuperNOFA) (69 

FR 26941) as well as those issued after 

the SuperNOFA is published in the 

Federal Register.

Full Text of Announcement 

I. Funding Opportunity Description 

A. Program Description. In 

accordance with Section 24(a) of the 

United States Housing Act of 1937 (1937 

Act) (42 U.S.C. 1437v), the purpose of 

HOPE VI revitalization grants is to assist 

PHAs to: 

1. Improve the living environment for 

public housing residents of severely 

distressed public housing projects 

through the demolition, rehabilitation, 

reconfiguration, or replacement of 

obsolete public housing projects (or 

portions thereof); 

2. Revitalize sites (including 

remaining public housing dwelling 

units) on which such public housing 

projects are located and contribute to 

the improvement of the surrounding 

neighborhood; 

3. Provide housing that will avoid or 

decrease the concentration of very lowincome families; and 

4. Build sustainable communities. 

B. Authority. 1. The funding authority 

for HOPE VI revitalization grants under 

this HOPE VI NOFA is provided by the 

Consolidated Appropriations Act, 2004 

(Pub. L. 108–199, approved January 23, 

2004) under the heading ‘‘Revitalization 

of Severely Distressed Public Housing 

(HOPE VI).’’ 

2. The program authority for the 

HOPE VI program is Section 24 of the 

1937 Act, as amended by Section 402 of 

the HOPE VI Program Reauthorization 

and Small Community Mainstreet 

Rejuvenation and Housing Act of 2003 

(Pub. L. 108–186, approved December 

16, 2003). 

C. Definitions. 1. Developer. A 

developer is an entity contracted to 

develop (and possibly operate) a mixed 

finance development that includes 

public housing units, pursuant to 24 

CFR part 941, subpart F. A developer 

most often has an ownership interest in 

the entity that is established to own and 

operate the replacement units (e.g., as 

the general partner of a limited 

partnership). 

2. Leverage. See Section III.C.4. and 

IV.B.6.c. of this NOFA for the meaning 

of leverage. 

3. Replacement Housing. Under this 

HOPE VI NOFA, a HOPE VI 

replacement housing unit shall be 

deemed to be any combination of public 

housing rental units, eligible 

homeownership units under Section 

24(d)(1)(J) of the 1937 Act, and HCV 

assistance that does not exceed the 

number of units demolished and 

disposed of at the targeted severely 

distressed public housing project. 

4. Severely Distressed. a. In 

accordance with Section 24(j)(2) of the 

1937 Act, the term ‘‘severely distressed 

public housing’’ means a public housing 

project (or building in a project) that: 

(1) Requires major redesign, 

reconstruction, or redevelopment—or 

partial or total demolition—to correct 

serious deficiencies in the original 

design (including inappropriately high 

population density), deferred 

maintenance, physical deterioration or 

obsolescence of major systems, and 

other deficiencies in the physical plan 

of the project; 

(2) Is a significant contributing factor 

to the physical decline of, and 

disinvestment by public and private 

entities in, the surrounding 

neighborhood; 

(3) (a) Is occupied predominantly by 

families who are very low-income 

families with children, have 

unemployed members, and are 

dependent on various forms of public 

assistance; (b) has high rates of 

vandalism and criminal activity 

(including drug-related criminal 

activity) in comparison to other housing 

in the area; or (c) is lacking in sufficient 

appropriate transportation, supportive 

services, economic opportunity, 

schools, civic and religious institutions, 

or public services, resulting in severe 

social distress in the project; 

(4) Cannot be revitalized through 

assistance under other programs, such 

as the Capital Fund and Operating Fund 

programs for public housing under the 

1937 Act, or the programs under 

Sections 9 or 14 of the 1937 Act (as in 

effect before the effective date under 

Section 503(a) of the Quality Housing 

and Work Responsibility Act of 1998 

(Pub. L. 105–276, approved October 21, 

1998), because of cost constraints and 

inadequacy of available amounts; and 

(5) In the case of an individual 

building: 

(a) Is sufficiently separable from the 

remainder of the project of which the 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64137

building is part, such that the 

revitalization of the building is feasible; 

or 

(b) Was part of a project described in 

your application’s response to Section 

V.A. of this NOFA that has been legally 

vacated or demolished, but for which 

HUD has not yet provided replacement 

housing assistance (other than tenantbased assistance). ‘‘Replacement 

housing assistance’’ are funds that have 

been furnished by HUD to perform 

major rehabilitation on, or 

reconstruction of, the public housing 

units that have been legally vacated or 

demolished. 

b. For the purposes of the ‘‘severely 

distressed’’ threshold requirement, 

Replacement Housing Factor funds will 

not be considered as ‘‘replacement 

housing assistance.’’

c. A severely distressed project that 

has been legally vacated or demolished 

(but for which HUD has not yet 

provided replacement housing 

assistance, other than tenant-based 

assistance) must have met the definition 

of physical distress not later than the 

day the demolition application approval 

letter was dated by HUD. 

D. Eligible Revitalization Activities.

HOPE VI Revitalization grants may be 

used for activities to carry out 

revitalization programs for severely 

distressed public housing in accordance 

with Section 24(d) of the 1937 Act. 

Revitalization activities approved by 

HUD must be conducted in accordance 

with the requirements of this NOFA. 

The following is a list of eligible 

activities.

1. Relocation. Relocation, including 

reasonable moving expenses, for 

residents displaced as a result of the 

revitalization of the project. See 

Sections III.C., IV.B. and V.A.6. of this 

NOFA for relocation requirements. 

2. Demolition. Demolition of dwelling 

units or nondwelling facilities, in whole 

or in part, although demolition is not a 

required element of a HOPE VI 

Revitalization Plan. 

3. Disposition. Disposition of a 

severely distressed public housing site, 

by sale or lease, in whole or in part, in 

accordance with Section 18 of the 1937 

Act and implementing regulations at 24 

CFR part 970. A lease of one year or 

more that is not incident to the normal 

operation of a project is considered a 

disposition that is subject to Section 18 

of the 1937 Act. 

4. Rehabilitation and Physical 

Improvement. Rehabilitation and 

physical improvement of public housing 

and community facilities primarily 

intended to facilitate the delivery of 

community and supportive services for 

residents of the project and residents of 

off-site replacement housing, in 

accordance with 24 CFR 968.112(b), (d), 

(e), and (g)–(o) and 24 CFR 968.130 and 

968.135(b) and (d) or successor 

regulations, as applicable. 

5. Development. Development of 

public housing replacement units and 

other units (e.g., market-rate units), 

provided a need exists for such units 

and such development is performed 

with non-public housing funds. 

6. Homeownership Activities.

Assistance involving the rehabilitation 

and development of homeownership 

units. Assistance may include: 

a. Downpayment or closing cost 

assistance; 

b. Second mortgages; or 

c. Construction or permanent 

financing for new construction, 

acquisition, or rehabilitation costs 

related to homeownership replacement 

units. 

7. Acquisition. Acquisition of rental 

units, land for the development of offsite replacement units, and land for 

economic development-related 

activities. 

8. Management Improvements.

Necessary management improvements, 

including transitional security activities. 

9. Administration, Planning, Etc.

Administration, planning, technical 

assistance, and other activities 

(including architectural and engineering 

work, program management, and 

reasonable legal fees) that are related to 

the implementation of the Revitalization 

Plan, as approved by HUD. See Cost 

Control Standards in Section IV.E. of 

this NOFA. 

10. Community and Supportive 

Services (CSS). a. The CSS component 

of the HOPE VI program encompasses 

all activities that are designed to 

promote upward mobility, selfsufficiency, and improved quality of life 

for the residents of the public housing 

project involved. 

b. CSS activities. CSS activities may 

include, but are not limited to: 

(1) Educational activities that promote 

learning and serve as the foundation for 

young people from infancy through high 

school graduation, helping them to 

succeed in academia and the 

professional world. Such activities, 

which include after-school programs, 

mentoring, and tutoring, must be 

created with strong partnerships with 

public and private educational 

institutions. 

(2) Adult educational activities, 

including remedial education, literacy 

training, tutoring for completion of 

secondary or postsecondary education, 

assistance in the attainment of 

certificates of high school equivalency, 

and English as a Second Language 

courses, as needed. 

(3) Readiness and retention activities, 

which frequently are key to securing 

private sector commitments to the 

provision of jobs. 

(4) Employment training activities 

that include results-based job training, 

preparation, counseling, development, 

placement, and follow-up assistance 

after job placement. 

(5) Programs that provide entry-level, 

registered apprenticeships in 

construction, construction-related, 

maintenance, or other related activities. 

A registered apprenticeship program is 

a program that has been registered with 

either a State Apprenticeship Agency 

recognized by the Department of Labor’s 

(DOL) Office of Apprenticeship 

Training, Employer and Labor Services 

(OATELS) or, if there is no recognized 

state agency, by OATELS. See also DOL 

regulations at 29 CFR part 29. 

(6) Life skills training on topics such 

as parenting, consumer education, and 

family budgeting. 

(7) Creation and operation of credit 

unions to serve residents, including 

capitalization and technical assistance 

to foster new credit unions on-site and 

to encourage existing community credit 

unions to expand their coverage to 

include on-site coverage. 

(8) Homeownership counseling that is 

scheduled to begin promptly after grant 

award so that, to the maximum extent 

possible, qualified residents will be 

ready to purchase new homeownership 

units when they are completed. The 

Family Self-Sufficiency program can 

also be used to promote 

homeownership, providing assistance 

with escrow accounts and counseling. 

(9) Coordinating with health care 

providers or providing on-site space for 

health clinics, doctors, wellness centers, 

dentists, etc. that will primarily serve 

the public housing residents. HOPE VI 

funds may not be used to provide direct 

medical care to residents. 

(10) Substance and alcohol abuse 

treatment and counseling. 

(11) Activities that address domestic 

violence treatment and prevention.

(12) Child care services that provide 

sufficient hours of operation to facilitate 

parental access to education and job 

opportunities, serve appropriate age 

groups, and stimulate children to learn. 

(13) Transportation, as necessary, to 

enable all family members to participate 

in available CSS activities and to 

commute to their places of employment. 

(14) Entrepreneurship training and 

mentoring, with the goal of establishing 

resident-owned businesses. 

11. Leveraging. Leveraging other 

resources, including additional housing 

64138 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

resources, supportive services, job 

creation, and other economic 

development uses on or near the project 

that will benefit future residents of the 

site. 

12. SuperNOFA Reference. Section I, 

‘‘Funding Opportunity Description,’’ of 

the Notice of HUD’s Fiscal Year 2004 

Notice of Funding Availability (NOFA) 

Policy Requirements and General 

Section to the Super NOFA for HUD’s 

Discretionary Programs (SuperNOFA), 

Docket No. FR–4900-N–01, published in 

the Federal Register on May 14, 2004, 

is hereby incorporated by reference. 

II. Award Information 

A. Availability of HOPE VI Funds.

Type of assistance 

Funds available 

for award in this 

HOPE VI NOFA

(approximate) 

Revitalization Grants ........ $120,000,000 

Housing Choice Voucher 

Assistance ..................... 20,000,000 

Total ........................... 140,000,000 

1. Revitalization Grants.

Approximately $120 million of the 

FY2004 HOPE VI appropriation has 

been allocated to fund HOPE VI 

Revitalization grants and will be 

awarded in accordance with this NOFA. 

There will be approximately six awards. 

2. Housing Choice Voucher 

Assistance. Approximately $20 million 

of the HOPE VI appropriation will be 

allocated for Housing Choice Voucher 

(HCV) assistance. HCV assistance will 

be provided to HOPE VI Revitalization 

NOFA awardees. If $20 million is more 

than the amount necessary to fund the 

HOPE VI grantee’s HCV needs, the 

remaining funds will be used for other 

eligible activities under Section 24 of 

the 1937 Act. 

5. SuperNOFA Reference. Section II., 

‘‘Funding Available,’’ of the 

SuperNOFA is hereby incorporated by 

reference. 

III. Eligibility Information 

A. Eligible Applicants. 1. PHAs that 

have severely distressed housing in 

their inventory and are otherwise in 

conformance with the threshold 

requirements provided in Section III.C. 

of this NOFA. See Section IV.B.4. of this 

NOFA for threshold documentation 

requirements. 

2. Housing Choice Voucher Programs 

Only and Tribal Housing Agencies.

PHAs that only administer HCV 

programs, e.g., Section 8, HCV, and 

tribal PHAs and tribally-designated 

housing entities, are not eligible to 

apply. 

3. Troubled Status. If HUD has 

designated your housing authority as 

troubled pursuant to Section 6(j)(2) of 

the 1937 Act, HUD will use documents 

and information available to it to 

determine whether you qualify as an 

eligible applicant. In accordance with 

Section 24(j) of the 1937 Act, the term 

‘‘applicant’’ means:

a. Any PHA that is not designated as 

‘‘troubled’’ pursuant to Section 6(j)(2) of 

the 1937 Act; b. Any PHA for which a 

private housing management agent has 

been selected, or a receiver has been 

appointed, pursuant to Section 6(j)(3) of 

the 1937 Act; and c. Any PHA that is 

designated as ‘‘troubled’’ pursuant to 

Section 6(j)(2) of the 1937 Act and that: 

(1) Is designated as troubled 

principally for reasons that will not 

affect its capacity to carry out a 

revitalization program; 

(2) Is making substantial progress 

toward eliminating the deficiencies of 

the agency that resulted in its troubled 

status; or 

(3) Is otherwise determined by HUD 

to be capable of carrying out a 

revitalization program. 

B. Cost Sharing or Matching. 

1. Match Requirements.

a. Revitalization Grant Match. HUD is 

required by the Quality Housing and 

Work Responsibility Act (42 U.S.C. 

1437v(c)(1)(A)) to include the 

requirement for matching funds for all 

HOPE VI-related grants. You are 

required to have in place a match in the 

amount of 5 percent of the requested 

grant amount in cash or in-kind 

donations. Applications that do not 

demonstrate the minimum 5 percent 

match will not be considered for 

funding. 

b. Additional Community and 

Supportive Services (CSS) Match.

(1) In addition to the 5 percent 

revitalization grant match in Section a. 

above, you may be required to have in 

place a CSS match. Funds used for the 

Revitalization grant match cannot be 

used for the CSS match. 

(2) If you are selected for funding 

through this NOFA, you may use up to 

15 percent of your grant for such 

activities. However, if you propose to 

use more than 5 percent of your HOPE 

VI grant for CSS activities, you must 

have in place funds from sources other 

than HOPE VI, that match the amount 

between 5 and 15 percent of the grant 

that you will use for CSS activities. 

c. In accordance with Section 24(c) of 

the Act, for purposes of calculating the 

amount of matching funds required by 

Sections a. and b. above, you may 

include amounts from public housing 

sources other than HOPE VI 

Revitalization (such as HOPE VI 

Demolition grants and Capital Funds 

may be included). In addition, other 

federal sources, any state or local 

government source, any private 

contributions, the value of donated 

material or buildings, the value of any 

lease on a building, the value of the time 

and services contributed by volunteers, 

and the value of any other in-kind 

services or administrative costs 

provided. 

d. Match donations must be firmly 

committed. ‘‘Firmly committed’’ means 

that the amount of match resources and 

their dedication to HOPE VI 

Revitalization activities must be 

explicit, in writing, and signed by a 

person authorized to make the 

commitment. 

e. You may propose to use your own 

non-public housing grant funds to meet 

the match requirement. 

f. Matching funds must be directly 

applicable to the revitalization of the 

site and the transformation of the lives 

of residents. 

g. The PHA’s staff time is not an 

eligible cash or in-kind match. 

h. See Section IV.B.3 of this NOFA for 

match documentation requirements. 

C. Other. 

1. Thresholds. If you have not met a 

threshold, or have not included in the 

application the complete, correct, 

required documentation that 

demonstrates the threshold has been 

met, the application will not be rated or 

ranked and will be ineligible for 

funding. Threshold insufficiency cannot 

be cured after the application due date. 

See Section IV.B. of this NOFA for 

documentation requirements. 

a. One application. Each applicant 

may submit only one HOPE VI 

Revitalization application as described 

in this NOFA. If a single applicant 

submits more than one application, all 

applications will be disqualified and no 

application will be eligible for funding. 

b. Appropriateness of Proposal. In 

accordance with Section 24(e)(1) of the 

1937 Act, each application must 

demonstrate the appropriateness of the 

proposal (revitalization plan) in the 

context of the local housing market 

relative to other alternatives. You must 

briefly discuss other possible 

alternatives to your proposal and 

explain why your plan is more 

appropriate. This is a statutory 

requirement and an application 

threshold. If you do not demonstrate the 

appropriateness of the proposal 

(revitalization plan) in the context of the 

local housing market relative to other 

alternatives, your application will not 

be rated or ranked and will be ineligible 

for funding. Examples of alternative 

proposals may include:

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64139

(1) Rebuilding or rehabilitating an 

existing project or units at an off-site 

location that is in an isolated, nonresidential, or otherwise inappropriate 

area; 

(2) Proposing a range of incomes, 

housing types (rental, homeownership, 

market-rate, public housing, townhouse, 

detached house, etc.), or costs which 

cannot be supported by a market 

analysis; or 

(3) Proposing to use the land in a 

manner that is contrary to the goals of 

your agency. 

c. Contiguous, Single, and ScatteredSite Projects. Except as provided in 

sections (1) and (2) below, each 

application must target one severely 

distressed public housing project (i.e., 

with one project number).

(1) Contiguous Projects. Each 

application may request funds for more 

than one project if those projects are 

immediately adjacent to one another or 

within a quarter-mile of each other. If 

you include more than one project in 

your application, you must provide a 

map that clearly indicates that the 

projects are within a quarter-mile of 

each other. If HUD determines that they 

are not, your application will be 

ineligible for funding. 

(2) Scattered Site Projects. Your 

application may request funds to 

revitalize a scattered site public housing 

project. The sites targeted in an 

application proposing to revitalize 

scattered sites (regardless of whether the 

scattered sites are under multiple 

project numbers) must fall within an 

area with a one-mile radius. You may 

identify a larger site if you can show 

that all of the targeted scattered site 

units are located within the hard edges 

(e.g., major highways, railroad tracks, 

lakeshore, etc.) of a neighborhood. If 

you propose to revitalize a project that 

extends beyond a one-mile radius or is 

otherwise beyond the hard edges of a 

neighborhood, your application will not 

be rated or ranked and will be ineligible 

for funding. 

d. Desegregation Orders. You must be 

in full compliance with any 

desegregation or other court order and 

voluntary compliance agreements 

related to Fair Housing (e.g., Title VI of 

the Civil Rights Act of 1964, the Fair 

Housing Act, and Section 504 of the 

Rehabilitation Act of 1973) that affects 

your public housing program and that is 

in effect on the date of application 

submission. If you are not in full 

compliance with any desegregation or 

other court orders, your application will 

be ineligible for funding. 

e. Non-Public Housing Funding for 

Non-Public Housing or Replacement 

Units. If the application demonstrates 

that you are planning to use public 

housing funds, which include HOPE VI 

funds, to develop: retail or commercial 

space; economic development space 

(community building, etc.); or housing 

units that are not Replacement Housing 

(See Section I.C. of this NOFA), your 

application will not be rated or ranked 

and will be ineligible for funding. See 

Section IV.B.4. for documentation 

requirements regarding this threshold. 

f. Open Inspector General Audits. (1) 

If you have an open Inspector General 

(IG) or Government Accountability 

Office (GAO) audit finding that has not 

been resolved to HUD’s satisfaction 

before the due date of this NOFA, the 

application will not be rated or ranked 

and will be ineligible for funding. 

(2) HUD’s decision regarding whether 

a charge, lawsuit, or a letter of findings 

has been satisfactorily resolved will be 

based on whether appropriate actions 

have been taken to address the findings. 

g. Performance of Existing HOPE VI 

Grantees. (1) The application will not be 

rated or ranked and will be ineligible for 

funding if you have an existing HOPE VI 

Revitalization grant, and 

(a) The grant development is 

delinquent due to actions or inactions 

that are not beyond the control of the 

grantee; and 

(b) The grantee is not making 

substantial progress toward eliminating 

the delinquency. 

(2) ‘‘Delinquent’’ means that resident 

relocation, unit demolition, unit 

construction, unit rehabilitation, unit 

occupancy, or unit re-occupancy have 

not occurred in accordance with the 

grantee’s current Revitalization Plan. 

(3) Reasons that are beyond the 

control of the grantee include, but are 

not limited to, the following:

(a) Litigation; 

(b) Court Orders; and 

(c) Emergency and natural disasters. 

(4) HUD will use documents and 

information available to it to determine 

whether the grant is delinquent due to 

reasons that are beyond the control of 

the grantee and whether the grantee is 

making substantial progress toward 

eliminating the delinquency. 

h. Previously Funded Sites. You may 

submit a Revitalization application that 

targets a project that is being revitalized 

or replaced under an existing HOPE VI 

Revitalization grant. However, you may 

not apply for new HOPE VI 

Revitalization funds for units in that 

project that were funded by the existing 

HOPE VI Revitalization grant or other 

HUD funds which are used to achieve 

significant revitalization of units (as 

opposed to regular upkeep), even if 

those funds are inadequate to pay the 

costs to revitalize or replace all of the 

targeted units. For example, if a project 

has 700 units and you were awarded a 

HOPE VI Revitalization grant or other 

HUD public housing funds to address 

300 of those units, you may submit an 

FY2004 HOPE VI Revitalization 

application to revitalize the remaining 

400 units. You may not apply for funds 

to supplement work on the original 300 

units. If you request funds to revitalize 

units or buildings that have been funded 

by an existing HOPE VI Revitalization 

grant or other HUD funds, your 

application will not be rated or ranked 

and will be ineligible for funding. 

i. Program Schedule. Your application 

must contain a program schedule that 

provides a feasible plan to meet the 

schedule requirements of Section 

VI.B.2. of this NOFA, with no 

impediments such as litigation that 

would prevent timely startup. The 

program schedule must indicate the 

date on which the development 

proposal, i.e., whether mixed-finance 

development, homeownership 

development, etc., for each phase of the 

revitalization plan will be submitted to 

HUD. For application evaluation only, 

you should assume the following award 

and post-award dates.

Milestone Date 

Grant Award ................. April 1, 2005. 

Grant Agreement Execution.July 1, 2005. 

HUD’s written request 

for Supplemental 

Submissions.

August 1, 2005. 

HUD’s approval of Supplemental Submissions.September 1, 2005. 

If grant award takes place after 

October 1, 2004, the grantee’s program 

schedule may be changed in the 

Supplemental Submissions to account 

for the period of time between October 

1, 2004, and the actual date of grant 

award. If your application does not 

contain a program schedule, as 

described above, the application will 

not be rated or ranked and will be 

ineligible for funding. 

j. Separability. In accordance with 

Section 24(j)(2)(A)(v) of the 1937 Act, if 

you propose to target only a portion of 

a project for revitalization, you must: 

(1) Demonstrate to HUD’s satisfaction 

that the severely distressed public 

housing is sufficiently separable from 

the remainder of the project of which 

the building is part to make use of the 

building feasible for revitalization. 

Separations may include a road, berm, 

catch basin, or other recognized 

neighborhood distinction. 

(2) Demonstrate that the site plan and 

building designs of the revitalized 

64140 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

portion will provide defensible space 

for the occupants of the revitalized 

building(s) and that the properties that 

remain will not have a negative 

influence on the revitalized buildings(s), 

either physically or socially. 

(3) If your application does not 

demonstrate separability, your 

application will not be rated or ranked 

and will be ineligible for funding. 

k. Severe Distress of Target Project. 

The targeted public housing project or 

building in a project targeted by a HOPE 

VI Revitalization application must be 

severely distressed. See Section I.C. of 

this NOFA for the definition of 

‘‘severely distressed.’’ If the targeted 

project or building is not severely 

distressed, your application will not be 

rated or ranked and will be ineligible for 

funding. 

l. Site Control. (1) If you propose to 

develop off-site housing in any phase of 

your proposed revitalization plan, you 

MUST provide evidence in your 

application that you (not your 

developer) have site control of the 

property(ies). 

(2) Site control may only be 

contingent upon: 

(a) The receipt of the HOPE VI grant; 

(b) Satisfactory compliance with the 

environmental review requirements of 

this NOFA; and 

(c) The site and neighborhood 

standards in Section III.C.4. of this 

NOFA. 

(3) If you demonstrate site control 

through an option to purchase, the 

option must extend for at least 180 days 

after the application due date. 

(4) If you propose to develop off-site 

housing and you do not provide 

acceptable evidence of site control, your 

ENTIRE application will not be rated or 

ranked and will be ineligible for 

funding.

m. Zoning Approval. (1) If you are 

proposing to use off-site parcels of land 

for housing development or other uses 

that, until this point in time have been 

zoned for a purpose different than the 

one proposed in your revitalization 

plan, your application must include: 

(a) A certification from the 

appropriate local official documenting 

that all required zoning approvals have 

been secured for such parcels; or 

(b) The actual zoning approval 

document(s) for the parcel(s). 

(2) If you are proposing to use off-site 

parcels of land for housing development 

or other uses and those parcels are 

already zoned for your chosen use, your 

application must include a certification 

signed by the executive director stating 

that all current zoning allows all 

proposed HOPE VI activities. 

(3) For example, if you propose to 

develop housing on land that is 

currently zoned as parkland, you must 

provide evidence in the application that 

the zoning change has been secured to 

permit housing development. If you 

propose to keep the land as parkland, 

you must provide a certification in the 

application that the zoning is for 

parkland. 

(4) If zoning approval/certification is 

not properly included in your 

application, the application will not be 

rated or ranked and will be ineligible for 

funding. 

n. Requirements and Procedures 

Applicable to All Programs: (1) 

SuperNOFA References. The following 

subsections of Section III.C. of the 

SuperNOFA are hereby incorporated by 

reference: 

(a) Dun and Bradstreet Data Universal 

Numbering System (DUNS) Number 

Requirement; 

(b) Compliance with Fair Housing and 

Civil Rights Laws; 

(c) Conducting Business In 

Accordance with Core Values and 

Ethical Standards; 

(d) Delinquent Federal Debts; 

(e) Name Check Review; 

(f) False Statements; 

(g) Prohibition Against Lobbying 

Activities; 

(h) Debarment and Suspension. 

(i) Statutory and Regulatory 

Requirements; and 

(j) Ineligible Applicants. 

(2) Salary Limitation for Consultants. 

FY2004 funds may not be used to pay 

or to provide reimbursement for 

payment of the salary of a consultant 

whether retained by the federal 

government or the grantee at more than 

the daily equivalent of the rate paid for 

level IV of the Executive Schedule, 

unless specifically authorized by law. 

2. Thresholds—Applicant 

Certifications Covered by the Standard 

Form 424. By signing and submitting 

the Application for Federal Assistance, 

Standard Form 424, you are certifying to 

all of the thresholds listed in this 

section. A false statement in an 

application is grounds for denial or 

termination of an award and grounds for 

possible punishment as provided in 18 

U.S.C. 1001, 1010, and 1012, and 32 

U.S.C. 3729 and 3802. See Section IV.B. 

of this NOFA for any documentation 

requirements related to these 

certifications. a. If you have not met a 

threshold on or before the application 

due date, or have not included in the 

application the complete, correct, 

required documentation that 

demonstrates the threshold has been 

met, the application will not rated or 

ranked and will be ineligible for 

funding. For these thresholds, 

insufficiency cannot be cured after the 

application due date. See Section IV.B. 

of this NOFA for documentation 

requirements. 

(1) Selection of Developer. You must 

certify that: 

(a) You have initiated an RFQ by the 

application due date for the competitive 

procurement of a developer for your 

first phase of construction, in 

accordance with 24 CFR 85.36 and 24 

CFR 941.602(d) (as applicable). If you 

change developers after you are selected 

for funding, HUD reserves the right to 

rescind the grant; or 

(b) You will act as your own 

developer for the proposed project. If 

you change your plan and procure an 

outside developer after you are selected 

for funding, HUD reserves the right to 

rescind the grant. 

(2) Resident Involvement in 

Revitalization Program. 

You must certify that you have 

involved affected public housing 

residents at the beginning and during 

the planning process for the 

revitalization program, prior to 

submission of your application. If you 

have not included affected residents 

your application will not be rated or 

ranked and will be ineligible for 

funding. See Section III.C.4. of this 

NOFA for minimum training and 

meeting requirements and Section IV.B. 

of this NOFA for documentation 

requirements. 

b. Omission of any of the mandatory 

documentation listed in Section IV.B. of 

this NOFA is considered a Technical 

Deficiency and must be cured 

(corrected) within the cure period stated 

in Section IV.B. of the SuperNOFA. 

Applications that remain deficient after 

the cure period will not be rated or 

ranked and will be ineligible for 

funding. 

(1) Operation and Management 

Principles and Policies Certification. 

You must certify that you will 

implement the Operation and 

Management Principles and Policies 

stated in Section III.C.4.h. of this NOFA. 

(2) Relocation Plan Certification.

(a) You must certify that the HOPE VI 

Relocation Plan has been completed and 

that it conforms to the Uniform 

Relocation Assistance and Real Property 

Acquisition Policies Act of 1970 (URA) 

requirements as described in Section 

V.A.6. of this NOFA. 

(b) If relocation was completed (i.e., 

the targeted public housing site is 

vacant) as of the application due date, 

rather than certifying that the HOPE VI 

Relocation Plan has been completed, 

you certify that the relocation was 

completed. 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64141

(3) Resident Involvement in the 

Revitalization Program Certification. 

You must certify that resident training 

sessions and public meetings were held 

and that you involved affected public 

housing residents at the beginning and 

during the planning process for the 

revitalization program prior to 

submission of an application. 

(4) Standard Certifications. The last 

part of your application will be 

comprised of standard certifications 

common to many HUD programs. 

Required forms must be included in the 

HOPE VI application and will be 

available over the Internet at http://

www.hud.gov/offices/adm/grants/

otherhud.cfm.

3. Thresholds—Third-Party 

Certifications. The following third-party 

certifications must be included in your 

application. a. If you have not included 

in the application, on or before the 

application due date, the complete, 

correct, required documentation that 

demonstrates the threshold has been 

met, the application will not rated or 

ranked and will be either ineligible for 

funding or have its funding limited, 

based upon the threshold. For these 

thresholds, insufficiency regarding these 

thresholds cannot be cured after the 

application due date. See Section IV.B. 

of this NOFA for any documentation 

requirements related to these 

certifications. 

(1) Cost Control Standards. Your cost 

estimates must be certified to meet the 

cost control standards stated in Section 

IV.E. by an independent cost estimator, 

architect, engineer, contractor, or other 

qualified third party professional. If 

your costs are not certified, your 

application will not be rated or ranked 

and will be ineligible for funding. 

(2) Severely Distressed Certification. 

You must certify that the target project 

is severely distressed. In order to certify 

to severe physical distress, your 

application must include a certification 

that is signed by an engineer or architect 

licensed by a state licensing board. The 

license does not need to have been 

issued in the same state as the severely 

distressed project. The engineer or 

architect must include his or her license 

number and state of registration on the 

certification. The engineer or architect 

may not be an employee of the housing 

authority or the city. A Certification of 

Severe Physical Distress is provided on 

the Internet at http://www.hud.gov/

offices/adm/grants/otherhud.cfm.

b. Omission of any of the mandatory 

documentation listed in this section is 

considered a technical deficiency and 

must be cured (corrected) within the 

cure period stated in Section IV.B.4. of 

the SuperNOFA. Applications that 

remain deficient after the cure period 

will not be rated or ranked and will be 

ineligible for funding. See Section IV.B. 

of this NOFA for any documentation 

requirements related to these 

certifications. 

(1) Market-rate Housing: Market 

Assessment Certification. If you include 

market-rate housing, community 

facilities (if market-driven, e.g., a YMCA 

or a community facility that is primarily 

intended to facilitate the delivery of 

community and supportive services for 

residents of the targeted severely 

distressed public housing project and of 

off-site replacement housing does not 

need to be addressed in the market 

assessment letter), economic 

development, and retail structures in 

your Revitalization Plan, you must 

provide a certification by an 

independent, third party, credentialed 

market research firm, or professional 

that describes its assessment of the 

demand and associated pricing structure 

for the proposed residential units and 

any community facilities, economic 

development, and retail structures, 

based on the market and economic 

conditions of the project area. 

(2) HOPE VI Revitalization Applicant 

Certifications. You must include in your 

application a certification from the 

Chairman of your Board of 

Commissioners to the requirements 

listed in the HOPE VI Revitalization 

Applicant Certifications. This 

certification is provided on the Internet 

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

grants/otherhud.cfm.

4. Program Requirements.

a. Demolition. (1) You may not carry 

out nor permit others to carry out the 

demolition of the project or any portion 

of the project until HUD approves, in 

writing, one of the following, and until 

HUD has also approved a Request for 

Release of Funds submitted in 

accordance with 24 CFR part 58 or, if 

HUD performs an environmental review 

under 24 CFR part 50, until HUD has 

approved in writing the property for 

demolition following its environmental 

review. 

(a) Information in your HOPE VI 

Revitalization Application, along with 

Supplemental Submissions requested by 

HUD after the award of the grant. 

Section 24(g) of the 1937 Act provides 

that severely distressed public housing 

demolished pursuant to a Revitalization 

Plan is not required to be approved by 

a demolition application under Section 

18 of the 1937 Act or regulations at 24 

CFR part 970. If you do not receive a 

HOPE VI Revitalization grant, the 

information in your application will not 

be used to process a request for 

demolition; 

(b) A demolition application under 

Section 18 of the 1937 Act. While a 

Section 18 approval is not required by 

HOPE VI demolition, you will not have 

to wait for demolition approval through 

your supplemental submissions, as 

described in Section (a) above; or

(c) A Section 202 Mandatory 

Conversion Plan, in compliance with 

regulations at 24 CFR part 971 and other 

applicable HUD requirements, if the 

project is subject to Mandatory 

Conversion (Section 202 of the Omnibus 

Consolidated Rescissions and 

Appropriations Act of 1996 Pub. L. 104–

134, approved on April 26, 1996). A 

Mandatory Conversion Plan concerns 

the removal of a public housing project 

from a PHA’s inventory. 

b. Development. (1) For any standard 

(non-mixed finance) public housing 

development activity (whether on-site 

reconstruction or off-site development), 

you must obtain HUD approval of a 

standard development proposal 

submitted under 24 CFR part 941 (or 

successor part). 

(2) For mixed-finance housing 

development, you must obtain HUD 

approval of a mixed finance proposal, 

submitted under 24 CFR part 941, 

subpart F (or successor part and 

subpart). 

(3) For new construction of 

community facilities primarily intended 

to facilitate the delivery of community 

and supportive services for residents of 

the project and residents of off-site 

replacement housing, you must comply 

with 24 CFR part 941 (or successor 

part). Information required for this 

activity must be included in either a 

standard or mixed finance development 

proposal, as applicable. 

c. Homeownership. (1) For 

homeownership replacement units 

developed under a Revitalization Plan, 

you must obtain HUD approval of a 

homeownership proposal. Your 

homeownership proposal must conform 

to either: 

(a) Section 24(d)(1)(J) of the 1937 Act; 

or 

(b) Section 32 of the 1937 Act (see 24 

CFR part 906). Additional information 

on this option may be found at http://

www.hud.gov/offices/pih/centers/sac/

homeownership.

(2) The homeownership proposal 

must be consistent with the 80 percent 

of Area Median Income (AMI) 

limitations and any other applicable 

provisions under the 1937 Act. (HUD 

publishes AMI tables for each family 

size in each locality annually. The 

income limit tables can be found at 

http://www.huduser.org/datasets/il/

il04/index.html.) 

64142 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

d. Acquisition. (1) Acquisition 

Proposal. Before you undertake any 

acquisition activities with HOPE VI or 

other public housing funds, you must 

obtain HUD approval of an acquisition 

proposal that meets the requirements of 

24 CFR 941.303. 

(2) Rental Units. For acquisition of 

rental units in existing or new 

apartment buildings, single family 

subdivisions, etc., with or without 

rehabilitation, for use as public housing 

replacement units, you must obtain 

HUD approval of a Development 

Proposal in accordance with 24 CFR 

941.304 (conventional development) or 

24 CFR 941.606 (mixed finance 

development). 

(2) Land for Off-Site Replacement 

Units. For acquisition of land for public 

housing or homeownership 

development, you must comply with 24 

CFR part 941 or successor part. 

(3) Land for Economic DevelopmentRelated Activities. 

(a) Acquisition of land for this 

purpose is eligible only if the economic 

development-related activities 

specifically promote the economic selfsufficiency of residents. 

(b) Limited infrastructure and site 

improvements associated with 

developing retail, commercial, or office 

facilities, such as rough grading and 

bringing utilities to (but not on) the site 

are eligible activities with prior HUD 

approval. 

e. Access to Services. For both on-site 

and any off-site units, your overall 

Revitalization Plan must result in 

increased access to municipal services, 

jobs, mentoring opportunities, 

transportation, and educational 

facilities; i.e., the physical plan and selfsufficiency strategy must be wellintegrated and strong linkages must be 

established with the appropriate federal, 

state, and local agencies, nonprofit 

organizations, and the private sector to 

achieve such access. 

f. Building Standards. (1) Building 

Codes. All activities that include 

construction, rehabilitation, lead-based 

paint removal, and related activities 

must meet or exceed local building 

codes. You are encouraged to read the 

policy statement and final report of the 

HUD Review of Model Building Codes 

that identifies the variances between the 

design and construction requirements of 

the Fair Housing Act and several model 

building codes. That report can be 

found on the HUD Web site at http://

www.hud.gov/fhe/modelcodes. 

(2) Deconstruction. HUD encourages 

you to design programs that incorporate 

sustainable construction and demolition 

practices, such as the dismantling or 

‘‘deconstruction’’ of public housing 

units, recycling of demolition debris, 

and reusing of salvage materials in new 

construction. ‘‘A Guide to 

Deconstruction’’ can be found at http:/

/www.hud.gov/deconstr.pdf.

(3) Partnership for Advancing 

Technology in Housing (PATH). HUD 

encourages you to use PATH 

technologies in the construction and 

delivery of replacement housing. PATH 

is a voluntary initiative that seeks to 

accelerate the creation and widespread 

use of advanced technologies to 

radically improve the quality, 

durability, environmental performance, 

energy efficiency, and affordability of 

our Nation’s housing. 

(a) PATH’s goal is to achieve dramatic 

improvement in the quality of American 

housing by the year 2010. PATH 

encourages leaders from the home 

building, product manufacturing, 

insurance and financial industries, and 

representatives from federal agencies 

dealing with housing issues to work 

together to spur housing design and 

construction innovations. PATH will 

provide technical support in design and 

cost analysis of advanced technologies 

to be incorporated in project 

construction. 

(b) Applicants are encouraged to 

employ PATH technologies to exceed 

prevailing national building practices 

by: 

(i) Reducing costs; 

(ii) Improving durability; 

(iii) Increasing energy efficiency; 

(iv) Improving disaster resistance; and 

(v) Reducing environmental impact. 

(c) More information, the list of 

technologies, the latest PATH 

Newsletter, results from field 

demonstrations, and PATH projects can 

be found at http://www.pathnet.org. 

(4) Energy Efficiency. (a) New 

construction must comply with the 

latest HUD-adopted Model Energy Code 

issued by the Council of American 

Building Officials. 

(b) HUD encourages you to set higher 

standards for energy and water 

efficiency in HOPE VI new construction, 

which can achieve utility savings of 30 

to 50 percent with minimal extra cost. 

(c) You are encouraged to negotiate 

with your local utility company to 

obtain a lower rate. Utility rates and tax 

laws vary widely throughout the 

country. In some areas, PHAs are 

exempt or partially exempt from utility 

rate taxes. Some PHAs have paid 

unnecessarily high utility rates because 

they were billed at an incorrect rate 

classification.

(d) Local utility companies may be 

able to provide grant funds to assist in 

energy efficiency activities. States may 

also have programs that will assist in 

energy efficient building techniques. 

(e) You must use new technologies 

that will conserve energy and decrease 

operating costs where cost effective. 

Examples of such technologies include: 

(i) Geothermal heating and cooling; 

(ii) Placement of buildings and size of 

eaves that take advantage of the 

directions of the sun throughout the 

year; 

(iii) Photovoltaics (technologies that 

convert light into electrical power); 

(iv) Extra insulation; 

(v) Smart windows; and 

(vi) Energy Star appliances. 

(5) Universal Design. HUD encourages 

you to incorporate the principles of 

universal design in the construction or 

rehabilitation of housing, retail 

establishments, and community 

facilities, or when communicating with 

community residents at public meetings 

or events. 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. Examples include 

designing wider doorways, installing 

levers instead of doorknobs, and putting 

bathtub/shower grab bars in all units. 

Computers and telephones can also be 

set up in ways that enable as many 

residents as possible to use them. The 

Department has a publication that 

contains a number of ideas about how 

the principles of Universal Design can 

benefit persons with disabilities. To 

order a copy of Strategies for Providing 

Accessibility and Visitability for HOPE 

VI and Mixed Finance Homeownership, 

go to the publications and resource page 

of the HOPE VI Web site at http://

www.huduser.org/publications/pubasst/

strategies.html. 

(6) Energy Star. HUD has adopted a 

wide-ranging energy action plan for 

improving energy efficiency in all 

program areas. As a first step in 

implementing the energy plan, HUD, the 

Environmental Protection Agency 

(EPA), and the Department of Energy 

(DoE) have signed a joint partnership to 

promote energy efficiency in HUD’s 

affordable housing efforts and programs. 

The purpose of the Energy Star 

partnership is to promote energy 

efficiency of the affordable housing 

stock, but also to help protect the 

environment. Applicants constructing, 

rehabilitating, or maintaining housing or 

community facilities are encouraged to 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64143

promote energy efficiency in design and 

operations. They are urged especially to 

purchase and use Energy Star-labeled 

products. Applicants providing housing 

assistance or counseling services are 

encouraged to promote Energy Star 

building by homebuyers and renters. 

Program activities can include 

developing Energy Star promotional and 

information materials, outreach to lowand moderate-income renters and 

buyers on the benefits and savings when 

using Energy Star products and 

appliances, and promoting the 

designation of community buildings and 

homes as Energy Star compliant. For 

further information about Energy Star, 

see http://www.energystar.gov or call 

888–STAR–YES (888–782–7937), or for 

the hearing-impaired, call 888–588–

9920 TTY. See also the energy efficiency 

requirements in Section III.C.4. of this 

NOFA. 

(7) Lead-Based Paint. You must 

comply with lead-based paint 

evaluation and reduction requirements 

as provided for under the Lead-Based 

Paint Poisoning Prevention Act (42 

U.S.C. 4821, et seq.). You also must 

comply with regulations at 24 CFR part 

35, 24 CFR 965.701, and 24 CFR 

968.110(k), as they may be amended or 

revised from time to time. Unless 

otherwise provided, you will be 

responsible for lead-based paint 

evaluation and reduction activities. The 

National Lead Information Hotline is 

800–424–5323. 

g. Labor Standards. The following 

standards must be implemented as 

appropriate in regard to HOPE VI grants. 

(1) Labor Standards. 

(a) Davis-Bacon wage rates apply to 

development of any public housing 

rental units or homeownership units 

developed with HOPE VI grant funds 

and to demolition followed by 

construction on the site. Davis-Bacon 

rates are ‘‘prevailing’’ minimum wage 

rates set by the Secretary of Labor that 

all laborers and mechanics employed in 

the development, including 

rehabilitation other than routine 

maintenance of a public housing project 

must be paid, as set forth in a wage 

determination that the PHA must obtain 

prior to bidding on each construction 

contract. The wage determination and 

provisions requiring payment of these 

wage rates must be included in the 

construction contract; 

(b) HUD-determined wage rates apply 

to: 

(i) Operation (including nonroutine 

maintenance) of revitalized housing, 

and 

(ii) Demolition followed only by 

filling in the site and establishing a 

lawn. 

(2) Exclusions. Under Section 12(b) of 

the 1937 Act, wage rate requirements do 

not apply to individuals who: 

(a) Perform services for which they 

volunteered; 

(b) Do not receive compensation for 

those services or are paid expenses, 

reasonable benefits, or a nominal fee for 

the services; 

(c) Are not otherwise employed in the 

work involved (24 CFR part 70).

(3) If other federal programs are used 

in connection with your HOPE VI 

activities, labor standards requirements 

apply to the extent required by the other 

federal programs on portions of the 

project that are not subject to DavisBacon rates under the 1937 Act. 

h. Operation and Management 

Policies and Principles. (1) You and 

your procured property manager, if 

applicable, must comply (to the extent 

required) with the provisions of 24 CFR 

part 966 in planning for the 

implementation of the operation and 

management principles and policies 

described below. 

(a) Rewarding work and promoting 

family stability by promoting positive 

incentives such as income disregards 

and ceiling rents; 

(b) Instituting a system of local 

preferences adopted in response to local 

housing needs and priorities, e.g., 

preferences for victims of domestic 

violence, residency preferences, and 

disaster victims; 

(c) Encouraging self-sufficiency by 

including lease requirements that 

promote involvement in the resident 

association, performance of community 

service, participation in self-sufficiency 

activities, and transitioning from public 

housing; 

(d) Implementing site-based waiting 

lists for the redeveloped public housing 

and following project-based 

management principles; 

(e) Instituting strict applicant 

screening requirements such as credit 

checks, references, home visits, and 

criminal records checks; 

(f) Strictly enforcing lease and 

eviction provisions; 

(g) Improving the safety and security 

of residents through the implementation 

of defensible space principles and the 

installation of physical security systems 

such as surveillance equipment, control 

engineering systems, etc; 

(h) Enhancing ongoing efforts to 

eliminate drugs and crime from 

neighborhoods through collaborative 

efforts with federal, state, and local 

crime prevention programs and entities 

such as: 

(i) Local law enforcement agencies; 

(ii) Your local United States Attorney; 

(iii) The Weed and Seed Program, if 

the targeted project is located in a 

designated Weed and Seed area. 

Operation Weed and Seed is a multiagency strategy that ‘‘weeds out’’ violent 

crime, gang activity, drug use, and drug 

trafficking in targeted neighborhoods 

and then ‘‘seeds’’ the target area by 

restoring these neighborhoods through 

social and economic revitalization. Law 

enforcement activities constitute the 

‘‘weed’’ portion of the program. 

Revitalization, which includes 

prevention, intervention, and treatment 

services as well as neighborhood 

restoration, constitutes the ‘‘seed’’

element. For more information, see the 

Community and Safety and 

Conservation Web site at http://

www.hud.gov/offices/pih/divisions/

cscd/. 

i. Non-Fungibility for MTW PHAs.

Funds awarded under this NOFA are 

not fungible under MTW agreements 

and must be accounted for separately, in 

accordance with the HOPE VI 

Revitalization Grant Agreement, the 

requirements in Section III.C.4.m. of the 

SuperNOFA, entitled, ‘‘OMB Circulars 

and Government-wide Regulations 

Applicable to Financial Assistance 

Programs,’’ and GAAP. 

j. Resident and Community 

Involvement. (1) General. You are 

required to involve the affected public 

housing residents, state and local 

governments, private service providers, 

financing agencies, and developers in 

the planning process, proposed 

implementation, and management of 

your Revitalization Plan. This 

involvement must be continuous from 

the beginning of the planning process 

through the implementation and 

management of the grant, if awarded. 

(2) Resident Training Session. You 

must conduct at least one training 

session for residents of the severely 

distressed project on the HOPE VI 

development process. HUD does not 

prescribe the content of this meeting. 

(3) Public Meetings. (a) You must 

conduct at least three public meetings 

with residents and the broader 

community, in order to involve them in 

a meaningful way in the process of 

developing the Revitalization Plan and 

preparing the application. One of these 

meetings must have taken place at the 

beginning of the planning process. 

(b) These three public meetings must 

take place on different days from each 

other and from the resident training 

session. 

(c) During the course of the three 

meetings, you must address the 

following issues listed below (i.e., all 

issues need not be addressed at each 

meeting): 

(i) The HOPE VI planning and 

implementation process; 

64144 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

(ii) The proposed physical plan, 

including site and unit design, and 

whether the unit design is in 

compliance with Fair Housing Act and 

UFAS standards; 

(iii) The extent of proposed 

demolition; 

(iv) Planned community and 

supportive service activities; 

(v) Other proposed revitalization 

activities; 

(vi) Relocation issues, including 

relocation planning, mobility 

counseling, and maintaining the HOPE 

VI community planning process during 

the demolition and reconstruction 

phases where temporary relocation is 

involved; 

(vii) Reoccupancy plans and policies, 

including site-based waiting lists; and 

(viii) Section 3 and employment 

opportunities to be created as a result of 

redevelopment activities. 

(4) Accessibility. All training sessions 

and meetings must be held in facilities 

that are accessible to persons with 

disabilities, provide services such as 

day care, transportation, and sign 

language interpreters as appropriate, 

and as practical and applicable, be 

conducted in English and the 

language(s) most appropriate for the 

community. 

(5) Allowable Time Period for 

Training and Meetings. 

(a) At least one public meeting, which 

included representation from both the 

involved public housing residents and 

the community, must have been held at 

the beginning of the revitalization 

planning period; 

(b) At least one training session must 

have been held after the publication 

date of this NOFA in the Federal 

Register; and 

(c) The minimum of two more public 

meetings must have been held after the 

publication date of this NOFA in the 

Federal Register. 

(d) The above minimum number of 

trainings and meetings are required to 

meet the Resident Involvement 

threshold in Section III.C. of this NOFA. 

Additional meetings and trainings will 

be counted toward demonstration of 

continual inclusion of the residents and 

community in the rating factors. 

k. CSS Program Requirements. (1) 

Term Period. CSS programs and services 

must last for the life of the grant and 

must be carefully planned so that they 

will be sustainable after the HOPE VI 

grant period ends. 

(2) Allowed Funding Mechanisms:

(a) Maximum CSS grant amount. 

Consistent with Section 24(j)(3) of the 

1937 Act, you may use up to 15 percent 

of the total HOPE VI grant to pay the 

costs of CSS activities. See Section 

III.B.1. of this NOFA for CSS grant 

matching requirements. You may spend 

additional sums on CSS activities using 

donations, other HUD funds made 

available for that purpose (leverage), or 

other PHA funds. 

(b) CSS Endowment Trust. Consistent 

with Section 24(d)(2) of the 1937 Act, 

you may deposit up to 15 percent of 

your HOPE VI grant (the maximum 

amount of the award allowable for CSS 

activities) into an endowment trust to 

provide CSS activities. In order to 

establish an endowment trust, you must 

first execute with HUD a HOPE VI 

Endowment Trust Addendum to the 

grant agreement. When reviewing your 

request to set up an endowment trust, 

HUD will take into consideration your 

ability to pay for current CSS activities 

with HOPE VI or other funds and the 

projected long-term sustainability of the 

endowment trust to carry out those 

activities. 

(3) CSS Team and Partners. (a) The 

term ‘‘CSS Team’’ refers to PHA staff 

members and any consultants who will 

have the responsibility to design, 

implement, and manage your CSS 

program. 

(b) The term ‘‘CSS Partners’’ refers to 

the agencies and organizations that you 

will work with to provide supportive 

services for residents. A partner could 

be a local service organization such as 

a Boys or Girls Club that donates its 

building and staff to the program, or an 

agency such as the local TANF agency 

that works with you to ensure that their 

services are coordinated and 

comprehensive. 

(c) Partner Agreements. There are 

several relationships that you may have 

with your partners: 

(i) Subgrant Agreements. You may 

enter into subgrant agreements with 

nonprofit organizations or state or local 

governments for the performance of CSS 

activities in accordance with your 

approved CSS work plan. 

(ii) Contracts. You may enter into a 

contract with for-profit businesses, 

nonprofit organizations, or state or local 

governments for the performance of CSS 

activities in accordance with your 

approved CSS work plan. 

(iii) Memoranda of Understanding 

(MOU). You may enter into an MOU 

with any entity that furnishes CSS 

services for the performance of activities 

in accordance with your approved CSS 

work plan. However, if money is to 

change hands, the MOU must be 

codified with a contract or subgrant. 

(iv) Informal Relationships. You may 

accept assistance from partners without 

prior documentation of your partner 

relationship. However, informal 

relationships do not lend themselves to 

planning and should definitely be 

codified with a contract or subgrant if 

money changes hands. 

(4) Tracking and Case Management. If 

selected, the grantee is responsible for 

tracking and providing CSS programs 

and services to residents currently 

living on the targeted public housing 

site and residents already relocated from 

the site. It is imperative that case 

management services begin immediately 

upon award so that residents who will 

be relocated have time to participate in 

and benefit from CSS activities before 

leaving the site, and that residents who 

have already been relocated are able to 

participate in and benefit from CSS 

activities. 

(5) CSS Strategy and Objectives 

Requirements (a) Transition to Housing 

Self-Sufficiency. One of HUD’s major 

priorities is to assist public housing 

residents in their efforts to become 

financially self-sufficient and less 

dependent upon direct government 

housing assistance. Your CSS program 

must include a well-defined, 

measurable endeavor that will enable 

public housing residents to transition to 

other affordable housing programs and 

to market housing. FSS and CSS 

activities that are designed to increase 

education and income levels are 

considered a part of this endeavor, as is 

the establishment of reasonable limits 

on the length of time any resident can 

reside in a public housing unit within 

a HOPE VI Revitalization Development. 

(b) Neighborhood Networks. All 

FY2004 Revitalization grantees will be 

required to establish Neighborhood 

Networks Centers (NCC). This program 

provides residents with on-site access to 

computer and training resources that 

create knowledge and experience with 

computers and the Internet as tools to 

increase access to CSS, job training, and 

the job market. Grantees may use HOPE 

VI funds to establish NCCs. More 

information on the requirements of the 

NCC program is available on the 

Neighborhood Networks Web site at 

http://www.hud.gov/nnw/

nnwindex.html. There will not be a 

separate FY2004 funded NOFA for 

HOPE VI Neighborhood Networks 

programs. 

(c) Quantifiable Goals. The objectives 

of your CSS program must be resultsoriented, with quantifiable goals and 

outcomes that can be used to measure 

progress and make changes in activities 

as necessary. 

(d) Appropriate Scale and Type. 

(i) CSS activities must be of an 

appropriate scale, type, and variety to 

meet the needs of all residents 

(including adults, seniors, youth ages 16 

to 21, and children) of the severely 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64145

distressed project, including residents 

remaining on-site, residents who will 

relocate permanently to other PHA units 

or Housing Choice Voucher-assisted 

housing, residents who will relocate 

temporarily during the construction 

phase, and new residents of the 

revitalized units. 

(ii) Non-public housing residents may 

also participate in CSS activities, as long 

as the primary participants in the 

activities are residents as described in 

Section (i) above. 

(e) Coordination. (i) CSS activities 

must be consistent with state and local 

welfare reform requirements and goals. 

(ii) Your CSS activities must be 

coordinated with the efforts of other 

service providers in your locality, 

including nonprofit organizations, 

educational institutions, and state and 

local programs. 

(iii) CSS activities must be wellintegrated with the physical 

development process, both in terms of 

timing and the provision of facilities to 

house on-site service and educational 

activities. 

(f) Your CSS program must provide 

appropriate community and supportive 

services to residents prior to any 

relocation. 

l. CSS Partnerships and Resources.

The following are the kinds of 

organizations and agencies that can 

provide you with resources necessary to 

carry out and sustain your CSS 

activities. Note that in order to count as 

leverage, these funds must be newly 

generated. Existing and newly generated 

TANF cash benefits will not count as 

leverage. Newly generated non-cash 

services provided by TANF agencies 

will count as leverage. 

(1) Local Boards of Education, public 

libraries, local community colleges, 

institutions of higher learning, nonprofit 

or for-profit educational institutions, 

and public/private mentoring programs 

that will lead to new or improved 

educational facilities and improved 

educational achievement of young 

people in the revitalized development, 

from birth through higher education.

(2) TANF agencies/welfare 

departments for TANF and non-TANF 

in-kind services, and non-TANF cash 

donations, e.g., donation of TANF 

agency staff. Note that TANF cash 

benfits themselves will not be counted 

as leverage. 

(3) Job development organizations 

that link private sector or nonprofit 

employers with low-income prospective 

employees. 

(4) Workforce Development Agencies. 

(5) Organizations that provide 

residents with job readiness and 

retention training and support. 

(6) Economic development agencies 

such as the Small Business 

Administration, which provide 

entrepreneurial training and small 

business development centers. 

(7) National corporations, local 

businesses, and other large institutions 

such as hospitals that can commit to 

provide entry-level jobs. Employers may 

agree to train residents or commit to 

hire residents after they complete jobs 

preparedness or training programs that 

are provided by you, other partners, or 

the employer itself. 

(8) Programs that integrate 

employment training, education, and 

counseling, and where creative 

partnerships with local boards of 

education, state charter schools, TANF 

agencies, foundations, and private 

funding sources have been or could be 

established, such as: 

(a) Youthbuild. HUD’s Youthbuild 

program provides grants to 

organizations that provide education 

and job training to young adults ages 16 

to 24 who have dropped out of school. 

Participants spend half their time 

rehabilitating low-income housing and 

the other half in educational programs. 

Youthbuild provides a vehicle for 

achieving compliance with the objective 

of Section 3, as described in Section 

III.C.4.c. of the SuperNOFA. More 

information on HUD’s Youthbuild 

program can be found at http://

www.hud.gov/progdesc/youthb.cfm.

(b) Step-Up, an apprenticeship-based 

employment and training program that 

provides career potential for lowincome persons by enabling them to 

work on construction projects that have 

certain prevailing wage requirements. 

Step-Up encourages work by offering 

apprenticeships through which lowincome participants earn wages while 

learning skills on the job, supplemented 

by classroom-related instruction. StepUp can also contribute to a PHA’s effort 

to meet the requirements of Section 3. 

More information can be found at

http://www.hud.gov/

progdesc/stepup.cfm.

(9) Sources of capital such as 

foundations, banks, credit unions, and 

charitable, fraternal, and business 

organizations. 

(10) Nonprofit organizations such as 

the Girl Scouts and the Urban League, 

both of which have Memoranda of 

Agreement (MOA) with HUD. Copies of 

these MOAs can be found on the 

Community and Supportive Services 

page of the HOPE VI Web site at

http://www.hud.gov/hopevi.

(11) Civil rights and fair housing 

organizations. 

(12) Local area agencies on aging. 

(13) Local agencies and organizations 

serving persons with disabilities. 

(14) Nonprofit organizations such as 

grassroots faith-based and other 

community-based organizations. HUD 

encourages you to partner or subgrant 

with nonprofit organizations, including 

grassroots faith-based and other 

community-based organizations, to 

provide CSS activities. Such 

organizations have a strong history of 

providing vital community services 

such as job training, childcare, 

relocation supportive services, youth 

programs, technology training, 

transportation, substance abuse 

programs, crime prevention, health 

services, assistance to the homeless and 

homelessness prevention, counseling 

individuals and families on fair housing 

rights, providing elderly housing 

opportunities, and homeownership and 

rental housing opportunities in the 

neighborhood of their choice. HUD 

believes that grassroots organizations, 

e.g., civic organizations, faithcommunities, national and local selfhelp homeownership organizations, 

faith-based, and other community-based 

organizations should be more effectively 

used, and has placed a high priority on 

expanding opportunities for grassroots 

organizations to participate in 

developing solutions for their own 

neighborhoods. See HUD’s Center for 

Faith-Based and Community Initiatives 

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

fbci/index.cfm.

(a) HUD will consider an organization 

a ‘‘grassroots’’ organization if it is 

headquartered in the local community 

to which it provides services; and 

(i) Has an annual social services 

budget of no more than $300,000. This 

cap includes only the portion of the 

organization’s budget allocated to 

providing social services. It does not 

include other portions of the budget 

such as salaries and expenses; or 

(ii) Has six or fewer full-time 

equivalent employees. 

(b) Local affiliates of national 

organizations are not considered 

‘‘grassroots.’’

m. Fair Housing and Equal 

Opportunity Requirements. (1) Site and 

Neighborhood Standards for 

Replacement Housing. You must 

comply with the Fair Housing Act and 

Title VI of the Civil Rights Act of 1964, 

and regulations thereunder. In 

determining the location of any 

replacement housing, you must comply 

with either the site and neighborhood 

standards regulations at 24 CFR 941.202 

((b)–(d)) or with the standards outlined 

in this NOFA. Because the objective of 

the HOPE VI program is to alleviate 

distressed conditions at the

64146 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

development and in the surrounding 

neighborhood, replacement housing 

under HOPE VI that is located on the 

site of the existing development or in its 

surrounding neighborhood will not 

require independent approval by HUD 

under Site and Neighborhood 

Standards. The term ‘‘surrounding 

neighborhood’’ means the neighborhood 

within a three-mile radius of the site of 

the existing development.

(a) HOPE VI Goals Related to Site and 

Neighborhood Standards. You are 

expected to ensure that your 

revitalization plan will expand assisted 

housing opportunities in non-poor and 

non-minority neighborhoods and will 

accomplish substantial revitalization in 

the project and its surrounding 

neighborhood. You are also expected to 

ensure that eligible households of all 

races and ethnic groups will have equal 

and meaningful access to the housing. 

(b) Objectives in Selecting HUDAssisted Sites. The fundamental goal of 

HUD’s fair housing policy is to make 

full and free housing choice a reality. 

Housing choice requires that 

households of all races and ethnicity, or 

with disabilities, can freely decide the 

type of neighborhood where they wish 

to reside, that minority neighborhoods 

are no longer deprived of essential 

public and private resources, and that 

stable, racially-mixed neighborhoods are 

available as a meaningful choice for all. 

To make full and free housing choice a 

reality, sites for HUD-assisted housing 

investment should be selected so as to 

advance two complementary goals: 

(i) Expand assisted housing 

opportunities in non-minority 

neighborhoods, opening up choices 

throughout the metropolitan area for all 

assisted households; and 

(ii) Reinvest in minority 

neighborhoods, improving the quality 

and affordability of housing there to 

represent a real choice for assisted 

households. 

(c) Compliance with Fair Housing Act 

and Title VI of the Civil Rights Act of 

1964. You must comply with the Fair 

Housing Act and Title VI of the Civil 

Rights Act of 1964, and implementing 

regulations in determining the location 

of any replacement housing. 

(d) Grantee Election of Requirements. 

You may, at your election, separately 

with regard to each site you propose 

comply with the development 

regulations regarding Site and 

Neighborhood Standards (24 CFR 

941.202 (b)–(d)), or with the Site and 

Neighborhood Standards contained in 

this Section. 

(e) Replacement housing located on 

site or in the surrounding neighborhood. 

Replacement housing under HOPE VI 

that is located on the site of the existing 

project or in its surrounding 

neighborhood will not require 

independent approval under Site and 

Neighborhood Standards, since HUD 

will consider the scope and impact of 

the proposed revitalization to alleviate 

severely distressed conditions at the 

public housing project and its 

surrounding neighborhood in assessing 

the application to be funded under this 

NOFA. 

(f) Off-Site Replacement Housing 

Located Outside of the Surrounding 

Neighborhood. Unless you demonstrate 

that there are already significant 

opportunities in the metropolitan area 

for assisted households to choose nonminority neighborhoods (or these 

opportunities are under development), 

HOPE VI replacement housing not 

covered by Section (e) above may not be 

located in an area of minority 

concentration (as defined in paragraph 

(g) below) without the prior approval of 

HUD. Such approval may be granted if 

you demonstrate to the satisfaction of 

HUD that: 

(i) You have made determined and 

good faith efforts, and found it 

impossible with the resources available, 

to acquire an appropriate site(s) in an 

area not of minority concentration; or 

(ii) The replacement housing, taking 

into consideration both the CSS 

activities or other revitalizing activities 

included in the Revitalization plan, and 

any other revitalization activities in 

operation or firmly planned, will 

contribute to the stabilization or 

improvement of the neighborhood in 

which it is located, by addressing any 

serious deficiencies in services, safety, 

economic opportunity, educational 

opportunity, and housing stock. 

(g) Area of Minority Concentration. 

The term ‘‘area of minority 

concentration’’ is any neighborhood in 

which: 

(i) The percentage of households in a 

particular racial or ethnic minority 

group is at least 20 points higher than 

the percentage of that minority group for 

the housing market area; i.e., the 

Metropolitan Statistical Area (MSA) in 

which the proposed housing is to be 

located; or 

(ii) The neighborhood’s total 

percentage minority is at least 20 points 

higher than the total percentage of all 

minorities for the MSA as a whole; or 

(iii) In the case of a metropolitan area, 

the neighborhood’s total percentage of 

minority persons exceeds 50 percent of 

its population. 

(2) Housing and Services for Persons 

with Disabilities. (a) Accessibility 

Requirements. HOPE VI developments 

are subject to the accessibility 

requirements contained in several 

federal laws. All applicable laws must 

be read together and followed. PIH 

Notice 2003–31, available at http://

www.hud.gov/offices/pih/publications/

notices/, and subsequent updates, 

provides an overview of all pertinent 

laws and implementing regulations 

pertaining to HOPE VI. All HOPE VI 

multifamily housing projects, whether 

they involve new construction and 

rehabilitation, are subject to the Section 

504 accessibility requirements described 

in 24 CFR part 8. See in particular, 24 

CFR 8.20–8.24. In addition, under the 

Fair Housing Act, all new construction 

of covered multifamily buildings must 

contain certain features of accessible 

and adaptable design. Units covered are 

all those in elevator buildings with four 

or more units and all ground floor units 

in buildings without elevators. The 

relevant accessibility requirements are 

provided in HUD’s FHEO Web site at 

http://www.hud.gov/groups/

fairhousing.cfm.

(b) Specific Fair Housing 

requirements are:

(i) The Fair Housing Act (42 U.S.C. 

3601–19) and regulations at 24 CFR part 

100. 

(ii) The prohibitions against 

discrimination on the basis of disability, 

including requirements that multifamily 

housing projects comply with the 

Uniform Federal Accessibility 

Standards, and that you make 

reasonable accommodations to 

individuals with disabilities under 

Section 504 of the Rehabilitation Act of 

1973 (29 U.S.C. 794) and regulations at 

24 CFR part 8. 

(iii) Title II of the Americans with 

Disabilities Act (42 U.S.C 12101 et seq.) 

and its implementing regulations at 28 

CFR part 35. 

(iv) The Architectural Barriers Act of 

1968 (42 U.S.C. 4151) and the 

regulations at 24 CFR part 40. 

(c) 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. It includes, but is not limited 

to, computers (hardware, software, word 

processing, e-mail, and Web pages) 

facsimile machines, copiers, and 

telephones. When developing, 

procuring, maintaining, or using EIT, 

grantees must ensure that the EIT 

allows: 

(i) Employees with disabilities to have 

access to and use information and data 

that is comparable to the access and use 

of data by employees who do not have 

disabilities; and 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64147

(ii) Members of the public with 

disabilities seeking information or 

service from a grantee must have access 

to and use of information and data that 

is comparable to the access and use of 

data by members of the public who do 

not have disabilities. If these standards 

impose an undue burden on a grantee, 

they may provide an alternative means 

to allow the individual to use the 

information and data. No grantee will be 

required to provide information services 

to a person with disabilities at any 

location other than the location at 

which the information services are 

generally provided. 

n. Relocation Requirements. (1) 

Requirements. 

(a) You must carry out relocation 

activities in compliance with a 

relocation plan that conforms to the 

following statutory and regulatory 

requirements, as applicable: 

(i) Relocation or temporary relocation 

carried out as a result of rehabilitation 

under an approved Revitalization plan 

is subject to the URA, the URA 

regulations at 24 CFR part 24, and 

regulations at 24 CFR 968.108 or 

successor part. 

(ii) Relocation carried out as a result 

of acquisition under an approved 

Revitalization plan is subject to the URA 

and regulations at 24 CFR 941.207 or 

successor part. 

(iii) Relocation carried out as a result 

of disposition under an approved 

Revitalization plan is subject to Section 

18 of the 1937 Act, as amended. 

(iv) Relocation carried out as a result 

of demolition under an approved 

Revitalization plan is subject to the URA 

regulations at 24 CFR part 24. 

(b) You must provide suitable, 

accessible, decent, safe, and sanitary 

housing for each family required to 

relocate as a result of revitalization 

activities under your Revitalization 

plan. Any person (including 

individuals, partnerships, corporations, 

or associations) who moves from real 

property or moves personal property 

from real property directly (1) because 

of a written notice to acquire real 

property in whole or in part, or (2) 

because of the acquisition of the real 

property, in whole or in part, for a HUDassisted activity, is covered by federal 

relocation statute and regulations. 

Specifically, this type of move is 

covered by the acquisition policies and 

procedures and the relocation 

requirements of the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970 (URA), 

and the implementing government-wide 

regulation at 49 CFR part 24, and CPD 

Notice 02–08, Guidance on the 

Applications of the URA and Real 

Property Acquisition Policies Act of 

1970, as amended, in HOPE VI Projects. 

The relocation requirements of the URA 

and the government-wide regulations, as 

well as CPD Notice 02–08, cover any 

person who moves permanently from 

real property or moves personal 

property from real property directly 

because of acquisition, rehabilitation, or 

demolition for an activity undertaken 

with HUD assistance. 

(2) Relocation Plan. Each applicant 

must complete a HOPE VI Relocation 

plan in accordance with the 

requirements stated in Section IV.B.6. of 

this NOFA. 

(a) The HOPE VI Relocation plan is 

intended to ensure that PHAs adhere to 

the URA and that all residents who have 

been or will be temporarily or 

permanently relocated from the site are 

provided with CSS activities such as 

mobility counseling and direct 

assistance in locating housing. Your 

HOPE VI Relocation plan must serve to 

minimize permanent displacement of 

current residents of the public housing 

site who wish to remain in or return to 

the revitalized community. Your HOPE 

VI Relocation plan must also furnish 

alternative permanent housing for 

current residents of the public housing 

site who do not wish to remain in or 

return to the revitalized community. 

Your CSS program must provide for the 

delivery of community and supportive 

services to residents prior to any 

relocation, temporary or permanent. 

(b) You are encouraged to involve 

HUD-approved housing counseling 

agencies, including faith-based, 

nonprofit and other organizations, and 

individuals in the community to which 

relocatees choose to move, in order to 

ease the transition and minimize the 

impact on the neighborhood. HUD will 

view favorably innovative programs 

such as community mentors, support 

groups, and the like.

(c) If applicable, you are encouraged 

to work with surrounding jurisdictions 

to assure a smooth transition if residents 

choose to move from your jurisdiction 

to the surrounding area. 

o. Well-Functioning Communities. See 

Section V.A.8. of this NOFA for 

requirements that on-site, off-site and 

homeownership units create a wellfunctioning community. 

p. Soundness of Approach: Design 

and Evaluation. See Section V.A.9. of 

this NOFA for design and evaluation 

requirements. 

q. Internet Access. You must have 

access to the Internet and provide HUD 

with e-mail addresses of key staff and 

contact people. 

5. Number of Units. The number of 

units that you plan to develop should 

reflect your need for replacement units, 

the need and market demand for other 

affordable units and market units, and 

financial feasibility. The total number of 

units to be developed may be less than, 

or more than, the original number of 

public housing units in the targeted 

public housing project. HUD will review 

requests to revitalize projects with small 

numbers of units on an equal basis with 

those with large numbers of units. 

6. Environmental Requirements. a. 

HUD Approval. HUD notification that 

you have been selected to receive a 

HOPE VI grant constitutes only 

preliminary approval. Grant funds may 

not be released under this NOFA 

(except for activities that are excluded 

from environmental review under 24 

CFR part 58 or 50) until the responsible 

entity, as defined in 24 CFR 58.2(a)(7), 

completes an environmental review and 

you submit and obtain HUD approval of 

a request for release of funds and the 

responsible entity’s environmental 

certification in accordance with 24 CFR 

part 58 (or HUD has completed an 

environmental review under 24 CFR 

part 50 where HUD has determined to 

do the environmental review). 

b. Responsibility. If you are selected 

for funding and an environmental 

review has not been conducted on the 

targeted site, the responsible entity must 

assume the environmental review 

responsibilities for projects being 

funded by HOPE VI. If you object to the 

responsible entity conducting the 

environmental review, on the basis of 

performance, timing, or compatibility of 

objectives, HUD will review the facts 

and determine who will perform the 

environmental review. At any time, 

HUD may reject the use of a responsible 

entity to conduct the environmental 

review in a particular case on the basis 

of performance, timing, or compatibility 

of objectives, or in accordance with 24 

CFR 58.77(d)(1). If a responsible entity 

objects to performing an environmental 

review, or if HUD determines that the 

responsible entity should not perform 

the environmental review, HUD may 

designate another responsible entity to 

conduct the review or may itself 

conduct the environmental review in 

accordance with the provisions of 24 

CFR part 50. You must provide any 

documentation to the responsible entity 

(or HUD, where applicable) that is 

needed to perform the environmental 

review. 

c. Phase I and Phase II Environmental 

Site Assessments. If you are selected for 

funding, you must have a Phase I 

environmental site assessment 

completed in accordance with the 

ASTM Standards E 1527–00, as 

amended, for each affected site. A Phase 

64148 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

I assessment is required whether the 

environmental review is completed 

under 24 CFR part 50 or 24 CFR part 58. 

The results of the Phase I assessment 

must be included in the documents that 

must be provided to the responsible 

entity (or HUD) for the environmental 

review. If the Phase I assessment 

recognizes environmental concerns or if 

the results are inconclusive, a Phase II 

environmental site assessment will be 

required. 

d. Request for Release of Funds. You, 

and any participant in the development 

process, may not undertake any actions 

with respect to the project that are 

choice-limiting or could have 

environmentally adverse effects, 

including demolishing, acquiring, 

rehabilitating, converting, leasing, 

repairing, or constructing property 

proposed to be assisted under this 

NOFA, and you, and any participant in 

the development process, may not 

commit or expend HUD or local funds 

for these activities, until HUD has 

approved a Request for Release of Funds 

following a responsible entity’s 

environmental review under 24 CFR 

part 58, or until HUD has completed an 

environmental review and given 

approval for the action under 24 CFR 

part 50. In addition, you must carry out 

any mitigating/remedial measures 

required by the responsible entity (or 

HUD). If a remediation plan, where 

required, is not approved by HUD and 

a fully-funded contract with a qualified 

contractor licensed to perform the 

required type of remediation is not 

executed, HUD reserves the right to 

determine that the grant is in default. 

e. If the environmental review is 

completed before HUD approval of the 

HOPE VI Supplemental Submissions 

and you have submitted your Request 

for Release of Funds (RROF), the 

supplemental submissions approval 

letter shall state any conditions, 

modifications, prohibitions, etc. as a 

result of the environmental review, 

including the need for any further 

environmental review. You must carry 

out any mitigating/remedial measures 

required by HUD, or select an alternate 

eligible property, if permitted by HUD. 

If HUD does not approve the 

remediation plan and a fully funded 

contract with a qualified contractor 

licensed to perform the required type of 

remediation is not executed, HUD 

reserves the right to determine that the 

grant is in default. 

f. If the environmental review is not 

completed and you have not submitted 

the RROF before HUD approval of the 

supplemental submissions, the letter 

approving the supplemental 

submissions will instruct you and any 

participant in the revitalization process 

to refrain from undertaking, obligating, 

or expending funds on physical 

activities or other choice-limiting 

actions until HUD approves your RROF 

and the related certification of the 

responsible entity (or HUD has 

completed the environmental review). 

The supplemental submissions approval 

letter also will advise you that the 

approved supplemental submissions 

may be modified on the basis of the 

results of the environmental review. 

g. There must not be any 

environmental or public policy factors 

such as sewer moratoriums that would 

preclude development in the requested 

locality. You will certify to this when 

signing the HOPE VI Revitalization 

Grant Application Certifications. 

h. HUD’s environmental Web site is 

located at http://www.hud.gov/offices/

cpd/energyenviron/environment/

index.cfm. 

7. SuperNOFA References. The 

following sub-sections of Section III.C. 

of the SuperNOFA are hereby 

incorporated by reference: 

(1) The Americans with Disabilities 

Act of 1990; 

(2) Affirmatively Furthering Fair 

Housing; 

(3) Economic Opportunities for Lowand Very Low-Income Persons (Section 

3); 

(4) Executive Order 13166, Improving 

Access to Services for Persons With 

Limited English Proficiency (LEP); 

(5) Accessible Technology; 

(6) Procurement of Recovered 

Materials; 

(7) Participation in HUD–Sponsored 

Program Evaluation; 

(8) Executive Order 13202, 

Preservation of Open Competition and 

Government Neutrality Towards 

Government Contractors’ Labor 

Relations on Federal and Federally 

Funded Construction Projects;

(9) OMB Circulars and Governmentwide Regulations Applicable to 

Financial Assistance Programs; and 

(10) Drug-Free Workplace. 

IV. Application and Submission 

Information 

A. Addresses to Request Application 

Package. 1. This section describes how 

you may obtain application forms, 

additional information about the HUD 

program NOFAs, and technical 

assistance. Copies of the published 

NOFAs and application forms for HUD 

programs announced via NOFA may be 

downloaded from the Grants.gov Find 

website: http://www.grants.gov/Find, or 

by calling or sending an e-mail message 

to Lawrence Gnessin, Office of Public 

and Indian Housing at 202–401–8812, 

extension 2676, 

Lawrence_Gnessin@HUD.gov. 

a. Application Kits. There are no 

application kits for our programs this 

year. All the information you need to 

apply will be in the NOFA and available 

on the Internet. 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 its Federal 

Register publications and other 

information provided in paper copy or 

on http://www.Grants.gov/Find, the 

Federal Register publication prevails. 

Please be sure to review your 

application submission against the 

requirements in the Federal Register file 

of the NOFA. 

b. Further Application Information. 

(1) The required HOPE VI Revitalization 

application documentation is listed in 

this NOFA. Some required forms, 

certifications, and other documents may 

be obtained via the Internet at http://

www.hud.gov/offices/adm/grants/

otherhud.cfm. This NOFA provides 

explicit, specific instructions as to the 

format and contents of your HOPE VI 

application. Your application must 

conform to the requirements of this 

NOFA and follow the format described 

in this NOFA. 

(2) The HOPE VI Revitalization 

application will be available through the 

Grants.gov Web site at http://

www.grants.gov/Find and at HUD’s 

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

offices/adm/grants/otherhud.cfm. It will 

not be made available in hardcopy form. 

(3) Technical corrections to the NOFA 

will be posted to the Grants.gov/Find 

and HUD’s grants Web sites. Any 

technical corrections will also be 

published in the Federal Register. 

Applicants are responsible for 

monitoring these Web sites and the 

Federal Register during the application 

preparation period. 

B. Content and Form of Application 

Submission. 1. General. 

a. Signatures. Unless otherwise 

indicated, the Executive Director of the 

applicant PHA, or his or her designee, 

must sign each form or certification that 

is required to be submitted with the 

application, whether part of an 

attachment or a standard certification. 

Signatures need not be original in the 

duplicate Headquarters copy and the 

duplicate field office copy. 

b. Page Layout. (1) Double-space your 

narrative pages. Single-spaced pages 

will be counted as two pages. 

(2) Use 81⁄2x11-inch paper, one side 

only. Only the city map may be 

submitted on an 81⁄2 by 14-inch sheet of 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64149

paper. Larger pages will be counted as 

two pages. 

(3) All margins should be 

approximately 1 inch. If any margin is 

smaller than 1⁄2 inch the page will be 

counted as two pages. 

(4) Use 12-point font. 

(5) Any pages marked as sub-pages 

(e.g., with numbers and letters such as 

75A, 75B, 75C), will be treated as 

separate pages. 

(6) If a section is not applicable, omit 

it; do not insert a page marked n/a. 

(7) Mark each Exhibit and Attachment 

with the appropriate tab listed in 

section IV.B.2. No material on the tab 

will be considered for review purposes, 

although pictures are allowed. 

(8) No more than one page of text may 

be placed on one sheet of paper; i.e., you 

may not shrink pages to get two or more 

on a page. Shrunken pages will be 

counted as multiple pages. 

(9) Do not format your narrative in 

columns. Pages with text in columns 

will be counted as two pages. 

(10) The applications (copy and 

original) should each be packaged in a 

three-ring binder. 

c. Page Count. (1) Narrative Exhibits. 

(a) The first part of your application 

will be comprised of narrative exhibits. 

Your narratives will respond to each 

rating factor in the NOFA and will also 

respond to threshold requirements. 

Among other things, your narratives 

must describe your overall planning 

activities, including but not limited to 

relocation, community, and supportive 

services, and development issues. 

(b) Each HOPE VI Revitalization 

application must contain no more than 

100 pages of narrative exhibits. Any 

pages after the first 100 pages of 

narrative exhibits will not be reviewed. 

Although submitting pages in excess of 

the page limitations will not disqualify 

an application, HUD will not consider 

the information on any excess pages, 

which may result in a lower score or 

failure of a threshold. Text submitted at 

the request of HUD to correct a technical 

deficiency will not be counted in the 

100-page limit. 

(2) Attachments. (a) The second part 

of your application will be comprised of 

Attachments. These documents will also 

respond to the rating factors in the 

NOFA, as well as threshold and 

mandatory documentation 

requirements. They will include 

documents such as maps, photographs, 

letters of commitment, application data 

forms, various certifications unique to 

HOPE VI Revitalization, and other 

certifications. 

(b) Each HOPE VI Revitalization 

application must contain no more than 

125 pages of attachments. Any pages 

after the first 125 pages of attachments 

will not be considered. Although 

submitting pages in excess of the page 

limit will not disqualify an application, 

HUD will not consider the information 

on any excess pages, which may result 

in a lower score or failure to meet a 

threshold. 

(3) Exceptions to page limits. The 

documents listed below constitute the 

only exceptions and are not counted in 

the page limits listed in Sections (1) and 

(2) above: 

(a) Additional pages submitted at the 

request of HUD in response to a 

technical deficiency. 

(b) Attachments that provide 

documentation of commitments from 

resource providers or CSS providers. 

(c) Attachments that provide 

documentation of site control and site 

acquisition in accordance with Section 

IV.B.4. of this NOFA. 

(d) Narratives and Attachments, as 

relevant, required to be submitted only 

by existing HOPE VI Revitalization 

grantees in accordance with Sections 

V.A.1. of this NOFA (Capacity).

(e) Information required of MTW 

applicants only. 

2. Application Content. The following 

is a list of narrative exhibits and forms 

that are required as part of the 

application. Narrative exhibits and 

forms should be included in the 

application in the order listed below. 

Non-submission of these items may 

lower your rating score or make you 

ineligible for award under this NOFA. 

Review the threshold requirements in 

Section III.C. and mandatory 

documentation requirements in Section 

IV.B. of this NOFA to ascertain the 

affects of non-submission. HUD forms 

required by this NOFA can be obtained 

on the Internet at http://www.hud.gov/

offices/adm/grants/otherhud.cfm. 

a. Narrative Exhibits.

(1) Acknowledgment of Application 

Receipt (form HUD–2993) 

(2) Application for Federal Assistance, 

Standard Form SF–424 

(3) HOPE VI Revitalization Application 

Checklist (form HUD–52800) 

(4) Narrative Exhibit A: Summary 

Information 

(5) Narrative Exhibit B: Capacity 

(6) Narrative Exhibit C: Need 

(7) Narrative Exhibit D: Resident and 

Community Involvement 

(8) Narrative Exhibit E: Community and 

Supportive Services 

(9) Narrative Exhibit F: Relocation 

(10) Narrative Exhibit G: Fair Housing 

and Equal Opportunity 

(11) Narrative Exhibit H: WellFunctioning Communities 

(12) Narrative Exhibit I: Soundness of 

Approach

b. Attachments.

(1) Attachments 1 through 7: HOPE VI 

Application Data Form, form HUD–

52860–A 

(2) Attachment 8: HOPE VI Budget, form 

HUD–52825–A 

(3) Attachment 9: TDC–Grant 

Limitations Worksheet, form HUD–

52799 

(4) Attachment 10: Extraordinary Site 

Costs Certification 

(5) Attachment 11: Cost Control 

Standards Certification 

(6) Attachment 12: City Map 

(7) Attachment 13: Developer 

Certification 

(8) Attachment 14: Property 

Management Policy Certification 

Documentation 

(9) Attachment 15: Program Schedule 

(10) Attachment 16: Certification of 

Severe Physical Distress 

(11) Attachment 17: Photographs of the 

Severely Distressed Housing 

(12) Attachment 18: Neighborhood 

Conditions 

(13) Attachments 19 through 22: HOPE 

VI Revitalization Leverage Resources, 

form HUD–52797 

(14) Attachment 23: HOPE VI 

Revitalization Resident Training & 

Public Meeting Certification, form 

HUD–52785 

(15) Attachment 24: Commitments with 

CSS Providers 

(16) Attachment 25: Relocation Plan 

Certification Documentation 

(17) Attachment 26: Completed 

Relocation Certification 

Documentation 

(18) Attachment 27: Documentation of 

Site Control for Off-Site Public 

Housing 

(19) Attachment 28: Documentation of 

Site Control, Environmental, & 

Neighborhood Standards 

(20) Attachment 29: Preliminary Market 

Assessment Letter 

(21) Attachment 30: Zoning Approval 

Certification or Documentation 

(22) Attachment 31: HOPE VI 

Revitalization Project Readiness 

Certification, form HUD–52787 

(23) Attachment 32: Current Site Plan 

(24) Attachment 33: Photographs of 

Architecture in the Surrounding 

Community 

(25) Attachment 34: Conceptual Site 

Plan 

(26) Attachment 35: Conceptual 

Building Elevations 

(27) Attachment 36: Evaluation 

Commitment Letter(s) 

(28) Attachment 37: Portions of the PHA 

Plan 

(29) Attachment 38: Logic Model, form 

HUD–96010 

(30) Attachment 39: America’s 

Affordable Communities Initiative, 

form HUD–27300 

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(31) Attachment 40: HOPE VI 

Revitalization Application 

Certifications 

(32) Attachment 41: Standard Forms 

and Certifications 

(a) Applicant Assurances and 

Certifications, form HUD–424–B, 

(b) Disclosure of Lobbying Activities, 

Standard Form LLL, as applicable 

(c) Applicant/Recipient Disclosure/

Update Report, form HUD–2880, 

(d) Funding Application, Section 8 

Tenant-Based Assistance Rental 

Certificate Program, Rental Voucher 

Program, form HUD–52515, if 

applicable.

3. Match Commitment Letters/MOUs. 

If the commitment letter/MOU for any 

match funds/in-kind services is not 

included in the application and 

provided before the NOFA due date, the 

related match will not be considered. 

This is not a technical deficiency and 

cannot be corrected during the 

deficiency period. If the match is not 

met, the application will not be rated or 

ranked and will be ineligible for 

funding. 

4. Threshold Documentation.

a. Appropriateness of Proposal. In 

accordance with Section 24(e)(1) of the 

1937 Act, each application must 

demonstrate the appropriateness of the 

proposal in the context of the local 

housing market relative to other 

alternatives. You must briefly discuss 

other possible alternatives to your 

proposal and explain why your plan is 

more appropriate. This is a statutory 

requirement and an application 

threshold. Any deficiencies in your 

narrative may not be corrected after the 

application is submitted. For examples 

of alternative proposals, see the 

Appropriateness of Proposal Threshold 

in Section III.C. 

b. Contiguous Projects. If you include 

more than one project in your 

application, you must provide a map 

that clearly indicates that the projects 

are within a quarter-mile of each other. 

c. Cost Control Standards 

Certification. You must include a 

certification by an independent cost 

estimator, architect, engineer, 

contractor, or other qualified third party 

professional that your cost estimates 

meet the standards of Section IV.E. of 

this NOFA. The certifier cannot work 

for you. 

d. Need for HOPE VI Funding. In 

order to document that you need HOPE 

VI funding to complete your proposed 

revitalization effort, you must include in 

your application: 

(1) The portion of your PHA plan that 

lists the planned uses of your FY1999–

2004 Capital Funds (including CGP and 

CIAP funds). Funds earmarked in the 

PHA plan for uses other than the 

revitalization proposed in this 

application will not be considered 

available; and 

(2) A table that states: 

(a) The amount of your total FY1999–

2004 Capital Funds; 

(b) The amount of your total 

unobligated FY1999–2004 Capital 

Funds; and 

(c) The planned amounts and uses of 

unobligated funds earmarked in your 

PHA plan for purposes other than your 

application’s proposed HOPE VI 

activities. 

(3) Applicants must ensure that their 

obligation and expenditure information 

was updated in LOCCS prior to the 

application deadline, except in the case 

of some moving to work applicants, 

which are not required to enter 

obligations into LOCCS in accordance 

with their MTW agreements. 

(3) For MTW PHAS that do not record 

capital funds obligations in LOCCS, you 

must provide a certification of your 

obligation rate in order to receive any 

points for the Need for HOPE VI 

Funding rating factor. 

e. Non-Public Housing Funding for 

Non-Public Housing or Replacement 

Units. Public housing funds must not be 

used to develop non-Replacement 

Housing Units. To demonstrate that 

non-public housing funds will be of a 

sufficient amount to develop nonReplacement Housing Units, 

Attachments 4 and 7 in the Application 

Data Form, form HUD–52860–A, must 

show that the ratio of leverage 

development funds to public housing 

funds meets or exceeds the ratio of nonReplacement Housing Units to 

Replacement Housing Units. For 

example, if Attachment 4 states that you 

plan to develop a total of 25 affordable 

and market-rate units plus a total of 50 

public housing and Homeownership 

units, and Attachment 7 shows a total 

of $10 million in HOPE VI plus other 

public housing funds (CGP, CFP, etc.), 

you must show at least $5 million in 

leverage funds. That is, 25 units/50 

units: $5 million/$10 million. 

f. Program Schedule. Your application 

must contain a program schedule that 

provides a feasible plan to meet the 

schedule requirements of Section 

VI.B.2. of this NOFA, with no 

impediments such as litigation that 

would prevent timely startup. The 

program schedule must indicate the 

date when the development proposal, 

i.e., whether mixed-finance 

development, homeownership 

development, etc., for each phase of the 

revitalization plan will be submitted to 

HUD. For application evaluation only, 

you should assume the following award 

and post-award dates.

Milestone Date 

Grant Award ..................... April 1, 2005. 

Grant Agreement Execution.July 1, 2005. 

HUD’s written request for 

Supplemental Submissions.

August 1, 2005. 

HUD’s approval of Supplemental Submissions.September 1, 

2005. 

If grant award takes place after 

October 1, 2004, the grantee’s program 

schedule may be changed in the 

supplemental submissions to account 

for the period of time between October 

1, 2004, and the actual date of grant 

award. 

g. Selection of Developer. In order to 

be eligible for funding, you must 

provide a signed certification that: 

(1) You have initiated an RFQ by the 

application due date for the competitive 

procurement of a developer for your 

first phase of construction. It is not 

necessary to have executed a Master 

Development Agreement with the 

selected developer in order to meet the 

threshold; or, 

(2) You will act as your own 

developer for the proposed project. 

h. Site Control. If you propose to 

develop off-site housing in any phase of 

your proposed revitalization plan, you 

MUST provide evidence in your 

application that you (not your 

developer) have site control of the 

property(ies). Evidence may include an 

option to purchase the property, a sales 

agreement, a land swap, or a deed. 

Evidence may not include a letter from 

the Mayor or other official, letters of 

support from members of the 

appropriate municipal entities, or a 

resolution evidencing the PHA’s intent 

to exercise its power of eminent 

domain. Evidence of site control may 

only be made contingent upon the 

receipt of the HOPE VI grant, 

satisfactory compliance with the 

environmental review requirements in 

accordance with this NOFA, and the site 

and neighborhood standards in Section 

III.C.4.m. of this NOFA. If you 

demonstrate site control through an 

option to purchase, the option must 

extend for at least 180 days after the 

application due date. If you propose to 

develop off-site housing and you do not 

provide acceptable site control, your 

entire application will be ineligible for 

funding. 

i. Zoning Approval.

(a) If you are proposing to use off-site 

parcels of land for housing development 

or other uses that, until this point in 

time, have been zoned for a purpose 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64151

different than the one proposed in your 

revitalization plan, your application 

must include: 

(i) a certification from the appropriate 

local official documenting that all 

required zoning approvals have been 

secured for such parcels; or, 

(ii) the actual zoning approval 

document for the parcel(s). 

(b) If you are proposing to use off-site 

parcels of land for housing development 

or other uses and those parcels are 

already zoned for your chosen use, your 

application must include a certification 

signed by the Executive Director stating 

that all zoning is correct. 

(c) For example, if you propose to 

develop housing on land that is 

currently zoned as parkland, you must 

provide evidence in the application that 

the zoning change has been secured to 

permit housing development. If you 

propose to keep the land as parkland, 

you must provide a certification in the 

application that the zoning is for 

parkland.

5. Certification Thresholds 

Documentation. Omission of, or 

incorrect/improper signature on, any of 

the following documents is considered 

a technical deficiency and must be 

cured (corrected) within the cure period 

stated in Section IV.B. of the 

SuperNOFA. Applications that remain 

deficient after the cure period will not 

be rated or ranked and will be ineligible 

for funding. 

a. Market-rate Housing: Market 

Assessment Letter. (1) If you include 

market-rate housing, community 

facilities (if market-driven, e.g., a 

YMCA; a community facility that is 

primarily intended to facilitate the 

delivery of community and supportive 

services for residents of the targeted 

severely distressed public housing 

project and of off-site replacement 

housing does not need to be addressed 

in the market assessment letter), 

economic development and retail 

structures in your Revitalization plan, 

you must demonstrate that there is a 

demand for these market-rate housing 

units, community facilities, economic 

development and retail structures of the 

type, number, and size proposed in the 

location you have chosen. 

(2) In your application you must 

provide a preliminary market 

assessment letter prepared by an 

independent, third party, credentialed 

market research firm, or professional 

that describes its assessment of the 

demand and associated pricing structure 

for the proposed residential units and 

any community facilities, economic 

development, and retail structures, 

based on the market and economic 

conditions of the project area. 

(3) If, after the cure period, this letter 

is not included in your application, the 

application will not be rated or ranked 

and will be ineligible for funding. 

b. Operation and Management 

Principles and Policies Certification.

You must certify that you will 

implement the Operation and 

Management Principles and Policies 

stated in Section III.C. of this NOFA. 

The certification should reference 24 

CFR part 966 and should outline the 

requirements in Section III.C.4.h. If, 

after the deficiency cure period, this 

certification is not properly included in 

your application, the application will be 

ineligible for funding. 

c. Relocation Plan Certification. (1) 

You must certify that the HOPE VI 

Relocation plan has been completed and 

that it conforms to the URA 

requirements as described in Section 

V.A.6. of this NOFA. 

(2) If relocation was completed (i.e., 

the targeted public housing site is 

vacant) as of the application due date, 

rather than providing a certification that 

the HOPE VI Relocation plan has been 

completed, a certification that the 

relocation was completed must be 

included in the application. This 

certification may be provided in the 

form of a letter. 

(3) If, after the deficiency cure period, 

neither of these certifications is properly 

included in your application, the 

application will not be rated or ranked 

and will be ineligible for funding. 

d. Resident Involvement in the 

Revitalization Program Certification.

You must submit a signed certification 

that resident training sessions and 

public meetings were held and that you 

involved affected public housing 

residents at the beginning and during 

the planning process for the 

revitalization program, prior to 

submission of an application. The 

certification must state that listed 

topics, as described in Section III.C.4. of 

this NOFA were covered, that one of the 

meetings took place at the beginning of 

the revitalization planning process, and 

that two of the meetings and one 

training session took place after the 

publication date of this NOFA in the 

Federal Register. The certification must 

include the dates of the training session 

and meetings. The certification must 

show that each of the public meetings 

and resident training took place on 

different days. 

e. Severely Distressed Certification.

You must certify that the target project 

is severely distressed. See Section I.C. of 

this NOFA for the definition of 

‘‘severely distressed.’’ In order to certify 

to severe physical distress, your 

application must include a certification 

that is signed by an engineer or architect 

licensed by a state licensing board. The 

license does not need to have been 

issued in the same state as the severely 

distressed project. The engineer or 

architect must include his or her license 

number and state of registration on the 

certification. The engineer or architect 

may not be an employee of the housing 

authority or the city. A Certification of 

Severe Physical Distress is provided on 

the Internet at http://www.grants.gov.

f. Standard Forms and Certifications.

(1) The last part of your application will 

be comprised of standard certifications 

common to many HUD programs. 

Required forms are included in the 

HOPE VI Application and will be 

available electronically on the 

grants.gov Web site. 

(2) These forms must be placed at the 

back of the application, except for the 

Application for Federal Assistance (SF–

424) and the Acknowledgment of 

Application Receipt (HUD–2993). These 

two forms must be the first two pages of 

your application. 

g. TDC and Extraordinary Site Costs 

Certification. (1) An Extraordinary Site 

Costs Certification must be included in 

your application if such costs are 

included in the calculations you used to 

determine your requested award 

amount. If this certification is not 

included in the application on or before 

the end of the deficient application cure 

period, extraordinary site costs will not 

be allowed in the award amount. 

(2) The certification must be signed by 

a licensed engineer or architect who is 

not an employee of the housing 

authority or the city. The certification 

must include an engineer’s or architect’s 

license number and state of registration. 

6. Rating Factor Documentation. To 

receive points for certain rating factors, 

you must include specific 

documentation that is stated in this 

NOFA. When specific documentation is 

necessary, that documentation is stated 

in this section of the NOFA or is crossreferenced here and is included with the 

related rating factors in Section V.A. of 

this NOFA. 

a. Documentation for Capacity. See 

Section V.A.1. of this NOFA for 

documentation requirements. 

b. Documentation for Need. (1) State 

the number of units that you currently 

have under ACC. 

(2) See Section V.A.2. of this NOFA 

for the subjects and items that you 

should include in your Rating Factor 

narrative. 

c. Documentation for Leverage 

Resources. In your application, you will 

enter basic information about each 

resource on the appropriate resource 

summary form: name of the organization 

64152 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

providing the resource, the dollar value 

of the resource, and its proposed use. 

(1) Basic Documentation 

Requirements. (a) For each resource you 

list, you must provide a commitment 

document, such as a letter, 

memorandum of understanding, 

agreement to participate, city council 

resolution, or other evidence of the 

resource to be committed, which may be 

subject to the receipt of a HOPE VI 

Revitalization grant. An official of the 

organization legally authorized to make 

commitments on behalf of the 

organization must sign the commitment 

document. 

(b) Each commitment document must 

include the dollar value and time 

duration of the commitment (e.g., 

$10,000 will be provided each year for 

four years for a total commitment of 

$40,000). The dollar value must be 

consistent with the amount entered on 

the resource summary form. On the 

form, you will also enter the page 

number of your application where the 

commitment document is located.

(c) Endorsements or general letters of 

support from organizations or vendors 

alone will not count as resources and 

should not be included in the 

application or on a Resources Summary 

Form. 

(d) For CSS leverage resources, 

include only funds/in-kind services that 

will be newly generated for HOPE VI 

activities. If an existing service provider 

significantly increases the level of 

services provided at the site, the 

increased amount of funds may be 

counted, except for TANF cash benefits. 

HUD will not count any funds that have 

already been provided on a routine 

basis, such as TANF cash benefits and 

in-kind services that have been 

supporting ongoing CSS-type activities. 

(e) Even though an in-kind CSS 

contribution may count as a resource, it 

may not be appropriate to include on 

the sources and uses attachment. Each 

source on the sources and uses 

attachment must be matched by a 

specific and appropriate use. For 

example, donations of staff time may 

not be used to offset costs for 

infrastructure. 

(2) Types of Development Resources. 

(a) HUD seeks to fund mixed-finance 

developments that use HOPE VI funds 

to leverage the maximum amount of 

other physical development funds, 

particularly from private sources, that 

will result in revitalized public housing, 

other types of assisted and market-rate 

housing, and private retail and 

economic development. Each resource 

may be used for only one leverage 

category: Development, CSS, 

Anticipatory, or Collateral, as described 

in Section V. A. of this NOFA. Any 

resource listed in more than one 

category will be disqualified from all 

categories. Types of resources that may 

be counted include: 

(i) Private mortgage-secured loans and 

other debt. Your application must 

include each loan’s expected term 

maturity and sources of repayment. 

(A) Where there is both a construction 

loan and a permanent take-out loan that 

will replace that construction loan, you 

must provide documentation of both, 

but only the value of the permanent 

loan will be counted as leverage. 

(B) For privately financed 

homeownership construction loans, 

acceptable documentation of 

construction loans will be considered as 

leverage. Documentation of permanent 

financing is not required. 

(C) If you have obtained a 

construction loan but not a permanent 

loan, the value of the acceptably 

documented construction loan will be 

counted as leverage. 

(ii) Insured loans. 

(iii) Donations and contributions. 

(iv) Housing trust funds. 

(v) Net sales proceeds from a 

homeownership project. Down 

payments from homebuyers will not be 

counted. Down payment assistance may 

be counted as a physical development 

resource if it is provided by a third party 

entity not related to the homebuyer. 

(vi) Funds committed to build private 

sector housing in direct connection with 

the HOPE VI Revitalization plan. 

(vii) Tax Increment Funding (TIF). 

(viii) Tax Exempt Bonds. Your 

application must include a description 

of the use and term. 

(ix) Other Public Housing Funds. 

Other public housing sources include 

HOPE VI Revitalization funds from 

other grants, HOPE VI Demolition 

funds, Capital Fund program funds, and 

proposals to use operating subsidy for 

debt service. These HUD public housing 

funds will not be counted for points 

under CSS, Development and Collateral 

leverage in this NOFA. However, they 

can be used as part of your revitalization 

plan. Other public housing sources, 

except for HOPE VI Revitalization 

funds, will be counted toward your 

leverage rating for anticipatory leverage 

and may be used toward your match 

requirement. 

(x) Other Federal Funds. Other federal 

sources may include non-public 

housing funds provided by HUD. 

(xi) Sale of Land. The value of land 

may be included as a development 

resource only if this value is a sales 

proceed. Absent a sales transaction, the 

value of land may not be counted. 

(xii) Donations of Land. Donations of 

land may be counted as a development 

resource, only if the donating entity 

owns the land to be donated. Donating 

entities may include a city, county, 

church, community organization, etc.

The application must include 

documentation of this ownership, 

signed by the appropriate authorizing 

official. 

(xiii) Low-Income Housing Tax 

Credits (LIHTC). Low-Income Tax 

Credits are authorized by Section 42 of 

the IRS Code which allows investors to 

receive a credit against federal tax owed 

in return for providing funds to 

developers to help build or renovate 

housing that will be rented only to 

lower-income households for a 

minimum period of 15 years. There are 

two types of credits, both of which are 

available over a 10-year period: a nine 

percent credit on construction/rehab 

costs, and a four percent credit on 

acquisition costs and all development 

costs financed partially with belowmarket federal loans (e.g., tax exempt 

bonds). Tax credits are generally 

reserved annually through State 

Housing Finance Agencies, a directory 

of which can be found at http://

www.ncsha.org/ncsha/public/

statehfadirectory/index.htm. Only tax 

credits that have been reserved for the 

project will be counted as development 

leveraging. 

(A) If you propose to include LIHTC 

equity as a development resource for 

any phase of development, your 

application must include a LIHTC 

reservation letter from your state or 

local housing finance agency in order to 

have the tax credit amounts counted as 

development leveraging. This letter 

must constitute a firm commitment and 

can only be conditioned on the receipt 

of the HOPE VI grant. HUD 

acknowledges that, depending on the 

housing finance agency, documentation 

for four percent tax credits may be 

represented in the form of a tax-exempt 

bond award letter. Accordingly, it will 

be accepted for leverage scoring 

purposes under this section, if you 

demonstrate that this is the only 

available evidence of four percent tax 

credits, and assuming that this 

documentation clearly indicates that 

tax-exempt bonds have been committed 

to the project. 

(B) Only LIHTC commitments that 

have been secured as of the application 

deadline will be considered for the 

scoring under this section. LIHTC 

commitments that are not secured (i.e., 

documentation in the application does 

not demonstrate they have been 

reserved by the state or local housing 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64153

finance agency) will not be counted as 

leverage for scoring under this section. 

(3) Sources of Development 

Resources. You must actively enlist 

other stakeholders who are vested in 

and can provide significant financial 

assistance to your revitalization effort. 

Sources of resources that can be used for 

leveraging may include: 

(a) Public, private, and nonprofit 

entities, including LIHTC purchasers; 

(b) State and local housing finance 

agencies; 

(c) Local governments; 

(d) The city’s housing and 

redevelopment agency or other 

comparable agency. HUD will consider 

this to be a separate entity with which 

you are partnering if your PHA is also 

a redevelopment agency or otherwise 

has citywide responsibilities.

(i) You are strongly urged to seek a 

pledge of Community Development 

Block Grant (CDBG) funds for 

improvements to public infrastructure 

such as streets, water mains, etc. related 

to the revitalization effort. CDBG funds 

are awarded by HUD by formula to units 

of general local government and to 

states, which may then award a grant or 

loan to a PHA, a partnership, a 

nonprofit organization, or other entity 

for revitalization activities, including 

loans to a project’s for-profit 

partnership. More information about the 

CDBG Program can be found at http://

www.hud.gov/offices/cpd/index.cfm. 

(ii) The city, county, or state may 

provide HOME funds to be used in 

conjunction with HOPE VI funds. The 

Home Investment Partnership program 

provides housing funds that are 

distributed from HUD to units of general 

local governments and states. Funds 

may be used for new construction, 

rehabilitation, acquisition of standard 

housing, assistance to homebuyers, and 

tenant-based rental assistance. Current 

legislation allows HOME funds to be 

used in conjunction with HOPE VI 

funds, but they may not be used in 

conjunction with public housing capital 

funds under Section 9(d) of the 1937 

Act. Information about the HOME 

program can be found at: http://

www.hud.gov/offices/cpd/

affordablehousing/programs/home/

index.cfm. 

(e) Foundations; 

(f) Government Sponsored Enterprises 

such as the Federal Home Loan Bank, 

Fannie Mae, and Freddie Mac; 

(g) HUD and other federal agencies; 

(h) Financial institutions, banks, or 

insurers; and 

(i) Other private funders. 

(4) Types of CSS Resources. (a) HUD 

seeks to fund mixed-finance 

developments that use HOPE VI funds 

to leverage the maximum amount of 

other resources to support CSS activities 

in order to ensure the successful 

transformation of the lives of residents 

and the sustainability of the revitalized 

public housing development. 

Leveraging scarce HOPE VI CSS funds 

with other funds and services is critical 

to the sustainability of CSS activities so 

that they will continue after the HOPE 

VI funds have been expended. 

Commitments of funding or in-kind 

services related to the provision of CSS 

activities may be counted as CSS 

resources and toward the calculation of 

CSS leverage. Note that you may 

include ONLY funds that will be newly 

generated for HOPE VI activities, per 

Section III.C.4.l. of this NOFA. Types of 

resources that may be counted include 

but are not limited to: 

(i) Materials; 

(ii) A building; 

(iii) A lease on a building; 

(iv) Other infrastructure; 

(v) Time and services contributed by 

volunteers; 

(vi) Staff salaries and benefits; 

(vii) Supplies; and 

(viii) Other types of CSS resources as 

described in Section III.C.4.l. of this 

NOFA. 

(b) Note that wages projected to be 

paid to residents through jobs, or 

projected benefits (e.g., health/

insurance/retirement benefits) related to 

those projected jobs, provided by CSS 

partners will not be counted as leverage. 

(5) Sources of CSS Resources. In order 

to achieve quantifiable self-sufficiency 

results, you must form partnerships 

with organizations that are skilled in the 

delivery of services to residents of 

public housing and that can provide 

commitments of resources to support 

those services. You must actively enlist 

as partners other stakeholders who are 

vested in and can provide commitments 

of funds and in-kind services for the 

CSS portion of your revitalization effort. 

See Section III.C.4.k. and l. for a list of 

the kinds of organizations, agencies, and 

other providers that may be used as 

sources of CSS resources. 

d. Documentation for Resident 

Involvement. See Sections IV.B.5. and 

V.A.4. of this NOFA for documentation 

requirements. 

e. Documentation for CSS. See 

Sections III.C.4. and V.A.5. for 

documentation requirements. 

f. Documentation for Relocation.

There is a program requirement that you 

must complete a HOPE VI Relocation 

plan. 

(1) In your application, you must 

certify that the HOPE VI Relocation plan 

has been completed and that it: 

(a) Conforms to the URA requirements 

as described in Section d. below; 

(b) Is designed to minimize 

permanent displacement of current 

residents of the public housing site who 

wish to remain in or return to the 

revitalized community, while furnishing 

alternative housing to current residents 

of the public housing site who do not 

wish to remain in or return to the 

revitalized community; 

(c) Gives existing residents priority for 

occupancy in planned public housing 

units, or for residents that can afford to 

live in other units, priority for those 

planned units and 

(d) In connection with your CSS 

program, provides for community and 

supportive services to residents prior to 

any relocation. 

(2) If relocation was completed as of 

the application deadline (i.e., the 

targeted public housing site is vacant), 

rather than providing a certification that 

the HOPE VI Relocation plan has been 

completed, a certification that the 

relocation was completed must be 

included in the application. This 

certification may be provided in the 

form of a letter.

g. Documentation for Fair Housing 

and Equal Opportunity. See Sections 

III.C.4., IV.B. and V.A.7. for 

documentation requirements. 

h. Documentation for WellFunctioning Community. See Sections 

III.C.4., IV.B. and V.A.8. of this NOFA 

for documentation requirements. 

i. Documentation for Soundness of 

Approach. See Sections IV.B. and V.A.9. 

of this NOFA for documentation 

requirements. 

j. Documentation for Incentive 

Criteria on Regulatory Barrier Removal.

You must include the completed form 

HUD–27300 in your application. 

6. Housing Choice Voucher (HCV) 

Assistance. (1) This NOFA will fund 

HCVs that are necessary to relocate 

HOPE VI affected public housing 

residents. In accordance with HUD 

Notice PIH 2004–4 (HA), Submission 

and Processing of Public Housing 

Agency (PHA) Applications for Housing 

Choice Vouchers for Relocation or 

Replacement Housing Related to 

Demolition or Disposition (Including 

HOPE VI), and Plans for Removal 

(Required/Voluntary Conversion Under 

Section 33 of the 1937 Act, As 

Amended, and Mandatory Conversion 

Under Section 202 of the Omnibus 

Consolidated Rescissions and 

Appropriations Act of 1996) of Public 

Housing Units, you should determine 

the number of vouchers that it is eligible 

for, that are related to this HOPE VI 

Revitalization development. 

64154 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

(2) You should submit the HCV 

application, in accordance with HUD 

Notice PIH 2004–4 (HA), for these HOPE 

VI related vouchers, as a part of the 

application. 

(a) If you are funded by this NOFA, 

the HCV application will be processed. 

(b) If you are not funded by this 

NOFA, the HCV application will not be 

processed. 

(3) The HCV request should be 

located with the Standard Forms and 

Certifications at the back of the 

application. 

(4) The notice can be obtained 

through the Internet at http://

www.hudclips.org/cgi/index.cgi. 

(5) To assist HUD in estimating the 

overall cost of HCV assistance, you 

should include a copy of the Funding 

Application, Section 8 Tenant-Based 

Assistance Rental Certificate Program, 

Rental Voucher Program, form HUD–

52515, in your NOFA application. 

7. Further Application Instructions.

For more detailed application 

instructions, you should read, ‘‘HOPE 

VI Revitalization Application 

Instructions,’’ available on the 

Grants.gov Web site. 

C. Submission Dates and Times.

1. Application Submission 

Timeframes. a. Application Due Date.

Revitalization grant applications are due 

at HUD Headquarters on February 1, 

2005. See Sections IV.F. of this NOFA 

and the SuperNOFA for application, 

submission and timely receipt 

requirements. 

2. Form of Acceptance. HUD will 

consider an application as being 

accepted when it is delivered to the 

Office of Public Housing Investments, 

Room 4130, HUD Headquarters, 451 7th 

Street, SW., Washington, DC 20410. 

Upon delivery and acceptance, the 

Grant Administrator will manually add 

the application’s PHA name, 

development name, time of receipt, and 

date of receipt to an application receipt 

log. 

3. Submission Address. See Section 

IV.F.1. of this NOFA for the application 

submission address. 

4. Field Office Copy. You must send 

one duplicate copy of your application 

to your HUD field office. The HUD field 

office copy of the application is due 

before 4 p.m. on the application due 

date. If the HUD field office receives an 

application on time, but the application 

is not received on time at Headquarters, 

it will not be considered. 

5. No Facsimiles or Videos. HUD will 

not accept for review and evaluation, or 

fund, any applications sent by facsimile 

(fax). However, facsimile corrections to 

technical deficiencies will be accepted, 

as described in Section V.B.4. of the 

SuperNOFA. Also, videos submitted as 

part of an application will not be 

viewed. 

6. Acknowledgement of Application 

Receipt. If you wish to receive 

acknowledgement of HUD’s receipt of 

the application, the Acknowledgment of 

Application Receipt, form HUD–2993, 

should be included in the front of the 

application. After receipt, HUD will 

return the form to you. 

D. Intergovernmental Review.

Executive Order 12372 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. 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. States that are not listed on 

the Web site have chosen not to 

participate in the intergovernmental 

review process, and therefore do not 

have a SPOC. If you are located within 

one of those states, you may send 

applications directly to HUD. If your 

state has a SPOC, you should contact it 

to see if it is interested in reviewing 

your application prior to submission to 

HUD. Please make sure that you allow 

ample time for this review process when 

developing and submitting your 

application. 

E. Funding Restrictions.

1. Statutory Time Limits. a. Required 

Obligation Date. Funds appropriated for 

the HOPE VI program for FY2004 must 

be obligated on or before September 30, 

2005. Any funds that are not obligated 

by that date will be recaptured by the 

Treasury, and thereafter will not be 

available for obligation for any purpose. 

b. Required Expenditure Date. In 

accordance with 31 U.S.C. 1552, all 

FY2004 HOPE VI funds must be 

expended by September 30, 2010. Any 

funds that are not expended by that date 

will be cancelled and recaptured by the 

Treasury, and thereafter will not be 

available for obligation or expenditure 

for any purpose. 

2. Funding for Applications to this 

NOFA Only. HUD will not use any 

funds from this NOFA to fund any nonselected HOPE VI related applications 

submitted in previous years. Only 

applications submitted under this 

FY2004 NOFA will be considered for 

funding. 

3. Grant Amount Limitations. a. 

Requested Amount. The maximum 

amount you may request in your 

application for grant award is limited to 

$20 million or the sum of the amounts 

in Section IV.E.5. below, whichever is 

lower. HCV assistance is in addition to 

this amount. 

4. Ineligible Activities. a. You may not 

use HOPE VI Revitalization Grant funds 

to pay for any revitalization activities 

carried out on or before the date of the 

letter announcing the award of the 

HOPE VI Grant. 

b. Market-Rate Units. HOPE VI funds 

may not be used to develop market-rate 

units or affordable housing units that do 

not qualify as public housing or 

homeownership replacement units.

c. Retail or Commercial Development.

HOPE VI funds may not be used for 

hard construction costs related to, or for 

the purchase of equipment for, retail, 

commercial, or non-public housing 

office facilities. 

5. Total Development Cost (TDC). a. 

The ‘‘TDC Limit’’ (24 CFR 941.306, 

Notice PIH 2004–6 (HA)) refers to the 

maximum amount of HUD funding that 

HUD will approve for development of 

specific public housing units in a given 

location. The TDC limit applies only to 

the costs of development of public 

housing that are paid directly with HUD 

public housing funds, including HOPE 

VI funds; a PHA may exceed the TDC 

limit using non-public housing funds 

such as CDBG, HOME, low-income 

housing tax credit equity, etc.

b. The HUD TDC Cost Tables are 

issued for each calendar year for the 

building type and bedroom distribution 

for the public housing replacement 

units. Use the TDC limits in effect at the 

time this HOPE VI NOFA is published 

when making your TDC calculations. 

TDC definitions and limits in the final 

rule are summarized as follows: 

(1) The total cost of development, 

including relocation costs, is limited to 

the sum of: 

(a) HUD’s TDC limits up to 100 

percent of HUD’s published TDC limits 

for the costs of demolition and new 

construction, multiplied by the number 

of HOPE VI public housing replacement 

units; or 

(b) Ninety percent of the TDC limits, 

multiplied by the number of public 

housing units after substantial 

rehabilitation and reconfiguration. 

(2) The TDC limit for a project is 

made up of the following components: 

(a) Housing Cost Cap (HCC): HUD’s 

published limit on the use of public 

housing funds for the cost of 

constructing the public housing units, 

which includes unit hard costs, 

builder’s overhead and profit, utilities 

from the street, finish landscaping, and 

a hard cost contingency. Estimates 

should take into consideration the 

Davis-Bacon wage rate and other 

requirements as described in ‘‘Labor 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64155

Standards’’, Section III.C.4.g. of this 

NOFA. 

(b) Community Renewal (CR): The 

balance of funds remaining within the 

project’s TDC limit after the housing 

construction costs described in (i) above 

are subtracted from the TDC limit. This 

is the amount of public housing funds 

available to pay for PHA administration, 

planning, infrastructure and other site 

improvements, community and 

economic development facilities, 

acquisition, relocation, demolition, and 

remediation of units to be replaced on 

site, and all other development costs. 

(3) CSS. You may request an amount 

not to exceed 15 percent of the total 

HOPE VI grant to pay the costs of CSS 

activities, as described in Section 

III.C.4.k.(2) of this NOFA. These costs 

are in addition to, i.e., excluded from, 

the TDC calculation above. 

(4) Demolition and Site Remediation 

Costs of Unreplaced On-site Units. You 

may request an amount necessary for 

demolition and site remediation costs of 

units that will not be replaced on-site. 

This cost is in addition to (i.e., excluded 

from) the TDC calculation above. 

(5) Extraordinary Site Costs. (a) You 

may request a reasonable amount to pay 

extraordinary site costs, which are 

construction costs related to unusual 

pre-existing site conditions that are 

incurred, or anticipated to be incurred. 

If such costs are significantly greater 

than those typically required for similar 

construction, are verified by an 

independent, certified engineer or 

architect (See Section IV.B. for 

documentation requirements.), and are 

approved by HUD, they may be 

excluded from the TDC calculation 

above. Extraordinary site costs may be 

incurred in the remediation and 

demolition of existing property, as well 

as in the development of new and 

rehabilitated units. Examples of such 

costs include, but are not limited to: 

Abatement of extraordinary 

environmental site hazards; removal or 

replacement of extensive underground 

utility systems; extensive rock and soil 

removal and replacement; removal of 

hazardous underground tanks; work to 

address unusual site conditions such as 

slopes, terraces, water catchments, 

lakes, etc.; and work to address flood 

plain and other environmental 

remediation issues. Costs to abate 

asbestos and lead-based paint from 

structures are normal demolition costs. 

Extraordinary measures to remove leadbased paint that has leached into the 

soil would constitute an extraordinary 

site cost. 

(b) Extraordinary site costs must be 

justified and verified by a licensed 

engineer or architect who is not an 

employee of the housing authority or 

the city. The engineer or architect must 

provide his or her license number and 

state of registration. If this certification 

is not included in the application after 

the cure period described in Section 

IV.B.4. of the SuperNOFA, 

extraordinary site costs will not be 

allowed in the award amount. In this 

case, the amount of the extraordinary 

site costs included in the application 

will be subtracted from the grant 

amount. 

6. Cost Control Standards. a. Your 

projected hard development costs must 

be realistic, developed through the use 

of technically competent methodologies, 

including cost estimating services, and 

comparable to industry standards for the 

kind of construction to be performed in 

the proposed geographic area. 

b. Your cost estimates must represent 

an economically viable preliminary plan 

for designing, planning, and carrying 

out your proposed activities in 

accordance with local costs of labor, 

materials, and services. 

c. Your projected soft costs must be 

reasonable and comparable to industry 

standards. Upon award, soft costs will 

be subject to HUD’s ‘‘Safe Harbor’’ cost 

control standards. For rental units, these 

safe harbors provide specific limitations 

on such costs as developer’s fees 

(between 9 and 12 percent), PHA 

administration/consultant cost (no more 

than 3 to 6 percent of the total project 

budget), contractor’s fee (6 percent), 

overhead (2 percent), and general 

conditions (6 percent). HUD’s Cost 

Control and Safe Harbor Standards can 

be found on the Grants.gov Web site.

d. If you are eligible for funding, HUD 

will delete any unallowable items from 

your budget and may reduce your grant 

accordingly. 

7. Withdrawal of Grant Amounts. In 

accordance with Section 24(i) of the 

1937 Act, if a grantee does not proceed 

within a reasonable timeframe, as 

described in Section VI.B.2. of this 

NOFA, HUD shall withdraw any 

unobligated grant amounts. HUD shall 

redistribute any withdrawn amounts to 

one or more other applicants eligible for 

HOPE VI assistance or to one or more 

other entities capable of proceeding 

expeditiously in the same locality in 

carrying out the Revitalization plan of 

the original grantee. 

F. Other Submission Requirements.

1. Address for Submitting 

Applications. Send the original and one 

copy of your completed application to 

Mr. Milan Ozdinec, Deputy Assistant 

Secretary for Public Housing 

Investments, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 4130, Washington, 

DC 20410–5000. Please make sure that 

you note the room number. The correct 

room number is very important in 

ensuring that your application is 

properly accepted and not misdirected. 

2. Wrong Address. Applications 

mailed to the wrong location or office 

designated for receipt of the application, 

which result in the designated office not 

receiving your application in 

accordance with the requirements for 

timely submission, will result in your 

application being considered late and 

will not receive funding consideration. 

HUD will not be responsible for 

directing packages to the appropriate 

office(s). 

3. Delivery and Receipt Procedures.

‘‘Delivery and Receipt Procedures’’ in 

Section IV.F. of the SuperNOFA applies, 

with the following exception: 

a. Applications sent to HUD through 

the United States Postal Service (USPS) 

will be considered late and ineligible to 

receive funding if not received on or 

before the application due date, 

regardless of the postmark date. 

4. Proof of Timely Submission. ‘‘Proof 

of Timely Submission ‘‘in Section IV.F. 

of the SuperNOFA applies, with the 

following exception: 

a. Proof of timely submission for all 

applications, regardless of whether they 

are delivered through USPS, overnight 

mail service, courier service or handcarried, shall be the date and time 

recorded by the Grant Administrator in 

the application receipt log. See Section 

IV.C.2. of this NOFA for information on 

the application receipt log. 

5. SuperNOFA References. The 

following sub-sections of Section IV. of 

the SuperNOFA are hereby incorporated 

by reference: 

(1) Addresses to Request Application 

Package; 

(2) Application Kits; 

(3) Guidebook and Further 

Information; and 

(5) Addresses. 

V. Application Review Information 

A. Criteria.

1. Rating Factor: Capacity—25 Points 

Total.

a. The term ‘‘your Team’’ includes 

PHA staff who will be involved in 

HOPE VI grant administration, and any 

alternative management entity that will 

manage the revitalization process, be 

responsible for meeting construction 

time tables, and obligating amounts in a 

timely manner. This includes any 

developer partners, program managers, 

property managers, subcontractors, 

consultants, attorneys, financial 

consultants, and other entities or 

individuals identified and proposed to 

carry out program activities. 

64156 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

b. Development Capacity.

(1) Capacity of developer—6 points 

(a) You will receive 6 points if your 

application demonstrates that: 

(i) Your developer or other team 

members have extensive, recent (within 

the last five years), and successful 

experience in planning, implementing, 

and managing physical development, 

financing, leveraging, and partnership 

activities that are comparable in 

character, scale, and complexity to your 

proposed revitalization activities; 

(ii) Your developer or other team 

members have extensive, recent (within 

the last five years), and successful 

experience in planning, implementing, 

and managing Capital Fund program 

projects. 

(iii) You propose development using 

low-income tax credits, and you, your 

developer, or other team members have 

relevant tax credit experience; and 

(iv) If homeownership, rent-to-own, 

cooperative ownership, or other major 

development components are proposed, 

you, your developer, or other team 

members have relevant, successful 

experience in development, sales, or 

conversion activities. 

(b) You will receive 4 points if your 

developer or other team members have 

some but not extensive experience in 

the factors described above. 

(c) You will receive 0 points if your 

developer or other team members do not 

have the experience described and the 

application does not demonstrate that it 

has the capacity to carry out your 

Revitalization plan. You will also 

receive 0 points if your application does 

not address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

c. Development Capacity of 

Applicant—6 points. 

(1) You will receive 6 points if your 

application demonstrates that: 

(i) You have identified potential gaps 

in your current staffing in relation to 

development activities, and you have 

plans to fill such gaps, internally or 

externally, in a timely manner in order 

to implement successfully your 

Revitalization plan; 

(ii) You have demonstrated that 

physical development activities will 

proceed as promptly as possible 

following grant award, and you will be 

able to begin significant construction 

within 18 months of the award of the 

grant. 

(iii) Your program schedule indicates 

the date on which the development 

proposal, i.e., whether mixed-finance 

development, homeownership 

development, etc., for each phase of the 

revitalization plan will be submitted to 

HUD. For application evaluation only, 

you should assume the following award 

and post-award dates.

Milestone Date 

Grant Award ..................... April 1, 2005. 

Grant Agreement Execution.July 1, 2005. 

HUD’s written request for 

Supplemental Submissions.

August 1, 2005. 

HUD’s approval of Supplemental Submissions.September 1, 

2005. 

If grant award takes place after 

October 1, 2004, the grantee’s program 

schedule may be changed in the 

Supplemental Submissions to account 

for the period of time between October 

1, 2004, and the actual date of grant 

award; and 

(iv) Your management experience and 

previous experience with development 

activities, including the dollar amount 

and timeframe for completion of the 

project(s), is sufficient to show that you 

have experience in overseeing 

affordable housing development, 

whether it be in-house or implemented 

by a private entity. 

(2) You will receive 4 points if your 

application demonstrates that you have 

had experience in managing affordable 

housing development in accordance 

with the factors above, but your 

experience has not been extensive, and 

your project(s) were completed within 

the timeframe originally established for 

the project. 

(3) You will receive 1 point if your 

application demonstrates that you have 

had experience in managing affordable 

housing development in accordance 

with the factors above, but your 

experience has not been extensive, and 

your project(s) were not completed 

within the timeframe originally 

established for the project. 

(4) You will receive 0 points if your 

application does not demonstrate any 

experience in managing development 

activities, or if your application does not 

address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

d. Capacity of Existing HOPE VI 

Revitalization Grantees. (1) This Section 

applies only to applicants that have 

received HOPE VI Revitalization grants 

for fiscal years 1993–2001. If an 

applicant has more than one HOPE VI 

Revitalization grant, each will be rated 

separately, not averaged, and the highest 

deduction will be made. Applicants 

with HOPE VI Revitalization grants only 

from FY2002 or FY2003, or no existing 

HOPE VI Revitalization grants are not 

subject to this section. 

(2) As indicated in the following 

tables, up to 5 points will be deducted 

if a grantee has failed to achieve 

adequate progress in relation to 

cumulative public housing rental unit 

production. Production achievement 

numbers will be taken from the 

quarterly reporting system for the 

quarter most recently completed at the 

time the NOFA is published in the 

Federal Register.

Percent of public housing unit production completed Points 

deducted 

Grants Awarded in FY1993–1997: 

Less than 100 ........................... 5 

Grants Awarded in FY1998: 

90–100 ...................................... 0 

80–89 ........................................ 1 

75–79 ........................................ 2 

70–74 ........................................ 3 

65–69 ........................................ 4 

Less than 65 ............................. 5 

Grants Awarded in FY1999: 

80–100 ...................................... 0 

70–79 ........................................ 1 

60–69 ........................................ 2 

50–59 ........................................ 3 

40–49 ........................................ 4 

Less than 40 ............................. 5 

Grants Awarded in FY2000: 

60–100 ...................................... 0 

50–59 ........................................ 1 

40–49 ........................................ 2 

30–39 ........................................ 3 

20–29 ........................................ 4 

Less than 20 ............................. 5 

Grants Awarded in FY2001: 

25–100 ...................................... 0 

20–24 ........................................ 1 

15–19 ........................................ 2 

10–14 ........................................ 3 

5–9 ............................................ 4 

Less than 5 ............................... 5 

e. CSS Program Capacity—3 points.

See Sections I.D.10., and III.C.4.k and l, 

of this NOFA for detailed information 

on CSS activities. 

(1) You will receive 2 points if your 

application demonstrates one of the 

following. If you fail to demonstrate one 

of the following, you will receive 0 

points: 

(a) If you propose to carry out your 

CSS plan in-house and you have recent, 

quantifiable, successful experience in 

planning, implementing, and managing 

the types of CSS activities proposed in 

your application, or 

(b) If you propose that a member(s) of 

your team will carry out your CSS plan, 

that this procured team member(s) has 

the qualifications and demonstrated 

experience to plan, implement, manage, 

and coordinate the types of activities 

proposed, and that you have a plan for 

promptly hiring staff or procuring a 

team member to do so. 

(2) You will receive 1 point if your 

application demonstrates that: 

(a) You have an existing HOPE VI 

grant and your current CSS team will be 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64157

adequate to implement a new program, 

including new or changing programs, 

without weakening your existing team. 

(b) You do not have an existing HOPE 

VI Revitalization grant and you 

demonstrate how your proposed CSS 

team will be adequate to implement a 

new program, including new or 

changing services, without weakening 

your existing staffing structure.

f. Property Management Capacity—5 

points. (1) Property management 

activities may be the responsibility of 

the PHA or another member of the team, 

which may include a separate entity 

that you have procured or will procure 

to carry out property management 

activities. In your application you will 

describe the number of units and the 

condition of the units currently 

managed by you or your property 

manager, your annual budget for those 

activities, and any awards or recognition 

that you or your property manager have 

received. 

(2) Past Property Management 

Experience—3 points. (a) You will 

receive 3 points if your application 

demonstrates that you or your property 

manager currently have extensive 

knowledge and recent (within the last 

five years), successful experience in 

property management of the housing 

types included in your revitalization 

plan. This may include market-rate 

rental housing, public housing, and 

other affordable housing, including 

rental units developed with low-income 

housing tax credit assistance. If your 

Revitalization plan includes 

cooperatively-owned housing, rent-toown units, or other types of managed 

housing, in order to receive the points 

for this factor, you must demonstrate 

recent, successful experience in the 

management of such housing by the 

relevant member(s) of your team. 

(b) You will receive 1 point if your 

application demonstrates that you or 

your property manager have some but 

not extensive experience of the kind 

required for your Revitalization plan. 

(c) You will receive 0 points if your 

application does not demonstrate that 

you or your property manager have the 

experience to manage your proposed 

plan, or if your application does not 

address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

(2) Property Management Plan—2 

points. (a) You will receive 2 points if 

your application demonstrates that you 

or your property manager have the goals 

and plans necessary to administer the 

following elements of a property 

management plan:

(i) Property maintenance 

(ii) Rent collection 

(iii) PIC 50058 reporting 

(iv) Site-based management experience 

(v) Tenant grievances 

(vi) Evictions 

(vii) Occupancy rate 

(viii) Unit turnaround 

(ix) Preventive maintenance 

(x) Work order completion 

(xi) Project-based budgeting 

(xii) Management of Homeownership 

and rent-to-own programs 

(xiii) Energy Audits 

(xiv) Utility/Energy Incentives

(b) You will receive 0 points if your 

application does not demonstrate that 

you or your property manager have the 

goals and plans necessary to administer 

the above elements of a property 

management plan. 

g. PHA Plan—1 point. (1) You will 

receive 1 point if your application 

demonstrates that you have 

incorporated the revitalization plan 

described in your application into your 

most recent PHA plan (whether 

approved by HUD or pending approval). 

In order to qualify as ‘‘incorporated’’

under this factor, your PHA plan must 

indicate the intent to pursue a HOPE VI 

Revitalization grant and the public 

housing development for which it is 

targeted. 

(2) You will receive 0 points if you 

have not incorporated the revitalization 

plan described in your application into 

your PHA plan, or if your application 

does not address this factor to an extent 

that makes HUD’s rating of this factor 

possible. 

h. Public Housing Assessment System

(PHAS)—2 points. (1) If you have been 

rated as a High Performer for your most 

recent PHAS review, you will receive 2 

points. 

(2) If you have been rated as a 

Standard Performer for your most recent 

PHAS review, you will receive 1 point. 

(3) If you have been rated as a 

Troubled Performer that is either 

Troubled in One Area or Overall 

Troubled, you will receive 0 points. 

i. Section 8 Management Assessment 

Program (SEMAP)—2 points. (1) If you 

have been rated as a High Performer for 

your most recent SEMAP rating, you 

will receive 2 points. 

(2) If you have been rated as Standard 

for your most recent SEMAP rating, you 

will receive 1 point. 

(3) If you have been rated as Troubled 

for your most recent SEMAP rating, you 

will receive 0 points. 

2. Rating Factor: Need—24 Points 

Total.

a. Need for Revitalization: Severe 

Physical Distress of the Public Housing 

Development—10 Points. (1) HUD will 

evaluate the extent of the severe 

physical distress of the targeted public 

housing development. If the targeted 

units have already been demolished, 

HUD will evaluate your description of 

the extent of the severe physical distress 

of the site as of the day the demolition 

application was approved by HUD. You 

will receive points for the following 

separate subfactors, as indicated. 

(a) You will receive 2 points if your 

application demonstrates that there are 

major deficiencies in the project’s 

infrastructure, roofs, electrical, 

plumbing, heating and cooling, 

mechanical systems, settlement, and 

other deficiencies in Housing Quality 

Standards. 

(b) You will receive 2 points if your 

application demonstrates that there are 

poor soil conditions, inadequate 

drainage, deteriorated laterals and 

sewers, and inappropriate topography. 

(c) You will receive 3 points if your 

application demonstrates that the 

project has at least three of the following 

major design deficiencies, including: 

(i) Inappropriately high population 

density, room, and unit size and 

configurations; 

(ii) Isolation; 

(iii) Indefensible space; 

(iv) Significant utility expenses 

caused by energy conservation 

deficiencies that may be documented by 

an energy audit; and 

(v) Inaccessibility for persons with 

disabilities with regard to individual 

units, entranceways, and common areas. 

(d) You will receive 3 points if your 

application demonstrates that there are 

(or were, if the site is already 

demolished) levels of unmitigated leadbased paint, PCBs, mold, and asbestos 

that make the site or a portion of the site 

and its housing structures unsuitable for 

residential use. 

b. Need for Revitalization: Impact of 

the Severely Distressed Site on the 

Surrounding Neighborhood—3 Points.

(1) HUD will evaluate the extent to 

which the severely distressed public 

housing project is a significant 

contributing factor to the physical 

decline of, and disinvestment by, public 

and private entities in the surrounding 

neighborhood. In making this 

determination, HUD will evaluate your 

narrative, crime statistics, photographs 

or renderings, socio-economic data, 

trends in property values, evidence of 

property deterioration and 

abandonment, evidence of 

underutilization of surrounding 

properties, and indications of 

neighborhood disinvestment. 

(2) You will receive 3 Points if your 

application demonstrates that the 

project has a significant impact on the 

64158 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

surrounding neighborhood, as 

documented by each item listed above. 

(3) You will receive 2 Points if your 

application demonstrates that the 

project has a moderate impact on the 

neighborhood, and only some of the 

items listed above are adequately 

documented. 

(4) You will receive 0 Points if your 

application does not demonstrate that 

the project has an impact on the 

surrounding neighborhood, or if your 

application does not address this factor 

to an extent that makes HUD’s rating of 

this factor possible. 

c. Need for HOPE VI Funding—8 

Points. (1) HUD will evaluate the extent 

to which you could undertake the 

proposed revitalization activities 

without a HOPE VI grant. Large amounts 

of available Capital Funds indicate that 

the revitalization could be carried out 

without a HOPE VI grant. Available 

Capital Funds are defined as nonobligated funds that have not been 

earmarked for other purposes in your 

PHA Plan. To determine the amount of 

FY1999–2004 Capital Fund Program 

(including CIAP and CGP) funds 

currently available that could be used to 

carry out the proposed revitalization 

activities, HUD will employ data from 

LOCCS available at the time of the grant 

application due date and information 

from the portions of the PHA Plan that 

you have submitted as part of your 

application. Funds earmarked in the 

PHA Plan for uses other than the 

revitalization proposed in this 

application will not be considered 

available. See Section IV.B. of this 

NOFA for documentation requirements. 

(2) You will receive 8 Points if your 

available Capital Funds balance is up to 

20 percent of the amount of HOPE VI 

funds requested. 

(3) You will receive 6 Points if your 

available balance is 21–45 percent of the 

amount of HOPE VI funds requested. 

(4) You will receive 4 Points if your 

available balance is 46–70 percent of the 

amount of HOPE VI funds requested. 

(5) You will receive 2 Points if your 

available balance is 71–90 percent of the 

amount of HOPE VI funds requested. 

(6) You will receive 0 Points if your 

available balance is more than 90 

percent of the amount of HOPE VI funds 

requested. 

c. Need for Affordable Accessible 

Housing in the Community—3 Points.

(1) Your application must demonstrate 

the need for other housing available and 

affordable to families receiving tenantbased assistance under section 8 (HCV), 

as described below and must be the 

most recent information available at the 

time of the application deadline.

(2) For purposes of this factor, the 

need for affordable housing in the 

community will be measured by 

Housing Choice Voucher program 

utilization rates and public housing 

occupancy rates, excluding the public 

housing site targeted for revitalization. 

In figuring the Housing Choice Voucher 

utilization rate, provide the percentage 

of units under lease out of the total 

authorized. In figuring the public 

housing occupancy rate, provide the 

percentage of units occupied out of the 

total in your public housing inventory, 

not including the targeted public 

housing site. You should base your 

calculation on the federal public 

housing units you manage. You may not 

exclude units in your public housing 

inventory that are being reserved for 

relocation needs related to other HOPE 

VI Revitalization grant(s); or units in 

your public housing inventory that are 

being held vacant for uses related to a 

Section 504 voluntary compliance 

agreement. If you are a non-MTW site, 

you must use information consistent 

with the Section Eight Management 

Assessment Program (SEMAP) and/or 

the Public Housing Assessment System 

(PHAS) submissions. If you are an MTW 

site, and do not report into SEMAP and/

or PHAS, you must demonstrate your 

utilization and/or occupancy rate using 

similar methods and information 

sources in order to earn points under 

this rating factor. 

(3) You will receive 3 Points if your 

application demonstrates that: 

(a) The utilization rate of your 

Housing Choice Voucher program is 97 

percent or higher; or 

(b) The occupancy rate of your public 

housing inventory is 97 percent or 

higher. 

(4) You will receive 2 Points if your 

application demonstrates that: 

(a) The utilization rate of your 

Housing Choice Voucher program is 

between 95 and 96 percent; or, 

(b) The occupancy rate of your public 

housing inventory is between 95 and 96 

percent. 

(5) You will receive 1 Point if your 

application demonstrates that: 

(a) The utilization rate of your 

Housing Choice Voucher program is 

between 93 and 94 percent; or 

(b) The occupancy rate of your public 

housing inventory is between 93 and 94 

percent. 

(6) You will receive 0 Points if your 

application demonstrates that: 

(a) The utilization rate of your 

Housing Choice Voucher program is less 

than 93 percent; or 

(b) The occupancy rate of your public 

housing inventory is less than 93 

percent. 

3. Rating Factor: Leveraging—16 

Points Total. 

a. Leverage. Although related to 

match, leverage is strictly a rating factor. 

Leverage consists of firm commitments 

of funds and other resources. HUD will 

rate your application based on the 

amount of funds and other resources 

that will be leveraged by the HOPE VI 

grant as a percentage of the amount of 

HOPE VI funds requested. If leverage 

sources and amounts are not 

documented in accordance with 

Sections III.C.4.l. and IV.B.5. of this 

NOFA, they will not be counted toward 

your leverage amounts. 

b. Development Leveraging—7 Points. 

For each commitment document, HUD 

will evaluate the strength of 

commitment and add the amounts that 

are acceptably documented. HUD will 

then calculate the ratio of the amount of 

HUD funds requested to the amount of 

funds that HUD deems acceptably 

documented. HUD will round figures to 

two decimal points, using standard 

rounding rules. 

(1) You will receive 7 Points if the 

ratio of the amount of HOPE VI funds 

requested for physical development 

activities (not including CSS, 

administration or relocation) to the 

dollar value of documented, committed 

development resources from other 

sources is 1:3 or higher. 

(2) You will receive 6 Points if the 

ratio is between 1:2.50 and 1:2.99. 

(3) You will receive 5 Points if the 

ratio is between 1:2.0 and 1:2.49. 

(4) You will receive 4 Points if the 

ratio is between 1:1.50 and 1:1.99. 

(5) You will receive 3 Points if the 

ratio is between 1:1.0 and 1:1.49. 

(6) You will receive 2 Points if the 

ratio is between 1:0.50 and 1:0.99. 

(7) You will receive 1 Point if the ratio 

is between 1:0.25 to 1:0.49. 

(8) You will receive 0 Points if the 

ratio is less than 1:0.25, or if your 

application does not address this factor 

to an extent that makes HUD’s rating of 

this factor possible. 

c. CSS Leveraging—5 Points. (1) You 

will receive 5 Points if the ratio of the 

amount of HOPE VI funds requested for 

CSS activities to the dollar value of 

documented, committed CSS resources 

leveraged from other sources is 1:2 or 

higher. If no HOPE VI funds are 

requested for CSS activities because all 

CSS funds will come from outside 

sources, all adequately-documented 

funds from such outside sources will be 

counted and you will receive 5 Points. 

(2) You will receive 4 Points if the 

ratio is between 1:1.75 and 1:1.99. 

(3) You will receive 3 Points if the 

ratio is between 1:1.5 and 1:745. 

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(4) You will receive 2 Points if the 

ratio is between 1:25 and 1:49. 

(5) You will receive 1 Point if the ratio 

is between 1:1 and 1:1.249. 

(6) You will receive 0 Points if the 

ratio is less than 1:1, or if your 

application does not address this factor 

to an extent that makes HUD’s rating of 

this factor possible. 

d. Anticipatory Resources 

Leveraging—2 Points.

Anticipatory Resources relate to 

activities that have taken place in the 

past and that were conducted in direct 

relation to a HOPE VI Revitalization 

grant. In many cases, PHAs, cities, or 

other entities may have carried out 

revitalization activities (including 

demolition) in previous years in 

anticipation of your receipt of a HOPE 

VI Revitalization grant. These 

expenditures, if documented, may be 

counted as leveraged anticipatory 

resources. They cannot duplicate any 

other type of resource and cannot be 

counted towards match. Public Housing 

funds other than HOPE VI 

Revitalization, e.g., HOPE VI Demolition 

grant funds, HOPE VI Neighborhood 

Networks grant funds, Capital Fund 

Program, may be included, and will be 

counted, toward your Anticipatory 

Resources rating below. 

(1) You will receive 2 Points if the 

ratio of the amount of HOPE VI funds 

requested for physical development 

activities, not including CSS or 

administration) to the amount of your 

documented anticipatory resources is 

1:0.1 or higher. Your requested amount 

for CSS is shown in Budget Line Item 

1408 of form HUD–52825–A, HOPE VI 

Budget and your requested amount for 

administration is shown in Budget Line 

Item 1410 of form HUD–52825–A. 

(2) You will receive 0 Points if the 

ratio of the amount of HOPE VI funds 

requested for physical development 

activities, not including CSS or 

administration to the amount of your 

documented anticipatory resources is 

less than 1:0.1. 

e. Collateral Investment Leveraging—

2 Points. Collateral investment includes 

physical redevelopment activities that 

are currently underway, or that have yet 

to begin but are projected to be 

completed before October 2009. In order 

for a leverage source to be counted as 

collateral investment, your application 

must demonstrate that the related 

activities will directly enhance the new 

HOPE VI community, but will occur 

whether or not a Revitalization grant is 

awarded to you and the public housing 

project is revitalized. This includes 

economic or other kinds of development 

activities that would have occurred with 

or without the anticipation of HOPE VI 

funds. These resources cannot duplicate 

any other type of resource and cannot be 

counted as match. Examples of 

collateral investments include local 

schools, libraries, subways, light rail 

stations, improved roads, day care 

facilities, and medical facilities. 

(1) You will receive 2 Points if the 

ratio of the amount of HOPE VI funds 

requested for physical development 

activities (not including CSS or 

administration) to the amount of your 

documented collateral resources is 1:1.0 

or higher. 

(2) You will receive 0 Points if the 

ratio of the amount of HOPE VI funds 

requested for physical development 

activities (not including CSS or 

administration) to the amount of your 

documented collateral resources is less 

than 1:1.0. 

4. Rating Factor: Resident and 

Community Involvement—3 Points 

Total.

a. HUD will evaluate the nature, 

extent, and quality of the resident and 

community outreach and involvement 

you have achieved by the time your 

application is submitted, as well as your 

plans for continued and additional 

outreach and involvement beyond the 

minimum threshold requirements. See 

Section III.C. of this NOFA for Resident 

and Community Involvement 

requirements. 

b. Resident and Community 

Involvement—3 Points. You will receive 

1 Point for each of the following criteria 

met in your application, which are over 

and above the threshold requirements 

listed in Section III.C.4. of this NOFA. 

(1) Your application demonstrates 

that you have communicated regularly 

and significantly with affected 

residents, state and local governments, 

private service providers, financing 

entities, developers, and other members 

of the surrounding community about the 

development of your Revitalization plan 

by giving residents and community 

members information about your actions 

regarding the Revitalization plan and 

providing a forum where residents and 

community members can contribute 

recommendations and opinions with 

regard to the development and 

implementation of the Revitalization 

plan. 

(2) Your application demonstrates 

your efforts, past and proposed, to make 

appropriate HUD communications about 

HOPE VI available (i.e., a copy of the 

NOFA, computer access to the HUD 

Web site, etc.). 

(3) Your application demonstrates 

your plans to provide affected residents 

with reasonable training on the general 

principles of development, technical 

assistance, and capacity building so that 

they may participate meaningfully in 

the development and implementation 

process. 

5. Rating Factor: Community and 

Supportive Services—10 Points Total.

a. CSS Program Requirements. See 

Section III.C.4. for CSS program 

requirements. In your application, you 

will describe your CSS plan, including 

any plans to implement a CSS 

Endowment Trust. Each of the following 

subfactors will be rated separately. 

b. Case Management—2 points. You 

will receive 2 Points if your application 

demonstrates that you will be able to 

provide case management within 30 

days from the date of grant award 

execution so that residents who will be 

relocated have time to participate and 

benefit from CSS activities before 

leaving the site. 

c. Needs Identification—1 point. You 

will receive 1 Point if your CSS Program 

has been developed in response to a 

rigorous resident needs identification 

process and directly responds to the 

identified needs. 

d. Transition to Housing SelfSufficiency—4 points. You will receive 

up to 4 Points if you address the 

methods you will use to assist public 

housing residents in their efforts to 

transition to other affordable and 

market-rate housing, i.e., to gain 

‘‘housing self-sufficiency.’’

(1) You will receive up to 4 Points if 

your application demonstrates that your 

CSS Program includes and addresses all 

four of the below items. Your CSS 

Program: 

(a) Provides measurable outcomes for 

this endeavor; 

(b) Relates your other CSS and FSS 

activities and efforts to the transition of 

public housing residents to housing selfsufficiency; 

(c) Specifically addresses the 

community partners, faith-based 

organizations, etc. that will join you in 

the endeavor; and 

(d) Establishes reasonable limits on 

the length of time any resident can 

reside in a public housing unit within 

a HOPE VI Revitalization Development. 

(2) You will receive up to 2 Points if 

your CSS Program includes and 

addresses two of four of the above items 

(a) through (d). 

(3) You will receive 0 Points if your 

CSS Program includes and addresses 

less than two of the above items (a) 

through (d). 

e. Partner Commitments—1 point.

You will receive 1 Point if you provide 

letters from a variety of experienced 

organizations and service providers that 

represent strong relationships and 

commitments to participate in your CSS 

64160 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

activities and accomplish your CSS 

goals of the program. 

f. Quality and Results Orientation—2 

points. You will receive 2 Points if you 

have proposed a high quality, resultsoriented CSS program that is based on 

a comprehensive case management 

system and enables residents affected by 

the revitalization plan to access, at a 

minimum, basic elements of education, 

job training, and other services that will 

assist them in transforming their lives 

and becoming self-sufficient. 

6. Rating Factor: Relocation—5 Points 

Total. See Sections III.C.4. and IV.B. of 

this NOFA for Relocation and 

Relocation Plan requirements. 

a. You will receive 5 Points for this 

Factor if: (1) Your Relocation plan: 

(a) Includes a description of specific 

activities that have (or will) minimize 

permanent displacement of residents of 

the units that will be rehabilitated or 

demolished in the targeted public 

housing site, provided that those 

residents wish to remain in or return to 

the revitalized community; 

(b) Includes a description of specific 

activities that will give existing 

residents priority over other families for 

future occupancy of public housing 

units in completed HOPE VI 

Revitalization Development projects, or, 

for existing residents that can afford to 

live in non-public housing HOPE VI 

units, priority for future occupancy of 

those planned units; and 

(c) contains a description of specific 

CSS activities that will be provided to 

residents prior to any relocation. 

(2) You provide a certification that all

of the residents of the targeted severely 

distressed public housing project have 

been relocated and tracked as of the 

HOPE VI Revitalization application due 

date; 

b. You will receive 4 Points for this 

Factor if: (1) Your Relocation Plan: 

(a) minimizes permanent 

displacement of current residents of the 

public housing site who wish to remain 

in or return to the revitalized 

community and you provide general 

information on the method you will use 

to promote this; 

(b) contains general information about 

the amount of CSS that will be provided 

to residents prior to any relocation; and 

(c) gives existing residents priority for 

occupancy of planned public housing 

units, or for residents that can afford to 

live in other HOPE VI units, priority for 

those planned units and includes 

general information on the method you 

will use to provide this; and 

(2) You: (a) Provide a certification that 

all of the residents of the targeted 

severely distressed public housing 

project have been relocated but you 

were unable to track all residents, as of 

the HOPE VI Revitalization application 

due date. You must describe the efforts 

undertaken to track residents and 

reasons why all residents were not 

tracked; or 

(b) Describe in your application: (i) 

An effective plan to track residents who 

have been or will be relocated from the 

targeted project; and 

(ii) A comprehensive plan that will 

provide mobility counseling and direct 

assistance in locating housing to 

residents who choose Housing Choice 

Voucher assistance that will help them 

to fully understand the full range of 

housing opportunities available to them 

in neighborhoods throughout the 

jurisdiction and to find housing in nonpoverty areas. You must provide a list 

of available units to persons with 

disabilities as required under 24 CFR 

8.28(a)(3); 

c. You will receive 2 Points if: (1) You 

meet only one of the factors described 

in Section b. above and only state that 

your plan will minimize permanent 

relocation and give housing priority to 

current residents. 

d. You will receive 0 Points if: (a) 

Your application:

(i) Does not meet either of the factors 

described in Section (2)(a)(ii) above; 

(ii) Does not include minimization of 

permanent displacement; or 

(iii) Does not give priority for 

occupancy in completed HOPE VI 

Revitalization developments to current 

residents; or 

(b) Your application does not address 

this factor to an extent that makes 

HUD’s rating of this factor possible. 

7. Rating Factor: Fair Housing and 

Equal Opportunity—7 Points Total.

a. FHEO Disability Issues—4 Points 

Total. (1) Accessibility—2 Points. 

(a) Over and above the accessibility 

requirements listed in Section III.C. of 

this NOFA, you will receive 2 Points if 

your application demonstrates that you 

have a detailed plan to: 

(i) Provide accessibility in 

homeownership units (e.g., setting a 

goal of constructing a percentage of the 

homeownership units as accessible 

units for persons with mobility 

impairments; promising to work with 

prospective disabled buyers on 

modifications to be carried out at a 

buyer’s request; exploring design 

alternatives that result in townhouses 

that are accessible to persons with 

disabilities); 

(ii) Provide one-bedroom accessible 

rental units for single individuals with 

disabilities; 

(iii) Provide for accessibility 

modifications, where necessary, to 

Housing Choice Voucher-assisted units 

of residents who relocate from the 

targeted project to private or other 

public housing due to revitalization 

activities. The Department has 

determined that the costs of such 

modifications are eligible costs under 

the HOPE VI program; 

(iv) Where playgrounds are planned, 

propose ways to make them accessible 

to children with disabilities, over and 

above statutory and regulatory 

requirements; and 

(v) Where possible, design units with 

accessible front entrances. 

(b) You will receive 1 Point if your 

application demonstrates that you have 

a detailed plan to implement from one 

to four of the accessibility priorities 

stated above, explaining why and how 

you will implement the identified 

accessibility priorities. 

(c) You will receive 0 Points if your 

application does not demonstrate that 

you have a detailed plan that meets the 

specifications above, or if your 

application does not address this factor 

to an extent that makes HUD’s rating of 

this factor possible. 

(2) Universal Design—2 Points. (a) 

You will receive 2 Points if your 

application demonstrates that you have 

a specific plan to meet: 

(i) The adaptability standards adopted 

by HUD at 24 CFR 8.3 that apply to 

those units not otherwise covered by the 

accessibility requirements. Adaptability 

is the ability of certain elements of a 

dwelling unit, such as kitchen counters, 

sinks, and grab bars, to be added to, 

raised, lowered, or otherwise altered, to 

accommodate the needs of persons with 

or without disabilities, or to 

accommodate the needs of persons with 

different types or degrees of disability. 

For example, the wiring for visible 

emergency alarms may be installed so 

that a unit can be made ready for 

occupancy by a hearing-impaired 

person (For information on adaptability, 

see http://www.hud.gov/offices/pih/

programs/ph/hope6/pubs/glossary.pdf); 

and

(ii) The visitability standards 

recommended by HUD that apply to 

units not otherwise covered by the 

accessibility requirements. Visitability 

standards allow a person with mobility 

impairments access into the home, but 

do not require that all features be made 

accessible. A visitable home also serves 

persons without disabilities, such as a 

mother pushing a stroller or a person 

delivering a large appliance. See http:/

/www.hud.gov/offices/pih/programs/ph/

hope6/pubs/glossary.pdf for information 

on visitability. The two standards of 

visitability are: 

(A) At least one entrance at grade (no 

steps), approached by a sidewalk; and 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64161

(B) The entrance door and all interior 

passage doors are at least 2 feet 10 

inches wide, allowing 32 inches of clear 

passage space. 

(b) You will receive 0 Points if your 

application does not demonstrate that 

you have specific plans to implement 

both (i) and (ii) as specified above, or if 

your application does not address this 

factor to an extent that makes HUD’s 

rating of this factor possible. 

b. Fair Housing and Section 3—3 

Points Total. (1) Fair Housing—2 Points. 

(a) You will receive 2 Points if your 

application demonstrates that: 

(i) You have made and will make 

specific efforts to attract families from 

all segments of the population on a nondiscriminatory basis and with a broad 

spectrum of incomes to the revitalized 

site through intensive affirmative 

marketing efforts and how these efforts 

contribute to the deconcentration of 

low-income neighborhoods; 

(ii) You have made and will make 

specific efforts to target your marketing 

and outreach activities to those persons 

and groups least likely to know about 

these housing opportunities, in order to 

promote housing choice and 

opportunity throughout your 

jurisdiction and contribute to the 

deconcentration of both minority and 

low-income neighborhoods. In your 

application, you must describe how 

your outreach and marketing efforts will 

reach out to persons of different races 

and ethnic groups, families with or 

without children, persons with 

disabilities and able-bodied persons, 

and the elderly; and 

(iii) The specific steps you plan to 

take through your proposed activities to 

affirmatively further fair housing. These 

steps can include, but are not limited to:

(A) Addressing impediments to fair 

housing choice relating to your 

operations; 

(B) Working with local jurisdictions to 

implement their initiatives to 

affirmatively further fair housing; 

(C) Implementing, in accordance with 

Departmental guidance, relocation plans 

that result in increased housing choice 

and opportunity for residents affected 

by HOPE VI revitalization activities 

funded under this NOFA; 

(D) Implementing admissions and 

occupancy policies that are 

nondiscriminatory and help reduce 

racial and national origin 

concentrations; and 

(E) Initiating other steps to remedy 

discrimination in housing and promote 

fair housing rights and fair housing 

choice. 

(b) You will receive 1 Point if you 

address all of the above issues only in 

a general way. 

(c) You will receive 0 Points if you do 

not address all of the above issues, or if 

your application does not address this 

factor to an extent that makes HUD’s 

rating of this factor possible. 

(2) Economic Opportunities for Lowand Very Low-Income Persons (Section 

3)—1 Point. 

(a) HOPE VI grantees must comply 

with Section 3 of the Housing and 

Urban Development Act of 1968 (12 

U.S.C. 1701u) (Economic Opportunities 

for Low- and Very Low-Income Persons 

in Connection with assisted Projects) 

and its implementing regulations at 24 

CFR part 135. Information about Section 

3 can be found at HUD’s Section 3 Web 

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

sec3over.html.

(b) You will receive 1 Point if your 

application demonstrates that you have 

a feasible plan to implement Section 3 

that not only meets the minimum 

requirements described in Section (a) 

above but also exceeds those 

requirements. Your plan must include 

your goals by age group, types of jobs 

and other opportunities to be provided, 

and plans for tracking and evaluation. 

Section 3 firms must be in place quickly 

so that residents are trained in time to 

take advantage of employment 

opportunities such as jobs and other 

contractual opportunities in the predevelopment, demolition, and 

construction phases of the 

revitalization. Your Section 3 plan must 

demonstrate that you will, to the 

greatest extent feasible, direct training, 

employment, and other economic 

opportunities to: 

(i) Low- and very low-income 

persons, particularly those who are 

recipients of government assistance for 

housing, and 

(ii) Business concerns which provide 

economic opportunities to low- and 

very low-income persons. 

(b) You will receive 0 Points if your 

plan to implement Section 3 does not 

meet the standards listed in Section (b) 

above, or if your application does not 

address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

8. Rating Factor: Well-Functioning 

Communities—8 Points Total.

a. Affordable Housing. (1) Housing 

Definitions. For the purposes of this 

rating section, housing units are defined 

differently than in PIH housing 

programs, as follows: 

(a) ‘‘project-based affordable housing 

units’’ are defined as housing units 

where there are affordable-housing use 

restrictions, e.g., public housing, 

project-based Section 8 (HCV), LIHTC 

units, HOME units, etc. 

(b) ‘‘public housing rental units’’ are 

defined as rental units that will be 

subject to the ACC. 

(c) Homeownership units and leasepurchase units are not considered as 

public housing. 

(d) Units sold under Section 32 are 

not considered as public housing. 

(2) Unit Mix and Need for Affordable 

Housing—3 Points. (a) Your proposed 

unit mix should sustain or create more 

project-based affordable housing units 

that will be available to persons eligible 

for public housing in markets where the 

plan shows there is demand for the 

maintenance or creation of such units. 

While it is up to you to determine the 

unit mix that is appropriate for your 

site, it is essential that this unit mix 

include a sufficient amount of public 

housing rental units and other projectbased affordable units. To the extent 

that the local market shows there is a 

demand for it, applicants are 

encouraged to create additional projectbased affordable housing units to be 

made available for persons eligible for 

public housing. 

(b) No Need for Additional Affordable 

Housing. 

(i) You will receive 1 Point for this 

factor if your application demonstrates 

that: 

(A) The utilization rate of your 

Housing Choice Voucher program is less 

than 95 percent; or 

(B) The occupancy rate of your public 

housing inventory is less than 95 

percent. 

(c) Need for Additional Affordable 

Housing. 

(i) For this factor, HUD considers you 

in need of project-based affordable 

housing if: 

(A) The utilization rate of your 

Housing Choice Voucher program is 95 

percent or more; or 

(B) The occupancy rate of your public 

housing inventory is 95 percent or more.

(ii) The percentages below are defined 

as the number of planned project-based 

affordable units divided by the number 

of public housing units that the targeted 

project contained on the application due 

date; 

(iii) You will receive 3 Points if your 

application demonstrates that the 

number of project-based affordable units 

in your plan is 125 percent of the 

number of public housing units that the 

targeted project contained on the 

application due date; 

(iv) You will receive 2 Points if your 

application demonstrates that the 

number of project-based affordable units 

in your plan is 110 percent of the 

number of public housing units that the 

targeted project contained on the 

application due date 

64162 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

(v) You will receive 1 Point if your 

application demonstrates that the 

number of project-based affordable units 

in your plan is 100 percent of the 

number of public housing units that the 

targeted project contained on the 

application due date. 

(vi) You will receive 0 Points if your 

application demonstrates that the 

number of project-based affordable units 

in your plan is less than the number of 

public housing units that the targeted 

project contained on the application due 

date or if your application does not 

address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

b. Off-Site Housing. (1) Factor 

Background. 

(a) Although not required, you are 

encouraged to consider development of 

replacement housing in locations other 

than the original severely distressed site 

(i.e., off-site housing). Locating off-site 

housing in neighborhoods with low 

levels of poverty and low concentrations 

of minorities will provide maximized 

housing alternatives for low-income 

residents who are currently on-site and 

assist the goal of creating desegregated, 

mixed-income communities. The effect 

on-site will be to assist in the 

deconcentration of low-income 

residents and increase the number of 

replacement units. 

(b) Although it is acknowledged that 

off-site housing is not appropriate in 

some communities, if you do not 

propose to include off-site housing in 

your Revitalization plan, you are not 

eligible to receive this point. 

(c) If you propose an off-site housing 

component in your application, you 

must be sure to include that component 

when you discuss other components 

(e.g. on-site housing, homeownership 

housing, etc.). Throughout your 

application, your unit counts and other 

numerical data must take into account 

the off-site component. 

(2) Off-Site Housing—1 Point. You 

will receive 1 Point if you propose to 

develop an off-site housing 

component(s) and document that: you 

have site control of the property(ies), 

that the site(s) meets all environmental 

review requirements, and that the site(s) 

meets site and neighborhood standards, 

in accordance with Section III.C.4.m(1) 

of this NOFA. 

c. Homeownership Housing—4 Points.

The Department has placed the highest 

priority on increasing homeownership 

opportunities for low- and moderateincome persons, persons with 

disabilities, the elderly, minorities, and 

families where English may be a second 

language. Too often these individuals 

and families are shut out of the housing 

market through no fault of their own. 

HUD encourages applicants to work 

aggressively to open up the realm of 

homeownership. 

(1) Your application will receive 4 

Points if your application demonstrates 

that your Revitalization plan includes 

homeownership and that you have a 

feasible, well-defined plan for 

homeownership. In order to 

demonstrate this, your application 

should include descriptions of the 

following: 

(a) The purpose of your 

homeownership program; 

(b) The number of units planned and 

their location(s); 

(c) A description and justification of 

the families that will be targeted for the 

program; 

(d) The proposed source of your 

construction and permanent financing 

of the units; and 

(e) A description of the 

homeownership counseling you or a 

HUD-approved housing counseling 

agency will provide to prospective 

families, including such subjects as the 

homeownership process, housing in 

non-impacted areas, credit repair, 

budgeting, and home maintenance. 

(2) You will receive 2 Points for this 

factor if you address in your description 

from one to four of the items listed 

under (1). 

(3) You will receive 0 Points for this 

factor if you do not propose to include 

homeownership units in your 

Revitalization plan, your proposed 

program is not feasible and well 

defined, or if your application does not 

address this factor to an extent that 

makes HUD’s rating of this factor 

possible. 

9. Rating Factor: Soundness of 

Approach—25 Points Total.

a. Quality and Consistency of the 

Application—2 Points. (1) The 

information and strategies described in 

your application must be well 

organized, coherent, and internally 

consistent. Numbers and statistics in 

your narratives must be consistent with 

the information provided in the 

attachments. Also, the physical and CSS 

aspects of the application must be 

compatible and coordinated with each 

other. Pay particular attention to the 

data provided for:

(a) Types and numbers of units; 

(b) Budgets; 

(c) Other financial estimates, 

including sources and uses; and 

(d) Numbers of residents affected. 

(2) You will receive 2 points if your 

application demonstrates a high level of 

quality and consistency; 

(3) You will receive 1 point if your 

application has a high level of quality, 

but contains minor internal 

discrepancies; 

(4) You will receive 0 points if your 

application fails to demonstrate an 

acceptable level of quality and 

consistency; 

b. Appropriateness and Feasibility of 

the Plan—5 Points. (1) You will receive 

5 points if your application 

demonstrates that your Revitalization 

plan is: 

(a) Appropriate and suitable, in the 

context of the community and other 

revitalization options, in accordance 

with the Appropriateness of Proposal 

threshold in Section III.C. of this NOFA; 

(b) Marketable, in the context of local 

conditions; 

(c) Financially feasible, as 

demonstrated in the financial 

structure(s) proposed in the application. 

(2) You will receive 3 points if your 

application only moderately 

demonstrates the criteria of (1)(a)–(c) 

above. 

(3) You will receive 0 Points if your 

application does not demonstrate the 

criteria of (1)(a)–(c) above. 

c. Neighborhood Impact and 

Sustainability of the Plan—5 Points. (1) 

You will receive 5 Points if your 

application demonstrates your 

Revitalization plan, including plans for 

retail, office, other economic 

development activities, as appropriate, 

will: 

(a) Result in a revitalized site that will 

enhance the neighborhood in which the 

project is located; 

(b) Spur outside investment into the 

surrounding community; 

(c) Enhance economic opportunities 

for residents; and 

(d) Remove an impediment to 

continued redevelopment or start a 

community-wide revitalization process. 

(2) You will receive 3 Points if your 

application demonstrates that your 

Revitalization plan will have only a 

moderate effect on activities in the 

surrounding community, as described in 

(a)(i)–(iv) above. 

(3) You will receive 0 Points if your 

application does not demonstrate that 

your Revitalization plan will have an 

effect on the surrounding community, as 

described in (a)(i)–(iv) above, or if your 

application does not address this factor 

to an extent that makes HUD’s rating of 

this factor possible. 

d. Project Readiness—7 Points. HUD 

places top priority on projects that will 

be able to commence immediately after 

grant award. You will receive the 

following points for each applicable 

subfactor certified in your application. 

(1) You will receive 2 Points if the 

targeted severely distressed public 

housing site is completely vacant, i.e., 

all residents have been relocated.

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64163

(2) You will receive 2 Points if the 

targeted severely distressed public 

housing site is cleared, i.e., all buildings 

are demolished, or your Revitalization 

plan only includes rehabilitation and no 

demolition of public housing units.. 

(3) You will receive 1 Point if a 

Master Development Agreement (MDA) 

has been developed and is ready to 

submit to HUD. However, in cases 

where the PHA (not an affiliate/

subsidiary/instrumentality) will act as 

its own developer for all components of 

the Revitalization plan, then an MDA is 

not needed and the one point will be 

awarded automatically. 

(4) You will receive 1 Point if your 

preliminary site design is complete. 

(5) You will receive 1 Point if you 

have held five (5) or more public 

planning sessions leading to resident 

acceptance of the plan. 

e. Design—3 Points. HUD is seeking 

excellence in design. We urge you to 

carefully select your architects and 

planners, and to enlist local affiliates of 

national architectural and planning 

organizations such as the American 

Institute of Architects, the American 

Society of Landscape Architects, the 

American Planning Association, the 

Congress for the New Urbanism, and the 

department of architecture at a local 

college or university to assist you in 

assessing qualifications of design 

professionals or participating on a 

selection panel that results in the 

procurement of excellent design 

services. 

HUD encourages you to select a 

design team that is committed to a 

process in which residents, including 

young people and seniors, the broader 

community, and other stakeholders 

participate in designing the new 

community. 

Your proposed site plan, new units, 

and other buildings must be designed to 

be compatible with and enrich the 

surrounding neighborhood. Local 

architecture and design elements and 

amenities should be incorporated into 

the new or rehabilitated homes so that 

the revitalized sites and structures will 

blend into the broader community and 

appeal to the market segments for which 

they are intended. Housing, community 

facilities, and economic development 

space must be well integrated. You must 

select members of your team who have 

the ability to meet these requirements. 

(1) You will receive 3 Points if your 

proposed site plan, new dwelling units, 

and buildings demonstrate that: 

(a) You have proposed a site plan that 

is compact, pedestrian-friendly, with an 

interconnected network of streets and 

public open space; 

(b) Your proposed housing, 

community facilities, and economic 

development facilities are thoroughly 

integrated into the community through 

the use of local architectural tradition, 

building scale, grouping of buildings, 

and design elements; and 

(c) Your plan proposes appropriate 

enhancements of the natural 

environment. 

(2) You will receive 1 Point if your 

proposed site plan, new dwelling units, 

and buildings demonstrate design that 

adequately addresses one or two, but 

not all three of the elements above. 

(3) You will receive 0 Points if your 

proposed design is perfunctory or 

otherwise does not address the above 

elements. You will also receive 0 Points 

if your application does not address this 

factor to an extent that makes HUD’s 

rating of this factor possible. 

f. Evaluation—3 Points. You are 

encouraged to work with your local 

university(ies), other institutions of 

learning, foundations, or others to 

evaluate the performance and impact of 

their HOPE VI Revitalization plan over 

the life of the grant. The proposed 

methodology must measure success 

against goals you set at the outset of 

your revitalization activities. Evaluators 

must establish baselines and provide 

ongoing interim reports that will allow 

you to make changes as necessary as 

your project proceeds. Where possible, 

you are encouraged to form partnerships 

with Historically Black Colleges and 

Universities (HBCUs); Hispanic-Serving 

Institutions (HSIs); Community 

Outreach Partnership Centers (COPCs); 

the Alaskan Native/Native Hawaiian 

Institution Assisting Communities 

Program (as appropriate); and others in 

HUD’s University Partnerships Program. 

(1) You will receive 3 Points if your 

application includes a letter(s) from an 

institution(s) of higher learning, 

foundations, or other organization that 

specializes in research and evaluation 

that provides a commitment to work 

with you to evaluate your program and 

describes its proposed approach to carry 

out the evaluation if your application is 

selected for funding. The letter must 

provide the extent of the commitment 

and involvement, the extent to which 

you and the local institution of higher 

learning will cooperate, and the 

proposed approach. The commitment 

letter must address all of the following 

areas for evaluation: 

(a) The impact of your HOPE VI effort 

on the lives of the residents; 

(b) The nature and extent of economic 

development generated in the 

community; 

(c) The effect of the revitalization 

effort on the surrounding community, 

including spillover revitalization 

activities, property values, etc.; and 

(d) Your success at integrating the 

physical and CSS aspects of your 

strategy. 

(2) You will receive 0 Points if your 

application does not include a 

commitment letter that conforms to the 

specifications in paragraph (b) above. 

10. Rating Factor: Incentive Criteria 

on Regulatory Barrier Removal—2 

Points Total.

a. Description. (1) HUD’s Notice, 

America’s Affordable Communities 

Initiative, HUD’s Initiative on Removal 

of Regulatory Barriers: Announcement 

of Incentive Criteria on Barrier Removal 

in HUD’s FY 2004 Competitive Funding 

Allocations, Federal Register Docket 

Number FR–4882–N–03, published on 

March 22, 2004, provides that most 

HUD competitive NOFAs will include 

an incentive for local and state 

governments to decrease their regulatory 

barriers to the development of 

affordable housing. 

(2) Form HUD–27300 contains 

questions that describe your local and 

state governments’ efforts to decrease 

regulatory barriers. 

b. Scoring. (1) If you are considered a 

local unit of government with land use 

and building regulatory authority, an 

agency or department of a local unit of 

government, a nonprofit organization, or 

other qualified applicant applying for 

funding for a project located in the local 

unit of government’s jurisdiction, you 

are invited to answer the 20 questions 

in PART A of form HUD–27300. For 

those applications in which regulatory 

authority is split between jurisdictions 

(e.g., county and town) the applicant 

should answer the question for that 

jurisdiction that has regulatory authority 

over the issue at question. 

(a) If you check Column 2 for five to 

ten questions from PART A, you will 

receive 1 point in the NOFA evaluation. 

(b) If you check Column 2 for eleven 

or more questions from PART A, you 

will receive 2 points in the NOFA 

evaluation. 

(2) If you are considered a state 

government, or an agency or department 

of a state government, applying for 

funding for a project located in the state 

government’s jurisdiction, or areas 

otherwise not covered in Part A, you are 

invited to answer the 15 questions in 

PART B. 

(a) If you check Column 2 for four to 

seven questions from PART B, you will 

receive one point in the NOFA 

evaluation.

(b) If you check Column 2 for eight or 

more questions from PART B, you will 

receive two points in the NOFA 

evaluation. 

64164 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

(3) Applicants that will be providing 

services in multiple jurisdictions may 

choose to address the questions in either 

PART A or PART B for that jurisdiction 

in which the preponderance of services 

will be performed if an award is made. 

(4) In no case will an applicant 

receive for this policy priority greater 

than two points for barrier removal 

activities. 

B. Reviews and Selection Process.

HUD’s selection process is designed to 

ensure that grants are awarded to 

eligible PHAs with the most meritorious 

applications. HUD will consider the 

information you submit by the 

application due date. After the 

application due date, HUD may not, 

consistent with its regulations in 24 CFR 

part 4, subpart B, consider any 

unsolicited information that you or any 

third party may want to provide. 

1. Application Screening. a. HUD will 

screen each application to determine if: 

(1) it meets the threshold criteria 

listed in Section III.C. of this NOFA; and 

(2) it is deficient, i.e., contains any 

Technical Deficiencies. 

b. See Section III.C. of this NOFA for 

case-by-case information regarding 

thresholds and technical deficiencies. 

See Section IV.B. of this NOFA for 

documentation requirements that will 

support threshold compliance and will 

avoid technical deficiencies. 

c. Corrections to Deficient 

Applications. The subsection entitled, 

‘‘Corrections to Deficient Applications,’’

in Section V.B.4. of the SuperNOFA 

applies. This sub-section describes the 

Technical Deficiencies cure period. 

d. Applications that will not be rated 

or ranked. HUD will not rate or rank 

applications that are deficient at the end 

of the cure period stated in Section V.B. 

of the SuperNOFA or have not met the 

thresholds described in Section III.C. of 

this NOFA. Such applications will not 

be eligible for funding. 

2. Preliminary Rating and Ranking.

a. Rating. (1) HUD staff will 

preliminarily rate each eligible 

application, SOLELY on the basis of the 

rating factors described in Section V.A 

of this NOFA. 

(2) When rating applications, HUD 

reviewers will not use any information 

included in any HOPE VI application 

submitted in a prior year. 

(3) HUD will assign a preliminary 

score for each rating factor and a 

preliminary total score for each eligible 

application. 

(4) The maximum number of points 

for each application is 125. 

b. Ranking. (1) After preliminary 

review, applications will be ranked in 

score order. 

3. Final Panel Review. a. A Final 

Review Panel made up of HUD staff 

will: 

(1) Review the Preliminary Rating and 

Ranking documentation to: 

(a) Ensure that any inconsistencies 

between preliminary reviewers have 

been identified and rectified; and 

(b) Ensure that the Preliminary Rating 

and Ranking documentation accurately 

reflects the contents of the application. 

(2) Assign a final score to each 

application; and 

(3) Recommend for selection the most 

highly rated applications, subject to the 

amount of available funding, in 

accordance with the allocation of funds 

described in Section II of this NOFA. 

4. HUD reserves the right to make 

reductions in funding for any ineligible 

items included in an applicant’s 

proposed budget. 

5. In accordance with the FY2003 

HOPE VI appropriation, HUD may not 

use HOPE VI funds to grant competitive 

advantage in awards to settle litigation 

or pay judgments. 

6. Tie Scores. If two or more 

applications have the same score and 

there are insufficient funds to select all 

of them, HUD will select for funding the 

application(s) with the highest score for 

the Soundness of Approach Rating 

Factor. If a tie remains, HUD will select 

for funding the application(s) with the 

highest score for the Capacity Rating 

Factor. HUD will select further tied 

applications with the highest score for 

the Need Rating Factor. 

7. Remaining Funds. a. HUD reserves 

the right to reallocate remaining funds 

from this NOFA to other eligible 

activities under Section 24 of the Act. 

(1) If the total amount of funds 

requested by all applications found 

eligible for funding under Section V.B. 

of this NOFA is less than the amount of 

funds available from this NOFA, all 

eligible applications will be funded and 

those funds in excess of the total 

requested amount will be considered 

remaining funds. 

(2) If the total amount of funds 

requested by all applications found 

eligible for funding under Section V.B. 

of this NOFA is greater than the amount 

of funds available from this NOFA, 

eligible applications will be funded 

until the amount of non-awarded funds 

is less than the amount required to 

feasibly fund the next eligible 

application. In this case, the funds that 

have not been awarded will be 

considered remaining funds. 

8. The following sub-sections of 

Section V. of the SuperNOFA are hereby 

incorporated by reference: 

a. HUD’s Strategic Goals; 

b. Policy Priorities; 

c. Threshold Compliance; 

d. Corrections to Deficient 

Applications; 

e. Rating; and 

f. Ranking. 

VI. Award Administration Information 

A. Award Notices.

1. Initial Announcement. The HUD 

Reform Act prohibits HUD from 

notifying you as to whether or not you 

have been selected to receive a grant 

until it has announced all grant 

recipients. If your application has been 

found to be ineligible or if it did not 

receive enough Points to be funded, you 

will not be notified until the successful 

applicants have been notified. HUD will 

provide written notification to all 

applicants, whether or not they have 

been selected for funding. 

2. Authorizing Document. The notice 

of award signed by the Assistant 

Secretary for Public and Indian Housing 

(grants officer) is the authorizing 

document. This notice will be delivered 

by fax and the U.S. Postal Service. 

3. Revitalization Grant Agreement.

When you are selected to receive a 

Revitalization grant, HUD will send you 

a HOPE VI Revitalization Grant 

Agreement, which constitutes the 

contract between you and HUD to carry 

out and fund public housing 

revitalization activities. Both you and 

HUD will sign the cover sheet of the 

grant agreement. It is effective on the 

date of HUD’s signature. The grant 

agreement differs from year to year. Past 

Revitalization Grant Agreements can be 

found on the HOPE VI Web site at http:/

/www.hud.gov/hopevi.

4. Applicant Debriefing. Upon 

request, HUD will provide an applicant 

a copy of the total score received by 

their application and the score received 

for each rating factor. 

5. SuperNOFA References. The 

following sub-section of Section VI.A. of 

the SuperNOFA is hereby incorporated 

by reference: a. Adjustments to Funding. 

B. Administrative and National Policy 

Requirements.

1. Grant term. The time period for 

completion shall not exceed 54 months 

from the date the NOFA award is 

executed. 

2. Timeliness of Development 

Activity. Grantees must proceed within 

a reasonable timeframe, as indicated 

below. In determining reasonableness of 

such timeframe, HUD will take into 

consideration those delays caused by 

factors beyond your control. These 

timeframes must be reflected in the form 

of a program schedule, in accordance 

with the threshold requirement at 

Section V.A. 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64165

a. Grantees must submit 

Supplemental Submissions within 90 

days from the date of HUD’s written 

request. 

b. Grantees must submit CSS work 

plans within 90 days from the execution 

of the grant agreement.

c. All other required components of 

the Revitalization plan and any other 

submissions not mentioned above must 

be submitted in accordance with the 

Quarterly Report Administrative and 

Compliance Checkpoints Report, as 

approved by HUD. 

d. Grantees must start construction 

within 12 months from the date of 

HUD’s approval of the Supplemental 

Submissions as requested by HUD after 

grant award. This time period may not 

exceed 18 months from the date the 

grant agreement is executed. 

e. Grantees must submit the 

development proposal (i.e., whether 

mixed-finance development, 

homeownership development, etc.) for 

the first phase of construction within 12 

months of grant award. The program 

schedule must indicate the date on 

which the development proposal for 

each phase of the revitalization plan 

will be submitted to HUD. 

f. The closing of the first phase must 

take place within 15 months of grant 

award. For this purpose, ‘‘closing’’

means all financial and legal 

arrangements have been executed and 

actual activities (construction, etc.) are 

ready to commence. 

g. Grantees must complete 

construction within 48 months from the 

date of HUD’s approval of your 

Supplemental Submissions. This time 

period for completion may not exceed 

54 months from the date the grant 

agreement is executed. 

3. HOPE VI Endowment Trust 

Addendum to the Grant Agreement.

This document must be executed 

between the grantee and HUD in order 

for the grantee to use CSS funds in 

accordance with Section III.C.4.k.(2) of 

this NOFA. 

4. Revitalization Plan. After HUD 

conducts a post-award review of your 

application and makes a visit to the site, 

you will be required to submit 

components of your Revitalization plan 

to HUD, as provided in the HOPE VI 

Revitalization Grant Agreement. These 

components include, but are not limited 

to: 

a. Supplemental Submissions, 

including a HOPE VI Program Budget; 

b. A Community and Supportive 

Services work plan, in accordance with 

guidance provided by HUD; 

c. A standard or mixed-finance 

development proposal, as applicable; 

d. A demolition and disposition 

application, as applicable; and 

e. A homeownership proposal, as 

applicable. 

5. Management Agreement. HOPE VI 

Revitalization grantees will be required 

to develop Management Agreements 

that describe their operation and 

management principles and policies for 

their public housing units. 

6. Match. a. Grantees will be required 

to show evidence that matching 

resources were actually received and 

used for their intended purposes 

through quarterly reports as the project 

proceeds. Sources of matching funds 

may be substituted after grant award, as 

long as the dollar requirement is met. 

b. Grantees must pursue and enforce 

any commitment (including 

commitments for services) obtained 

from any public or private entity for any 

contribution or commitment to the 

project or surrounding area that was 

part of the match amount. 

7. LOCCS Requirements. The grantee 

must record all obligations and 

expenditures in LOCCS. 

8. Conflict of Interest in Grant 

Activities. a. Prohibition. In addition to 

the conflict of interest requirements in 

24 CFR part 85, no person who is an 

employee, agent, consultant, officer, or 

elected or appointed official of a grantee 

and who exercises or has exercised any 

functions or responsibilities with 

respect to activities assisted under a 

HOPE VI grant, or who is in a position 

to participate in a decision-making 

process or gain inside information with 

regard to such activities, may obtain a 

financial interest or benefit from the 

activity, or have an interest in any 

contract, subcontract, or agreement with 

respect thereto, or the proceeds 

thereunder, either for himself or herself 

or for those with whom he or she has 

family or business ties, during his or her 

tenure or for one year thereafter. 

b. HUD-Approved Exception. (1) 

Standard. HUD may grant an exception 

to the prohibition in Section (1) above 

on a case-by-case basis when it 

determines that such an exception will 

serve to further the purposes of HOPE 

VI and its effective and efficient 

administration. 

(2) Procedure. HUD will consider 

granting an exception only after the 

grantee has provided a disclosure of the 

nature of the conflict, accompanied by: 

(a) An assurance that there has been 

public disclosure of the conflict; 

(b) A description of how the public 

disclosure was made; and 

(c) An opinion of the grantee’s 

attorney that the interest for which the 

exception is sought does not violate 

state or local laws. 

(d) Consideration of Relevant Factors. 

In determining whether to grant a 

requested exception under Section (b) 

above, HUD will consider the 

cumulative effect of the following 

factors, where applicable: 

(A) Whether the exception would 

provide a significant cost benefit or an 

essential degree of expertise to the 

Revitalization plan and demolition 

activities that would otherwise not be 

available; 

(B) Whether an opportunity was 

provided for open competitive bidding 

or negotiation; 

(C) Whether the person affected is a 

member of a group or class intended to 

be the beneficiaries of the Revitalization 

plan and Demolition plan and the 

exception will permit such person to 

receive generally the same interests or 

benefits as are being made available or 

provided to the group or class;

(D) Whether the affected person has 

withdrawn from his or her functions or 

responsibilities, or the decision making 

process, with respect to the specific 

activity in question; 

(E) Whether the interest or benefit was 

present before the affected person was 

in a position as described in Section (iii) 

above; 

(F) Whether undue hardship will 

result either to the grantee or the person 

affected when weighed against the 

public interest served by avoiding the 

prohibited conflict; and 

(G) Any other relevant considerations. 

9. Flood Insurance. In accordance 

with the Flood Disaster Protection Act 

of 1973 (42 U.S.C. 4001–4128), your 

application may not propose to provide 

financial assistance for acquisition or 

construction (including rehabilitation) 

of properties located in an area 

identified by the Federal Emergency 

Management Agency (FEMA) as having 

special flood hazards, unless: 

a. The community in which the area 

is situated is participating in the 

National Flood Insurance program (see 

44 CFR parts 59 through 79), or less 

than one year has passed since FEMA 

notification regarding such hazards; and 

b. Where the community is 

participating in the National Flood 

Insurance Program, flood insurance is 

obtained as a condition of execution of 

a grant agreement. 

10. Coastal Barrier Resources Act. In 

accordance with the Coastal Barrier 

Resources Act (16 U.S.C. 3501), your 

application may not target properties in 

the Coastal Barrier Resources System. 

11. Final Audit. Grantees are required 

to obtain a complete final closeout audit 

of the grant’s financial statements by a 

certified public accountant (CPA), in 

accordance with generally accepted 

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government audit standards. A written 

report of the audit must be forwarded to 

HUD within 60 days of issuance. Grant 

recipients must comply with the 

requirements of 24 CFR part 84 or 24 

CFR part 85 as stated in OMB Circulars 

A–110, A–87, and A–122, as applicable. 

12. Policy Requirements. a. OMB 

Circulars and Administrative 

Requirements. You must comply with 

the following administrative 

requirements related to the expenditure 

of federal funds. OMB circulars can be 

found at http://www.whitehouse.gov/

omb/circulars/index.html. Copies of the 

OMB circulars may be obtained from 

EOP Publications, Room 2200, New 

Executive Office Building, Washington, 

DC 20503; telephone (202) 395–7332 

(this is not a toll-free number). The Code 

of Federal Regulations can be found at 

http://www.access.gpo.gov/nara/cfr/

index.html.

(1) Administrative requirements 

applicable to PHAs are: 

(a) 24 CFR part 85 (Administrative 

Requirements for Grants and 

Cooperative Agreements to State, Local, 

and Federally Recognized Indian Tribal 

Governments), as modified by 24 CFR 

941 or successor part, subpart F, relating 

to the procurement of partners in mixed 

finance developments. 

(b) OMB Circular A–87 (Cost 

Principles for State, Local, and Indian 

Tribal Governments); 

(c) 24 CFR 85.26 (audit requirements). 

(2) Administrative requirements 

applicable to nonprofit organizations 

are: 

(a) 24 CFR part 84 (Grants and 

Agreements with Institutions of Higher 

Education, Hospitals, and other 

Nonprofit Organizations); 

(b) OMB Circular A–122 (Cost 

Principles for Nonprofit Organizations); 

(c) 24 CFR 84.26 (audit requirements). 

(3) Administrative requirements 

applicable to for profit organizations 

are: 

(a) 24 CFR part 84 (Grants and 

Agreements with Institutions of Higher 

Education, Hospitals, and other 

Nonprofit Organizations); 

(b) 48 CFR part 31 (contract cost 

principles and procedures); 

(c) 24 CFR 84.26 (audit requirements). 

C. Reporting.

1. Quarterly Report. a. If you are 

selected for funding, you must submit a 

quarterly report to HUD. 

(1) HUD will provide training and 

technical assistance on the filing and 

submitting of quarterly reports. 

(2) Filing of quarterly reports is 

mandatory for all grantees, and failure 

to do so within the required timeframe 

will result in suspension of grant funds 

until the report is filed and approved by 

HUD. 

(3) Grantees will be held to the 

milestones that are reported on the 

Quarterly Report Administrative and 

Compliance Checkpoints Report, as 

approved by HUD. 

(4) Grantees must also report 

obligations and expenditures in LOCCS, 

or its successor system, on a quarterly 

basis. 

2. Logic Model Reporting. a. The 

reporting shall include submission of a 

completed Logic Model indicating 

results achieved against the proposed 

output goal(s) and proposed outcome(s) 

which you stated in your approved 

application and agreed upon with HUD. 

The submission of the Logic Model and 

required information should be in 

accord with the reporting timeframes as 

identified in your grant agreement.

b. As a condition of the receipt of 

financial assistance under a HUD 

Program NOFA, all successful 

applicants will be required to cooperate 

with all HUD staff or contractors 

performing HUD-funded research and 

evaluation studies. 

3. Final Report. The grantees shall 

submit a final report, which will 

include a financial report and a 

narrative evaluating overall performance 

against its HOPE VI Revitalization plan. 

Grantees shall use quantifiable data to 

measure performance against goals and 

objectives outlined in its application. 

The financial report shall contain a 

summary of all expenditures made from 

the beginning of the grant agreement to 

the end of the grant agreement and shall 

include any unexpended balances. The 

final narrative and financial report shall 

be due to HUD 90 days after either the 

full expenditure of funds, or when the 

grant term expires, whichever comes 

first. 

VII. Agency Contacts 

A. Technical Assistance. 1. Before the 

application due date, HUD staff will be 

available to provide you with general 

guidance and technical assistance. 

However, HUD staff is not permitted to 

assist in preparing your application. If 

you have a question or need a 

clarification, you may call, fax, or write 

Mr. Milan Ozdinec, Deputy Assistant 

Secretary for Public Housing 

Investments, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 4130, Washington, 

DC 20410–5000; telephone (202) 401–

8812; fax (202) 401–2370 (these are not 

toll-free numbers). Persons with hearing 

or speech challenges may access these 

telephone numbers through a text 

telephone (TTY) by calling the toll-free 

Federal Information Relay Service at 

(800) 877–8339. 

2. Frequently Asked Questions. Before 

the application due date, frequently 

asked questions (FAQ) on the NOFA 

will be posted to HUD’s grants Web site 

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

grants/otherhud.cfm.

B. Technical Corrections to the NOFA.

1. Technical corrections to this NOFA 

will be posted to the Grants.gov/Find 

Web site and to http://www.hud.gov/

offices/adm/grants/otherhud.cfm.

2. Any technical corrections will also 

be published in the Federal Register. 

3. You are responsible for monitoring 

these sites during the application 

preparation period. 

C. General Information. General 

information about HUD’s H6 program 

can be found on the Internet at http://

www.hud.gov/offices/pih/programs/ph/

hope6/.

VIII. Other Information 

A. Waivers. Any HOPE VI-funded 

activities at public housing projects are 

subject to statutory requirements 

applicable to public housing projects 

under the 1937 Act, other statutes, and 

the annual contributions contract (ACC). 

Within such restrictions, HUD seeks 

innovative solutions to the longstanding problems of severely distressed 

public housing projects. You may 

request, for the revitalized project, a 

waiver of HUD regulations, subject to 

statutory limitations and a finding of 

good cause under 24 CFR 5.110 if the 

waiver will permit you to undertake 

measures that enhance the long-term 

viability of a project revitalized under 

this program. HUD will assess each 

request to determine whether good 

cause is established to grant the waiver. 

B. Environmental Impact. A Finding 

of No Significant Impact with respect to 

the environment has been made for this 

notice in accordance with HUD 

regulations at 24 CFR part 50 that 

implement Section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4332). The Finding of 

No Significant Impact is available for 

public inspection between 8 a.m. and 5 

p.m. in the Office of the General 

Counsel, Regulations Division, Room 

10276, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Washington, DC 20410–0500. 

C. SuperNOFA References. The 

following sub-sections of Section VIII. of 

the SuperNOFA are hereby incorporated 

by reference: 

1. Executive Order 13132, Federalism; 

2. Public Access, Documentation and 

Disclosure; 

4. Section 103 of the HUD Reform 

Act; 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64167

5. The FY 2004 HUD NOFA Process 

and Future HUD Funding Processes; 

and 

6. Sense of Congress. 

D. Paperwork Reduction Act 

Statement. The information collection 

requirements contained in this 

document 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–

0208. In accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor, and an person is not required 

to respond to, a collection of 

information unless the collection 

displays a currently valid OMB control 

number. Public reporting burden for the 

collection of information is estimated to 

average 68 hours per annum per 

respondent for the application and grant 

administration. This includes the time 

for collecting, reviewing, and reporting 

the data for the application, quarterly 

reports and final report. 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 25, 2004. 

Michael Liu, 

Assistant Secretary for Public and Indian 

Housing.

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[FR Doc. 04–24275 Filed 11–2–04; 8:45 am] 

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