69454 Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Notices 

1To the extent that a state does not submit 

information about an existing program that provides 

substantially similar assistance to homeowners or 

such submission does not meet the requirements 

outlined below, the state’s allocation described in 

Schedule A will be administered in that state by the 

Department of Housing and Urban Development in 

accordance with HUD’s Emergency Homeowners’ 

Loan program. 

finds that: (1) Applying the Buy 

American requirement would be 

inconsistent with the public interest; (2) 

iron, steel, and the relevant 

manufactured goods are not produced in 

the U.S. in sufficient and reasonably 

available quantities or of satisfactory 

quality, or (3) inclusion of iron, steel, 

and manufactured goods will increase 

the cost of the overall project by more 

than 25 percent. Section 1605(c) 

provides that if the head of a Federal 

department or agency makes a 

determination pursuant to section 

1605(b), the head of the department or 

agency shall publish a detailed written 

justification in the Federal Register. 

In accordance with section 1605(c) of 

the Recovery Act and OMB’s 

implementing guidance published on 

April 23, 2009 (74 FR 18449), this notice 

advises the public that, on October 20, 

2010, upon request of the HACC, HUD 

granted an exception to applicability of 

the Buy American requirements with 

respect to work, using CFRFC grant 

funds, in connection with the Riverdale 

Senior Apartments project. The 

exception was granted by HUD on the 

basis that the relevant manufactured 

goods (GFCI outlets and through-thewall air conditioning units) are not 

produced in the U.S. in sufficient and 

reasonably available quantities or of 

satisfactory quality. 

Dated: November 4, 2010. 

Deborah Hernandez, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. 2010–28417 Filed 11–10–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5454–N–01] 

Emergency Homeowners’ Loan 

Program: Notice of Allocation of 

Funding for Substantially Similar State 

Programs 

AGENCY: Office of Assistant Secretary for 

Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: The Emergency Homeowners’ 

Loan program, originally authorized by 

a 1975 statute, was reauthorized and 

revised by the Dodd-Frank Wall Street 

Reform and Consumer Protection Act, 

which also made $1 billion in funding 

available for this program. This 

program, as recently revised, authorizes 

the Secretary to allow funds to be 

administered by a state that has an 

existing program that provides 

substantially similar assistance to 

homeowners, as determined by the 

Secretary. 

This notice sets out the key features 

of HUD’s emergency assistance program 

for homeowners, and solicits 

applications from states that have 

programs offering assistance 

substantially similar to this program. 

DATES: Deadline Date: The submission 

deadline date is December 13, 2010 (the 

‘‘Deadline Date’’). Information must be 

submitted to 

EHLStateFundingProgram@hud.gov, no 

later than 11:59 a.m. on the Deadline 

Date. 

FOR FURTHER INFORMATION CONTACT: 

Office of Housing Counseling, Office of 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Washington, DC 20410; telephone 

number 202–708–0317 (this is not a tollfree number). Persons with hearing or 

speech impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

Overview Information: 

A. Federal Agency Name: Department 

of Housing and Urban Development, 

Office of Emergency Homeowners’ Loan 

Assistance. 

B. Funding Opportunity Title: 

Emergency Homeowners’ Loan program: 

Funding of Comparable State Programs. 

C. Announcement Type: Initial 

Announcement. 

D. Funding Opportunity Number: The 

Federal Register number for this notice 

is FR–5454–N–01. 

E. Dates: The Deadline Date is 

December 13, 2010. Information must be 

submitted to 

EHLStateFundingProgram@hud.gov, no 

later than 11:59 a.m. on the Deadline 

Date. 

F. Additional Overview Information: 

1. Available Funds. Funds are 

available to administer existing state 

programs comparable to the Emergency 

Homeowners’ Loan program. 

2. Eligible Applicants. States that are 

included on the attached Schedule A 

are eligible to apply for funding under 

this notice provided that they are 

administering existing programs 

comparable to the Emergency 

Homeowners’ Loan program. 

Full Text of Announcement 

I. Funding Opportunity Description 

A. Program Description. The 

Emergency Housing Act of 1975 (12 

U.S.C. 2701), signed into law on July 2, 

1975, conferred on HUD, through title I 

of this statute, entitled the ‘‘Emergency 

Homeowners’ Relief Act,’’ standby 

authority to insure or make loans to 

homeowners to defray mortgage 

expenses so as to prevent widespread 

mortgage foreclosures and distress sales 

of homes resulting from the temporary 

loss of employment and income. The 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Pub. L. 111– 

203, approved July 21, 2010) revised 

and reauthorized this 1975 statute, and 

provided $1 billion to HUD to 

implement the program authorized by 

the Emergency Homeowners’ Relief Act, 

referred to by HUD in 2010 as the 

Emergency Homeowners’ Loan program. 

B. Authority. Title I (Emergency 

Homeowners’ Relief Act) of the 

Emergency Housing Act of 1975, as 

amended (12 U.S.C. 2701). 

II. Award Information 

A. Available Funds. Through this 

notice, $1 billion is made available to 

states in accordance with the state 

allocations provided in Schedule A, and 

HUD solicits applications from the 

states in Schedule A having comparable 

state programs.1 The HUD allocation 

formula in Schedule A targets funds to 

states based on their population and 

share of unemployed homeowners with 

a mortgage. The amounts listed on 

Schedule A include reasonable 

administrative costs to administer the 

assistance made available through the 

Emergency Homeowners’ Loan program. 

HUD’s Emergency Homeowners’ Loan 

program is intended to complement the 

Department of the Treasury’s Hardest 

Hit Fund by providing assistance to 

homeowners—who are at risk of 

foreclosure and have experienced a 

substantial reduction in income due to 

involuntary unemployment, 

underemployment, or a medical 

condition—in states that are not 

included in the Hardest Hit target states. 

Through its Hardest Hit Fund, the 

Department of the Treasury is providing 

targeted support to 18 states, and the 

District of Columbia, struggling with the 

highest unemployment rates. Together, 

these two sources of funds form a 

national effort to help unemployed and 

underemployed homeowners meet their 

mortgage obligations. 

B. Type of Assistance instrument. 

Funds will be awarded through a 

cooperative agreement. 

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Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Notices 69455 

III. Eligibility Information 

A. Eligible Applicants. Eligible 

applicants are states, including the 

Commonwealth of Puerto Rico, state 

housing finance agencies, or other 

nonprofit entities that are stateadministered or state-chartered, and 

over which a state has effective control, 

oversight responsibility, and the 

authority to audit. 

B. Eligible State Programs. A state 

program that is eligible for funding 

under the Emergency Homeowners’ 

Loan program is one that meets all of 

the following conditions: 

1. State Program. As provided in 

Section III.A., the program must be 

administered directly by the state or 

must be administered by an agency of 

the state, or other stated-chartered or 

state-administered entity over which the 

state has effective control, oversight 

responsibility, and the authority to 

audit. 

2. Existing Program. The program 

must have been in existence and in 

operation no later than July 21, 2010. 

Eligible state programs are those that 

already have experience, during this 

current housing crisis, in providing 

emergency mortgage assistance to 

homeowners at the risk of foreclosure. 

States with existing programs must have 

the capability, readiness, and ability to 

immediately implement, and 

successfully expend, the assistance 

made available to it by and through this 

solicitation. 

3. Mortgage relief for unemployed or 

under-employed homeowners. The 

program must be one that provides 

mortgage relief for unemployed or 

under-employed homeowners, as 

provided in Section III.B.6. 

4. Open to all homeowners meeting 

criteria in Section III.B.6. The program 

is open to all homeowners meeting the 

criteria in section III.B.6, without regard 

to race, color, religion, sex, familial 

status, national origin, or disability. 

5. Operation of the program in a costeffective manner and administrative 

costs. The program is administered in a 

cost-effective manner without excessive 

salary, overhead, or administrative 

expense and allows for the 

commencement of application 

acceptance by December 31, 2010, and 

obligation of all funds prior to October 

1, 2011. 

6. Program Requirements. 

a. Eligible homeowners. For a state to 

administer a program comparable to the 

Emergency Homeowners’ Loan program, 

the state program must provide 

assistance to a homeowner who must: 

i. Reside in the mortgaged property as 

principal residence. The mortgaged 

property must also be a single family 

residence (1- to 4-unit structure or 

condominium); 

ii. Be involuntarily unemployed or 

underemployed as the result of adverse 

economic conditions or have suffered a 

loss of income due to medical 

conditions, as specified under the state 

program; 

iii. Have, as of the date of application 

for assistance to the state program, 

income that is equal to, or less than, 120 

percent of the area median income 

(AMI), for the area in which the 

homeowner resides and whose income 

includes wage, salary, and selfemployed earnings and income; 

iv. Have current, gross income that is 

at least 15 percent lower than the 

homeowner’s income previous to the 

date that the homeowner became 

unemployed or underemployed, or 

suffered a medical condition that 

resulted in a reduction in income; 

v. Be delinquent on payments on the 

first mortgage on the mortgaged 

property to such an extent that 

foreclosure is imminent, and the 

homeowner and/or lender can provide 

evidence, satisfactory to the state, that 

the foreclosure is imminent 

(‘‘delinquent’’ means that payments 

under the mortgage have been 

delinquent for at least 3 months); 

vi. Have a reasonable likelihood of 

being able to resume repayment of the 

first mortgage obligations, and meet 

other housing expenses and debt 

obligations, when the assistance ends 

and/or borrower regains full 

employment, as determined by criteria 

under the state program. 

b. Eligible assistance. For a state to 

administer a program comparable to the 

Emergency Homeowners’ Loan program, 

the state program must provide 

assistance that meets the following 

conditions: 

i. Assistance provided to the eligible 

homeowner must be assistance directed 

at making payments on the first 

mortgage of the mortgaged property. 

ii. The total amount of assistance 

provided to the homeowner(s) for one 

mortgaged property is limited, with a 

preference for placing a restriction of 24 

months on the duration of assistance 

and a cap of $50,000 on the amount of 

assistance, comparable to the limit 

established by the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act. 

c. Repayment Terms. The state 

program must provide for repayment of 

the emergency mortgage assistance and 

provide security for such repayment by 

recordation of a HUD mortgage as a 

junior lien on the property. Any and all 

funds received by the program shall be 

in accordance with the HUD mortgage 

document. 

d. Termination of Monthly Assistance. 

The state program must provide for 

termination of assistance under 

conditions that include but are not 

limited to conditions comparable to the 

following: 

i. The homeowner no longer resides 

in, sells, transfers or otherwise conveys, 

or refinances, in which the borrower 

draws cash, the mortgaged property; or 

ii. The homeowner defaults on that 

portion of the homeowner’s current first 

lien mortgage loan payments for which 

the homeowner remains responsible. 

IV. Submission of Information 

A. There is no required application 

form. Eligible jurisdictions should 

submit information and evidence of the 

program that is comparable to the 

Emergency Homeowners’ Loan program, 

as specified in this notice. The 

information submitted must include 

documentation that the program is a 

state-administered or state-chartered 

program as provided in Sections III.B. 

and Section IV. 

B. Capacity of Existing Program. As 

part of its submission: 

• Each state must describe 

information regarding the number and 

type of homeowners assisted by its 

program. The number and type of 

assisted homeowners identified should 

cover the period beginning with the 

inception of the state’s program and 

ending on July 21, 2010. 

• Each state must also describe in 

detail the procedures it will use to 

ensure that it will be able to begin 

taking applications from homeowners 

by December 31, 2010, and will obligate 

its allocation, provided under this 

notice, by September 30, 2011. 

Information regarding the number of 

full-time staff assigned to the state’s 

program, including the type, tenure, and 

experience of such staff, and the number 

of bilingual staff assigned to the 

program, should be provided. 

Experience is relevant if it corresponds 

directly to programs of a similar scale 

and purpose; for example, real estate or 

housing finance program experience. 

• States also must describe the 

number of additional staff above and 

beyond current staffing levels who 

would need to be hired in order to carry 

out the HUD portion of the existing state 

program. 

C. Administrative Costs. HUD seeks to 

ensure that administrative costs 

incurred by applicants are reasonable 

and that states are able to implement 

their homeowner assistance program in 

a cost-effective manner. As a result, 

states with comparable programs must 

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69456 Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Notices 

demonstrate that they can administer 

the program without excessive salary, 

overhead, or administrative expense. 

Specifically, the state should describe 

the administrative costs incurred in 

operating its current homeowner 

assistance program. States should also 

project the administrative costs incurred 

to implement the program with HUD 

assistance made available through the 

Emergency Homeowners’ Loan program. 

Administrative costs include costs 

related to planning and implementing 

this program, along with the costs 

associated with the preparation and 

submission of HUD reports, etc. 

D. Information must be submitted to 

EHLStateFundingProgram@hud.gov, no 

later than 11:59 a.m. on the Deadline 

Date. 

E. If there is a discrepancy between 

any materials published by HUD in this 

notice and other information provided 

about the program, the published notice 

prevails. 

V. Nondiscrimination and Civil Rights 

Requirements 

States operating existing programs 

that provide substantially similar 

assistance to homeowners are 

considered recipients of federal 

assistance, and, therefore, must comply 

with the following federal requirements: 

• Fair Housing Act (42 U.S.C. 3601– 

19) and implementing regulations at 24 

CFR part 100 and the regulations at 24 

CFR part 107. 

• Title VI of the Civil Rights Act of 

1964 (42 U.S.C. 2000d et seq.) and 

implementing regulations at 24 CFR part 

1. 

• The Age Discrimination Act of 1975 

(42 U.S.C. 6101–6107) and 

implementing regulations at 24 CFR part 

146. 

• Recordkeeping. Recipients will be 

required to keep beneficiary records and 

report beneficiary data to HUD based on 

protected classes, in accordance with 

HUD’s regulations in 24 CFR part 121 

and other applicable HUD civil rights 

authorities. 

VI. Program Administration 

A. Cooperative Agreement 

After HUD determines that the state’s 

submission is complete and that the 

state has an existing program that 

provides substantially similar assistance 

to HUD’s Emergency Homeowners’ Loan 

program, HUD will execute a 

cooperative agreement with the state, 

state housing finance agency, or other 

nonprofit entity that is stateadministered or state-chartered, and 

over which the state has effective 

control, oversight responsibility, and the 

authority to audit the entity that will 

administer the Emergency Homeowners’ 

Loan program for the state. The 

cooperative agreement will include all 

applicable requirements specific to the 

Emergency Homeowners’ Loan program, 

federal grant requirements, and 

reporting requirements. 

B. Commitment and Expenditure 

Deadline 

The Dodd-Frank Wall Street Reform 

and Consumer Act provides that no loan 

or advance of credit shall be insured 

and no emergency mortgage relief 

payments made after September 30, 

2011, except with respect to mortgagors 

approved to receive the benefit of a loan 

or advance insured, or mortgage relief 

payments on that date. To expedite the 

use of funds, states administering a 

program that provides substantially 

similar assistance will be subject to the 

following commitment and expenditure 

deadlines on the grantee’s use of funds. 

• Obligate not less than 75 percent of 

grant funded under this notice by July 

31, 2011; and 

• Demonstrate that it will be able to 

obligate 100 percent of its funds by 

September 30, 2011. 

The grantee must track and report to 

HUD on a regular basis its progress in 

committing and expending Emergency 

Homeowners’ Loan program grant 

funds. 

C. Recapture and Reallocation 

If HUD determines in its sole 

discretion, that a state grantee will not 

be able to obligate 100 percent of its 

funds by September 30, 2011, HUD may 

recapture all or any portion of the state’s 

unobligated funds, and reallocate those 

funds to states that are able to expend 

funding for substantially similar 

programs or HUD’s Emergency 

Homeowners’ Loan program. 

VII. Other Information 

Environmental Review. This notice of 

funding availability does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this notice is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969. (42 U.S.C. 4321) 

Dated: November 5, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

SCHEDULE A 

State Allocation 

amount 

Texas .................................. $135,418,959 

New York ............................ 111,649,112 

Pennsylvania ...................... 105,804,905 

Massachusetts .................... 61,036,001 

Washington ......................... 56,272,599 

Minnesota ........................... 55,848,137 

Wisconsin ........................... 51,540,638 

Missouri .............................. 49,001,729 

Virginia ................................ 46,627,889 

Colorado ............................. 41,286,747 

Maryland ............................. 39,962,270 

Connecticut ......................... 32,946,864 

Kansas ................................ 17,748,782 

Arkansas ............................. 17,736,991 

Iowa .................................... 17,379,343 

Louisiana ............................ 16,691,558 

Utah .................................... 16,577,582 

Oklahoma ........................... 15,575,381 

Puerto Rico ......................... 14,714,668 

Idaho ................................... 13,284,075 

New Hampshire .................. 12,655,243 

New Mexico ........................ 10,725,515 

Maine .................................. 10,379,657 

West Virginia ...................... 8,339,884 

Nebraska ............................ 8,304,512 

Hawaii ................................. 6,292,250 

Delaware ............................. 6,048,577 

Montana .............................. 5,710,580 

Vermont .............................. 4,830,215 

Alaska ................................. 3,890,898 

Wyoming ............................. 2,346,329 

South Dakota ...................... 2,051,563 

North Dakota ...................... 1,320,547 

Total ............................. 1,000,000,000 

[FR Doc. 2010–28552 Filed 11–10–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5375–N–44] 

Federal Property Suitable as Facilities 

To Assist the Homeless 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless. 

DATES: Effective Date: November 12, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ezzell, Department of Housing 

and Urban Development, 451 Seventh 

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