[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 68953-68965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26115]



[[Page 68953]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4931-N-01]


Notice of Funding Availability for the Section 202 Demonstration 
Planning Grant Program

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice of Funding Availability.

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Overview Information

    A. Federal Agency Name: Department of Housing and Urban 
Development, Office of Housing.
    B. Funding Opportunity Title: Section 202 Demonstration Planning 
Grant Program.
    C. Announcement Type: Initial announcement.
    D. Funding Opportunity Number: The OMB approval number for this 
NOFA is 2502-0267. The Federal Register number is FR-4931-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.157, 
Section 202 Demonstration Planning Grant Program
    F. Dates: Application Deadline Date: January 10, 2005.
    An original and 2 copies of a completed application package is due 
to the appropriate local HUD Office on or before January 10, 2005. See 
Appendix 1 for a complete listing of the Multifamily Hub Offices and 
Multifamily Program Centers.
    G. Additional Overview Content Information: Private nonprofit 
organizations and nonprofit consumer cooperatives interested in 
applying for funding under this program should carefully review the 
General Section of FY 2004 SuperNOFA (69 FR-26942, May 14, 2004), the 
Section 202 Program NOFA (69 FR-22709, May 14, 2004), and the 
information detailed in this program NOFA. Also see the Correction 
document (69 FR-34878, June 22, 2004).

Full Text of Announcement

I. Funding Opportunity Description

A. Program Description
    The purpose of this Demonstration Planning Grant Program is to 
assist Sponsors of projects that receive Fund Reservation Awards 
pursuant to the FY 2004 SuperNOFA for the Section 202 Supportive 
Housing for the Elderly Program by providing predevelopment grant 
funding for architectural and engineering work, site control, and other 
planning related expenses that are eligible for funding under the 
Section 202 Supportive Housing for the Elderly Program. Subsequent to 
providing predevelopment grant funding to the selected applicants, this 
Demonstration Planning Grant will assess the impact of the availability 
of such funding on the ability of project Sponsors to expedite the 
development processing of projects from Section 202 Fund Reservation to 
Initial Closing within 18 months.
    The Department is aware of the complexities of developing Section 
202 projects and understands that a lack of predevelopment funding may 
be a contributing factor in many instances where project Sponsors are 
not able to move their approved projects from Fund Reservation award to 
Initial Closing within the required 18-month time frame. Funding under 
this program is not intended to supplement Section 202 Capital Advance 
funding, but rather to provide a source of funding for predevelopment 
costs that would otherwise not be reimbursable until Initial Closing or 
would be payable from eligible funding resources secured outside of 
Section 202 Capital Advance funding.
B. Authority
    The Section 202 Demonstration Planning Program is authorized by the 
Consolidated Appropriations Resolution, 2003 (Pub. L. 108-7, approved 
February 20, 2003), and the Consolidated Appropriations Resolution, 
2004 (Pub. L. 108-199, approved January 23, 2004)

II. Award Information

A. Funding Available
    This NOFA makes available approximately $44,719,500 for 
predevelopment grants to private nonprofit organizations and consumer 
cooperatives in connection with the development of housing under the 
Section 202 Supportive Housing for the Elderly Program. The total 
dollar amount that is available under this Demonstration Planning Grant 
Program includes approximately $24,837,500 that was provided in the 
Consolidated Appropriations Resolution, 2003 (Pub. L. 108-7; approved 
February 20, 2003), and approximately $19,882,000 million that was 
provided in the Consolidated Appropriations Resolution, 2004 (Pub. L. 
108-199; approved January 23, 2004).
B. Funding Process
    HUD will only make offers to fully fund as many applications as 
possible from the $44,719,500 allocated for Sponsors that receive 
Section 202 Fund Reservations pursuant to the FY 2004 SuperNOFA 
process. All applicants selected for funding under the FY 2004 Section 
202 Supportive Housing for the Elderly NOFA are not guaranteed funding 
under this Demonstration Program.
C. Maximum Grant Award
    The maximum grant amount per single application is $400,000 
however, no more than $800,000 may be awarded to a single entity or its 
affiliated organizations. The amount of funding requested must be 
within the maximum grant award amounts.
D. Reduction of Requested Grant Amount
    HUD may make an award in an amount less than requested, if:
    1. HUD determines that any of the proposed predevelopment 
activities are ineligible for funding under the Section 202 Supportive 
Housing for the Elderly Program;
    2. HUD determines that an eligible applicant has not been able to 
provide sufficient evidence to support the proposed cost of an eligible 
predevelopment item or activity; and/or
    3. HUD determines that a reduced grant would prevent duplicative 
Federal funding.
    4. HUD determines that proposed costs for predevelopment activities 
are not based on comparable costs for eligible items and activities in 
the applicant's community. HUD Field Office staff will review proposed 
costs in accordance with customary and reasonable costs for such items 
within the geographical jurisdiction of the respective Multifamily Hub 
and/or Multifamily Program Center Office. If requested by the 
Department, eligible applicants must provide supportable evidence of 
comparable costs for proposed activities.
E. Term of Funded Activities
    The grant term is 2 years. Funds not expended by the end of the 
grant term are subject to recapture and/or repayment if expended on 
ineligible activities.

III. Eligibility Information

A. Eligible Applicants
    All private nonprofit organizations and nonprofit consumer 
cooperatives that submitted an application for funding consideration 
under the FY 2004 SuperNOFA for the Section 202 Supportive Housing for 
the Elderly Program are eligible to apply for funding under this 
Demonstration Planning Grant Program. (Please refer to the Overview 
Information, Section G(4), of the Section 202 Program NOFA for a 
discussion on the eligibility criteria for the Section 202 program). 
However,

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funding awards under this Section 202 Demonstration Planning Grant 
Program will be restricted to those applicants that are selected for 
Fund Reservation Awards under the FY 2004 SuperNOFA for the Section 202 
Supportive Housing for the Elderly Program. Funding under this Program 
will not be fair shared to each HUD office.
    1. Ineligible Applicants:
    a. Applicants that failed to submit a request for Fund Reservation 
under FY2004 Section 202 Program NOFA.
    b. Applications from eligible applicants that do not receive a Fund 
Reservation Award under the FY 2004 SuperNOFA for the Section 202 
Program will not be considered for funding under this Demonstration 
Planning Program.
    c. Applications from applicants that are ineligible under the 
Section 202 program including public bodies and instruments of public 
bodies.
    d. Applicants submitting proposals involving mixed-financing for 
additional units are not eligible to be considered for predevelopment 
funding under this NOFA.
B. Cost Sharing or Matching
    No match required.
C. Other
    1. Requirement and Procedures. To receive and administer funding 
under this Demonstration Program, applicants must fully satisfy the 
eligibility requirements for participation in the Section 202 
Supportive Housing for the Elderly Program as well as comply with the 
following requirements:
    a. Statutory and Regulatory Requirements. You must comply with all 
statutory, regulatory, threshold, and public policy requirements listed 
in the Section III (C) of the General Section of FY 2004 SuperNOFA, 
published on May 14, 2004.
    b. Allowable Use of Funds. Grant funds may be used to cover the 
costs of architectural and engineering work, and other eligible 
planning activities relating to the development of supportive housing 
for the elderly under the Section 202 program. Grantees may use the 
funding provided under this Demonstration Program to extend options to 
purchase or to lease sites, and enter into contracts with qualified 
third party individuals, companies, or firms to provide professional 
services for eligible predevelopment activities related to the 
development of an elderly housing project that was selected for funding 
under the FY 2004 Section 202 NOFA. Grantees may not use funds for land 
acquisition, leasing, new construction, or property rehabilitation, 
alteration, demolition, or disposition. HUD approval must be granted 
before a grantee can enter into a contract for professional services 
with any entity requiring HUD 2530 clearance. Such entities include, 
but are not limited to, housing consultants (including those instances 
where eligible Sponsors proposed to provide such services), general 
contractors, and management agents.
    c. Organizational Costs. Eligible organizational expenses and/or 
costs are limited to those incurred in connection with the organization 
of an Owner entity pursuant to the requirements of the Section 202 
Supportive Housing for the Elderly Program.
    d. Site Control. Applicants are required to provide evidence of 
site control, consistent with the requirements of the Section 202 
program, as a condition to being funded under the FY 2004 Section 202 
NOFA. Applicants who receive funding awards under this NOFA may utilize 
this funding to extend site control in accordance with the site control 
requirements under the Section 202 Supportive Housing for the Elderly 
Program. See Section III(C)(2)(b)(3)(a) of the Section 202 Program 
NOFA.
    e. Phase I and Phase II Environmental Site Assessments (ESA). The 
requirements for Phase I and II ESAs are the same as those that apply 
to the Section 202 Supportive Housing for the Elderly Program and are 
contained in Section III(C)(2)(b)(3)(c)(i) and (ii) of the Section 202 
Program NOFA.
    f. False Statements. See Section III(C)(2)(h) of the General 
Section of the FY 2004 SuperNOFA.
    2. Program Related Threshold Requirements. In addition to the 
threshold requirements in Section III(C)(2) of the General Section, 
applicants must adhere to all program specific threshold requirements 
as detailed in this NOFA. HUD will consider an application non-
responsive to this NOFA and will not accept it for processing if the 
applicant:
    a. is determined to be ineligible. Please refer to Section 
III(A)(1) of this NOFA for a more detailed discussion on ineligible 
applicants;
    b. requested more than the maximum grant amount;
    c. failed to submit the threshold requirements as identified by the 
asterisk (*) in Section IV (B) of this program NOFA by the deadline 
date; or
    d. did not submit a request for Fund Reservation under the Section 
202 FY2004 NOFA.

IV. Application and Submission Information

A. Addresses To Request Application Package
    All information needed for the preparation and submission of this 
application is included in this Program NOFA and the General Section of 
the FY 2004 SuperNOFA. An electronic copy of such information is also 
available on the Web at http://www.grants.gov/Find. Paper copies of all 
documents related to this NOFA can be obtained from the NOFA 
Information Center by calling 1-800-HUD-8929 or for the hearing 
impaired at 1-800-HUD-2209. See Section IV(A)(1) of the General Section 
of the FY 2004 SuperNOFA for additional information.
    1. Guidebook and Further Information. Please refer to Section 
IV(A)( 2) of the General Section of the FY 2004 SuperNOFA for 
information on the guidebook to HUD programs, titled ``Connecting with 
Communities: A User's Guide to HUD Programs and the 2004 NOFA 
Process''.
    2. Technical Assistance. Before the application due date, HUD staff 
will be available to provide you with general guidance and technical 
assistance as it relates to this program. Please note that HUD staff is 
not permitted to assist you in preparing your application or to provide 
comments on your application.
B. Content and Form of Application Submission
    Applicants may submit more than one application to a single Field 
Office. However, no more than one application may be submitted per 
project. All applicable documents must have an original signature. Each 
application must propose a separate project and the proposed 
development must be located within the jurisdiction of the appropriate 
Field Office. To be eligible for review, all applications must contain 
the required exhibits that include the pertinent forms and narrative 
discussions. Threshold items are identified by an asterisk (*). Failure 
to include threshold items in your initial application submission will 
render your application non-responsive and that application will not be 
considered for funding by HUD. Applications must contain the required 
exhibits as listed below:
    1. Cover Letter.
    2. * Narrative Demonstrating Need for Predevelopment Funding: A 
brief narrative describing the financial circumstances that resulted in 
your need to apply for funding assistance with predevelopment 
activities, how the lack of such assistance has impacted the

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organization's previous or current development efforts, and how access 
to predevelopment funding will assist the applicant in moving its FY 
2004 Section 202 elderly housing project to Initial Closing within 18 
months of Fund Reservation approval.
    3. * Proposed Predevelopment Activities and Budget: This exhibit 
requires applicants to submit Form HUD-424-CB, Grant Applications 
Detailed Budget. The form identifies the applicant's cost of the 
proposed program activities. To supplement this form, applicants should 
include a narrative detailing a budget listing of each eligible 
predevelopment planning activity being proposed by the applicant, the 
anticipated cost for each activity, the expected results for each 
activity, and the total amount of predevelopment funding assistance 
being requested in the application. No predevelopment grant funds may 
be expended with participants who do not have HUD 2530 clearance.
    4. * Project Development Schedule: This Exhibit should include a 
detailed development schedule which identifies the predevelopment 
activities being proposed, their projected start and completion dates, 
the projected completion date for all predevelopment planning 
activities, and a brief narrative describing the applicant's plan for 
monitoring this schedule of activities and addressing delays should 
they occur. All projected development schedules must (1) demonstrate 
the applicant's ability to move its approved FY 2004 Section 202 
elderly housing project from Fund Reservation to an Initial Closing 
within 18 months of grant approval and (2) provide a statement 
addressing how a predevelopment grant will insure that the schedule is 
met. The completion of the Logic Model (form HUD 96010), under the FY 
2004 Section 202 NOFA will assist you in responding to this Exhibit.
    5. Acknowledgment of Application Receipt (HUD-2993).
    6. Client Comments and Suggestions (HUD-2994).
    If changes have been made to any of the forms that were submitted 
under the FY 2004 Section 202 NOFA, the Department requires that the 
updated form(s) be resubmitted under this Demonstration Planning Grant 
NOFA.
C. Submission Dates and Times
    An original and two (2) copies of your completed application are 
due to the appropriate HUD Field Office on or before January 10, 2005. 
See Appendix 1 of this program NOFA for a complete listing of the 
Multifamily Hub Offices and Multifamily Program Centers. For Mailing 
and Receipt Procedures, Proof of Timely Submission, and other specific 
procedures governing the submission of applications to HUD Field 
Offices, see Section IV E of this program NOFA and also Section IV of 
the General Section of the FY 2004 SuperNOFA.
D. Funding Restrictions
    1. Eligible Activities. Section 202 Demonstration Planning Grant 
Program funds must be used exclusively to facilitate planning design 
and predevelopment activities for projects funded under the FY 2004 
SuperNOFA for the Section 202 Supportive Housing for the Elderly 
Program. Such activities include architectural and engineering work, 
site control, and other planning activities related to the development 
of a multifamily housing project funded under the FY 2004 Section 202 
Supportive Housing for the Elderly Program. Grantees may not use funds 
for land acquisition, leasing, new construction, or property 
rehabilitation, alteration, demolition, or disposition.
    a. All expenses related to eligible activities must be limited to 
those actual costs that are incurred prior to initial closing and be 
otherwise eligible activities under the Section 202 Program. Activities 
that are eligible for funding include the following:
    (1) Appraisals. The applicant's cost for obtaining an appraisal to 
establish the fair market value of the proposed site completed by a 
qualified and licensed appraiser.
    (2) Architect Services. The design fees charged by licensed 
architectural/engineering firms for construction of the applicant's 
project.
    (3) Engineering Services. Actual cost of boundary survey, 
topographic survey, soil borings and tests.
    (4) Environmental Site Assessment. Actual cost incurred for the 
environmental site assessment, i.e., Phase I and Phase II.
    (5) Consultant Services. Up to 20 percent of the total amount of 
the contract between the applicant and their consultant for services 
related to the development and submission of an approvable Section 202 
Fund Reservation Application.
    (6) Cost Analysis. The cost of the contract between the applicant 
and a professional with experience in cost estimation, for an 
independent cost estimate needed to determine the viability of a 
proposed project as required for Firm commitment processing under the 
Section 202 program.
    (7) Legal Fees. The cost for legal services and title binder fees.
    (8) Site Control. The applicant's cost for extending the time for 
site control of the original site including option costs necessary to 
extend option agreement up to the 18-months closing target date. The 
proceeds of this grant may not be used for site acquisition.
    (9) Market Studies. The applicant's cost for a study completed by a 
qualified, independent, third party, market research firm for purposes 
of examining the need for and verifying the marketability of the 
proposed project.
    (10) Organizational Expenses. The actual cost related to the 
creation of an Owner entity for the proposed project pursuant to 
Section 202 Program regulations.
    2. Ineligible Activities:
    All proposed activities that are determined to be ineligible will 
not be funded from the Demonstration Planning Grant funds.
    a. Section 202 Demonstration Planning Grant Program funds may not 
be used to acquire sites or other real property, to fund organizational 
overhead and/or operating expenses, staff salaries, or any planning 
activity that is otherwise ineligible for assistance under the Section 
202 Supportive Housing for the Elderly Program.
    b. Funding under this NOFA may not be used to meet Minimum Capital 
Investment (MCI) requirements for the Section 202 Program.
    In the event that funding awarded under this Program is utilized 
for activities or purposes that have not been approved by HUD, the 
Department will seek repayment.
    3. Applicants submitting proposals involving mixed-financing for 
additional units are not eligible to be considered for predevelopment 
funding under this NOFA.
E. Other Submission Requirements
    1. Delivery and Receipt Procedures. The following procedures apply 
to the delivery and receipt of applications in HUD Headquarters and 
field offices. Please read the following instructions carefully and 
completely, as failure to comply with these procedures may disqualify 
your application. HUD's delivery and receipt policies are:
    a. Hand deliveries will be permitted. Hand delivered packages to 
the HUD Field Offices must be received no later than 4 p.m. local time 
for the office receiving the application. However, if HUD staff is not 
available to accept your package or the courier service is not allowed 
to enter the building to deliver the package due to security or other

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reasons, the package will be determined not delivered and not accepted 
by HUD. In such instances, HUD recommends that, you, the applicant, or 
your agent take your package to the nearest post office and follow the 
mailing instructions for postal service timely delivery.
    b. HUD will not take responsibility for ensuring that staff is 
available to take your package and will not breach security measures in 
order to accept an undeliverable package.
    c. HUD will not accept or consider any applications sent by 
facsimile.
    d. Packages may be mailed using the United States Postal Service. 
Mailed applications will be accepted as being timely submitted if they 
are received at the designated HUD location (including the room number 
specified for receipt) not later than 15 days after the due date and 
time, and show a postmark of having been delivered to the postal 
facility for mailing by 12 midnight local time on the application due 
date. If the Postal Service does not normally postmark large packages, 
the proof of timely submission shall be receipt within 15 days at the 
designated HUD facility and, upon request by a HUD official, proof of 
mailing using USPS Form 3817 (Certificate of Mailing) or a receipt from 
the Postal Service which contains the post office name, location, and 
date and time of mailing. For submission through the United States 
Postal Service, no other proof of timely submission will be accepted.
    e. Applications mailed to a location or office that is not 
designated for receipt of the application, which results in the 
designated office not receiving your application in accordance with the 
requirements for timely submission, will cause your application to be 
considered late and ineligible to receive funding consideration. HUD 
will not be responsible for directing packages to the appropriate 
office.
    Applicants should pay close attention to these submission and 
timely receipt instructions as they can make a difference in whether 
HUD will accept your application for funding consideration. Please 
remember that mail sent to federal facilities is screened prior to 
delivery, so please allow sufficient time for your package to be 
delivered. If an application is received late because of the processing 
time required for the screening, it will not be considered for funding.
    2. Proof of Timely Submission. Proof of timely submission of an 
application is specified below.
    a. In the case of packages sent to HUD via a delivery service, 
other than the United States Postal Service, timely submission shall be 
evidenced via a delivery service receipt indicating that the 
application was delivered to a carrier service at least 24 hours prior 
to the application deadline, and, if applicable, that through no fault 
of the applicant, the delivery could not be made on or before the 
application due date. Couriers turned away from a HUD facility due to 
security issues will not be considered as meeting the requirement of 
``no fault of the applicant,'' because applicants have been advised 
that delivery delays can arise when using courier services, resulting 
in a late application submission.
    b. For packages submitted via the United States Postal Service, 
proof of timely submission shall be a postmark not later than the 
application due date and receipt not later than 15 days after the 
application due date at the designated HUD facility and, upon request 
by a HUD official, proof of mailing using USPS Form 3817 (Certificate 
of Mailing) or a receipt from the Post Office which contains the post 
office name, location, and date and time of mailing. For submission 
through the United States Postal Service, no other proof of timely 
submission will be accepted. Applications not meeting the timely 
submission requirements will not be considered for funding.
    3. Address for Submitting Applications. You should not submit any 
copies of your application to HUD Headquarters. All applications must 
be sent to the appropriate local HUD Office. It is strongly recommended 
that you submit your application by mail via United States Postal 
Service. Please refer to the Section IV(F)(1) of the General Section of 
the FY 2004 SuperNOFA as well as Section IV(E) of this program NOFA for 
detailed instructions regarding delivery and receipt procedures. 
Applications for this program cannot be made electronically and can 
only be made through the local HUD office. You must submit an original 
and two (2) copies of your completed application to the Director of the 
appropriate Multifamily Hub Office or Multifamily Program Center, as 
listed in Appendix 1 of this program NOFA, with the following 
exceptions:
    a. Applications for projects proposed to be located within the 
jurisdiction of the Sacramento, California Office must be submitted to 
the San Francisco, California Office.
    b. Applications for projects proposed to be located within the 
jurisdiction of the Cincinnati, Ohio Office must be submitted to the 
Columbus, Ohio Office.
    c. Applications for projects proposed to be located within the 
jurisdiction of the Washington, DC Office must be submitted to the 
Baltimore, Maryland Office.
    d. Applications for projects proposed to be located within the 
jurisdiction of the Grand Rapids, Michigan Office must be submitted to 
the Detroit, Michigan Office. Appendix 1 also includes the telephone 
numbers and TTY (text telephone) numbers for the Multifamily Hubs and 
Program Centers. This information is also available from HUD's NOFA 
Information Center at 1-800-HUD-8929 and from the Internet through the 
HUD web site at http://www.hud.gov/grants. Persons with hearing or 
speech impairments may call the Center's TTY number at 1-800-HUD-2209.

V. Application Review Information

A. Criteria
    HUD Headquarters will select applications for Demonstration 
Planning Grant funding through a rating process. HUD will award funding 
under this process until all available funding has been exhausted.
B. Review and Selection Process
    1. HUD's application review process will include, but is not 
limited to, an eligibility review of each predevelopment planning 
activity being proposed by the applicant, the reasonableness of the 
proposed cost for each activity, the reasonableness of the applicant's 
proposed budget, and the ability of project Sponsors to expedite the 
development processing of projects from Section 202 Fund Reservation to 
Initial Closing within the 18-month timeframe. All activities must be 
related to the development of the Section 202 housing project selected 
under the FY 2004 Section 202 Supportive Housing for the Elderly 
Program and be otherwise eligible activities under the Section 202 
Program.
    2. Review for Curable Deficiencies. You should ensure that your 
application is complete and that you have an original and two (2) 
copies before submitting it to the appropriate HUD Office. HUD will 
screen all applications received by the application submission deadline 
for threshold items and curable deficiencies. A curable deficiency is a 
missing Exhibit or portion of an Exhibit that will not affect the 
eligibility of the applicant. The HUD Office will notify you in writing 
if your application is missing any of the exhibits or portions of 
exhibits, as listed in Section IV(B) of this NOFA and you will be given 
fourteen (14) calendar days from the date of the HUD written 
notification to submit the information required to cure the noted 
deficiencies. In addition to the

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threshold requirements in Section III(C)(2) of the General Section of 
the FY 2004 SuperNOFA, the items identified by an asterisk (*), as 
listed in Section IV(B) and in Section III(C)(2) of this NOFA, are also 
threshold requirements and must be dated on or before the application 
deadline date. Failure to satisfy all threshold requirements, at the 
time of submission, will render the application in question as being 
non-responsive to this NOFA and subject to no further review.
    HUD will not reject your application based on technical review 
without notifying you of that rejection, the reason(s) for the 
rejection, and providing you an opportunity to appeal. You will have 
fourteen (14) calendar days, from the date of HUD's written notice, to 
appeal a technical rejection to the HUD Office. The HUD Office will 
make a determination on an appeal before making its selection of 
projects to be forwarded to HUD HQ as outlined in the section below. 
See Section (B)(4) of the General Section for additional procedures for 
corrections to deficient applications.
    3. Eligibility Review. Threshold items are identified in Section 
III(C)(2) of the General Section of the FY 2004 SuperNOFA and in 
Section IV(B) and Section III(C)(2) of this program NOFA. Failure to 
meet any threshold item will render an application ineligible for 
funding consideration. HUD Multifamily Field Office staff will review 
applications for completeness and compliance with the eligibility 
criteria set forth in this NOFA. Field Office staff will forward to 
Headquarters a listing of eligible applications that were received by 
the deadline date, meet all eligibility criteria, propose reasonable 
costs for eligible activities, and include all technical corrections by 
the designated deadline date. From that listing, only those 
applications for projects that received a FY 2004 Section 202 Fund 
Reservation award will be considered for funding under this 
Demonstration Planning Grant NOFA.
    4. HUD Headquarters will select Section 202 Demonstration Planning 
Grant applications based on HUD Multifamily Program Centers' rating of 
the respective FY 2004 Section 202 application, beginning with the 
highest rated application nationwide. After this selection, HUD 
Headquarters will select the next highest rated application in another 
Program Center. Only one application will be selected per Multifamily 
Program Center. However, if there are no approvable applications in 
other Multifamily Program Centers, the process will begin again with 
the selection of the next highest rated application nationwide. More 
than one application may be selected per HUD Multifamily Program 
Centers if there are no other approvable applications.
    This process will continue until all approvable applications are 
selected using the available remaining funds. HUD Headquarters will 
fully fund as many applications as allocated funds will allow. HUD 
Headquarters will review its selection results to ensure that no single 
entity (including affiliated entities) receives grant funding in excess 
of $800,000. Once an organization receives its maximum amount of grant 
funding, no other projects from that organization will be eligible for 
selection from the succeeding drawings. If there is a tie score between 
two or more applications, HUD will select the applicant with the 
highest score in Rating Factor 1 of the FY 2004 Section 202 
application. If Rating Factor 1 is scored identically, the score in 
Rating Factor 2, 3, and 4, of the FY 2004 Section 202 application, will 
be compared in that order, until one of the applications received a 
higher score. If both applications still score the same, then the 
application which request the least funding will be selected.
    5. Adjustments to Funding.
    a. Reduction of Requested Grant Amount. See Section II (D) of this 
program NOFA.

VI. Award Administration Information

A. Award Notices
    Following the Congressional Notification process, HUD will issue a 
press release announcing the selection of awards. Once such an 
announcement has been made, successful applicants will receive their 
selection letters and grant agreement via postal or overnight mail. The 
grant agreement is the legally binding document that establishes a 
relationship between HUD and the award recipient organization. Once 
properly executed, it authorizes the obligation and disbursement of 
funds.
    1. As a condition of receiving a grant under this Demonstration 
Planning Program, Grantees must open a separate, non-interest bearing 
account, for the receipt and handling of these funds.
    2. All applicants that were not selected for funding will receive a 
non-selection letter.
    3. You may request a debriefing on your application in accordance 
with the General Section of the FY 2004 SuperNOFA, with the exception 
that the request must be made to the Director of Multifamily Housing in 
the HUD Field Office to which you sent your application.
B. Administrative and National Policy Requirements
    Expiration of Section 202 Funds. The FY 2003 and FY 2004 
Consolidated Appropriations require HUD to obligate all Section 202 
Demonstration Planning Grant funding appropriated for the respective 
fiscal years by September 30, 2006. Under 31 U.S.C. Section 1551, no 
funds can be disbursed from the account after September 30, 2011. Under 
this Demonstration Program, obligation of funds occurs upon execution 
of the Grant Agreement.
C. Reporting
    Grantees must submit quarterly program performance and financial 
status reports to their respective Multifamily Hub or Program Center 
Office. Such reports include a narrative on the progress of each 
eligible activity undertaken, a narrative on problems encountered to 
date and how such problems may impact the grantee's proposed 
predevelopment or development timeframe, a narrative on the grantee's 
plan of corrective action to ensure that its project will be under 
construction within 24 months of grant approval or less, a listing of 
the professional firms contracted with, dollar amounts contracted for 
and services provided to date, a budget summary identifying funding 
expended to date for eligible activities versus the total grant 
awarded, and a certification on whether or not the proposed project 
continues to be viable as of the date of the report.
    The project owner is still required to report on their performance 
based on the Logic Model (form HUD 96010), submitted under the FY04 
Section 202 NOFA.
    D. Environmental Requirements. The provision of assistance under 
this NOFA is categorically excluded from environmental review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321) and not 
subject to compliance action for related environmental authorities 
under 24 CFR 50.19(b)(1), (3), (8) and (16).
    E. This NOFA does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this NOFA 
is categorically excluded from environmental review under the

[[Page 68958]]

National Environmental Policy Act of 1969 (42 U.S.C. 4321).

VII. Agency Contacts

    A. For further Information and Technical Assistance you may contact 
the appropriate Multifamily Hub Office or Multifamily Program Center, 
or Alicia Anderson at HUD Headquarters at (202) 708-3000, or access the 
Internet at http://www.hud.gov/grants. Persons with hearing and speech 
impairments may access the above number via TTY by calling the toll-
free Federal Relay Service at 1-800-877-8339.
B. Satellite Broadcast
    HUD will hold an information broadcast via satellite for potential 
applicants to learn more about the program and preparation of the 
application. The broadcast will be viewable at your local HUD Office. 
HUD strongly encourages minority organizations and grassroots faith-
based and other community-based organizations especially those who may 
be applying for Section 202 funding to tune into this broadcast, if at 
all possible. Copies of the broadcast tapes will also be available from 
the NOFA Information Center. For more information about the date and 
time of the broadcast, you should consult the HUD Web site at http://www.hud.gov/grants.

VIII. Other Information

A. Section 102 of the HUD Reform Act, Documentation and Public Access 
Requirements
    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the 
regulations codified at 24 CFR part 4, subpart A, contain a number of 
provisions that are designed to ensure greater accountability and 
integrity in the provision of certain types of assistance administered 
by HUD. On January 14, 1992, HUD published a notice that also provides 
information on the implementation of Section 102 (57 FR 1942). The 
documentation, public access, and disclosure requirements of Section 
102 apply to assistance awarded under this NOFA as follows:
    1. Documentation. HUD will ensure that documentation and other 
information regarding each application submitted pursuant to this NOFA 
are sufficient to indicate the basis upon which assistance was provided 
or denied. This material, including any letters of support, will be 
made available for public inspection for a five-year period beginning 
not less than 30 days after the award of the assistance. Material will 
be made available in accordance with the Freedom of Information Act (5 
U.S.C. 552) and HUD's implementing regulations (24 CFR part 15).
    2. Debriefing. For a period of at least 120 days, beginning 30 days 
after the awards for assistance are publicly announced, HUD will 
provide a debriefing to a requesting applicant a debriefing related to 
its application. All debriefing requests must be made in writing or by 
email by the authorized official whose signature appears on the SF-424 
or his or her successor in office, and submitted to the person or 
organization identified as the Contact under the section entitled 
``Agency Contact.'' Information provided during a debriefing will 
include, at a minimum, the final score the applicant received for each 
rating factor, final evaluator comments for each rating factor, and the 
final assessment indicating the basis upon which assistance was 
provided or denied.
    3. Disclosures. HUD will make available to the public for five 
years all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also reported on HUD Form 
2880) will be made available along with the applicant disclosure 
reports, but in no case for a period of less than three years. All 
reports, both applicant disclosures and updates, will be made available 
in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
HUD's implementing regulations (24 CFR part 15).
    4. Publication of Recipients of HUD Funding. HUD will publish a 
notice in the Federal Register to notify the public of all decisions 
made by the Department to provide:
    a. Assistance subject to Section 102(a) of the HUD Reform Act; and
    b. Assistance provided through grants or cooperative agreements on 
a discretionary (non-formula, non-demand) basis, but that is not 
provided on the basis of a competition.
B. Section 103 of the HUD Reform Act
    HUD's regulations implementing Section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a), 
codified at 24 CFR part 4, subpart B, apply to this funding 
competition. The regulations continue to apply until the announcement 
of the selection of successful applicants. HUD employees involved in 
the review of applications and in the making of funding decisions are 
limited by the regulations in providing advance information to any 
person (other than an authorized employee of HUD) concerning funding 
decisions or from otherwise giving any applicant an unfair competitive 
advantage. Persons who apply for assistance in this competition should 
confine their inquiries to the subject areas permitted under 24 CFR 
part 4.
    Applicants or employees who have ethics-related questions should 
contact the HUD Ethics Law Division at (202) 708-3815. (This is not a 
toll-free number.) HUD employees who have specific program questions 
should contact the appropriate field office counsel or Headquarters 
counsel for the program to which the question pertains.
C. 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 2502-0267. In accordance with the Paperwork 
Reduction Act, HUD may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless the 
collection displays a currently valid OMB control number. Public 
reporting burden for the collection of information is estimated to 
average 4 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, semi-annual 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: November 19, 2004.
John C. Weicher,
Assistant Secretary for Housing--Federal Housing Commissioner.

HUD Field Office Addresses for Submitting Applications

    A. Your application must be sent to the appropriate local HUD 
Office having jurisdiction over the locality in which your project will 
be located. If you send your application to the wrong local HUD Office, 
it will be rejected. Therefore, if you are uncertain as to which local 
HUD Office to submit your application, you are encouraged to contact 
the local HUD Office below that is closest to your proposed project 
location(s) to ascertain the Office's jurisdiction and ensure that you 
submit your application to the correct local HUD Office.

[[Page 68959]]

    1. Applications for projects proposed to be located within the 
jurisdiction of the Sacramento, California Office must be submitted to 
the San Francisco, California Office.
    2. Applications for projects proposed to be located within the 
jurisdiction of the Cincinnati, Ohio Office must be submitted to the 
Columbus, Ohio Office.
    3. Applications for projects proposed to be located within the 
jurisdiction of the Washington, DC Office must be submitted to the 
Baltimore, Maryland Office.

    4. Applications for projects proposed to be located within the 
jurisdiction of the Grand Rapids, Michigan Office must be submitted to 
the Detroit, Michigan Office.

HUD--Boston Hub

Hartford Office

One Corporate Center, 19th Floor, Hartford, CT 06103-3220, (860) 
240-4800, TTY Number: (860) 240-4665

Boston Office

Room 301, Thomas P. O'Neill, Jr., Federal Building, 10 Causeway 
Street, Boston, MA 02222-1092, (617) 994-8500, TTY Number: (617) 
565-5453

Manchester Office

1000 Elm Street, 8th Floor, Manchester, NH 03101-1730, (603) 666-
7510, TTY Number: (603) 666-7518

Providence Office

Sixth Floor, 10 Weybosset Street, Providence, RI 02903-2808, (401) 
528-5230, TTY Number: (401) 528-5403

HUD--New York Hub

New York Office

26 Federal Plaza, Room 3200, New York, NY 10278-0068, (212) 264-
8000, TTY Number: (212) 264-0927

HUD--Buffalo Hub

Buffalo Office

Lafayette Court Building, 465 Main Street, 2nd Floor, Buffalo, NY 
14203-1780, (716) 551-5755, ext. 5000, TTY Number: (716) 551-5787

HUD--Philadelphia Hub

Philadelphia Office

The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 
19107-3380, (215) 656-0609, TTY Number: (215) 656-3452

Charleston Office

Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
7000, TTY Number: (304) 347-5332

Newark Office

Thirteenth Floor, One Newark Center, 1085 Raymond Boulevard, Newark, 
NJ 07102-5260, (973) 622-7900, TTY Number: (973) 645-3298

Pittsburgh Office

339 Sixth Avenue, Sixth Floor, Pittsburgh, PA 15222-2507, (412) 644-
6428, TTY Number: (412) 644-5747

HUD--Baltimore Hub

Baltimore Office

Fifth Floor, City Crescent Building, 10 South Howard Street, 
Baltimore, MD 21201-2505, (410) 962-2520, TTY Number: (410) 962-0106

Richmond Office

600 East Broad Street, 3rd Floor, Richmond, VA 23219, (804) 771-
2100, TTY Number: (804) 771-2038

HUD--Greensboro Hub

Greensboro Office

Asheville Building, 1500 Pinecroft Road, Suite 401, Greensboro, NC 
27407-3838, (336) 547-4000, TTY Number: (336) 547-4054

Columbia Office

Strom Thurmond Federal Building, 13th Floor, 1835-45 Assembly 
Street, Columbia, SC 29201-2480, (803) 765-5592

HUD--Atlanta Hub

Atlanta Office

ATTN: Multifamily Housing, 12th Floor, 40 Marietta Street--Five 
Points Plaza, Atlanta, GA 30303-2806, (404) 331-5136, TTY Number: 
(404) 730-2654

San Juan Office

Edificio Administracion de Terrenos, 171 Carlos Chardon Avenue, 
Suite 301, San Juan, PR 00918-0903, (787) 766-5400, TTY Number: 
(787) 766-5909

Louisville Office

601 West Broadway, Room 110, Louisville, KY 40202, (502) 582-5251, 
TTY Number: (800) 648-6056

Knoxville Office

John J. Duncan Federal Building, 710 Locust Street, Third Floor, 
Knoxville, TN 37902-2526, (865) 545-4384, TTY Number: (865) 545-4559

Nashville Office

Suite 200, 235 Cumberland Bend, Nashville, TN 37228-1803, (615) 736-
5600, TTY Number: (866) 503-0264

HUD--Jacksonville Hub

Jacksonville Office

Southern Bell Towers, 301 West Bay Street, Suite 2211, Jacksonville, 
FL 32202-5121, (904) 232-2627, TTY Number: (904) 232-3759

Birmingham Office

Medical Forum Building, 950 22nd St., North, Suite 900, Birmingham, 
AL 35203-5301, (205) 731-2617, TTY Number: (800) 548-2546

Jackson Office

Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol 
Street, Jackson, MS 39269-1096, (601) 965-4757, TTY Number: (601) 
965-4171

HUD--Chicago Hub

Chicago Office

Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507, (312) 353-5680, TTY Number: (312) 353-7143

Indianapolis Office

151 North Delaware Street, Suite 1200, Indianapolis, IN 46204-2526, 
(317) 226-6303, TTY Number: (800) 743-3333

HUD--Detroit Hub

Detroit Office

Patrick V. McNamara Federal Building, 477 Michigan Avenue, Suite 
1700, Detroit, MI 48226-2592, (313) 226-7900, TTY Number: (313) 226-
6899

HUD--Columbus Hub

Columbus Office

200 North High Street, 7th Floor, Columbus, OH 43215-2499, (614) 
469-5737, TTY Number: (614) 469-6694

Cleveland Office

US Bank Centre, 1350 Euclid Avenue, Suite 500, Cleveland, OH 44115-
1815, (216) 522-4058, TTY Number: (216) 522-2261

HUD--Minneapolis Hub

Minneapolis Office

920 Second Avenue South, Suite 1300, Minneapolis, MN 55402-4012, 
(612) 370-3000, TTY Number: (612) 370-3186

Milwaukee Office

Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue, Suite 1380, 
Milwaukee, WI 53203-2289, (414) 297-3214, TTY Number: (414) 297-1423

HUD--Ft. Worth Hub

Little Rock Office

Suite 900, Metropolitan Bank Building, 425 West Capitol Avenue, 
Little Rock, AR 72201-3488, (501) 324-5931, TTY Number: (501) 324-
5931

New Orleans Office

Hale Boggs Federal Building, 500 Poydras Street, 9th Floor, New 
Orleans, LA 70130-3099, (504) 589-7201, TTY Number: (504) 589-7277

Ft. Worth Office

801 Cherry Street, P.O. Box 2905, Fort Worth, TX 76113-2905, (817) 
978-5965, TTY Number: (817) 978-5595

Houston Office

1301 Fannin, Suite 2200, Houston, TX 77002, (713) 718-3199, TTY 
Number: (713) 718-3289

San Antonio Office

106 South St. Mary's Street, Suite 405, San Antonio, TX 78205, (210) 
475-6806, TTY Number: (210) 475-6885

[[Page 68960]]

HUD--Great Plains

Des Moines Office

Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-
2155, (515) 284-4512, TTY Number: (515) 284-4728

Kansas City Office

Room 200, Gateway Tower II, 400 State Avenue, 5th Floor, Kansas 
City, KS 66101-2406, (913) 551-5644, TTY Number: (913) 551-5416

Omaha Office

Executive Tower Centre, 10909 Mill Valley Road, Suite 100, Omaha, NE 
68154-3955, (402) 492-3100, TTY Number: (402) 492-3183

St. Louis Office

Third Floor, Robert A. Young Federal Building, 1222 Spruce Street, 
Room 3.207, St. Louis, MO 63103-2836, (314) 539-6583, TTY Number: 
(314) 539-6331

Oklahoma City Office

301 NW. 6th Street, Suite 200, Oklahoma City, OK 73102, (405) 609-
8509, TTY Number: 405-609-8480

HUD--Denver Hub

Denver Office

23rd Floor, 1670 Broadway, Denver, CO 80202, (303) 672-5440, TTY 
Number: (303) 672-5022

HUD--San Francisco Hub

Phoenix Office

One North Central, Suite 600, Phoenix, AZ 85004, (602) 379-7100, TTY 
Number: (602) 379-7181

San Francisco Office

600 Harrison Street, San Francisco, CA 94107, (415) 489-6400, TTY 
Number: (415) 436-6594

Honolulu Office

500 Ala Moana Boulevard, Suite 3A, Honolulu, HI 96813, (808) 522-
8175, TTY Number: (808) 522-8193

HUD--Los Angeles Hub

Los Angeles Office

611 West 6th Street, Suite 800, Los Angeles, CA 90017-3106, (213) 
894-8000, TTY Number: (213) 894-8133

HUD--Seattle Hub

Portland Office

400 Southwest Sixth Avenue, Suite 700, Portland, OR 97204-1632, 
(503) 326-2561, TTY Number: (503) 326-3656

Anchorage Office

3000 C Street, Suite 401, Anchorage, AK 99503, (907) 677-9880, TTY 
Number: (907) 677-9825

Seattle Office

909 First Avenue, Suite 200, Seattle, WA 98104-5254, (206) 220-5101, 
TTY Number: (206) 220-5254
BILLING CODE 4210-27-P

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[FR Doc. 04-26115 Filed 11-24-04; 8:45 am]
BILLING CODE 4210-27-C