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contains documents other than rules or

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Notices Federal Register

7840 

Vol. 86, No. 20 

Tuesday, February 2, 2021 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

[Docket No. RHS–21–MFH–0004] 

Notice of Solicitation of Applications 

for Section 514 Off-Farm Labor 

Housing Loans and Section 516 OffFarm Labor Housing Grants for New 

Construction for Fiscal Year 2021 

AGENCY: Rural Housing Service, United 

States Department of Agriculture. 

ACTION: Notice. 

SUMMARY: The Rural Housing Service 

(RHS), an agency of the United States 

Department of Agriculture (USDA), 

announces that it is soliciting 

competitive pre-applications for Section 

514 Off-Farm Labor Housing (Off-FLH) 

loans and Section 516 Off-FLH grants 

for the construction of new Off-FLH 

units for domestic farm laborers, retired 

domestic farm laborers, or disabled 

domestic farm laborers. The program 

objective is to increase the supply of 

affordable housing for farm laborers. 

This Notice describes the method used 

to distribute funds, the pre-application 

and final application process, and 

submission requirements. 

DATES: Eligible pre-applications 

submitted to the Production and 

Preservation Division, Processing and 

Report Review Branch, for this Notice 

will be accepted until November 1, 

2022, 12:00 p.m., Eastern Standard 

Time. See the SUPPLEMENTARY

INFORMATION section for additional 

information. 

ADDRESSES: Applications to this Notice 

must be submitted electronically to the 

Production and Preservation Division, 

Processing and Report Review Branch. 

Specific instructions on how to submit 

applications electronically are provided 

below within this Notice under 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Bell, Branch Chief, Processing 

and Report Review Branch 1, 

Production and Preservation Division, 

Multifamily Housing Programs, Rural 

Development, United States Department 

of Agriculture, via email: 

MFHprocessing1@usda.gov or phone at: 

254–742–9764. 

SUPPLEMENTARY INFORMATION: The 

amount of program dollars available 

will be determined by yearly 

appropriations. Available loan and grant 

funding amounts can be found at the 

following link: https://

www.rd.usda.gov/programs-services/ 

farm-labor-housing-direct-loans-grants. 

Expenses incurred in developing preapplications and final applications will 

be at the applicant’s sole risk. 

Application Submission Deadlines 

There will be three rounds of preapplication submissions and selections 

set forth below. Pre-applications that are 

deemed eligible but are not selected for 

further processing for each individual 

fiscal year that this Notice is open, will 

be withdrawn from processing. The 

applicant may reapply in a future 

funding round. RHS will not consider 

any application that is received after the 

established deadlines unless the date 

and time are extended by another Notice 

published in the Federal Register. RHS 

may at any time supplement, extend, 

amend, modify, or supersede this Notice 

by publishing another Notice in the 

Federal Register. 

The application deadlines are as 

follows: 

First Round 

1. Available loan and grant funding

posted to the RHS website by February 

5, 2021. 

2. Pre-applications must be submitted

by April 1, 2021, 12:00 p.m., Eastern 

Standard Time. 

3. RHS notification to applicants by

June 1, 2021. 

4. Pre-application selections posted to

the RHS website by July 1, 2021. 

5. Final applications must be

submitted by August 2, 2021, 12:00 

p.m., Eastern Standard Time.

6. Funds must be obligated by

September 30, 2021. 

Second Round 

1. Available loan and grant funding

posted to the RHS website by August 2, 

2021. 

2. Pre-applications will be accepted

after September 1, 2021. 

3. Pre-applications must be submitted

by November 1, 2021, 12:00 p.m., 

Eastern Standard Time. 

4. RHS notification to applicants by

January 4, 2022. 

5. Pre-application selections posted to

the RHS website by March 1, 2022. 

6. Final applications must be

submitted by May 2, 2022, 12:00 p.m., 

Eastern Standard Time. 

7. Funds must be obligated by

September 30, 2022. 

Third Round 

1. Available loan and grant funding

posted to the RHS website by August 1, 

2022. 

2. Pre-applications will be accepted

after September 1, 2022. 

3. Pre-applications must be submitted

by November 1, 2022, 12:00 p.m., 

Eastern Standard Time. 

4. RHS notification to applicants by

January 2, 2023. 

5. Pre-application selections posted to

the RHS website by March 1, 2023. 

6. Final applications must be

submitted by May 1, 2023, 12:00 p.m., 

local time. 

7. Funds must be obligated by

September 29, 2023. 

Priority Language for Funding 

Opportunities 

RHS encourages applications that will 

help advance equity and improve 

outcomes in rural America. To 

encourage investments in rural 

properties, RHS will award points to 

projects located in rural Opportunity 

Zones where projects should provide 

measurable results in helping 

communities build robust and 

sustainable economies. An Opportunity 

Zone is an economically distressed 

community where new investments, 

under certain conditions, may be 

eligible for preferential tax treatment. 

Localities qualify as Opportunity Zones 

if they have been nominated for that 

designation by the state and that 

nomination has been certified by the 

Secretary of the U.S. Treasury via his 

delegation of authority to the Internal 

Revenue Service. See https://

www.irs.gov/newsroom/opportunityzones-frequently-asked-questions for 

more information. 

To focus investments in areas where 

the need for increased prosperity is 

greatest, RHS will set aside 10 percent 

of the available funds for applications 

that will serve persistent poverty 


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counties for each individual fiscal year 

that this Notice is open. Persistent 

poverty counties are areas where at least 

20 percent of the population is living in 

poverty over the last 30 years (measured 

by the 1980, 1990, 2000 and 2010 

decennial censuses and 2007–2011 

American Community Survey five-year 

estimates) according to the American 

Community Survey census tract data. 

Information on which counties are 

considered persistent poverty counties 

can be found through the USDA 

Economic Research Service (ERS) 

(http://ers.usda.gov/). ERS is the main 

source of economic information and 

research for USDA and a principal 

Agency of the U.S. Federal Statistical 

System located in Washington, DC. Setaside funds will be awarded in the order 

of receipt of pre-applications. Once the 

set-aside funds are exhausted for each 

individual fiscal year that this Notice is 

open, any further set-aside applications 

will be evaluated and ranked with the 

other applications submitted in 

response to this Notice. If, after the 

preapplications are reviewed, RHS does 

not receive enough eligible applications 

to fully utilize the 10 percent set-aside 

in the service of these areas in each 

individual fiscal year that this Notice is 

open, RHS will award any unused setaside funds to other eligible applicants. 

Overview 

Federal Agency: Rural Housing 

Service. 

Funding Opportunity Title: Notice of 

Solicitation of Applications for Section 

514 Off-Farm Labor Housing Loans and 

Section 516 and Off-Farm Labor 

Housing Grants for New Construction 

for Fiscal Year 2021. 

Announcement Type: Solicitation of 

applications from qualified applicants 

for Fiscal Year 2021. 

Catalog of Federal Domestic 

Assistance Numbers (CFDA): 10.405 and 

10.427. 

A. Federal Award Description 

Pre-applications will only be accepted 

through the dates and times listed in 

this Notice. All awards are subject to the 

availability of funding. The maximum 

award per selected project may not 

exceed $5 million (total loan and grant). 

A state will not receive more than 30 

percent of the Off-FLH funding for each 

fiscal year that this Notice is open, 

unless there are remaining Section 514 

and Section 516 funds after all eligible 

applications Nationwide have been 

funded. In this case, funds will be 

awarded to the next highest-ranking 

eligible applications among all of the 

remaining unfunded applications 

within the applicable application round. 

The allocation of these funds may result 

in a state or states exceeding the 30 

percent limitation. 

Section 516 Off-FLH grants may not 

exceed 90 percent of the total 

development cost (TDC) of the housing. 

TDC is defined in 7 CFR 3560.11. 

Section 514 Off-FLH loans may not 

exceed the limits set forth in 7 CFR 

3560.562(b). 

If leveraged funds are going to be used 

and are in the form of Low-Income 

Housing Tax Credits (LIHTC), the 

applicant must include in the preapplication, written evidence that a 

LIHTC application has been submitted 

and accepted by the Housing Finance 

Agency (HFA). Applicants without 

written evidence that a tax credit 

application has been submitted and 

accepted by an HFA must certify in 

writing within the pre-application that 

they will apply for tax credits to an 

HFA, obtain a firm commitment letter, 

and include the commitment letter 

within their final application 

submission, if available. The firm 

commitment letter from the HFA must 

be submitted prior to the approval of the 

final application. If the applicant is 

unable to secure a firm commitment 

letter from the HFA in order to submit 

it to RHS by September 30th of the 

relevant fiscal year, the application will 

be deemed incomplete and the 

applicant will be notified in writing that 

the application will not be considered 

for funding. 

Pre-applications that propose the use 

of other forms of leveraged funds must 

submit firm commitment letters within 

their final application, if available. If the 

applicant is unable to secure a firm 

commitment letter from the funding 

source in order to submit it by 

September 30th of the relevant fiscal 

year, the application will be deemed 

incomplete and the applicant will be 

notified in writing that the application 

will not be considered for funding. 

A firm commitment letter is defined 

as a lender’s unqualified pledge to the 

borrower that they have passed their 

underwriting guidelines and they are 

willing to offer the borrower a loan and/ 

or grant under specified terms. The 

letter validates that the borrower’s 

financing has been fully approved and 

that the lender is prepared to close the 

transaction. Preliminary commitment 

letters, term sheets, or any other letter 

from the lender that does not meet the 

definition above will not be considered 

a firm commitment letter and will not 

meet the requirements specified in this 

Notice. 

Rental Assistance (RA) and Operating 

Assistance (OA) will be available for 

this Notice. OA is described in 7 CFR 

3560.574 and may be used in lieu of 

tenant-specific RA in Off-FLH projects 

financed under Section 514 or Section 

516(i) of the Housing Act of 1949 

(U.S.C. 1486(i)) as amended (42 U.S.C. 

1484 and 1486(h) respectively), that 

serve migrant farmworkers as defined in 

7 CFR 3560.11. 

In order to maximize the use of the 

limited supply of FLH funds, RHS may 

contact eligible applicants selected for 

an award in point score order starting 

with the highest score, with proposals to 

modify the transaction’s proportions of 

loan and grant funds for each individual 

fiscal year that this Notice is open. In 

addition, if funds remain after the 

highest scoring eligible applications are 

selected for awards, we may contact 

those eligible applicants selected for the 

awards, in point score order, starting 

with the highest score, to ascertain 

whether those respondents will accept 

the remaining funds for each individual 

fiscal year that this Notice is open. 

In order to enhance customer service 

and the transparency of this program, 

RHS will publish a list of awardees, the 

loan and/or grant amounts of their 

respective awards, the self-score 

provided by the applicant, and the final 

score as computed by RHS in 

accordance with the dates listed in this 

Notice. This will be done for each 

funding round. This information can be 

found at: https://www.rd.usda.gov/ 

programs-services/farm-labor-housingdirect-loans-grants. RHS reserves the 

right to post all information submitted 

as part of the pre-application and final 

application package, which is not 

protected under the Privacy Act, on a 

public website with free and open 

access to any member of the public. 

B. Eligibility Information 

1. Eligibility 

Housing Eligibility—housing that is 

constructed with FLH loans and/or 

grant funds must meet RHS’s design and 

construction standards contained in 7 

CFR part 1924, subparts A and C. Once 

constructed, Off-FLH must be managed 

in accordance with 7 CFR part 3560. In 

addition, Off-FLH must be operated on 

a non-profit basis and tenancy must be 

open to all qualified domestic farm 

laborers, regardless of which farm they 

work. Section 514(f)(3) of the Housing 

Act of 1949, as amended (42 U.S.C. 

1484(f)(3)) defines domestic farm 

laborers to include any person 

regardless of the person’s source of 

employment, who receives a substantial 

portion of his/her income from the 

primary production of agricultural or 

aqua cultural commodities in the 


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unprocessed or processed stage, and 

also includes the person’s family. 

Tenant Eligibility—tenant eligibility 

is limited to persons who meet the 

definition of a ‘‘domestic farm laborer,’’ 

or a ‘‘disabled domestic farm laborer,’’ 

or a ‘‘retired domestic farm laborer’’ as 

defined in Section 514(f)(3) of the 

Housing Act of 1949, as amended (42 

U.S.C. 1484(f)(3)). 

Section 514(f)(3)(A) of the Housing 

Act of 1949 (42 U.S.C. 1484(f)(3)(A)) has 

been amended to extend FLH tenant 

eligibility to agricultural workers legally 

admitted to the United States and 

authorized to work in agriculture. In 

addition, under no circumstance may 

any currently eligible FLH tenants be 

displaced from their homes as a result 

of this statutory change. 

Owners are responsible for verifying 

tenant income eligibility. Only very-low 

or low-income households are eligible 

for the operating assistance rents. 

Households with incomes above the 

low-income limits must pay the full 

rent. 

In accordance with 7 CFR 3560.554, 

off-farm labor housing may be used to 

serve migrant farmworkers. Migrants or 

migrant agricultural laborer is a person 

(and the family of such person) who 

receives a substantial portion of his or 

her income from farm labor employment 

and who establishes a residence in a 

location on a seasonal or temporary 

basis, in an attempt to receive farm labor 

employment at one or more locations 

away from their home base state, 

excluding day-haul agricultural workers 

whose travels are limited to work areas 

within one day of their residence. 

Seasonal housing is housing that is 

operated on a seasonal basis, typically 

for migrants or migrant agricultural 

laborers as opposed to year-round. OffFLH loan and grant funds may be used 

to provide facilities for seasonal or 

temporary residential use with 

appropriate furnishings and equipment. 

A temporary residence is a dwelling 

which is used for occupancy, usually for 

a short period of time, but is not the 

legal residence for the occupant. 

The design and construction 

requirements established in § 3560.60 

apply to all applications for Off-FLH 

loans and grants except that seasonal 

Off-FLH that will be occupied for eight 

months or less per year by migrant 

farmworkers while they are away from 

their residence, may be constructed in 

accordance with Exhibit I of 7 CFR part 

1924, subpart A. 

For Off-FLH operating on a seasonal 

basis, the management plan must 

establish specific opening and closing 

dates. During the off-season, Off-FLH 

may be used as defined in 7 CFR part 

3560, subpart A, under short-term lease 

provisions. Where rents are charged on 

a per-unit basis and family income 

qualifies the household for rental 

assistance, rental assistance may be 

used. 

Off-FLH is subject to the tenant 

contribution and rental unit rent 

requirements for Plan II housing 

established under 7 CFR part 3560, 

subpart E, except where seasonal 

housing will be occupied for less than 

a three-month period. In such instances 

the best available and practical income 

verification methods may be used with 

prior approval of RHS. 

Actual dollars earned from farm labor 

by domestic farm laborers other than 

migrant farmworkers must equal at least 

65 percent of the annual income limits 

indicated for the Standard Federal 

regions as published by RHS for their 

particular region of the country. For 

migrant farmworkers living in seasonal 

housing the actual dollars earned from 

farm labor by a domestic farm laborer 

must equal at least 50 percent of annual 

income limits indicated for the Standard 

Federal regions, as published by RHS. 

Applicant Eligibility— 

(a) To be eligible to receive a Section 

514 loan for Off-FLH, the applicant 

must meet the requirements of 7 CFR 

3560.555(a) and be a broad-based nonprofit organization of farmworkers, a 

Federally recognized Indian tribe, a 

community organization, or an Agency 

or political subdivision of state or local 

Government, and must meet the 

requirements of § 3560.55, excluding 

§ 3560.55(a)(6). A broad-based nonprofit organization is a non-profit 

organization that has a membership that 

reflects a variety of interests in the area 

where the housing will be located; or a 

limited partnership with a non-profit 

general partner which meets the 

requirements of § 3560.55(d). 

(b) To be eligible to receive a Section 

516 grant for Off-FLH, the applicant 

must meet the requirements of 7 CFR 

3560.555(b) and be a broad-based nonprofit organization of farmworkers, a 

federally recognized Indian tribe, a 

community organization, or an agency 

or political subdivision of State or local 

Government, and must meet the 

requirements of § 3560.55, excluding 

§ 3560.55(a)(6). A broad-based nonprofit organization is a non-profit 

organization that has a membership that 

reflects a variety of interests in the area 

where the housing will be located; and 

be able to contribute at least one-tenth 

of the total farm labor housing 

development cost from its own or other 

resources. The applicant’s contribution 

must be available at the time of the grant 

closing. An Off-FLH loan financed by 

RHS may be used to meet this 

requirement, however, an RHS grant 

cannot be used to meet this 

requirement. Limited partnerships with 

a non-profit general partner are eligible 

for Section 514 loans; however, they are 

not eligible for Section 516 grants. 

(1) The applicant must be unable to 

provide the necessary housing from the 

applicant’s own resources and be unable 

to obtain credit from any other source 

upon terms and conditions which the 

applicant could reasonably be expected 

to fulfill. 

(2) Provide evidence that the 

applicant is unable to obtain credit from 

other sources. 

(3) In order to demonstrate the 

applicant meets the requirement at 7 

CFR 3560.55(a)(2), at least two letters 

from two separate credit institutions 

which normally provide real estate 

loans in the area must be obtained and 

these letters must indicate the rates and 

terms upon which a loan might be 

provided. (Note: not required from State 

or local public agencies or Indian 

tribes.) If two letters from two separate 

credit institutions that indicate the rates 

and terms upon which a loan might be 

provided is not submitted within the 

pre-application, the pre-application will 

be considered incomplete and will not 

be considered for funding. 

(4) Broad-based non-profit 

organizations must have a membership 

that reflects a variety of interests in the 

area where the housing will be located. 

2. Cost Sharing or Matching—the 

amount of any Off-FLH grant must not 

exceed 90 percent of the TDC as 

provided in 7 CFR 3560.562(c)(1). 

3. Other Requirements—the following 

requirements apply to loans and grants 

made in response to this Notice: 

(a) 7 CFR part 1901, subpart E, 

regarding equal opportunity 

requirements; 

(b) For grants only, 2 CFR parts 200 

and 400, which establishes the uniform 

administrative and audit requirements 

for grants and cooperative agreements to 

State and local Governments and to 

non-profit organizations; 

(c) 7 CFR part 1901, subpart F, 

regarding historical and archaeological 

properties; 

(d) 7 CFR 1970.11, Timing of the 

environmental review process. Please 

note, the environmental information 

must be submitted by the applicant to 

RHS. RHS must review and determine 

that the environmental information is 

acceptable before the obligation of 

funds; 

(e) 7 CFR part 3560, regarding the 

loan and grant authorities of the OffFLH program; 


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(f) 7 CFR part 1924, subpart A, 

regarding planning and performing 

construction and other development; 

(g) 7 CFR part 1924, subpart C, 

regarding the planning and performing 

of site development work; 

(h) For construction financed with a 

Section 516 grant, the provisions of the 

Davis-Bacon Act (40 U.S.C. 276(a)– 

276(a)–5) and implementing regulations 

published at 29 CFR parts 1, 3, and 5; 

(i) A credit report fee of at least $24 

will be charged to the applicant and 

paid to the United States Department of 

Agriculture. This fee is used to pay 

credit reports obtained by RHS; 

(j) Borrowers and grantees must take 

reasonable steps to ensure that tenants 

receive the language assistance 

necessary to afford them meaningful 

access to USDA programs and activities, 

free of charge. Failure to provide this 

assistance to tenants who can effectively 

participate in or benefit from Federally 

assisted programs or activities may 

violate the prohibition under Title VI of 

the Civil Rights Act of 1964, 42 U.S.C. 

2000d et seq. and Title VI regulations 

against national origin discrimination. 

(k) In accordance with 7 CFR 3560.60, 

the housing must be economical to 

construct, operate, and maintain and 

must not be of elaborate design or 

materials. 

(l) System for Awards Management. 

All program applicants must be 

registered in the System for Awards 

Management (SAM) prior to submitting 

an application, unless determined 

exempt under 2 CFR 25.110. Federal 

award recipients must maintain an 

active SAM registration with current 

information at all times during which it 

has an active Federal award or an 

application under consideration by the 

Agency. The applicant must ensure that 

the information in the database is 

current, accurate, and complete. 

Applicants must ensure they complete 

the Financial Assistance General 

Certifications and Representations in 

SAM. 

C. Pre-Application and Submission 

Information 

1. Pre-Application Submission 

The application process will be in two 

phases, for each individual fiscal year 

that this Notice is open: The initial preapplication and the submission of a 

final application. Only those preapplications that are selected for further 

processing will be invited to submit a 

final application. In the event that a preapplication is selected for further 

processing and the applicant declines, 

the next highest ranked pre-application 

will be selected for further processing in 

each individual fiscal year that this 

Notice is open. All pre-applications for 

Section 514 and Section 516 funds must 

meet the requirements of this Notice. 

Incomplete pre-applications will be 

rejected and returned to the applicant. 

No pre-application will be accepted 

after the deadline in a given round 

unless the date and time is extended by 

another Notice published in the Federal 

Register. 

Pre-applications should be submitted 

electronically. The process for 

submitting an electronic application to 

RHS is as follows: 

(a) At least two business days prior to 

the application deadline for the 

applicable funding round, the applicant 

must email RHS a request to create a 

shared folder in CloudVault. The email 

must be sent to the following address: 

Off-FLHapplication@usda.gov. The 

email must contain the following 

information: 

(1) Subject line: ‘‘Off-FLH Application 

Submission.’’ 

(2) Body of email: Borrower Name, 

Project Name, Borrower Contact 

Information, Project State. 

(3) Request language: ‘‘Please create a 

shared CloudVault folder so that we 

may submit our application 

documents.’’ 

Once the email request to create a 

shared CloudVault folder has been 

received, a shared folder will be created 

within two business days. When the 

shared CloudVault folder is created by 

RHS, the system will automatically send 

an email to the applicant’s submission 

email with a link to the shared folder. 

All required application documents in 

accordance with this Notice must be 

loaded into the shared CloudVault 

folder. When the submission deadline is 

reached for each applicable funding 

round, the applicant’s access to the 

shared CloudVault folder will be 

removed. Any document uploaded to 

the shared CloudVault folder after the 

application deadline, for each 

applicable funding round, will not be 

reviewed or considered. 

The applicant should upload a Table 

of Contents of all of the documents that 

have been uploaded to the shared 

CloudVault folder. Last-minute requests 

and submissions may not allow 

adequate time for the submission 

process to take place prior to the 

deadline. Applicants are reminded that 

all submissions must be received by the 

deadline, for each applicable funding 

round, and the application will be 

rejected if it is not received by the 

deadline date and time, regardless of 

when the application was submitted. 

(b) Prior to the submission of a preapplication, the applicant is encouraged 

to schedule a concept meeting with RHS 

to discuss the application process, the 

specifics on the proposed project, and 

the borrower’s responsibilities under the 

Off-FLH program, among other topics. 

Requests for concept meetings can be 

sent to the following email address: 

MFHprocessing1@usda.gov. 

(c) If a pre-application is accepted for 

further processing, the applicant must 

submit a final application, acceptable to 

RHS, prior to the obligation of funds. If 

the pre-application is not accepted for 

further processing due to being 

incomplete or ineligible, the applicant 

will be notified of appeal rights under 

7 CFR part 11. Pre-applications that are 

deemed eligible but are not selected for 

further processing for each individual 

fiscal year that this Notice is open will 

be withdrawn from processing. The 

applicant may reapply in a future 

funding round. 

2. Pre-Application Requirements 

(a) The pre-application must contain 

the following: 

(1) An executed and dated Executive 

Summary on the applicant’s letterhead 

that must include at least the following: 

(i) Brief description of the proposed 

project. Be sure to address if the project 

will be used year-round or seasonally 

and to what standards the housing will 

be built. 

(ii) Document the need for the project. 

The applicant must document that the 

housing and related facilities will fulfill 

a pressing need in the area in which the 

project will be located. 

(iii) Description of the proposed 

ownership structure with an 

organizational chart. 

(iv) Narrative verifying the applicant’s 

ability to meet the eligibility 

requirements stated earlier in this 

Notice. 

(v) A statement of the applicant’s 

experience in operating labor housing or 

other rental housing. If the applicant’s 

experience is limited, additional 

information should be provided to 

indicate how the applicant plans to 

compensate for this limited experience 

(i.e., obtaining assistance and advice of 

a management firm, non-profit group, 

public agency, or other organization 

which is experienced in rental 

management and will be available on a 

continuous basis). 

(vi) Description of the applicant’s 

legal and financial capability to carry 

out the obligation of the loan and/or 

grant. 

(vii) Proposed management. A brief 

statement explaining the applicant’s 

proposed method of operation and 

management (i.e., on-site manager, 

contract for management services, etc.). 


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As stated earlier in this Notice, the 

housing must be managed in accordance 

with the program’s management 

regulations, 7 CFR part 3560. 

(viii) Description of established site 

control. 

(ix) Proposed Return to Owner (RTO), 

if applicable. 

(x) Any financial commitments, 

financial concessions, or other 

economic benefits proposed to be 

provided by RHS. 

(xi) Third-party funding, if applicable. 

For each third-party funding source or 

leveraged funds, discuss briefly the 

funding provider, funding amount, 

including terms, commitment status, 

timing issues, any restrictions that will 

be applicable to the project, and 

whether any accommodation from RHS 

is proposed, such as a subordination in 

lien position. The desired lien position 

of any third-party funding source must 

be clearly disclosed as well as any 

proposal for RHS to subordinate its lien 

position. 

(xii) Any proposed compensation to 

parties having an identity of interest 

with either the seller, purchaser, 

consultant, or Technical Assistance 

(TA) provider, etc. 

(xii) Any proposed construction 

financing, for example, a construction or 

bridge loan or the use of multiple 

advances. 

(xiv) Type and method of 

construction such as owner builder, 

negotiated bid, or contractor method. 

(xv) If a FLH grant is desired, a 

statement concerning the need for a FLH 

grant. The statement must include 

estimates of the rents required with a 

grant and rents required without a grant. 

Documentation to demonstrate how the 

rent figures were computed must be 

provided. Documentation must be in the 

form of a completed Form RD 3560–7 

‘‘Multiple Family Housing Project 

Budget/Utility Allowance’’ completed 

as if a grant were received and another 

form completed as if a grant would not 

be received. RHS will review each 

budget to determine that the income and 

expenses are reasonable and customary 

for the area. RHS will then verify that 

the proposed rental rates provided on 

the budget that considers rents without 

a grant, are at or above market rate rents 

or at a level that would overburden the 

intended residents based on the average 

income of eligible FLH workers in the 

primary market area as provided in the 

market study. 

(xvi) If RA or OA is desired, a 

statement concerning the need for the 

RA or OA and a statement concerning 

the specific number of units of RA or 

OA that is needed. Strong and detailed 

justification must be provided for 

requests of 100 percent RA or OA. 

(xvii) Statement by the applicant that 

they will pay any cost overruns. 

(xviii) Estimated development 

timeline to include estimated start and 

end date as well as any other important 

milestones. 

(xix) Description of any required site 

development such as building roads, 

obtaining easements, installing utilities, 

verification that there is proper site 

access, and any state or local approvals 

such as zoning. 

(xx) Description of the required and 

intended applicant contribution. 

(xxi) Any other pertinent information 

that the applicant feels should be 

disclosed as part of this proposal, if 

applicable. 

(2) Standard Form 424 ‘‘Application 

for Federal Assistance’’ which can be 

obtained at: https://www.grants.gov/. 

(3) Current (within six months of this 

Notice’s pre-application submission due 

date of the applicable funding round) 

financial statements for each entity 

within the ownership structure with the 

following paragraph certified by the 

applicant’s designated and legally 

authorized signer: 

‘‘I/we certify the above is a true and 

accurate reflection of our financial 

condition as of the date stated herein. 

This statement is given for the purpose 

of inducing the United States of 

America to make a loan or to enable the 

United States of America to make a 

determination of continued eligibility of 

the applicant for a loan as requested in 

the loan application of which this 

statement is a part.’’ 

(4) A check for $24 made out to the 

United States Department of 

Agriculture. This will be used to pay for 

credit reports obtained by RHS. The 

check must be mailed to the following 

address and received prior to the 

application deadline for the applicable 

funding round. If the check is not 

received by the application deadline for 

the applicable funding round, the 

application will be considered 

incomplete and will not be considered 

for funding. 

Tonya Boykin, Management Assistant, 

United States Departments of 

Agriculture, 1400 Independence 

Avenue SW, Room 1263–S, STOP 

0782, Washington, DC 20250 

(5) Evidence that the applicant is 

unable to obtain credit from other 

sources. At least two letters from two 

separate credit institutions which 

normally provide real estate loans in the 

area must be obtained and these letters 

must indicate the rates and terms upon 

which a loan might be provided. RHS 

will review each letter to verify that the 

applicant is only able to obtain market 

rate financing, which would include a 

market rate interest rate and term of less 

than 30 years. 

(6) Letter from the IRS indicating the 

applicant’s tax identification number. 

(7) Documentation verifying the 

applicant’s DUNS number, if applicable. 

(8) Proposed limited partnership 

agreement and certificates of limited 

partners, if applicable. (Agency 

requirements should be contained in 

one section of the agreement and their 

location identified by the applicant or 

their attorney in a cover sheet.) 

(9) If a non-profit organization: 

(i) Tax-exempt ruling from the IRS 

designating them as a 501(c)(3) or 

501(c)(4) organization. If the designation 

is pending, a copy of the designation 

request must be submitted. 

(ii) Purpose statement, including the 

provision of low-income housing. 

(iii) Evidence of organization under 

Tribal, state and local law, or copies of 

pending applications and a copy of the 

applicant’s charter, Articles of 

Incorporation, and by-laws. 

(iv) List of Board of Directors 

including their names, occupations, 

phone numbers, and addresses. 

(v) If a member or subsidiary of 

another organization, the organization’s 

name, address, and nature of business. 

(10) Market feasibility documentation 

to identify the supply and demand for 

Off-FLH in the primary market area. A 

market study must be submitted. The 

market area must be clearly identified 

and may include only the area from 

which tenants can reasonably be drawn 

for the proposed project. Documentation 

must be provided to justify a need 

within the intended primary market 

area for the housing of domestic farm 

laborers. The documentation must also 

consider disabled and retired farm 

workers and adjusted medium incomes 

of very-low, low, and moderate. The 

market study must include all of the 

content in Exhibit 4–10 and Exhibit 4– 

11. These exhibits are located in HB–1– 

3560, Chapter 4, Section 4.18. The 

market study must also include 

documentation of all the elements in 

Attachment 4–F, located in HB–1–3560, 

Chapter 4. The provider must include a 

copy of Attachment 4–F within the 

report and provide the page number of 

the report where it contains the 

information that satisfies each element 

of Attachment 4–F. The market study 

must be obtained from, and performed 

by, an independent third-party provider 

that has no identity of interest with the 

property owner, management agent, 

applicant or any other principle or 


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affiliate. The market study must also 

include the following: 

(i) The annual income level of 

farmworker families in the area and the 

probable income of the farm workers 

who will likely occupy the proposed 

housing; 

(ii) A realistic estimate of the number 

of farm workers who remain in the area 

where they harvest and the number of 

farm workers who normally migrate into 

the area. Information on migratory 

workers should indicate the average 

number of months the migrants reside 

in the area and an indication of what 

type of households are represented by 

the migrants (i.e., single individuals as 

opposed to families); 

(iii) General information concerning 

the type of labor-intensive crops grown 

in the area and prospects for continued 

demand for farm laborers; 

(iv) The overall occupancy rate for 

comparable rental units in the area and 

the rents charged and customary rental 

practices for these units (i.e., will they 

rent to large families, do they require 

annual leases, etc.); 

(v) The number, condition, adequacy, 

rental rates and ownership of units 

currently used or available to farm 

workers; 

(vi) Information on any proposed new 

construction of housing units within the 

primary market area. The building 

permit information and pending tax 

credit applications must be checked for 

the primary market area; 

(vii) Documentation verifying that 

interviews were conducted with farms 

and other agricultural businesses within 

the primary market area to inquire if 

they are in need of additional housing 

for their employees or if they plan to 

expand and hire additional employees 

that will need housing; and 

(viii) A description of the proposed 

units, including the number, type, size, 

rental rates, amenities such as carpets 

and drapes, related facilities such as a 

laundry room or a community room and 

other facilities providing supportive 

services in connection with the housing 

and the needs of the prospective tenants 

such as a health clinic or day care 

facility. 

(11) Evidence of site control, such as 

an executed option contract or sales 

contract. In addition, a map and 

description of the proposed site, 

including the availability of water, 

sewer, and utilities and the proximity to 

community facilities and services such 

as shopping, schools, transportation, 

doctors, dentists, and hospitals. Off-FLH 

projects must comply with the site 

requirements in 7 CFR 3560.558 with 

the exception of the requirement that 

the property be located in a designated 

place. 

(12) A supportive services plan which 

describes services that will be provided 

on-site or made available to tenants 

through cooperative agreements with 

service providers in the community, 

such as a health clinic or day care 

facility. Off-site services must be 

accessible and affordable to farm 

workers and their families. A map 

showing the location of supportive 

services must be included. Letters of 

commitment from service providers are 

acceptable documentation. The plan 

must describe how the services will be 

funded. RA may not fund supportive 

services. 

(13) Preliminary plans and 

specifications, including a plot plan, 

site plan with contour lines, floor plan 

for each living unit type and other 

spaces, such as laundry facilities, 

community rooms, stairwells, etc., 

building exterior elevations, typical 

building exterior wall section, building 

layouts, and type of construction and 

materials. The housing must meet RHS’s 

design and construction standards 

contained in 7 CFR part 1924, subparts 

A and C, and must also meet all 

applicable federal, state, and local 

accessibility standards and be in 

compliance with all building codes. 

Also, applications for Off-FLH loans and 

grants must meet the design 

requirements in 7 CFR 3560.559. 

(14) Provide a description of the 

proposed interior/exterior washing 

facilities. Applicants should consider 

incorporating interior/exterior washing 

facilities for tenants, as necessary to 

protect the asset and the tenants from 

excess dirt and chemical exposure. Such 

facilities might include a boot washing 

station or hose bibs, among others. 

(15) Description and justification of 

related facilities and a schedule of 

separate charges for the related 

facilities. 

(16) The applicant must submit a 

checklist, certification, and signed 

affidavit by the project architect or 

engineer, as applicable, for any energy 

programs the applicant intends to 

participate in. 

(17) A Sources and Uses Statement 

which shows all sources of funding 

included in the proposed project. The 

terms and schedules of all sources 

included in the project should be 

included in the Sources and Uses 

Statement. (Note: Section 516 grants 

may not exceed 90 percent of the TDC 

of the project). 

(18) Evidence of the submission of the 

project description to the applicable 

State Housing Preservation Office 

(SHPO), and/or Tribal Historic 

Preservation Officer (THPO) with the 

request for comments. 

(19) Evidence of compliance with 

Executive Order 12372. The applicant 

must send a copy of Form SF–424, 

‘‘Application for Federal Assistance,’’ to 

the applicant’s State clearinghouse for 

intergovernmental review. If the 

applicant is located in a State that does 

not have a clearinghouse, the applicant 

is not required to submit the form. 

However, evidence that the State does 

not have a clearinghouse must be 

submitted. Applications from Federally 

recognized Indian tribes are not subject 

to this requirement. 

(20) Phase I Environmental Site 

Assessment, ASTM E–1527 (Phase I 

ESA). 

(22) FEMA Form 81–93, Standard 

Flood Hazard Determination. 

(23) Comments regarding relevant 

offsite conditions. 

(24) The following forms are required 

to be submitted with the preapplication: 

(i) Awards made under this Notice are 

subject to the provisions contained in 

the Consolidated Appropriations Act, 

2021 (Pub. L. 116–260) sections 745 and 

746 regarding felony convictions and 

corporate Federal tax delinquencies. To 

comply with these provisions, 

applicants that are, or propose to be, 

corporations will submit form AD–3030, 

‘‘Representations Regarding Felony 

Conviction and Tax Delinquent Status 

for Corporate Applicants,’’ as part of 

their pre-application. Form AD–3030 

can be found at: http://

www.ocio.usda.gov/document/ad3030. 

(ii) A prepared Form HUD–935.2A, 

‘‘Affirmative Fair Housing Marketing 

Plan (AFHMP)—Multifamily Housing’’ 

in accordance with 7 CFR 1901.203(c). 

The AFHMP will reflect that occupancy 

is open to all qualified ‘‘domestic farm 

laborers,’’ regardless of which farming 

operation they work for, and that they 

will not discriminate on the basis of 

race, color, sex, age, disability, marital 

or familial status or National origin in 

regard to the occupancy or use of the 

units. The AFHMP must include all 

attachments and supporting 

documentation. The form can be found 

at: http://portal.hud.gov/hudportal/ 

documents/huddoc?id=935-2a.PDF. 

Indian Tribes, including 

instrumentalities of such Indian Tribes, 

are not required to comply with certain 

aspects of the AFHMP guidelines above, 

and may allow members of Indian 

Tribes to be given preference for 

housing. The Native American Housing 

Enhancement Act of 2005 (NAHEA), 

Public Law 109–136, Codified at 25 

U.S.C. 4101 et seq., amended Title V of 

the Housing Act of 1949 (42 U.S.C. 1471 


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et seq.) which created the housing 

programs administered by the United 

States Department of Agriculture, Rural 

Housing Service. The NAHEA excludes 

Indian Tribes, including 

instrumentalities of such Indian Tribes, 

from the requirement to comply with 

Title VI of the Civil Rights Act of 1964, 

and Title VIII of the Civil Rights Act of 

1968, allowing members of Indian 

Tribes to be given preference for 

housing in accordance to the Native 

American Housing Assistance and Self 

Determination Act of 1996 (25 U.S.C. 

4101 et seq.). 

The NAHEA does not exempt Indian 

Tribes from complying with other laws 

that apply to recipients of Federal 

financial assistance. Therefore, federally 

recognized Indian Tribes must continue 

to comply with Section 504 of the 

Rehabilitation Act of 1973, the Age 

Discrimination Act of 1975, and Title IX 

of the Education Amendments Act of 

1972, where applicable. The NAHEA 

also did not exempt Indian Tribes from 

complying with the accessibility 

requirements of the Fair Housing 

Amendments Act (FHAA) of 1988. This 

Act amended Title VIII of the Fair 

Housing Act of 1968, to include 

disability and familial status. Therefore, 

the NAHEA did not specifically exempt 

Indian Tribes from the accessibility 

requirements of the FHAA. The 

requirements to construct multi-family 

housing properties accessible to, or 

adaptable for, persons with disabilities 

are to be followed. This requirement 

shall be consistent with RD Instructions 

7 CFR part 3560, § 3560.60, Design 

Requirements. 

(iii) A proposed post-construction 

operating budget utilizing Form RD 

3560–7, ‘‘Multiple Family Housing 

Project Budget/Utility Allowance’’ can 

be found at: http://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-7.PDF. 

RHS will review the budget to 

determine that the income and expenses 

are reasonable and customary for the 

area. RHS will also verify that the 

budget reflects the correct and estimated 

RHS debt service, number of units, unit 

mix, and proposed rents. Overall, RHS 

will review the budget for feasibility, 

accuracy, and reasonableness. 

(iv) An estimate of development costs 

utilizing Form RD 1924–13 ‘‘Estimate 

and Certificate of Actual Cost’’ can be 

found at: http://forms.sc.egov.usda.gov/ 

efcommon/eFileServices/eForms/ 

RD1924-13.PDF. 

(v) Form RD 3560–30, ‘‘Certification 

of no Identity of Interest (IOI),’’ if 

applicable, can be found at: http://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-30.PDF. 

(vi) Form RD 3560–31, ‘‘Identity of 

Interest Disclosure/Qualification 

Certification’’ if applicable, can be 

found at: http://forms.sc.egov.usda.gov/ 

efcommon/eFileServices/eForms/ 

RD3560-31.PDF. 

An IOI is defined in 7 CFR 3560.11. 

RHS will review Form RD 3560–30 and 

Form RD 3560–31, as applicable, to 

determine if they are completed in 

accordance with the Forms Manual 

Insert and to determine that all IOI’s 

have been disclosed. TA will not be 

funded by RHS when an IOI exists 

between the TA provider and the loan 

or grant applicant. 

(vii) Form HUD 2530, ‘‘Previous 

Participation Certification’’ can be 

found at: https://www.hud.gov/sites/ 

dfiles/OCHCO/documents/2530.pdf. 

(viii) If requesting RA or OA, Form RD 

3560–25, ‘‘Initial Request for Rental 

Assistance or Operating Assistance’’ can 

be found at: http://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-25.PDF. 

(ix) Form RD 400–4, ‘‘Assurance 

Agreement’’ can be found at: http://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD400-4.PDF. 

(x) RD Instruction 1940–Q, Exhibit A– 

1, ‘‘Certification for contracts, grants 

and loans,’’ can be found at: https://

www.rd.usda.gov/files/1940q.pdf. 

A separate one-page information sheet 

listing each of the pre-application 

scoring criteria contained in this Notice, 

followed by a reference to the page 

numbers of all relevant material and 

documentation that is contained in the 

proposal that supports the criteria. 

Applicants are encouraged to include a 

checklist of all of the application 

requirements in accordance with this 

Notice and to have their electronic 

application submission documents 

indexed in the order of this Notice to 

facilitate the review process. If any of 

the required items listed above are not 

submitted within the pre-application in 

accordance with this Notice or are 

incomplete, the pre-application will be 

considered incomplete and will not be 

considered for funding. 

RHS will not consider information 

from an applicant after the preapplication deadline for the applicable 

funding round. RHS may contact the 

applicant to clarify items in the 

application. RHS will uniformly notify 

applicants of each curable deficiency. A 

curable deficiency is an error or 

oversight that if corrected it would not 

alter, in a positive or negative fashion, 

the review and rating of the application. 

An example of a curable (correctable) 

deficiency would be inconsistencies in 

the amount of the funding request. 

D. Pre-Application Review Information 

1. Selection Criteria. Section 514 OffFLH loan funds and Section 516 OffFLH grant funds will be distributed to 

states based on a national competition, 

as follows: 

(a) RHS will accept, review, and score 

pre-applications in accordance with this 

Notice. 

(1) Points will be allocated for 

applications that leverage other funds 

based on the ratio of leveraged funds to 

RHS’s total investment. This is 

calculated as follows: 

The leverage ratio equals the sum of 

all permanent third-party project 

investments plus RHS’s allowed value 

of donated land. The value of the 

donated land will be calculated in 

accordance with RHS’s HB–1–3560. The 

amount of permanent third-party project 

investments is limited to third-party 

funds from equity, grants, loans, and 

deferred developer fees. To obtain the 

ratio from which the leveraged funds 

points are derived, the leveraged fund 

amount is divided by RHS’s investment, 

which equals the total amount of 

approved Section 514 loans and/or 

Section 516 grants. For example: 


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The leverage ratio is multiplied by 10 

to determine the points value for this 

section. Using the above leverage ratio, 

this would be 5.167 x 10, which equates 

to 51.67 score points for leverage. 

A score point for leverage of more 

than zero but less than one will be 

rounded to one point. A score point for 

leverage of zero or less will not receive 

any points. There is no maximum 

amount of score points for leverage. All 

score points for leverage will be 

rounded to two decimal places. 

Donated land must meet the 

requirements of 7 CFR 3560.56(c)(1)(iv). 

Land that has been donated and 

received points in the scoring process as 

donated land may not be considered an 

equity contribution nor may a return on 

the value of the land be allowed. 

(2) The presence of operational cost 

savings, such as tax abatements, nonRHS tenant subsidies or donated 

services are calculated on a per-unit cost 

savings for the sum of the savings. 

Savings must be available for at least 

five years and documentation must be 

provided within the pre-application 

demonstrating the availability of savings 

for five years. To calculate the savings, 

take the total amount of savings and 

divide it by the number of units in the 

project that will benefit from the savings 

to obtain the per-unit cost savings. For 

non-RHS tenant subsidy, if the value 

changes during the five-year calculation, 

the applicant must use the lower of the 

non-RHS tenant subsidy to calculate 

per-unit cost savings. For example, a 10- 

unit property with 100 percent 

designated farm labor housing units 

receiving $20,000 per year non-RHS 

subsidy yields a cost savings of 

$100,000 ($20,000 × 5 years); resulting 

in a $10,000 per-unit cost savings 

($100,000/10 units). 

Use the following table to apply 

points: 

Per-unit cost savings Points 

Above $15,000 ............................. 50 

$10,001–$15,000 .......................... 35 

$7,501–$10,000 ............................ 20 

$5,001–$7,500 .............................. 15 

$3,501–$5,000 .............................. 10 

$2,001–$3,500 .............................. 5 

$1,000–$2,000 .............................. 2 

Documentation must be provided 

within the pre-application that verifies 

the presence of operational cost savings. 

RHS will not be providing excess 

assistance to the project. This is 

determined by conducting a subsidy 

layering review and underwriting prior 

to the obligation of funds. 

(3) Ten points will be awarded to 

projects in Opportunity Zones. An 

Opportunity Zone is an economically 

distressed community where new 

investments, under certain conditions, 

may be eligible for preferential tax 

treatment. Localities qualify as 

Opportunity Zones if they have been 

nominated for that designation by the 

state and that nomination has been 

certified by the Secretary of the U.S. 

Treasury via his delegation of authority 

to the IRS. See https://www.irs.gov/ 

newsroom/opportunity-zonesfrequently-asked-questions for more 

information. Documentation must be 

provided within the pre-application that 

verifies the property is within an 

Opportunity Zone. 

(4) Points will be allocated for the 

presence of tenant supportive services. 

Two points will be awarded for each 

tenant service included in the tenant 

supportive services plan up to a 

maximum of 10 points. The plan must 

describe the proposed supportive 

services, including a description of the 

public or private funds that are expected 

to fund the proposed services as well as 

the way the services will be delivered, 

who will administer them, and where 

they will be administered. All tenant 

service plans must include letters of 

intent that clearly state the service that 

will be provided at the project for the 

benefit of the residents from any party 

administering each service, including 

the applicant. These services may 

include, but are not limited to, 

transportation related services, on-site 

English as a Second Language classes, 

move-in funds, emergency assistance 

funds, homeownership counseling, food 

pantries, after school tutoring, and 

computer learning centers. The 

proposed supportive services plan must 

describe how the services will meet the 

identified needs of the tenants and how 

the services will be provided on a 

consistent, long-term basis to support 

the tenants. The plan must clearly state 

how the services will be funded. RA 

may not be used to pay for these 

services. 

(5) Points will be allocated for Energy 

initiatives (the aggregate points for all 

the Energy Initiative categories may not 

exceed (20 points)). 

Properties may receive points for 

energy initiatives in the categories of 

energy conservation, energy generation, 

water conservation and green property 

management. Properties may earn 

‘‘energy initiative’’ points for new 

construction. 

National energy programs including 

the U.S. Green Building Council’s 

Leadership in Energy and 

Environmental Design (LEED (National 

Association of Homebuilders 2020 ICC 

700 National Green Building Standard, 

U.S. Department of Energy (DOE) Zero 

Energy Ready Homes, International 

Living Future Institute’s Living Building 

Challenge, U.S. Environmental 

Protection Agency (EPA) Energy Star for 

Homes, Passive House Institute’s PHIUS 

+, Enterprise Community Partners Green 

Communities, and local energy 

conservation programs, will each have 

an initial checklist indicating 

prerequisites for participation in its 

energy program. The applicable energy 

program checklist will establish 

whether prerequisites for the energy 

program’s participation will be met. All 

checklists must be accompanied by a 

signed affidavit by the project architect 

or engineer stating that the goals are 

achievable, and the project has been 

enrolled in these programs if enrollment 

is applicable to that program. These 

programs evolve and newer versions are 

published, sometimes annually. Projects 

must participate in the current version 

of the programs and must consult with 

the program provider for the most 

current, applicable and available 

programs for their project location. In 

addition, projects that apply for points 

under the energy generation category 

must include calculations of savings of 

energy. Compare property energy usage 

of three scenarios: (1) Property built to 

required code of state with no 

renewables, to (2) property as-designed 

with commitments to stated energy 

conservation programs without the use 

of renewables and (3) property asdesigned with commitments to stated 

energy conservation programs and the 

use of proposed renewables. Use local 

average metrics for weather and utility 

costs and detail savings in kWh and 

dollars. Provide payback calculations. 

These calculations must be done by a 

licensed engineer or credentialed 

renewable energy provider. Include 

with the application, the provider/ 

engineer’s credentials including 

qualifications, recommendations, and 

proof of previous work. The checklist, 

affidavit, calculations, and 

qualifications of the engineer/energy 

provider must be submitted together 

with the pre-application. 

Enrollment in EPA Portfolio Manager 

Program. All projects awarded scoring 

points for energy initiatives must enroll 

the project in the EPA Portfolio Manager 

program to track post-construction 

energy consumption data. More 

information about this program may be 

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

buildings/facility-owners-andmanagers/existing-buildings/useportfolio-manager. 

(i) Energy Conservation for New 

Construction. Projects may be eligible 

for scoring points when the preapplication includes a written 


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certification by the applicant to 

participate and achieve certification in 

the following energy efficiency 

programs. 

The points will be allocated as 

follows: 

• Participation in the EPA’s Energy 

Star Multifamily New Construction 

Certification Process (5 points). https:// 

www.energystar.gov/partner_resources/ 

residential_new/homes_prog_reqs/ 

multifamily_national_page 

OR 

• Participation in the Green 

Communities program by the Enterprise 

Community Partners (2020 Criteria). (7 

points) https://

www.enterprisecommunity.org/ 

solutions-and-innovation/greencommunities 

OR 

• Participation in one of the following 

two programs will be awarded points for 

certification. 

NOTE: Each program has four levels of 

certification. State the level of 

certification that the applicant’s plans 

will achieve in their certification: 

• LEED Residential BD&C program by 

the United States Green Building 

Council (USGBC): http://

www.usgbc.org.—Certified Level (6 

points), OR—Silver Level (7 points), 

OR—Gold Level (8 points), OR— 

Platinum Level (9 points) 

The applicant must state the level of 

certification that the applicant’s plans 

will achieve in their certification in the 

pre-application. 

OR 

• The National Association of Home 

Builders (NAHB) 2020 ICC 700 National 

Green Building Standard: https://

www.nahb.org/ 

—Green-Bronze Level (6 points), OR 

—Silver Level (7 points), OR—Gold 

Level (8 points), OR—Emerald Level 

(9 points). Applicant must state the 

level of certification that the 

applicant’s plans will achieve in their 

certification in the pre-application. 

OR 

• Participation in the DOE Zero 

Energy Ready Homes program. (9 

points) https://www.energy.gov/eere/ 

buildings/zero-energy-ready-homes 

OR 

• PHIUS+ Passive Building Standard 

(2018) (10 points) https://

multifamily.phius.org/service-category/ 

phius-within-reach 

OR 

• International Living Future Institute 

Living Building Challenge (11 points) 

https://living-future.org/lbc/ 

AND 

• Participation in local green/energy 

efficient building standards. Applicants 

who participate in a city, county or 

municipality programs (1 points). 

(ii) Energy Generation. Projects that 

commit to participate in the abovementioned programs in section i) also 

will receive scoring points for 

installation of on-site renewable energy 

sources. Energy analysis of preliminary 

building plans using industryrecognized simulation software must 

document the projected total energy 

consumption of all the building 

components and building site usage. 

Projects with an energy analysis of the 

preliminary or rehabilitation building 

plans that propose a 10 percent to 100 

percent energy generation commitment 

(where generation is considered to be 

the total amount of energy needed to be 

generated on-site to get the building a 

net-zero or net positive consumer/ 

producer of energy) will be awarded 

points as follows: 

• 0 to 9 percent commitment to energy 

generation—0 points 

• 10 to 20 percent commitment to 

energy generation—1 point 

• 21 to 40 percent commitment to 

energy generation—2 points 

• 41 to 60 percent commitment to 

energy generation—3 points 

• 61 to 80 percent commitment to 

energy generation—4 points 

• 81 to 100 percent or more 

commitment to energy generation—5 

points 

Projects may participate in Power 

Purchase Agreements or Solar Leases to 

achieve their on-site renewable energy 

generation goals provided that the 

financial obligations of the lease/ 

purchase agreements are clearly 

documented and included in the preapplication, and qualifying ratios 

continue to be achieved. 

An additional one point (1 point) will 

be awarded for off-grid systems, or 

elements of systems, provided that at 

least five percent of the on-site 

renewable system is off-grid. See 

www.dsireusa.org for State and local 

specific incentives and regulations of 

energy initiatives. 

(iii) Water Conservation in Irrigation 

Measures. Projects may be awarded one 

point (1 point) for the use of an 

engineered recycled water (gray water or 

storm water) for landscape irrigation 

covering 50 percent or more of the 

property’s site landscaping needs. 

(iv) Property Management 

Credentials. Projects may be awarded 

one point (1 point) if the designated 

property management company or 

individuals that will assume 

maintenance and operation 

responsibilities upon completion of 

construction work have a Credential for 

Green Property Management. 

Credentialing can be obtained from the 

National Apartment Association (NAA), 

National Affordable Housing 

Management Association, The Institute 

for Real Estate Management, USGBC 

LEED for Operations and Maintenance, 

or another source with a certifiable 

credentialing program. Credentialing 

must be illustrated in the resume(s) of 

the property management team and 

included with the pre-application. 

(6) Market. The applicant must 

provide the required market study as 

described above in Section C, Preapplication and Submission 

Information, number 11 and will be 

awarded points as follows: 

Need. Applications will be rated on 

the absorption ratio. The absorption 

ratio is computed by dividing the 

number of units in the proposed project 

by the number of income eligible and 

farm labor eligible households within 

the primary market area. 

• Evidence of Strong Need (4 points). 

An absorption ratio of 15 percent or 

less. 

• Evidence of Need (2 points). An 

absorption ratio greater than 15 percent 

and less than 30 percent. 

• No Evidence of Need (0 points). An 

absorption ratio 30 percent or greater. 

Neighborhood and Context. 

Applicants must demonstrate that the 

location of the site supports farm labor 

housing. The applicant must identify 

the location, the proximity, and ease of 

access of the project site to amenities 

important to the residents that 

supplement the services provided onsite. The site location will be rated on 

the following: 

• Health care and social services 

(hospital, medical clinic, social service 

organization that offers services to farm 

workers) (2 points); 

• Grocery stores (e.g., supermarket or 

other store that sells produce and meat) 

(2 points); 

• Recreational facilities (e.g., parks 

and green space, community center, 

gym, health club, or family 

entertainment venue, library) (2 points); 

• Civic facilities (e.g., place of 

worship, police or fire station, post 

office) (2 points); 

• Other neighborhood-serving 

amenities (e.g., apparel store, 

convenience store, pharmacy, bank, hair 

care, and restaurants) (2 points). 

Applicants must describe how 

residents could reasonably access 

critical amenities. Amenities will 

generally be considered readily 

available if they are within one-half 

mile walking distance or they can be 

accessed by public transportation 

(within one-quarter walking mile) 


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including accessible public 

transportation option, and/or affordable 

private door-to-door shuttle/van service 

that is reliable and accessible. 

Applicants may commit to providing 

such transportation services if the 

nature of the commitment and the 

financing of the commitment is 

adequately described. Project funds 

cannot be used for this purpose. 

To score the maximum number of 

points on this factor, applicants must 

make a compelling argument that the 

location of the proposed project is well 

suited with respect to proximate 

amenities to meet the needs of farm 

workers. Documentation must be 

provided that clearly outlines the 

project site and its proximity to the 

applicable amenities. 

(7) Owner capacity. This factor 

addresses the extent to which the 

applicant, or a member of the 

applicant’s team, has the experience and 

organizational resources to successfully 

implement the proposed activities in a 

timely manner. In this rating factor, RHS 

will consider the extent to which the 

application demonstrates the applicant’s 

ability to develop and operate FLH on 

a long-term basis. In the case of cosponsored applications, the rating will 

be based upon the combination of the 

experience of all co-sponsors in the area 

under review. 

A firm resume must be provided for 

the applicant and all Sponsors/CoSponsors. Each resume must include 

evidence of development experience 

and services experience, as applicable. 

In addition, the resume should include 

a description of all similar projects that 

the applicant and Sponsors/CoSponsors have been involved with, to 

include whether they were Federal 

housing projects, and information 

regarding the success of the projects. 

Development Experience. Applicants 

should demonstrate how the scope, 

extent, and quality of the Sponsor’s and/ 

or their consultant team’s recent 

experience in developing and operating 

housing is consistent with the details of 

the proposed project. The evaluation 

will consider experience with LIHTC, 

FLH with RHS funds, and other 

complex financing development 

transactions to the extent such expertise 

is relevant to the proposal, experience 

that shows familiarity with FLH and 

experience operating Federally assisted 

housing, which may be demonstrated by 

providing supporting data related to 

actual performance. The description or 

firm resumes must include any rental 

housing projects and supportive 

services facilities that the applicant 

sponsored, owns or operates. 

RHS will make a determination on the 

level of experience of the applicant and 

all Sponsors/Co-Sponsors, if applicable, 

based on the information and 

documentation presented within the 

pre-application. Points will be awarded 

as follows: 

• No development experience (0 points) 

• Low level of development experience 

(2 points) 

• Medium level of development 

experience (5 points) 

• High level of development experience 

(10 points) 

To score the highest number of points 

for this factor, applicants must describe 

significant previous experience in 

providing housing to farm laborer’s 

generally and significant previous 

experience implementing development 

activities with the type of financing 

proposed. 

Supportive Services Experience. 

Applicants should demonstrate how the 

scope, extent, and quality of the 

applicant’s experience and/or the 

experience of committed partners, 

including property managers, in 

providing services is consistent with the 

details of the proposed supportive 

services plan. The description and firm 

resumes must identify specific services 

provided. Applicants must explain their 

experience in RHS subsidy 

administration and/or their partners’ 

experience in providing property 

management and coordinating 

supportive services. 

RHS will make a determination on the 

level of experience of the applicant and 

all Sponsors/Co-Sponsors, if applicable, 

based on the information and 

documentation presented within the 

pre-application. Points will be awarded 

as follows: 

• No supportive services experience (0 

points) 

• Low level of supportive services 

experience (1 point) 

• Medium level of supportive services 

experience (3 points) 

• High level of supportive services 

experience (6 points) 

To score the highest number of points 

for this factor, applicants and/or 

committed partners must describe and 

provide evidence of significant previous 

experience in providing and 

coordinating supportive services to farm 

laborers. 

E. Federal Award Administration 

Information 

1. Federal Award Notices 

Applicants must submit their preapplications by the due dates specified 

in this Notice. RHS will rank by score, 

highest to lowest, eligible and complete 

pre-applications. Based on available 

funding, the 10 percent persistent 

poverty counties set-aside, and the 30 

percent limitation per state, RHS will 

determine which pre-applications will 

be selected for further processing 

starting with the highest scoring preapplication. RHS will notify applicants 

with pre-applications found eligible and 

selected for further processing. 

Applicants will be notified if there are 

insufficient funds available for the 

proposal and such notification is not 

appealable. For applications found 

ineligible or incomplete, RHS will send 

notices of ineligibility that provide 

appeal rights under 7 CFR part 11, as 

appropriate. 

RHS will rank all pre-applications 

nationwide. When proposals have an 

equal score and not all pre-applications 

can be funded, preference will be given 

first to Indian tribes as defined in 

§ 3560.11, then local non-profit 

organizations or public bodies whose 

principal purposes include low-income 

housing that meet the conditions of 

§ 3560.55(c), and the following 

conditions: 

• Is exempt from Federal income 

taxes under section 501(c)(3) or 

501(c)(4) of the Internal Revenue 

Service code; 

• Is not wholly or partially owned or 

controlled by a for-profit or limitedprofit type entity; 

• Whose members, or the entity, do 

not share an identity of interest with a 

for-profit or limited-profit type entity; 

• Is not co-venturing with another 

entity; and 

• The entity or its members will not 

be receiving any direct or indirect 

benefits pursuant to LIHTC. 

If after all of the above evaluations are 

completed and there are two or more 

pre-applications that have the same 

score, and all cannot be funded, a 

lottery will be used to break the tie. The 

lottery will consist of the names of each 

pre-application with equal scores 

printed onto a same size piece of paper, 

which will then be placed into a 

receptacle that fully obstructs the view 

of the names. The Director of the 

Production and Preservation Division, 

in the presence of two witnesses, will 

draw a piece of paper from the 

receptacle. The name on the piece of 

paper drawn will be the applicant to be 

funded. 

If insufficient funds or RA/OA remain 

for the next ranked proposal, that 

applicant will be given a chance to 

modify their pre-application to bring it 

within the remaining available funding. 

This will be repeated for each next 


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ranked eligible proposal until an award 

can be made or the list is exhausted. 

2. Administrative and National Policy 

All FLH loans and grants are subject 

to the restrictive-use requirements 

contained in 7 CFR 3560.72(a)(2). 

A FLH grant agreement, prepared by 

RHS, must be dated and executed by the 

applicant on the date of closing, if 

applicable. The form of loan resolution 

to be adopted by the applicant must 

contain policy and procedural 

requirements that should be read and be 

fully understood by the applicant’s 

Board of Directors and officers. The 

grant agreement will remain in effect for 

so long as there is a need for FLH and 

will not expire until an official 

determination has been made by RHS, if 

applicable. 

3. Reporting 

Borrowers must maintain separate 

financial records for the operation and 

maintenance of the project and for 

tenant services. Tenant services will not 

be funded by RHS. Funds allocated to 

the operation and maintenance of the 

project may not be used to supplement 

the cost of tenant services, nor may 

tenant service funds be used to 

supplement the project operation and 

maintenance. Detailed financial reports 

regarding tenant services will not be 

required unless specifically requested 

by RHS, and then only to the extent 

necessary for RHS and the borrower to 

discuss the affordability (and 

competitiveness) of the service provided 

to the tenant. The project audit, or 

verification of accounts on Form RD 

3560–10, ‘‘Borrower Balance Sheet’’ 

together with an accompanying Form 

RD 3560–7, ‘‘Multiple Family Housing 

Project Budget/Utility Allowance’’ must 

allocate revenue and expenses between 

project operations and the tenant 

services component. 

F. Preliminary Eligibility Assessment 

RHS shall make a preliminary 

eligibility assessment using the 

following criteria: 

1. The pre-application was received 

by the applicable submission deadlines 

specified in the Notice; 

2. The pre-application is complete as 

specified by the Notice; 

3. The applicant is an eligible entity 

and is not currently debarred, 

suspended, or delinquent on any 

Federal debt; and 

4. The proposal is for authorized 

purposes. 

G. Final Application and Submission 

Information 

1. Final Application Submission 

The pre-applications that are selected 

for further processing will be invited to 

submit final applications. In the event 

that a pre-application is selected for 

further processing and the applicant 

declines, the next highest ranked preapplication will be selected for further 

processing in each individual fiscal year 

that this Notice is open. The final 

applications will be due by the dates 

specified in this Notice for the 

applicable funding round. 

All final applications must be filed 

with RHS and must meet the 

requirements of this Notice. Incomplete 

final applications will be rejected and 

returned to the applicant. No final 

applications will be accepted after the 

deadline in a given round unless the 

date and time are extended by another 

Notice published in the Federal 

Register. 

A final application in accordance 

with this Notice must be submitted and 

approved by RHS prior to the obligation 

of funds. 

The final application submission 

process will be the same as previously 

explained and outlined for the preapplication submission process in 

Section C (1), ‘‘Pre-Application and 

Submission Information.’’ 

2. Final Application Requirements 

(a) The final application must contain 

the following in addition to the preapplication documents that were 

previously submitted: 

(1) Description of any changes from 

the pre-application submission 

including funding, scope of work, etc. 

(2) If any document that was 

submitted within the pre-application 

has since changed or needs to be 

updated with the final application, 

please submit the updated form(s) with 

the final application. 

(3) Final Standard Form 424, 

‘‘Application for Federal Assistance.’’ 

(4) Final proposed Form RD 1924–13, 

‘‘Estimate and Certificate of Actual 

Cost.’’ 

(5) Final proposed post-construction 

operating budget utilizing Form RD 

3560–7, ‘‘Multiple Family Housing 

Project Budget/Utility Allowance.’’ 

(6) Updated financial statements, if 

applicable (must be within six months 

of this Notice’s final application 

submission due date of the applicable 

funding round). 

(7) Form RD 1910–11, ‘‘Applicant 

Certification, Federal Collection Policies 

for Consumer or Commercial Debts’’ can 

be found at: https://

forms.sc.egov.usda.gov//efcommon/ 

eFileServices/eForms/RD1910-11.PDF. 

(8) Form RD 400–1, ‘‘Equal 

Opportunity Agreement’’ can be found 

at: https://forms.sc.egov.usda.gov/ 

eForms/searchAction.do?pageAction

=BrowseForms&_MenuAction=Yes. 

(9) Form RD 400–6, ‘‘Compliance 

Statement’’ can be found at: https://

forms.sc.egov.usda.gov/eForms/

searchAction.do?pageAction=

BrowseForms&_MenuAction=Yes. 

(10) Form AD–1047, ‘‘Certification 

Regarding Debarment, Suspension, and 

Other Responsibility Matters Primary 

Covered Transactions,’’ can be found at: 

https://www.ocio.usda.gov/sites/ 

default/files/docs/2012/AD1047_

PrimaryCoveredTransactions_final.pdf. 

This form is only required for applicants 

exempt under 2 CFR 25.110 (i.e. 

individual applicants). 

(11) Form AD–1048, ‘‘Certification of 

Debarment, Suspension, Ineligibility 

and Voluntary Exclusion Lower Tier 

Covered Transactions’’ if applicable, can 

be found at: https://www.ocio.usda.gov/ 

sites/default/files/docs/2012/AD1048_

LowerTierCoveredTransactions_

final.pdf. This form is only required for 

applicants exempt under 2 CFR 25.110 

(i.e. individual applicants). 

(12) Form AD–1049, ‘‘Certification 

Regarding Drug-Free Workplace 

Requirements (Grants) Alternative I— 

For Grantees Other Than Individuals,’’ 

can be found at: https://

www.ocio.usda.gov/sites/default/files/ 

docs/2012/AD1049_Alt1_

GranteesOtherThanIndividuals_

v2_final.pdf. 

(13) Form RD 3560–13, ‘‘Multi-Family 

Project Borrower’s/Management Agent’s 

Management Certification’’ if 

applicable, can be found at: https://

forms.sc.egov.usda.gov//efcommon/ 

eFileServices/eForms/RD3560-13.PDF. 

(14) Management plan with all 

attachments including the proposed 

record keeping system, the proposed 

lease with an attorney’s certification, if 

applicable, and the proposed occupancy 

rules. 

(15) Management Agreement, if 

applicable. 

(16) Final organizational documents 

or Certificate of Good Standing. 

(17) Attorney Certification. Letter 

from the applicant’s attorney certifying 

the legal sufficiency of the 

organizational documents. The attorney 

must certify: 

(i) The applicant’s legal capacity to 

successfully operate the proposed 

project for the life of the loan and/or 

grant. 

(ii) The organizational documents 

comply with RHS regulations. 


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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices 7851 

(iii) For partnership purchasers, that 

the term of the partnership extends at 

least through the latest maturity of all 

proposed RHS debt. 

(iv) That the organizational 

documents require prior written RHS 

approval for any of the following: 

Withdrawal of a general partner/ 

managing member, admission of a 

general partner/managing member, 

amending the organizational 

documents, and selling all or 

substantially all of the assets of the 

purchaser. 

(18) Acceptable appraisal. Applicants 

should contact RHS to discuss the 

appraisal requirements including the 

Statement of Work (SOW) prior to 

engaging an appraiser. Appraisals 

prepared for any other participants or 

lenders may not satisfy RHS SOW 

requirements and may require the 

applicant to incur additional costs. 

Please contact RHS at MFHprocessing1@

usda.gov to obtain a SOW prior to 

ordering the appraisal. 

(19) An acceptable Post Construction 

Capital Needs Assessment (CNA). The 

minimum requirements for a CNA 

acceptable to RHS can be found in 

Attachment B, CNA SOW. This is 

supplemented by Attachment C, Fannie 

Mae Physical Needs Assessment 

Guidance to the Property Evaluator. The 

CNA report must be obtained by the 

CNA recipient from an independent 

third-party CNA provider that has no 

identity of interest with the property 

owner, management agent, applicant or 

any other principle or affiliate. The CNA 

recipient will contract with the CNA 

provider and is therefore, the client of 

the provider. However, the CNA 

recipient must consult with RHS, before 

contracting with a CNA provider to 

review Guidance Regarding Contracting 

for a CNA. The RHS CNA reviewer will 

evaluate a proposed agreement or 

engagement letter between the CNA 

recipient and the CNA provider using 

Attachment D, CNA Guidance to the 

Reviewer, prior to reviewing any CNA 

report. Unacceptable CNA proposals, 

contracts or reports will be returned to 

the CNA recipient for appropriate 

corrections before they will be used for 

any underwriting determinations. The 

CNA reviewer will also review the cost 

of the CNA contract. In most cases, the 

CNA service contract amount has not 

exceeded $3,500 based on RHS’s most 

recent cost analysis. Borrowers and 

applicants are encouraged to obtain 

multiple bids in all cases. However, 

there is no RHS requirement to select 

the ‘‘low bidder.’’ All of the information 

and requirements, including the CNA 

Template that the CNA must be 

submitted on, can be found at: https:// 

www.rd.usda.gov/programs-services/ 

multi-family-housing-direct-loans. 

(20) Final plans and specifications 

along with the proposed manner of 

construction, if available. The housing 

must meet RHS’s design and 

construction standards contained in 7 

CFR part 1924, subparts A and C, and 

must also meet all applicable Federal, 

state, and local accessibility standards 

and be in compliance with all building 

codes. The final plans and 

specifications along with the proposed 

manner of construction must be 

submitted prior to the approval of the 

final application. 

(21) Final construction planning, 

bidding, and contract documents, 

including the construction contract and 

architectural agreement, etc., if 

available. The final construction 

planning, bidding, and contract 

documents, including the construction 

contract and architectural agreement, 

etc., must be submitted prior to the 

approval of the final application. 

(22) Environmental information in 

accordance with the requirements in 7 

CFR part 1970. The applicant should 

consult with RHS to determine the 

appropriate level of environmental 

review and to obtain publicly available 

resources at the earliest possible time 

for guidance in identifying all relevant 

environmental issues that must be 

addressed and considered during early 

project planning and design throughout 

the process. Requests for consult 

meetings can be sent to the following 

email address: MFHprocessing1@

usda.gov. The applicant is responsible 

for preparing and submitting the 

environmental review document in 

accordance with the format and 

standards provided by RHS in 7 CFR 

part 1970. Applicants may employ a 

design or environmental professional or 

technical service provider to assist them 

in the preparation of their 

environmental review documents at 

their own expense. The levels of review 

are as follows: 

(i) Categorical Exclusion without an 

Environmental Report (7 CFR 1970.53). 

This level of review is generally 

required for proposals for financial 

assistance that involve minimal 

alternations in the physical 

environment and typically occur on 

previously disturbed land. 

(ii) Categorical Exclusion with an 

Environmental Report (7 CFR 1970.54). 

This level of review is generally 

required for proposals for financial 

assistance that require an applicant to 

submit an environmental report with 

their application to facilitate RHS’s 

determination of extraordinary 

circumstances. This level of review 

would apply to proposals where site 

development activities for rural 

development purposes would impact 

not more than 10 acres of real property 

and would not cause a substantial 

increase in traffic. 

(iii) Environmental Assessment (7 

CFR part 1970, subpart C). 

This level of review is generally 

required for proposals for financial 

assistance that do not fall within the 

categories listed in § 1970.53 or 

§ 1970.54. 

The information above applies 

generally and cannot be used as official 

guidance, as stated above, please contact 

RHS to determine the appropriate level 

of environmental review before 

developing the report. 

(23) The environmental information 

must include evidence of compliance 

with the requirements of the applicable 

State Housing Preservation Office 

(SHPO), and/or Tribal Historic 

Preservation Officer (THPO). A letter 

from the SHPO and/or THPO where the 

Off-FLH project is located signed by 

their designee will serve as evidence of 

compliance. 

(24) If leveraged funds are going to be 

used and are in the form of LIHTC, the 

applicant must include in the final 

application a firm commitment letter 

from the HFA, if available. The firm 

commitment letter from the HFA must 

be submitted prior to the approval of the 

final application. If the applicant is 

unable to secure a firm commitment 

letter from the HFA in order to submit 

it to RHS to meet the deadlines stated 

in this Notice, the application will be 

deemed incomplete and the applicant 

will be notified in writing that the 

application will not be considered for 

funding. Additionally, the applicant 

will be required to submit a letter of 

intent or commitment from the investor 

or syndicator for the purchase of the 

LIHTC prior to the approval of the final 

application. 

(25) All applications that propose the 

use of any leveraged funds must submit 

firm commitment letters within their 

final application, if available. This 

includes any interim lender 

commitment letters with evidence of 

license to do business in the applicable 

state. If the applicant is unable to secure 

firm commitment letters from the 

funding sources in order to submit them 

to RHS to meet the deadlines stated in 

this Notice, the application will be 

deemed incomplete and the applicant 

will be notified in writing that the 

application will not be considered for 

funding. 

(26) Current Preliminary title 

insurance commitment/binder. 


jbell on DSKJLSW7X2PROD with NOTICES
7852 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices 

1See Cast Iron Soil Pipe Fittings from the People’s 

Republic of China: Preliminary Results of 

Countervailing Duty Administrative Review, 85 FR 

67515 (October 23, 2020) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum. 

2On January 8, 2020, Commerce published its 

final determination in a changed circumstances 

(27) Land survey with flood plain 

certification. 

(28) Description of how the applicant 

will meet the equity contribution 

requirement as applicable. 

(29) Description of how the applicant 

will provide the two percent initial 

operating and maintenance reserve 

requirement. 

(30) Signed statement from the 

applicant agreeing to pay cost overruns. 

Final Applications 

RHS will follow this Notice for the 

processing of final applications. Final 

applications will need to follow the 

bidding process as set forth in 7 CFR 

part 1924. 

Documentation of Underwriting and 

Costs 

All final applications including the 

loan and/or grant requests will be 

analyzed using an underwriting 

template that RHS has developed. A 

complete analysis and underwriting of 

the proposed transaction will be 

completed to ensure all regulatory 

requirements are met and to ensure 

overall project feasibility as well as to 

determine the minimum amount of 

assistance that is needed for the 

proposal. 

Once the loan and/or grant funds have 

been obligated, the applicant should be 

prepared to close the transaction and 

complete construction within 12–18 

months. Off-FLH loans and/or grants 

must be liquidated not more than three 

years from the date the loan and/or 

grant funds were obligated. Annually, if 

the loan and/or grant funds have not 

been fully liquidated, the applicant 

must submit an obligation extension 

request to RHS. 

Questions regarding this Notice may 

be directed to Jonathan Bell, Branch 

Chief, Processing and Report Review 

Branch 1, Production and Preservation 

Division, Multifamily Housing Program, 

Rural Development, United States 

Department of Agriculture, or email: 

MFHprocessing1@usda.gov or phone at: 

254–742–9764. 

Technical Assistance Providers 

Please be aware that TA services may 

not be used to reimburse a non-profit or 

public body applicant for technical 

services provided by a non-profit 

organization, with housing and/or 

community development experience, to 

assist the non-profit applicant entity in 

the development and packaging of its 

loan/grant docket and project. In 

addition, TA will not be funded by RHS 

when an identity of interest exists 

between the TA provider and the loan 

or grant applicant. Identity of interest is 

defined in 7 CFR 3560.11. 

Equal Opportunity Survey 

RHS should provide applicants the 

voluntary OMB 1890–0014 form, 

‘‘Survey on Ensuring Equal Opportunity 

for Applicants,’’ (or other forms 

currently being used by RHS) and ask 

the applicant to complete it and return 

it to RHS. 

Substantial Portion of Income From 

Farm Labor 

The Notice restates the requirement 

that domestic farm laborers must receive 

a substantial portion of their income 

from ‘‘farm labor.’’ Further explanation 

of this requirement can be found in the 

regulation at 7 CFR 3560.576(b)(2). The 

term ‘‘farm labor’’ is defined in 7 CFR 

3560.11. 

H. Equal Opportunity and NonDiscrimination Requirements 

In accordance with federal civil rights 

law and USDA civil rights regulations 

and policies, USDA, its Agencies, 

offices, and employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program. Political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at: http://

www.ascr.usda.gov/complaint_filing_

cust.html, and at any USDA office or 

write a letter addressed to USDA and 

provide in the letter all of the 

information requested in the form. To 

request a copy of a complaint form, call, 

(866) 632–9992. Submit your completed 

form or letter to USDA by: 

(1) Mail: United States Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; 

(2) Fax: (202) 690–7442; or 

(3) Email at: program.intake@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Chadwick Parker, 

Acting Administrator, Rural Housing Service. 

[FR Doc. 2021–02193 Filed 2–1–21; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–063] 

Cast Iron Soil Pipe Fittings From the 

People’s Republic of China: Final 

Results of Countervailing Duty 

Administrative Review; 2017–2018 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that certain 

producers and/or exporters of cast iron 

soil pipe fittings (soil pipe fittings) from 

the People’s Republic of China (China), 

received countervailable subsidies 

during the period of review (POR) 

December 19, 2017, through December 

31, 2018. 

DATES: Applicable February 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Dennis McClure or Joseph Dowling, AD/ 

CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5973 or 

(202) 482–1646, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published the Preliminary 

Results of the administrative review in 

the Federal Register on October 23, 

2020.1 We invited interested parties to 

comment on the Preliminary Results. 

On November 23, 2020, we received 

a case brief from Wor-Biz Industrial 

Product Co., Limited (Anhui) (WorBiz).2 3 On November 30, 2020, we 


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