Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42145 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger Ryder, Program Delivery 

Engineer, Federal Highway 

Administration, 200 North High Street, 

Columbus, Ohio 43215; telephone: (614) 

280–6849; e-mail: 

Roger.Ryder@fhwa.dot.gov; FHWA Ohio 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (eastern time). 

You may also contact Mr. Ferzan 

Ahmed, Ohio Department of 

Transportation, 400 E. William Street, 

Delaware, Ohio 43015; telephone: (740) 

833–8367; e-mail: 

Ferzan.Ahmed@dot.state.oh.us. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following major 

highway improvements in the State of 

Ohio: To reconstruct the I–70/I–71/SR 

315 freeway system known as 

Columbus’ South Innerbelt and involves 

changing the I–70 and I–71 lanes 

assignments, adding additional through 

lanes on I–70 and I–71 and 

reconfiguring the I–70/I–71/SR 315 west 

interchange and the I–70/I–71 east 

interchange. The improvements will 

also consolidate access to the downtown 

area by moving ramps to the periphery 

of the I–70/I–71 overlap section and 

compelling motorists traveling to and 

from downtown Columbus to use oneway urban corridor streets. Motorists 

will access downtown Columbus via 

one-way urban corridor streets that run 

parallel to the north side of the I–70/I– 

71 overlap and along both sides of I–71. 

These streets collect traffic from the 

freeway to distribute it throughout the 

downtown. The Mound Street corridor 

will be used for westbound traffic along 

the I–70/I–71 overlap and the Fulton 

Street corridor for eastbound traffic. 

Along I–71 traffic will utilize Lester 

Drive and Willow Alley for southbound 

traffic while northbound traffic will use 

a new urban corridor street parallel to 

Parsons Avenue. The improvements 

will provide for three (3) through lanes 

in each direction for I–70, two (2) 

through lanes in each direction for I–71 

and the elimination of the weaving 

between interstate routes in the overlap 

section by keeping the I–70 lanes to the 

inside and bringing the I–71 lanes along 

the outside. The project length is 

approximately 8.7 miles. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the 

Environmental Assessment (EA) for the 

project, approved on January 14, 2009, 

in the Finding of No Significant Impact 

(FONSI) issued on July 8, 2009, and in 

other documents in the FHWA 

administrative record. The EA, FONSI, 

and other documents in the FHWA 

administrative record file are available 

by contacting the FHWA or the Ohio 

Department of Transportation at the 

addresses provided above. The EA and 

FONSI can be viewed at ODOT District 

6 Office in Delaware, Ohio and on 

ODOT’s Web site at http:// 

www.7071study.org. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers), 23 

U.S.C. 319. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and section 1536], 

Marine Mammal Protection Act [16 

U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF), 16 U.S.C. 4601–4604; Safe 

Drinking Water Act (SDWA), 42 U.S.C. 

300(f)–300(j)(6); Rivers and Harbors Act 

of 1899, 33 U.S.C. 401–406; Wild and 

Scenic Rivers Act, 16 U.S.C. 1271–1287; 

Emergency Wetlands Resources Act, 16 

U.S.C. 3921, 3931; TEA–21 Wetlands 

Mitigation, 23 U.S.C. 103(b)(6)(m), 

133(b)(11); Flood Disaster Protection 

Act, 42 U.S.C. 4001–4128. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on August 13, 2009. 

Patrick A. Bauer, 

Acting Division Administrator, Columbus, 

Ohio. 

[FR Doc. E9–20068 Filed 8–19–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Funding Opportunity Title: Notice of 

Funds Availability (NOFA) inviting 

applications for the FY 2010 Funding 

Round of the Native American CDFI 

Assistance (NACA) Program. 

Announcement Type: Announcement 

of funding opportunity. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.020 

DATES: Applications for Financial 

Assistance (FA) and/or Technical 

Assistance (TA) awards through the FY 

2010 Funding Round of the NACA 

Program must be received by 5 p.m. 

Eastern Time (ET), October 7, 2009. 

Executive Summary: Subject to 

funding availability, this NOFA is 

issued in connection with the FY 2010 

Funding Round of the NACA Program 

(the FY 2010 Funding Round). The 

NACA Program is administered by the 

Community Development Financial 

Institutions Fund (the Fund). 

I. Funding Opportunity Description 

A. Through the NACA Program, the 

Fund provides: (i) FA awards to CDFIs 

that have at least 50 percent of their 

activities directed toward serving Native 

American, Alaskan Native, and/or 

Native Hawaiian Communities (Native 

CDFIs) that have Comprehensive 

Business Plans for creating 

demonstrable community development 

impact through the deployment of 

credit, capital, and financial services 

within their respective Target Markets 

or the expansion into new Investment 

Areas, Low-Income Targeted 

Populations, or Other Targeted 


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Populations, and (ii) TA grants to Native 

CDFIs, entities proposing to become 

Native CDFIs, and to Native 

organizations, Tribes, and Tribal 

organizations that propose to create 

Native CDFIs (Sponsoring Entities), in 

order to build their capacity to meet the 

community development and capital 

access needs of their existing or 

proposed Target Markets and/or to 

become certified Native CDFIs. 

B. The regulations governing the CDFI 

Program are found at 12 CFR part 1805 

(the Regulations) and provide guidance 

on evaluation criteria and other 

requirements of the NACA Program. The 

Fund encourages Applicants to review 

the Regulations. Detailed application 

content requirements are found in the 

applicable funding application and 

related guidance materials. Each 

capitalized term in this NOFA is more 

fully defined in the Regulations, the 

application, or the guidance materials. 

C. The Fund reserves the right to 

fund, in whole or in part, any, all, or 

none of the applications submitted in 

response to this NOFA. The Fund 

reserves the right to re-allocate funds 

from the amount that is anticipated to 

be available under this NOFA to other 

Fund programs, particularly if the Fund 

determines that the number of awards 

made under this NOFA is fewer than 

projected. 

II. Award Information 

A. Funding Availability: Through this 

NOFA, and subject to funding 

availability, the Fund expects that it 

may award approximately $12 million 

in appropriated funds in the FY 2010 

Funding Round. The Fund reserves the 

right to award in excess of $12 million 

in appropriated funds to Applicants in 

the FY 2010 Funding Round, provided 

that the funds are available and the 

Fund deems it appropriate. 

B. Availability of Funds for the FY 

2010 Funding Round: Funds for the FY 

2010 Funding Round have not yet been 

appropriated. If funds are not 

appropriated for the FY 2010 Funding 

Round, there will not be a FY 2010 

Funding Round. Further, it is possible 

that if funds are appropriated for the FY 

2010 Funding Round, the amount of 

such funds may be greater than or less 

than the amounts set forth above. 

Further, if funds for the FY 2010 

Funding Round are not appropriated, 

entities that are eligible to apply for 

CDFI Program funds and that might 

otherwise have applied for NACA 

Program funds are encouraged to apply 

for funds through the FY 2010 Funding 

Round of the CDFI Program. 

C. Types of Awards: An Applicant 

may submit an application either for: (i) 

A FA-only award; (ii) a FA award and 

a TA grant; or (iii) a TA-only grant. 

1. FA Awards: FA is intended to 

provide flexible financial support to 

CDFIs so that they may achieve the 

strategies outlined in their 

Comprehensive Business Plans. FA 

awards can be used in the following five 

categories: (i) Financial Products; (ii) 

Financial Services; (iii) Development 

Services; (iv) Loan Loss Reserves, 

Capital Reserves, or other activities/uses 

that support the activities in the 

Applicant’s Comprehensive Business 

Plan; and/or (v) Operations. For 

purposes of this NOFA, Financial 

Products means loans, grants, equity 

investments, and similar financing 

activities, including the purchase of 

loans originated by certified CDFIs and 

the provision of loan guarantees, in the 

Applicant’s Target Market, or for related 

purposes that the Fund deems 

appropriate (including administrative 

funds used to carry out Financial 

Products). Financial Services means 

checking and savings accounts, certified 

checks, automated teller machines 

services, deposit taking, remittances, 

safe deposit box services, and other 

similar services (including 

administrative funds used to carry out 

Financial Services). Development 

Services means activities that promote 

community development and are 

integral to the Applicant’s provisions of 

Financial Products and Financial 

Services (including administrative 

funds used to carry out Development 

Services) including, for example, 

financial or credit counseling, housing 

and homeownership counseling (preand post-), self-employment technical 

assistance, entrepreneurship training, 

and financial management skillbuilding. Loan Loss Reserves means 

funds that the Applicant will set aside 

in the form of cash reserves, or through 

accounting-based accrual reserves, to 

cover losses on loans, accounts, and 

notes receivable made in its Target 

Market, or for related purposes that the 

Fund deems appropriate (including 

administrative funds used to carry out 

Loan Loss Reserves). Capital Reserves 

means funds that the Applicant will set 

aside in the form of reserves to support 

the Applicant’s ability to leverage other 

capital, for such purposes as increasing 

its net assets or serving the financing 

needs of its Target Market, or for related 

purposes that the Fund deems 

appropriate (including administrative 

funds used to carry out Capital 

Reserves). Operations means funds that 

the Applicant will use to carry out its 

Comprehensive Business Plan, and/or 

for related purposes that the Fund 

deems appropriate, that are not used to 

carry out or administer any of the 

foregoing eligible FA uses. FA awards 

are most commonly used for an 

Applicant’s Financial Products since FA 

funds can be used to support the 

Applicant’s community development 

lending activities. 

The Fund may provide FA awards in 

the form of equity investments 

(including, in the case of certain Insured 

Credit Unions, secondary capital 

accounts), grants, loans, deposits, credit 

union shares, or any combination 

thereof. The Fund reserves the right, in 

its sole discretion, to provide a FA 

award in a form and amount other than 

that which the Applicant requests; 

however, the award amount will not 

exceed the Applicant’s award request as 

stated in its application. The Fund 

reserves the right, in its sole discretion, 

to provide a FA award to an Applicant 

on the condition that the Applicant 

agrees to use a TA grant for specified 

capacity-building purposes, even if the 

Applicant has not requested a TA grant. 

FA awards must be used to support the 

Applicant’s activities; FA awards cannot 

be used to support the activities of, or 

otherwise be ‘‘passed through’’ to, thirdparty entities, whether Affiliates, 

Subsidiaries, or others, without the 

prior written permission of the Fund. 

2. TA Grants: 

(a) The Fund provides TA awards in 

the form of grants. The Fund reserves 

the right, in its sole discretion, to 

provide a TA grant for uses and 

amounts other than that which the 

Applicant requests; however, the award 

amount will not exceed the Applicant’s 

award request as stated in its 

application and the applicable budget 

chart. 

(b) TA grants may be used to address 

a variety of needs including, but not 

limited to, development of strategic 

planning documents (such as strategic 

or capitalization plans), market analyses 

or product feasibility analyses, 

operational policies and procedures, 

curricula for Development Services 

(such as entrepreneurial training, home 

buyer education, financial education or 

training, or borrower credit repair 

training), improvement of underwriting 

and portfolio management, development 

of outreach and training strategies to 

enhance product delivery, operating 

support to expand into a new eligible 

market, and tools that allow the 

Applicant to assess the impact of its 

activities in its community. 

(c) Eligible TA grant uses include, but 

are not limited to: (i) Procuring 

professional services; (ii) acquiring/ 

enhancing technology items, including 

computer hardware, software, and 


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Internet connectivity and related 

management information systems; (iii) 

acquiring training for staff, management, 

and/or board members; and (iv) paying 

recurring expenses, including staff 

salary and other key operating expenses, 

that will enhance the capacity of the 

Applicant to serve its Target Market 

and/or to become certified as a Native 

CDFI or to create a Native CDFI. 

D. Notice of Award; Assistance 

Agreement: Each Awardee under this 

NOFA must sign a Notice of Award and 

an Assistance Agreement in order to 

receive a disbursement of award 

proceeds by the Fund. The Notice of 

Award and the Assistance Agreement 

contain the terms and conditions of the 

award. For further information, see 

Sections VI.A and VI.B of this NOFA. 

III. Eligibility Information 

A. Eligible Applicants: The 

Regulations specify the eligibility 

requirements that each Applicant must 

meet in order to be eligible to apply for 

assistance under this NOFA. The 

following sets forth additional detail 

and dates that relate to the submission 

of applications under this NOFA: 

1. FA Applicant Categories: All 

Applicants for FA awards through this 

NOFA must meet the following criteria: 

TABLE 1—FA APPLICANT CRITERIA

FA applicant 

category Applicant criteria Applicant may apply for: Application deadline 

Native CDFI ............. A Certified/Certifiable Native CDFI that meets all 

other eligibility requirements described in this 

NOFA.

Up to and including $750,000 in FA funds, and 

up to and including $150,000 in TA funds.

5:00 p.m. ET, October 7, 2009. 

Please note: The Fund reserves the right, 

in its sole discretion, to award amounts in 

excess of or less than the anticipated 

maximum award amounts permitted in this 

NOFA, if the Fund deems it appropriate. 

2. TA Applicants: All Applicants for 

TA grants through this NOFA must meet 

the following criteria: 

TABLE 2—TA APPLICANT CRITERIA

Applicant type Criteria of applicant Applicant can apply for: Application due 

date 

TA–Only ........... A Certified Native CDFI, a Certifiable Native CDFI, 

an Emerging Native CDFI, or a Sponsoring Entity.

Up to $150,000 for capacity-building activities ......... 5:00 p.m. ET, October 7, 2009. 

FA/TA ............... A Certified Native CDFI or a Certifiable Native 

CDFI.

Up to $150,000 in TA for capacity-building activities 5:00 p.m. ET, October 7, 2009. 

The Fund, in its sole discretion, 

reserves the right to award amounts less 

than the anticipated maximum award 

amounts permitted in this NOFA, if the 

Fund deems it appropriate. 

3. Native CDFI Certification 

Requirements: For purposes of this 

NOFA, eligible FA Applicants include 

Certified Native CDFIs and Certifiable 

Native CDFIs; eligible TA Applicants 

include Certified Native CDFIs, 

Certifiable Native CDFIs, Emerging 

Native CDFIs, and Sponsoring Entities, 

defined as follows: 

(a) Certified Native CDFIs: For 

purposes of this NOFA, a Certified 

Native CDFI is an entity that has 

received official notification from the 

Fund that it meets all CDFI certification 

requirements as of the date of 

publication of this NOFA, the 

certification of which has not expired 

and that has not been notified by the 

Fund that its certification has been 

terminated. In cases where the Fund 

provided Native CDFIs with written 

notification that their certifications had 

been extended, the Fund will consider 

the extended certification date (the later 

date) to determine whether those Native 

CDFIs meet this eligibility requirement. 

When applicable, each such Applicant 

must submit a Certification of Material 

Events form to the Fund not later than 

September 16, 2009 (see Table 3—FY 

2010 NACA Program Deadlines). The 

Certification of Material Events form can 

be found on the Fund’s Web site at 

http://www.CDFIfund.gov. 

(b) Certifiable Native CDFIs: For 

purposes of this NOFA, a Certifiable 

Native CDFI is an entity from which the 

Fund has received a complete CDFI 

Certification application no later than 

September 16, 2009 (see Table 3—FY 

2010 NACA Program Deadlines), 

evidencing that the Applicant meets the 

requirements to be certified as a Native 

CDFI. The CDFI Certification 

application can be found on the Fund’s 

Web site at http://www.CDFIfund.gov. If 

the Fund is unable to certify the 

organization as a Native CDFI based on 

the CDFI certification application 

submitted to the Fund, it is in the sole 

discretion of the Fund to terminate the 

Notice of Award and the award 

commitment. While a Certifiable Native 

CDFI may be conditionally selected for 

a FA award (as evidenced through the 

Notice of Award), the Fund will not 

enter into an Assistance Agreement or 

disburse award funds unless and until 

the Fund has officially certified the 

organization as a Native CDFI. 

(c) Emerging Native CDFIs: For 

purposes of this NOFA, an Emerging 

Native CDFI is an entity that 

demonstrates to the Fund’s satisfaction 

that it has a reasonable plan to be a 

certified Native CDFI within two 

calendar years after both entities enter 

into an Assistance Agreement or such 

other date selected by the Fund. 

Emerging Native CDFIs may apply for 

TA grants only and are not eligible to 

apply for FA awards. Each Emerging 

Native CDFI selected to receive a TA 

grant will be required, pursuant to its 

Assistance Agreement with the Fund, to 

become certified as a Native CDFI by a 

certain date. 

(d) Sponsoring Entities: For the 

purposes of this NOFA, a Sponsoring 

Entity is an entity that proposes to 

create a separate legal entity that will 

become a certified Native CDFI. For 

purposes of this NOFA, Sponsoring 

Entities include: (a) A Tribe, Tribal 

entity, Alaska Native Village, Village 

Corporation, Regional Corporation, NonProfit Regional Corporation/Association, 

or Inter-Tribal or Inter-Village 

organization; or (b) an organization 

whose primary mission is to serve a 


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Native Community including, but not 

limited to, an Urban Indian Center, 

Tribally Controlled Community College, 

community development corporation 

(CDC), training or education 

organization, or Chamber of Commerce, 

and that primarily serves a Native 

Community (meaning, at least 50 

percent of its activities are directed 

toward the Native Community). 

Sponsoring Entities may only apply for 

TA grants; they are not eligible to apply 

for FA awards. Each Sponsoring Entity 

that is selected to receive a TA grant 

will be required, pursuant to its 

Assistance Agreement with the Fund, to 

create a legal entity by a certain date 

that will, in turn, seek Native CDFI 

certification and to transfer available 

award funds to that Native CDFI upon 

certification. 

4. Limitation on Awards: An 

Applicant may receive only one FA 

award through the FY 2010 Funding 

Round of the CDFI Program or the 

NACA Program. No Applicant may also 

receive a FY 2010 Bank Enterprise 

Award (BEA) Program award (subject to 

certain limitations; refer to the 

Regulations at 12 CFR 1805.102). An 

NACA Program Applicant, its 

Subsidiaries, or Affiliates also may 

apply for and receive a tax credit 

allocation through the New Markets Tax 

Credit (NMTC) Program, but only to the 

extent that the activities approved for 

NACA Program awards are different 

from those activities for which the 

Applicant receives a NMTC Program 

allocation. 

B. Prior Awardees: Applicants must 

be aware that success in a prior round 

of any of the Fund’s programs is not 

indicative of success under this NOFA. 

For purposes of this section, the Fund 

will consider an Affiliate to be any 

entity that meets the definition of 

Affiliate in the Regulations or an entity 

otherwise identified as an Affiliate by 

the Applicant in its funding application 

under this NOFA. Prior Awardees 

should note the following: 

1. $5 million Funding Cap: Congress 

waived the $5 million funding cap for 

the FY 2009 Funding Round, and it is 

possible that the $5 million funding cap 

may be waived for the FY 2010 Funding 

Round as well. As of the publication 

date of this NOFA, however, such a 

waiver has not been enacted into law. 

Accordingly, the Fund is currently 

prohibited from obligating more than $5 

million in assistance, in the aggregate, to 

any one organization and its 

Subsidiaries and Affiliates during any 

three-year period. In general, the threeyear period extends back three years 

from the date that the Fund signs a 

Notice of Award; for purposes of this 

NOFA, and for ease of administration, 

the Fund will consider any assistance 

documented with a Notice of Award 

dated between October 1, 2007 and 

October 1, 2010 (which is the 

anticipated date that the Fund will issue 

Notices of Award for the FY 2010 

Funding Round). However, in light of 

the possibility of a waiver of the $5 

million funding cap, an Applicant who 

is otherwise eligible under this NOFA, 

and is requesting an award amount that 

would cause the Applicant to exceed 

the $5 million funding cap, should 

submit an Application under this 

NOFA. The Fund will assess 

applicability of the $5 million funding 

cap during the award selection phase 

based upon whether the Congressional 

waiver has been enacted at that time. 

2. Failure to Meet Reporting 

Requirements: The Fund will not 

consider an application submitted by an 

Applicant if the Applicant, or an 

Affiliate of the Applicant, is a prior 

Awardee or allocatee under any Fund 

program and is not current on the 

reporting requirements set forth in a 

previously executed assistance, 

allocation, or award agreement(s), as of 

the applicable application deadline of 

this NOFA. Please note that the Fund 

only acknowledges the receipt of reports 

that are complete. As such, incomplete 

reports or reports that are deficient of 

required elements will not be 

recognized as having been received. 

3. Pending Resolution of 

Noncompliance: If an Applicant is a 

prior Awardee or allocatee under any 

Fund program and if (i) it has submitted 

complete and timely reports to the Fund 

that demonstrate noncompliance with a 

previous assistance, allocation, or award 

agreement, and (ii) the Fund has yet to 

make a final determination as to 

whether the entity is in default of its 

previous assistance, allocation, or award 

agreement, the Fund will consider the 

Applicant’s application under this 

NOFA pending full resolution, in the 

sole determination of the Fund, of the 

noncompliance. Further, if an Affiliate 

of the Applicant is a prior Fund 

Awardee or allocatee and if such entity 

(i) has submitted complete and timely 

reports to the Fund that demonstrate 

noncompliance with a previous 

assistance, allocation, or award 

agreement and (ii) the Fund has yet to 

make a final determination as to 

whether the entity is in default of its 

previous assistance, allocation, or award 

agreement, the Fund will consider the 

Applicant’s application under this 

NOFA pending full resolution, in the 

sole determination of the Fund, of the 

noncompliance. 

4. Default Status: The Fund will not 

consider an application submitted by an 

Applicant that is a prior Awardee or 

allocatee under any Fund program if, as 

of the applicable application deadline of 

this NOFA, the Fund has made a final 

determination that such Applicant is in 

default of a previously executed 

assistance, allocation, or award 

agreement(s). Further, an entity is not 

eligible to apply for an award pursuant 

to this NOFA if, as of the applicable 

application deadline of this NOFA, the 

Fund has made a final determination 

that an Affiliate of the Applicant is a 

prior Awardee or allocatee under any 

Fund program and has been determined 

by the Fund to be in default of a 

previously executed assistance, 

allocation, or award agreement(s). Such 

entities will be ineligible to apply for an 

award pursuant to this NOFA so long as 

the Applicant’s, or its Affiliate’s, prior 

award or allocation remains in default 

status or such other time period as 

specified by the Fund in writing. 

5. Termination in Default: The Fund 

will not consider an application 

submitted by an Applicant that is a 

prior Awardee or allocatee under any 

Fund program if (i) within the 12-month 

period prior to the applicable 

application deadline of this NOFA, the 

Fund has made a final determination 

that such Applicant‘s prior award or 

allocation terminated in default of a 

previously executed assistance, 

allocation, or award agreement(s), and 

(ii) the final reporting period end date 

for the applicable terminated assistance, 

allocation, or award agreement(s) falls 

within the 12-month period prior to the 

application deadline of this NOFA. 

Further, an entity is not eligible to apply 

for an award pursuant to this NOFA if 

(i) within the 12-month period prior to 

the applicable application deadline, the 

Fund has made a final determination 

that an Affiliate of the Applicant is a 

prior Awardee or allocatee under any 

Fund program whose award or 

allocation terminated in default of a 

previously executed assistance, 

allocation, or award agreement(s), and 

(ii) the final reporting period end date 

for the applicable terminated assistance, 

allocation, or award agreement(s) falls 

within the 12-month period prior to the 

application deadline of this NOFA. 

6. Undisbursed Award Funds: The 

Fund will not consider an application 

submitted by an Applicant that is a 

prior Awardee under any Fund program 

if the Applicant has a balance of 

undisbursed award funds (as defined 

below) under said prior award(s), as of 

the applicable application deadline of 

this NOFA. Further, an entity is not 

eligible to apply for an award pursuant 


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to this NOFA if an Affiliate of the 

Applicant is a prior Awardee under any 

Fund program, and has a balance of 

undisbursed award funds under said 

prior award(s), as of the applicable 

application deadline of this NOFA. In a 

case where another entity that Controls 

the Applicant, is Controlled by the 

Applicant, or shares common 

management officials with the 

Applicant (as determined by the Fund) 

is a prior Awardee under any Fund 

program and has a balance of 

undisbursed award funds under said 

prior award(s), as of the applicable 

application deadline of this NOFA, the 

Fund will include the combined awards 

of the Applicant and such Affiliated 

entities when calculating the amount of 

undisbursed award funds. 

For purposes of the calculation of 

undisbursed award funds for the BEA 

Program, only awards made to the 

Applicant (and any Affiliates) three to 

five calendar years prior to the end of 

the calendar year of the application 

deadline of this NOFA are included 

(‘‘includable BEA awards’’). Thus, for 

purposes of this NOFA, undisbursed 

BEA Program award funds are the 

amount of FY 2004, 2005, and 2006 

awards that remain undisbursed as of 

the application deadline of this NOFA. 

For purposes of the calculation of 

undisbursed award funds for the CDFI 

Program and the Native Initiatives 

Funding Programs, only awards made to 

the Applicant (and any Affiliates) two to 

five calendar years prior to the end of 

the calendar year of this NOFA are 

included (‘‘includable CDFI/NI 

awards’’). Thus, for purposes of this 

NOFA, undisbursed CDFI Program and 

NI awards are the amount of FYs 2004, 

2005, 2006, and 2007 awards that 

remain undisbursed as of the 

application deadline of this NOFA. The 

term ‘‘Native Initiatives Funding 

Programs’’ refers to the NACA Program 

and all prior Native American funding 

programs sponsored by the Fund, 

through which funds are no longer 

available, including the Native 

American CDFI Technical Assistance 

(NACTA) Component of the CDFI 

Program, the Native American CDFI 

Development (NACD) Program, and the 

Native American Technical Assistance 

(NATA) Component of the CDFI 

Program. 

To calculate total includable BEA/ 

CDFI/NI awards: amounts that are 

undisbursed as of the application 

deadline of this NOFA cannot exceed 

five percent of the total includable 

awards. Please refer to an example of 

this calculation on the Fund’s Web site, 

found in the Q&A document for the FY 

2010 Funding Round. 

The ‘‘undisbursed award funds’’ 

calculation does not include: (i) Tax 

credit allocation authority made 

available through the NMTC Program; 

(ii) any award funds for which the Fund 

received a full and complete 

disbursement request from the Awardee 

by the applicable application deadline 

of this NOFA; (iii) any award funds for 

an award that has been terminated in 

writing by the Fund or deobligated by 

the Fund; or (iv) any award funds for an 

award that does not have a fully 

executed assistance or award agreement. 

The Fund strongly encourages 

Applicants requesting disbursements of 

‘‘undisbursed funds’’ from prior awards 

to provide the Fund with a complete 

disbursement request at least 10 

business days prior to the application 

deadline of this NOFA. 

7. Contact the Fund: Applicants that 

are prior Fund Awardees are advised to: 

(i) Comply with requirements specified 

in assistance, allocation, and/or award 

agreement(s), and (ii) contact the Fund 

to ensure that all necessary actions are 

underway for the disbursement or 

deobligation of any outstanding balance 

of said prior award(s). An Applicant 

that is unsure about the disbursement 

status of any prior award should contact 

the Fund’s Senior Resource Manager via 

email at 

CDFI.disburseinquiries@cdfi.treas.gov. 

C. Matching Funds: Congress waived 

the matching funds requirements for the 

FY 2009 Funding Round, and it is 

possible that the matching funds 

requirements may be waived for the FY 

2010 Funding Round as well. As of the 

publication date of this NOFA, however, 

such a waiver has not been enacted into 

law. Accordingly, the Fund encourages 

Applicants to include matching funds 

documentation as instructed in the 

application; if the matching funds 

waiver is enacted, the Fund will not 

consider matching funds 

documentation. An Applicant that does 

not include matching funds 

documentation in its application runs 

the risk of being determined to be 

ineligible for funding under the FY 2010 

Funding Round if said matching funds 

waiver is not enacted. In light of the 

possibility of a waiver of the matching 

funds requirements, an Applicant who 

would not satisfy the matching funds 

requirements but is otherwise eligible 

under this NOFA should submit an 

application under this NOFA. The Fund 

will assess applicability of the matching 

funds requirements during the award 

selection phase based upon whether the 

Congressional waiver has been enacted 

at that time. 

Accordingly, subject to the 

immediately preceding paragraph: 

1. Applicants responding to this 

NOFA must obtain non-Federal 

matching funds from sources other than 

the Federal government on the basis of 

not less than one dollar for each dollar 

of FA funds provided by the Fund 

(matching funds are not required for TA 

grants). Matching funds must be at least 

comparable in form and value to the FA 

provided by the Fund. For example, if 

an Applicant is requesting a FA award 

from the Fund, the Applicant must 

show that it has obtained matching 

funds through commitment(s) from nonFederal sources that are at least equal to 

the amount requested from the Fund. 

Applicants cannot use matching funds 

from a prior FA award under the NACA 

or CDFI Program or under another 

Federal grant or award program to 

satisfy the matching funds requirement 

of this NOFA. If an Applicant seeks to 

use as matching funds monies received 

from an organization that was a prior 

Awardee under the NACA or CDFI 

Program, the Fund will deem such 

funds to be Federal funds, unless the 

funding entity establishes to the 

reasonable satisfaction of the Fund that 

such funds do not consist, in whole or 

in part, of NACA or CDFI Program funds 

or other Federal funds. For the purposes 

of this NOFA, BEA Program awards may 

be used as matching funds. The Fund 

encourages Applicants to review the 

Regulations at 12 CFR 1805.500 et seq. 

and matching funds guidance materials 

on the Fund’s website for further 

information. 

2. Due to funding constraints and the 

desire to quickly deploy Fund dollars, 

the Fund will not consider for a FA 

award any Applicant that has no 

matching funds in-hand or firmly 

committed as of the application 

deadline of this NOFA. An Applicant 

for a FA award must demonstrate that 

it has eligible matching funds equal to 

no less than 25 percent of the amount 

of the FA award requested in-hand or 

firmly committed, on or after January 1, 

2008, and on or before the application 

deadline. The Fund reserves the right to 

rescind all or a portion of a FA award 

and re-allocate the rescinded award 

amount to other qualified Applicant(s), 

if an Applicant fails to obtain in-hand 

100 percent of the required matching 

funds by March 14, 2011 (with required 

documentation of such receipt received 

by the Fund not later than March 31, 

2011), or to grant an extension of such 

matching funds deadline for specific 

Applicants selected to receive FA 

awards, if the Fund deems it 

appropriate. For any Applicant that 

demonstrates that it has less than 100 

percent of matching funds in-hand or 


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firmly committed as of the application 

deadline, the Fund will evaluate the 

Applicant’s ability to raise the 

remaining matching funds by March 14, 

2011. 

3. Matching Funds Terms Defined; 

Required Documentation. (a) ‘‘Matching 

funds in-hand’’ means the Applicant 

has actually received the matching 

funds. If the matching funds are ‘‘inhand,’’ the Applicant must provide the 

Fund with acceptable written 

documentation of the source, form, and 

amount of the matching funds (i.e., 

grant, loan, deposit, and equity 

investment). For a loan, the Applicant 

must provide the Fund with a copy of 

the loan agreement and promissory 

note. For a grant, the Applicant must 

provide the Fund with a copy of the 

grant letter or agreement for all grants of 

$50,000 or more. For an equity 

investment, the Applicant must provide 

the Fund with a copy of the stock 

certificate and any related shareholder 

agreement. Further, if the matching 

funds are ‘‘in-hand,’’ the Applicant 

must provide the Fund with acceptable 

documentation that evidences its receipt 

of the matching funds proceeds, such as 

a copy of a check or a wire transfer 

statement. 

(b) ‘‘Firmly committed matching 

funds’’ means the Applicant has entered 

into or received a legally binding 

commitment from the matching funds 

source that the matching funds will be 

disbursed to the Applicant. If the 

matching funds are ‘‘firmly committed,’’ 

the Applicant must provide the Fund 

with acceptable written documentation 

to evidence the source, form, and 

amount of the firm commitment (and, in 

the case of a loan, the terms thereof), as 

well as the anticipated date of 

disbursement of the committed funds. 

4. The Fund may contact the 

matching funds source to discuss the 

matching funds and the documentation 

provided by the Applicant. If the Fund 

determines that any portion of the 

Applicant’s matching funds is ineligible 

under this NOFA, the Fund, in its sole 

discretion, may permit the Applicant to 

offer alternative matching funds as a 

substitute for the ineligible matching 

funds; provided, however, that (i) the 

Applicant must provide acceptable 

alternative matching funds 

documentation within two business 

days of the Fund’s request and (ii) the 

alternative matching funds 

documentation cannot increase the total 

amount of Financial Assistance 

requested by the Applicant. 

5. Special Rule for Insured Credit 

Unions: The Regulations allow an 

Insured Credit Union to use retained 

earnings to serve as matching funds for 

a FA grant in an amount equal to: (i) 

The increase in retained earnings that 

has occurred over the Applicant’s most 

recent fiscal year; (ii) the annual average 

of such increases that has occurred over 

the Applicant’s three most recent fiscal 

years; or (iii) the entire retained 

earnings that have been accumulated 

since the inception of the Applicant, as 

provided in the Regulations. For 

purposes of this NOFA, if option (iii) is 

used, the Applicant must increase its 

member and/or non-member shares or 

total loans outstanding by an amount 

that is equal to the amount of retained 

earnings that is committed as matching 

funds. This amount must be raised by 

the end of the Awardee’s second 

performance period, as set forth in its 

Assistance Agreement, and will be 

based on amounts reported in the 

Applicant’s Audited or Reviewed 

Financial Statements or NCUA Form 

5300 Call Report. The Fund will assess 

the likelihood of this increase during 

the application review process. An 

award will not be made to any 

Applicant that has not demonstrated 

that it has increased shares or loans by 

at least 25 percent of the requested FA 

award amount between December 31, 

2008, and December 31, 2009, as 

demonstrated by the corresponding 

NCUA report. 

IV. Application and Submission 

Information 

A. MyCDFIFund Accounts: All 

Applicants must register User and 

Organization accounts in myCDFIFund, 

the Fund’s Internet-based interface. An 

Applicant must be registered as both a 

User and an Organization in 

myCDFIFund as of the applicable 

application deadline in order to be 

considered to have submitted a 

complete application. As myCDFIFund 

is the Fund’s primary means of 

communication with Applicants and 

Awardees, organizations must make 

sure that they update the contact 

information in their myCDFIFund 

accounts before the applicable 

application deadline. For more 

information on myCDFIFund, please see 

the ‘‘Frequently Asked Questions’’ link 

posted at https://www.cdfifund.gov/ 

myCDFI/Help/Help.asp. 

B. Form of Application Submission: 

Applicants must submit applications 

under this NOFA electronically. 

Applications sent by mail, facsimile, or 

other form will not be permitted, except 

in circumstances that the Fund, in its 

sole discretion, deems acceptable. 

C. Applications Submitted via 

myCDFIFund: Applicants must submit 

applications under this NOFA 

electronically, through myCDFIFund, 

the Fund’s Internet-based interface. 

Please note that the Fund will not 

accept applications through Grants.gov. 

Applications sent by mail, facsimile, or 

other form will not be accepted except 

in circumstances approved by the Fund, 

in its sole discretion. The Fund will 

post to its Web site at http:// 

www.cdfifund.gov instructions for 

accessing and submitting the 

application as soon as they become 

available. 

D. Application Content Requirements: 

Detailed application content 

requirements, including the required 

elements of the Comprehensive 

Business Plan, are found in the 

application and guidance. Each 

Applicant must provide, as part of its 

application submission, a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number pursuant to 

OMB guidance (68 FR 38402). 

Applicants should allow sufficient time 

for the Internal Revenue Service (IRS) 

and/or Dun and Bradstreet to respond to 

inquiries and/or requests for 

identification numbers. In addition, 

each application must include a valid 

and current Employer Identification 

Number (EIN), with a letter or other 

documentation from the IRS confirming 

the Applicant’s EIN. An electronic 

application that does not include an EIN 

is incomplete and cannot be transmitted 

to the Fund. Once an application is 

submitted, the Applicant will not be 

allowed to change any element of the 

application. The preceding sentences do 

not limit the Fund’s ability to contact an 

Applicant for the purpose of obtaining 

clarifying or confirming application 

information (such as a DUNS number or 

EIN information). 

E. Under the Paperwork Reduction 

Act (44 U.S.C. chapter 35), an agency 

may not conduct or sponsor a collection 

of information, and an individual is not 

required to respond to a collection of 

information, unless it displays a valid 

OMB control number. Pursuant to the 

Paperwork Reduction Act, the 

application has been assigned the 

following control number: 1559–0025. 

F. Application Deadlines: 1. The 

following are the deadlines for 

submission of the NACA Program 

Funding Application, the CDFI 

Certification Application, and the 

Certification of Material Events form: 


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TABLE 3—FY 2010 NACA PROGRAM DEADLINES

[All 5 p.m. ET deadlines] 

Document Submission deadline Last date to contact Fund 

NACA Program Funding Application .............................. Wednesday, October 7, 2009 ........................................ Monday, October 5, 2009. 

CDFI Certification Application ........................................ Wednesday, September 16, 2009 ................................. Monday, September 14, 

2009. 

Certification of Material Events Form ............................. Wednesday, September 16, 2009 ................................. Monday, September 14, 

2009. 

All NACA Program funding 

applications must be electronic and 

submitted through myCDFIFund. No 

paper submittals or attachments will be 

accepted. Please see the CDFI 

Certification application for 

requirements specific to that 

application. 

2. Late Delivery: The Fund will 

neither accept a late application nor any 

portion of an application that is late; an 

application that is late, or for which any 

portion is late, will be rejected. The 

Fund will not grant exceptions or 

waivers. Any application that is deemed 

ineligible will not be returned to the 

Applicant. 

G. Intergovernmental Review: Not 

applicable. 

H. Funding Restrictions: For 

allowable uses of FA proceeds, please 

see the Regulations at 12 CFR 1805.301. 

V. Application Review Information 

A. Format: Funding applications must 

be single-spaced and use a 12-point font 

with 1-inch margins. Each section in the 

application that is scored has page 

limitations. Applicants are encouraged 

to read each section carefully and to 

remain within the page limitations for 

each section. The Fund will not 

consider responses beyond the specified 

page limitation in each section. Also, 

the Fund will read only information 

requested in the application and will 

not read attachments that have not been 

specifically requested in this NOFA or 

the application, such as the Applicant’s 

five-year strategic or marketing plans. 

B. Criteria: The Fund will evaluate 

each application on a 100-point scale 

using numeric scores with respect to the 

five sections required in the application. 

The Fund will score each section as 

indicated in the following table: 

TABLE 4—APPLICATION SCORING

CRITERIA

Application sections Scoring 

points 

Market Analysis .............................. 25 

Business Strategy ........................... 25 

Community Development Performance & Effective Use .................. 20 

Management ................................... 20 

TABLE 4—APPLICATION SCORING

CRITERIA—Continued 

Application sections Scoring 

points 

Financial Health & Viability ............. 10 

C. Technical Assistance Proposal: 

Any Applicant applying for a TA grant, 

either alone or in conjunction with a 

request for an FA award, must complete 

a Technical Assistance Proposal (TAP) 

as part of its application. The TAP 

consists of a summary of the 

organizational improvements needed to 

achieve the objectives of the 

Comprehensive Business Plan, a budget, 

and a description of the requested goods 

and/or services comprising the TA 

award request. The budget and 

accompanying narrative will be 

evaluated for the eligibility and 

appropriateness of the proposed uses of 

the TA grant (described above). In 

addition, if the Applicant identifies a 

capacity-building need related to any of 

the evaluation criteria above (for 

example, if the Applicant requires a 

market need analysis or a community 

development impact tracking/reporting 

system), the Fund will assess its plan to 

use the TA grant to address said needs. 

1. Non-Certified Applicants: An 

Applicant that is not a Certified Native 

CDFI and that requests TA to address 

certification requirements must explain 

how the requested TA grant will assist 

the Applicant in meeting the 

certification requirements. The Fund 

will assess the reasonableness of the 

plan to become certified (as specified 

above in Section III, Eligibility 

Information; A.3. Native CDFI 

Certification Requirements), taking into 

account the requested TA. For example, 

if the Applicant does not currently make 

loans and therefore does not meet the 

Financing Entity requirement, it might 

describe how the TA funds will be used 

to hire a consultant to develop 

underwriting policies and procedures to 

support the Applicant’s ability to start 

its lending activity. 

2. Recurring Activities: An Applicant 

that requests a TA grant for recurring 

activities must clearly describe the 

benefit that would accrue to its capacity 

or to its Target Market(s) (such as plans 

for expansion of staff, market, or 

products) as a result of the TA grant. If 

the Applicant is a prior Fund Awardee, 

it must describe how it has used the 

prior assistance and explain the need for 

additional Fund dollars over and above 

such prior assistance. 

D. Review and Selection Process: 1. 

Eligibility and Completeness Review: 

The Fund will review each application 

to determine whether it is complete and 

the Applicant meets the eligibility 

requirements set forth above. An 

incomplete application does not meet 

eligibility requirements and will be 

rejected. Any application that does not 

meet eligibility requirements will not be 

returned to the Applicant. 

2. Substantive Review: If an 

application is determined to be 

complete and the Applicant is 

determined to be eligible, the Fund will 

conduct the substantive review of the 

application in accordance with the 

criteria and procedures described in the 

Regulations, this NOFA, and the 

application and guidance. As part of the 

review process, the Fund may contact 

the Applicant by telephone, e-mail, 

mail, or through an on-site visit for the 

sole purpose of obtaining clarifying or 

confirming application information 

(such as statements of work, matching 

funds documentation, EINs, or DUNS 

numbers, for example). After submitting 

its application, the Applicant will not 

be permitted to revise or modify its 

application in any way nor attempt to 

negotiate the terms of an award. If 

contacted for clarifying or confirming 

information, the Applicant must 

respond within the time parameters set 

by the Fund. 

3. Application Scoring; Ranking: (a) 

Application Scoring: The Fund will 

evaluate each application on a 100-point 

scale, comprising the five criteria 

categories described above, and assign 

numeric scores. An Applicant must 

receive a minimum score in each 

evaluation criteria in order to be 

considered for an award. 

(b) Evaluating Prior Award 

Performance: In the case of an 

Applicant that has previously received 


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funding through any Fund program, the 

Fund will consider and will deduct 

points for: (i) The Applicant’s 

noncompliance with any active award 

or award that terminated in the current 

calendar year in meeting its 

performance goals and measures, 

reporting deadlines, and other 

requirements set forth in the assistance 

or award agreement(s) with the Fund 

during the Applicant’s two complete 

fiscal years prior to the application 

deadline of this NOFA; (ii) the 

Applicant’s failure to make timely loan 

payments to the Fund during the 

Applicant’s two complete fiscal years 

prior to the application deadline of this 

NOFA (if applicable); (iii) performance 

on any prior Assistance Agreement as 

part of the overall assessment of the 

Applicant’s ability to carry out its 

Comprehensive Business Plan; and (iv) 

funds deobligated from a FY 2007, 2008, 

or 2009 FA award (if the Applicant is 

applying for an FA award under this 

NOFA) if (A) the amount of deobligated 

funds is at least $200,000 and (B) the 

deobligation occurred within the 12 

months prior to the application deadline 

under this NOFA. Any award 

deobligations that result in a point 

deduction for an application submitted 

under this NOFA will not be counted 

against future applications for FA 

through the NACA Program. In the case 

of an Applicant that has previously 

received funding through any Fund 

program, the Fund will consider and 

may, in its discretion, deduct points for 

those Applicants that have in any 

proceeding instituted against the 

Applicant in, by, or before any court, 

governmental, or administrative body or 

agency received a final determination 

within the last three years indicating 

that the Applicant has discriminated on 

the basis of race, color, national origin, 

disability, age, marital status, receipt of 

income from public assistance, religion, 

or sex. 

(c) Ranking: The Fund then will rank 

the applications by their scores, from 

highest to lowest. 

4. Award Selection: The Fund will 

make its final award selections based on 

the rank order of Applicants by their 

scores and the amount of funds 

available. In the case of tied scores, 

Applicants will be ranked according to 

each Applicant’s combined scores in the 

Market Analysis, Business Strategy, and 

Community Development Performance 

& Effective Use sections; then the score 

on the Financial Health and Viability 

section; then the score on the 

Management section. In addition, the 

Fund shall consider the institutional 

and geographic diversity of Applicants 

when making its funding decisions. 

5. Insured Native CDFIs: In the case of 

Insured Depository Institutions and 

Insured Credit Unions, the Fund will 

take into consideration the views of the 

Appropriate Federal Banking Agencies. 

In the case of State-Insured Credit 

Unions, the Fund may consult with the 

appropriate state banking agencies (or 

comparable entity). The Fund will not 

approve an FA award to any Insured 

Credit Union (other than a State-Insured 

Credit Union) or Insured Depository 

Institution Applicant for which its 

Appropriate Federal Banking Agency 

indicates it has safety and soundness 

concerns, unless the Appropriate 

Federal Banking Agency asserts, in 

writing, that (i) improvement in status is 

imminent and such improvement is 

expected to occur within the next nine 

months or within such other time frame 

deemed acceptable by the Fund, or (ii) 

the safety and soundness condition of 

the Applicant is adequate to undertake 

the activities for which the Applicant 

has requested an FA award and the 

obligations of an Assistance Agreement 

related to such an FA award. 

6. Award Notification: Each Applicant 

will be informed of the Fund’s award 

decision either through a Notice of 

Award (NOA) if selected for an award 

(see NOA section, below) or written 

declination if not selected for an award. 

The Fund will notify Awardees by email using the addresses maintained in 

the Awardee’s myCDFIFund account. 

Each Applicant that is not selected for 

an award, for reasons other than 

completeness or eligibility issues, will 

be provided a written debriefing on the 

strengths and weaknesses of its 

Application. This feedback will be 

provided in a format and within a 

timeframe to be determined by the Fund 

based on its available resources. 

7. The Fund reserves the right to 

reject an application if information 

(including administrative errors) comes 

to the attention of the Fund that either 

adversely affects an Applicant’s 

eligibility for an award, adversely affects 

the Fund’s evaluation or scoring of an 

application, or indicates fraud or 

mismanagement on the part of an 

Applicant. If the Fund determines that 

any portion of the application is 

incorrect in any material respect, the 

Fund reserves the right, in its sole 

discretion, to reject the application. The 

Fund reserves the right to change its 

eligibility and evaluation criteria and 

procedures, if the Fund deems it 

appropriate; if said changes materially 

affect the Fund’s award decisions, the 

Fund will provide information 

regarding the changes through the 

Fund’s website. There is no right to 

appeal the Fund’s award decisions. The 

Fund’s award decisions are final. 

VI. Award Administration Information 

A. Notice of Award (NOA): The Fund 

will signify its conditional selection of 

an Applicant as an Awardee by 

delivering a signed NOA to the 

Applicant through its myCDFIFund 

account. 

The NOA will contain the general 

terms and conditions underlying the 

Fund’s provision of assistance 

including, but not limited to, the 

requirement that the Awardee and the 

Fund enter into an Assistance 

Agreement. The Applicant must execute 

the NOA and return it to the Fund. By 

executing a NOA, the Awardee agrees, 

among other things, that, if prior to 

entering into an Assistance Agreement 

with the Fund, information (including 

administrative error) comes to the 

attention of the Fund that either 

adversely affects the Awardee’s 

eligibility for an award, adversely affects 

the Fund’s evaluation of the Awardee’s 

application, or indicates fraud or 

mismanagement on the part of the 

Awardee, the Fund may, in its 

discretion and without advance notice 

to the Awardee, terminate the NOA or 

take such other actions as it deems 

appropriate. Moreover, by executing a 

NOA, the Awardee agrees that, if prior 

to entering into an Assistance 

Agreement with the Fund, the Fund 

determines that the Awardee or an 

Affiliate of the Awardee is in default of 

any Assistance Agreement previously 

entered into with the Fund, the Fund 

may, in its discretion and without 

advance notice to the Awardee, either 

terminate the NOA or take such other 

actions as it deems appropriate. The 

Fund reserves the right, in its sole 

discretion, to rescind its award if the 

Awardee fails to return the NOA, signed 

by the authorized representative of the 

Awardee, along with any other 

requested documentation, within the 

deadline set by the Fund. For purposes 

of this section, the Fund will consider 

an Affiliate to mean any entity that 

meets the definition of Affiliate in the 

Regulations. 

1. Failure to Meet Reporting 

Requirements: If an Awardee or an 

Affiliate of the Awardee is a prior 

Awardee or allocatee under any Fund 

program and is not current on the 

reporting requirements set forth in the 

previously executed assistance, 

allocation, or award agreement(s), as of 

the date of the NOA, the Fund reserves 

the right, in its sole discretion, to delay 

entering into an Assistance Agreement 

until said prior Awardee or allocatee is 

current on the reporting requirements in 


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any previously executed assistance, 

allocation, or award agreement(s). 

Please note that the Fund only 

acknowledges the receipt of reports that 

are complete. As such, incomplete 

reports or reports that are deficient of 

required elements will not be 

recognized as having been received. If 

said prior Awardee or allocatee is 

unable to meet this requirement within 

the timeframe set by the Fund, the Fund 

reserves the right, in its sole discretion, 

to terminate and rescind the NOA and 

the award made under this NOFA. 

2. Pending Resolution of 

Noncompliance: If an Applicant is a 

prior Awardee or allocatee under any 

Fund program and if: (i) It has 

submitted complete and timely reports 

to the Fund that demonstrate 

noncompliance with a previous 

assistance, award, or allocation 

agreement; and (ii) the Fund has yet to 

make a final determination as to 

whether the entity is in default of its 

previous assistance, award, or allocation 

agreement, the Fund reserves the right, 

in its sole discretion, to delay entering 

into an Assistance Agreement, pending 

full resolution, in the sole determination 

of the Fund, of the noncompliance. 

Further, if an Affiliate of the Awardee 

is a prior Fund Awardee or allocatee 

and if such entity (i) has submitted 

complete and timely reports to the Fund 

that demonstrate noncompliance with a 

previous assistance, award, or allocation 

agreement, and (ii) the Fund has yet to 

make a final determination as to 

whether the entity is in default of its 

previous assistance, award, or allocation 

agreement, the Fund reserves the right, 

in its sole discretion, to delay entering 

into an Assistance Agreement, pending 

full resolution, in the sole determination 

of the Fund, of the noncompliance. If 

the prior Awardee or allocatee in 

question is unable to satisfactorily 

resolve the issues of noncompliance, in 

the sole determination of the Fund, the 

Fund reserves the right, in its sole 

discretion, to terminate and rescind the 

NOA and the award made under this 

NOFA. 

3. Default Status: If, at any time prior 

to entering into an Assistance 

Agreement through this NOFA, the 

Fund has made a final determination 

that an Awardee that is a prior Awardee 

or allocatee under any Fund program is 

in default of a previously executed 

assistance, allocation, or award 

agreement(s), the Fund reserves the 

right, in its sole discretion, to delay 

entering into an Assistance Agreement, 

until said prior Awardee or allocatee 

has submitted a complete and timely 

report demonstrating full compliance 

with said agreement within a timeframe 

set by the Fund. Further, if at any time 

prior to entering into an Assistance 

Agreement through this NOFA, the 

Fund has made a final determination 

that an Affiliate of the Awardee is a 

prior Awardee or allocatee under any 

Fund program and is in default of a 

previously executed assistance, 

allocation, or award agreement(s), the 

Fund reserves the right, in its sole 

discretion, to delay entering into an 

Assistance Agreement, until said prior 

Awardee or allocatee has submitted a 

complete and timely report 

demonstrating full compliance with said 

agreement within a timeframe set by the 

Fund. If said prior Awardee or allocatee 

is unable to meet this requirement and 

the Fund has not specified in writing 

that the prior Awardee or allocatee is 

otherwise eligible to receive an Award 

under this NOFA, the Fund reserves the 

right, in its sole discretion, to terminate 

and rescind the NOA and the award 

made under this NOFA. 

4. Termination in Default: If (i) within 

the 12-month period prior to entering 

into an Assistance Agreement through 

this NOFA, the Fund has made a final 

determination that an Awardee is a 

prior Awardee or allocatee under any 

Fund program whose award or 

allocation was terminated in default of 

such prior agreement, and (ii) the final 

reporting period end date for the 

applicable terminated agreement falls 

within the 12-month period prior to the 

application deadline of this NOFA, the 

Fund reserves the right, in its sole 

discretion, to delay entering into or 

determine not to enter into an 

Assistance Agreement. Further, if (i) 

within the 12-month period prior to 

entering into an Assistance Agreement 

through this NOFA, the Fund has made 

a final determination that an Affiliate of 

the Awardee is a prior Awardee or 

allocatee under any Fund program 

whose award or allocation was 

terminated in default of such prior 

agreement, and (ii) the final reporting 

period end date for the applicable 

terminated agreement falls within the 

12-month period prior to the application 

deadline of this NOFA, the Fund 

reserves the right, in its sole discretion, 

to delay entering into or determine not 

to enter into an Assistance Agreement. 

5. Compliance with Federal AntiDiscrimination Laws: If the Awardee has 

previously received funding through 

any Fund program, and if at any time 

prior to entering into an Assistance 

Agreement through this NOFA, the 

Fund is made aware of a final 

determination, made within the last 

three years, in any proceeding instituted 

against the Awardee in, by, or before 

any court, governmental, or 

administrative body or agency, 

declaring that the Awardee has 

discriminated on the basis of race, color, 

national origin, disability, age, marital 

status, receipt of income from public 

assistance, religion, or sex, the Fund 

reserves the right, in its sole discretion, 

to terminate and rescind the Notice of 

Award and the award made under this 

NOFA. 

B. Assistance Agreement: Each 

Applicant that is selected to receive an 

award under this NOFA must enter into 

an Assistance Agreement with the Fund 

in order to receive disbursement of 

award proceeds. The Assistance 

Agreement will set forth certain 

required terms and conditions of the 

award, which will include, but not be 

limited to: (i) The amount of the award; 

(ii) the type of award; (iii) the approved 

uses of the award; (iv) the approved 

eligible market to which the funded 

activity must be targeted; (v) 

performance goals and measures; and 

(vi) reporting requirements for all 

Awardees. TA-only Sponsoring Entity, 

FA-only, and FA/TA Assistance 

Agreements under this NOFA generally 

will have three-year performance 

periods; TA-only Assistance 

Agreements generally will have twoyear performance periods. 

The Fund reserves the right, in its sole 

discretion, to terminate the Notice of 

Award and rescind an award if the 

Awardee fails to return the Assistance 

Agreement, signed by the authorized 

representative of the Awardee, and/or 

provide the Fund with any other 

requested documentation, within the 

deadlines set by the Fund. 

Each FA Awardee must provide the 

Fund with a certificate of good standing 

(or equivalent documentation) from its 

state (or jurisdiction) of incorporation. 

C. Reporting: 1. Reporting 

Requirements: The Fund will collect 

information, on at least an annual basis, 

from each Awardee including, but not 

limited to, an Annual Report that 

comprises the following components: (i) 

Financial Reports (including an OMB 

A–133 audit, as applicable; however 

Financial Reports are not required of 

Sponsoring Entities); (ii) Institution 

Level Report; (iii) Transaction Level 

Report (for Awardees receiving FA 

awards); (iv) Financial Status Report 

form SF–269/SF–425 (for Awardees 

receiving TA grants); (v) Uses of 

Financial Assistance (for Awardees 

receiving FA awards); (vi) Explanation 

of Noncompliance (as applicable); and 

(vii) such other information as the Fund 

may require. Each Awardee is 

responsible for the timely and complete 

submission of the Annual Report, even 

if all or a portion of the documents 


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42154 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 

actually is completed by another entity 

or signatory to the Assistance 

Agreement. If such other entities or 

signatories are required to provide 

Institution Level Reports, Transaction 

Level Reports, Financial Reports, or 

other documentation that the Fund may 

require, the Awardee is responsible for 

ensuring that the information is 

submitted timely and complete. The 

Fund reserves the right to contact such 

additional entities or signatories to the 

Assistance Agreement and require that 

additional information and 

documentation be provided. The Fund 

will use such information to monitor 

each Awardee’s compliance with the 

requirements set forth in the Assistance 

Agreement and to assess the impact of 

the NACA Program. The Institution 

Level Report and the Transaction Level 

Report must be submitted through the 

Fund’s web-based data collection 

system, the Community Investment 

Impact System (CIIS). The Financial 

Reports may be submitted through CIIS. 

All other components of the Annual 

Report may be submitted electronically, 

as directed, by the Fund. The Fund 

reserves the right, in its sole discretion, 

to modify these reporting requirements 

if it determines it to be appropriate and 

necessary; however, such reporting 

requirements will be modified only after 

notice to Awardees. 

2. Accounting: The Fund will require 

each Awardee that receives FA and TA 

awards through this NOFA to account 

for and track the use of said FA and TA 

awards. This means that for every dollar 

of FA and TA awards received from the 

Fund, the Awardee will be required to 

inform the Fund of its uses. This will 

require Awardees to establish separate 

administrative and accounting controls, 

subject to the applicable OMB Circulars. 

The Fund will provide guidance to 

Awardees outlining the format and 

content of the information to be 

provided on an annual basis, outlining 

and describing how the funds were 

used. Each Awardee that receives an 

award must provide the Fund with the 

required complete and accurate 

Automated Clearinghouse (ACH) form 

for its bank account prior to award 

closing and disbursement. 

VII. Agency Contacts 

A. The Fund will respond to 

questions and provide support 

concerning this NOFA and the funding 

application between the hours of 9 a.m. 

and 5 p.m. ET, starting the date of the 

publication of this NOFA through three 

days prior to the application deadline. 

The Fund will not respond to questions 

or provide support concerning the 

applications that are received after 5 

p.m. ET on said dates, until after the 

funding application deadline. 

Applications and other information 

regarding the Fund and its programs 

may be obtained from the Fund’s Web 

site at http://www.cdfifund.gov. The 

Fund will post responses on its Web site 

to questions of general applicability 

regarding the NACA Program. 

B. The Fund’s contact information is 

as follows: 

TABLE 5—CONTACT INFORMATION

[Fax number for all offices: 202–622–7754] 

Type of question Telephone number (not toll free) E-mail addresses 

NACA Program ............................................................................................. 202–622–6355 ................................... cdfihelp@cdfi.treas.gov. 

CDFI Certification ......................................................................................... 202–622–6355 ................................... cdfihelp@cdfi.treas.gov. 

Compliance Monitoring and Evaluation ........................................................ 202–622–6330 ................................... cme@cdfi.treas.gov. 

Information Technology Support .................................................................. 202–622–2455 ................................... IThelp@cdfi.treas.gov. 

C. Information Technology Support: 

People who have visual or mobility 

impairments that prevent them from 

creating a Target Market map using the 

Fund’s Web site should call (202) 622– 

2455 for assistance (this is not a toll free 

number). 

D. Communication with the CDFI 

Fund: The Fund will use the 

myCDFIFund Internet interface to 

communicate with Applicants and 

Awardees, using the contact information 

maintained in their respective 

myCDFIFund accounts. Therefore, the 

Applicant and any Subsidiaries, 

signatories, and Affiliates must maintain 

accurate contact information (including 

contact person and authorized 

representative, e-mail addresses, fax 

numbers, phone numbers, and office 

addresses) in its myCDFIFund 

account(s). For more information about 

myCDFIFund (which includes 

information about the Fund’s 

Community Investment Impact System), 

please see the Help documents posted at 

http://www.cdfifund.gov/ciis/ 

accessingciis.pdf. 

VIII. Information Sessions and 

Outreach 

The Fund may conduct webinars or 

host information sessions for 

organizations interested in applying to, 

or learning about, the Fund’s programs. 

For further information, please visit the 

Fund’s Web site at http:// 

www.cdfifund.gov. 

Authority: 12 U.S.C. 4703, 4704, 4706, 

4707, 4717; 12 CFR part 1805. 

Dated: August 13, 2009. 

Donna J. Gambrell, 

Director, Community Development Financial 

Institutions Fund. 

[FR Doc. E9–19955 Filed 8–19–09; 8:45 am] 

BILLING CODE 4810–70–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form XXXX 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

XXXX, Tax Return Preparer Complaint. 

DATES: Written comments should be 

received on or before October 19, 2009 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to R. Joseph Durbala, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Dawn Bidne, at 

(202) 622–3933, or at Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224, 


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