30502 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4574–N–01]

Fiscal Year 2000 Notice of Funding

Availability for the Indian Housing

Drug Elimination

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of Funding Availability

(NOFA).

SUMMARY: Purpose of the Program: To

provide grants to eliminate drugs and

drug-related crime in American Indian

and Alaskan Native communities.

Available Funds: Approximately

$22,000,000 in FY 1999 ($11 million)

and FY 2000 ($11 million) funds is

being made available for Indian Housing

Drug Elimination Program (IHDEP)

grants.

Eligible Applicants: Indian Tribes and

recipients of assistance under the Native

American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA

recipients).

Application Deadline: July 10, 2000.

Match: None.

ADDITIONAL INFORMATION: If you are

interested in applying for funding under

this program, please read the balance of

this NOFA which will provide you with

detailed information regarding the

submission of an application, program

requirements, the application selection

process to be used by HUD in selecting

applications for funding, and other

valuable information relative to an

application submission and

participation in the program covered by

this NOFA.

I. Application Due Date, Submission

Address, Application Kits, Further

Information, and Technical Assistance

Application Due Date: July 10, 2000.

HUD will not accept, at any time during

the NOFA competition, application

materials sent via facsimile (FAX)

transmission.

(A) Delivered Applications. The

application deadline for delivered

applications under this NOFA is on or

before 6 PM local time of the

application due date.

(B) Mailed Applications. Applications

will be considered timely filed if

postmarked before midnight on the

application due date and received by 6

PM local time within ten (10) days of

that date.

(C) Applications Sent By Overnight

Delivery. Overnight delivery items will

be considered timely filed if received

before or on the application due date by

6 PM local time, or upon submission of

documentary evidence that they were

placed in transit with the overnight

delivery service by no later than the

specified application due date.

Address For Submitting Applications.

Submit an original and two identical

copies of the application by the

application due date at the local Area

Office of Native American Programs

(AONAP) Attention: local HUD

Administrator, Area Office of Native

American Programs (AONAP). A list of

local offices is attached as Appendix A

to this NOFA.

For Application Kits. To receive a

copy of the Indian Housing Drug

Elimination Program application kit,

please call the Public and Indian

Housing Resource Center at 1–800–955–

2232. Persons with hearing or speech

impairments may call the Center’s TTY

number at 1–800–483–2209. When

requesting an application kit, please

refer to the Indian Housing Drug

Elimination Program (IHDEP). Please

provide your name, address, including

zip code, and telephone number

(including area code). The application

kit contains information on all exhibits,

forms, and certifications required for

IHDEP.

For Further Information and

Technical Assistance. Please call the

local AONAPs with jurisdiction over

your Tribe/tribally designated housing

entity (TDHE) or HUD’s Public and

Indian Housing Resource Center at 1–

800–955–2232 or Tracy C. Outlaw,

National Office of Native American

Programs (ONAP), Department of

Housing and Urban Development, 1999

Broadway, Suite 3390, Denver, CO

80202, telephone (303) 675–1600 (these

are not toll-free numbers). Hearing or

speech-impaired individuals may access

this number via TTY by calling the tollfree Federal Information Relay Service

at 1–800–877–8339. Also, please see

ONAP’s website at http://

www.codetalk.fed.us.html where you

will be able to download a copy of the

IHDEP NOFA and application kit from

the Internet.

II. Amount Allocated

Approximately $22 million is being

made available under this NOFA, of

which approximately $11 million is

from the FY 1999 HUD Appropriations

Act (Pub.L. 105–276, approved October

21, 1998) and approximately $11

million is from the FY 2000 HUD

Appropriations Act (Pub.L. 106–74,

approved October 20, 1999).

III. Program Description; Eligible

Applicants; Eligible/Ineligible Activities

(A) Program Description. Funds are

only available for Tribes and NAHASDA

recipients to develop and finance drug

and drug-related crime elimination

efforts in their developments. You may

use funds for enhancing security within

your developments, making physical

improvements to enhance security; and/

or developing and implementing

prevention, intervention and treatment

programs to stop drug use in Indian

housing communities.

(B) Eligible Applicants. Eligible

applicants are only Indian Tribes

(Tribes) and NAHASDA recipients.

‘‘NAHASDA recipient’’ means a

recipient of assistance under the Native

American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA),

and has the same meaning as recipient

provided in section 4 of the Native

American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C.

4101 et seq.). ‘‘NAHASDA recipient’’

includes both Tribes and TDHEs. (A

Tribe can apply either in its own name

or through its TDHE. A TDHE cannot

apply on behalf of a Tribe that is

applying on its own behalf.) Resident

Management Corporations (RMCs),

incorporated Resident Councils (RCs)

and Resident Organizations (ROs) are

eligible for funding as sub-grantees.

RMCs RCs, and ROs that were operating

pursuant to 24 CFR part 950 are eligible

for funding from Tribes or TDHEs as

subgrantees to develop security and

substance abuse prevention programs.

If you are a Tribe/TDHE that

submitted a Public and Indian Housing

Drug Elimination Program (PIHDEP)

application under the February 26, 1999

PIHDEP NOFA, you do not need to

submit another IHDEP application

under this NOFA. This application will

be considered complete unless you

receive notification from the AONAP in

your jurisdiction informing you of the

technical deficiencies that must be

corrected in order for your application

to be considered eligible for review.

However, because of the changes that

are Native American specific to this FY

1999—2000 IHDEP NOFA, we strongly

suggest that you update the application

that you submitted by the new IHDEP

deadline of July 10, 2000. Please be

advised that the new IHDEP NOFA

contains changes in the five rating

factors for evaluating applications for

award and in the grant award amounts.

If you need specific information or data

from the application that you submitted

in response to the February 26, 1999

NOFA, please contact the appropriate

AONAP in your jurisdiction to obtain

the information that you need.

If you are a Tribe/TDHE that

responded to the Notice Withdrawing

and Reissuing the FY 1999 PIHDEP

NOFA published on May 12, 1999 (64

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30503

FR 25746) that requested that applicants

submit documents based on submission

requirements in Section III, A. through

F. of that Notice, you will need to

submit the required information in the

FY 1999–2000 IHDEP application kit

which contains all of the required forms

and certifications for this IHDEP NOFA.

(C) Eligible/Ineligible Activities.

IHDEP grants may be used for seven

types of activities including: (1)

Physical improvements specifically

designed to enhance security; (2)

programs designed to reduce use of

drugs in and around Indian housing

developments including drug-abuse

prevention, intervention, referral, and

treatment; (3) funding for non-profit

resident management corporations,

Resident Councils (RCs), and Resident

Organizations (ROs) to develop security

and drug abuse prevention programs

involving site residents; (4) employment

of security personnel; (5) employment of

personnel to investigate and provide

evidence in administrative or judicial

proceedings; (6) reimbursement of local

law enforcement agencies for additional

security and protective services; and (7)

training, communications equipment,

and related equipment for use by

voluntary tenant patrols.

Following is a discussion by activity

type of what can and cannot be funded

and specific requirements or items that

need to be discussed in your application

if you are including that activity in your

application.

(1) Physical Improvements to Enhance

Security. (a) Physical improvements

specifically designed to enhance

security may include: installing barriers,

speed bumps, lighting systems, fences,

surveillance equipment (e.g., Closed

Circuit Television (CCTV), computers

and software, fax machines, cameras,

monitors, and supporting equipment),

bolts, locks, and landscaping or

reconfiguring common areas to

discourage drug-related crime.

(i) All physical improvements must be

accessible to persons with disabilities.

For example, locks or buzzer systems

that are not accessible to persons with

restricted or impaired strength,

mobility, or hearing may not be funded

by IHDEP. Defensible space

improvements must comply with civil

rights requirements and cannot exclude

or segregate people because of their

race, color, or national origin from

benefits, services, or other terms or

conditions of housing. All physical

improvements must meet the

accessibility requirements of 24 CFR

part 8 and the provisions found in

section 504 of the Rehabilitation Act of

1973 and other relevant federal, State

and local statutes that apply.

(ii) Funding is permitted for the

purchase or lease of house trailers of

any type that are not designated as a

building if they are used for eligible

community policing, educational

programs for youth and adults,

employment training facility, youth

activities, and drug abuse treatment

activities. A justification of purchase

versus lease must be supported by your

cost-benefit analysis.

(b) Ineligible Improvements. (i)

Physical improvements that involve

demolishing any units in a

development.

(ii) Physical improvements that would

displace persons are ineligible.

(iii) Acquiring real property.

(2) Programs to Reduce Drug Use

(Prevention, Intervention, Treatment,

Structured Aftercare and Support

Systems). (a) General Requirements and

Strategies. HUD is looking for you to

structure your substance abuse

prevention, intervention, treatment, and

aftercare program using a ‘‘continuum of

care’’ approach. A ‘‘continuum of care’’

approach includes not just treating the

addiction or dependency but also

providing aftercare, mentoring, and

support services such as day care,

family counseling, education, training,

employment development

opportunities, and other activities.

You must develop a substance abuse/

sobriety (remission)/treatment

(dependency) strategy to adequately

plan your substance abuse prevention,

intervention, treatment, and structured

aftercare efforts. In many cases, you may

want to include education, training, and

employment opportunities for residents.

When undertaking these activities, you

should be leveraging your IHDEP

resources with other Federal, State,

local and Tribal resources. For example,

your application may propose providing

space and other infrastructure for these

efforts with other tribal agencies

providing staff and other resources at

limited or no cost. Your application

should also discuss how your strategy

incorporates existing community

resources and how they will be used in

your program. The strategy should also

document how community resources

will be provided on-site, or how

participants will be referred and

transported to treatment programs that

are not on-site.

A community-based approach also

requires you to develop a culturally

appropriate strategy. Curricula,

activities, and staff should address the

cultural issues of the local community,

which requires your application to

indicate your familiarity and facility

with the language and cultural norms of

the community. As applicable, your

strategy should discuss cultural

competencies associated specifically

with your Native American or Alaskan

Native community.

Your activities should focus resources

directly to tribal residents and families.

For all activities involving education,

training and employment, you should

demonstrate efforts to coordinate with

Federal, Tribal, State and local

employment training and development

services, including ‘‘welfare to work’’

efforts.

The current Diagnostic and Statistical

Manual (DSM) of Mental Disorders of

the American Psychiatric Association

dated May 1994, contains information

on substance abuse, dependency and

structured aftercare. For more

information about this reference,

contact: APPI, 1400 K. Street, NW, Suite

1100, Washington, DC 20005 on 1(800)

368–5777 or World Wide Web site at

http:www.appi.org.

Eligible activities may include:

(i) Substance abuse prevention,

intervention, and referral programs;

(ii) Programs of local social, faithbased and/or other organizations that

provide treatment services (contractual

or otherwise) for dependency/remission;

and

(iii) Structured aftercare/support

system programs.

(b) Activities must be in the ‘‘Indian

area’’. IHDEP funding is permitted for

programs that reduce/eliminate drugrelated crime in the ‘‘Indian area’’ as

defined in 24 CFR 1000.10 of the

NAHASDA regulations as the area in

which an Indian tribe operates

affordable housing programs or the area

in which a TDHE is authorized by one

or more Indian tribes to operate

affordable housing programs.

(c) Eligible cost. (i) Funding is

permitted for reasonable, necessary, and

justified purchasing or leasing

(whichever is documented as the most

cost effective) of vehicles for

transporting adult and youth residents

for education, job training, and off-site

treatment programs directly related to

reducing drugs and drug-related crime.

The cost reasonableness can be

determined by a comparison of the

number of participants in and

anticipated costs of these programs

compared to the purchase or lease cost

of the vehicles. If these costs are

included in your application, you must

include a description of why the

expenses are necessary. Under no

circumstances are these vehicles to be

used for other than their intended

purpose under your grant.

(ii) Funding is permitted for

reasonable, necessary and justified

program costs, such as meals and

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beverages incurred only for training,

education and employment activities,

including provisions for daycare and

youth services directly related to

reducing drugs and drug-related crime.

Refer to Office of Management and

Budget (OMB) Circular A–87, Cost

Principles for State, Local and Indian

Tribal Governments.

(d) Prevention. Prevention programs

must demonstrate that they will provide

directly, or otherwise make available,

services designed to distribute

substance/drug education information,

to foster effective parenting skills, and

to provide referrals for treatment and

other available support services

including daycare in the housing

development or the community for

tribal residents and families.

Prevention programs should provide a

comprehensive prevention approach for

residents that address the individual

resident and his or her relationship to

family, peers, and the community. Your

prevention programs activities should

identify and change the causal factors

present in tribal communities that lead

to drug-related crime thereby lowering

the risk of drug usage. Many

components of a comprehensive

approach, including refusal and

restraint skills training programs or

drug, substance abuse/dependency and

family counseling, and daycare may

already be available in the tribal

community developments and should

be included to the maximum extent

possible in your proposed program of

activities.

The following eligible activities under

a prevention program are discussed in

more detail below: educational

opportunities; family and other support

services including daycare; youth

services; and economic and educational

opportunities for resident adult and

youth activities.

(i) Educational Opportunities. The

causes and effects of illegal drug/

substance abuse must be discussed in a

culturally appropriate and structured

setting. You may contract (in

accordance with 24 CFR 85.36) to

provide such knowledge and skills

through training programs. The

professionals contracted to provide

these services are required to base their

services on your needs assessment and

program plan. These educational

opportunities may be a part of resident

meetings, youth activities, or other

gatherings of tribal housing residents.

(ii) Family and Other Support

Services. ‘‘Supportive services’’ are

services that allow families to have

access to prevention, educational and

employment opportunities. Supportive

services may include: child care;

employment training; computer skills

training; remedial education; substance

abuse counseling; help in getting a high

school equivalency certificate; and other

services to reduce drug-related crime.

(iii) Youth Services. Proposed youth

prevention programs must demonstrate

that they have included groups

composed of young people ages 8

through 18. Your youth prevention

activities should be coordinated by

adults but have tribal youth actively

involved in organizing youth

leadership, sports, recreational, cultural

and other activities. Eligible youth

services may include: youth sports;

youth leadership skills training; cultural

and recreational activities/camps; youth

entrepreneurship; negotiation,

mediation/peacemaking; and crosscultural communication. These youth

services provide an alternative to drugs

and drug-related criminal activity for

Native American youth. Youth

leadership skills training may include

training in leadership, peer pressure

reversal, resistance or refusal skills, life

skills, goal planning, parenting skills,

youth entrepreneurship; negotiation,

mediation/peacemaking; and crosscultural communication and other

relevant topics. Youth leadership

training should be designed to place

youth in leadership roles including:

mentors to younger program

participants, assistant coaches,

managers, and team captains. Cultural

and recreational activities may include

ethnic heritage classes, art, dance,

drama and music appreciation.

The following are eligible youth

services expenses:

(1) Salaries and expenses for staff for

youth sports programs and cultural

activities and leadership training;

(2) Sports and recreation equipment

to be used by participants;

(3) Funding for non-profit subgrantees

that provide scheduled organized sports

competitions, cultural, educational,

recreational or other activities,

including but not limited to: United

National Indian Tribal Youth, Inc.

(UNITY); Wings of America, Native

American Sports Council, Boys and

Girls Clubs, YMCAs, YWCAs, the Inner

City Games, Association of Midnight

Basketball Leagues.

(4) Liability insurance costs for youth

sports activities.

(iv) Economic and Educational

Opportunities for Resident Adult and

Youth. Your proposed economic and

educational activities must provide

residents opportunities for interaction

with, or referral to, established higher

education, vocational institutions -and/

or private sector businesses in the

immediate surrounding communities

with the goal of developing or building

on the residents’ skills to pursue

educational, vocational and economic

goals and become self-sufficient.

You should discuss your economic

and educational opportunities for

residents and youth activities in the

context of ‘‘welfare to work’’ and related

Federal, Tribal, State and local

government efforts for employment

training, education and employment

opportunities related to the goals of

‘‘welfare to work.’’ Establishing or

referring adults and youths to computer

learning centers, employment service

centers (coordinated with Federal,

Tribal, State and local employment

offices), and micro-business centers are

eligible activities. Funding is permitted

for the purchase or lease of house

trailers if they are used for the activities

listed above and as specified in Section

C.(1)(ii) of this NOFA.

Limited educational scholarships are

permitted under this section. No one

individual award may exceed $500, and

there is a total maximum scholarship

program cap of $10,000. Educational

scholarship IHDEP funds must be

obligated and expended during the term

of your IHDEP grant which is (24)

twenty-four months. You must

demonstrate in your plan and timetable

the scholarship strategy; the financial

and management controls that will be

used; and projected outcomes.

(e) Intervention. The aim of

intervention is to identify or detect

residents with substance abuse issues,

assist them in modifying their behavior,

and in getting early treatment, and

structured aftercare.

(f) Substance Abuse/Dependency

Treatment. (1) Treatment funded under

this program should be ‘‘in and around’’

the premises of the housing authority/

development(s) you proposed for

funding. In undertaking substance

abuse/dependency treatment programs,

you must establish a confidentiality

policy regarding medical and disability

related information.

(i) Funds awarded for substance

abuse/dependency treatment must be

targeted towards developing and

implementing, or expanding and

improving sobriety maintenance,

substance-free maintenance support

groups, substance abuse counseling,

referral treatment services, and short or

long range structured aftercare for

residents.

(ii) Your proposed drug program must

address the following goals for

residents:

(1) Increasing accessibility of

treatment services;

(2) Decreasing drug-related crime ‘‘in

and around’’ your tribal development(s)

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30505

by reducing and/or eliminating drug

use; and

(3) Providing services designed for

youth and/or adult drug abusers and

recovering addicts (e.g., prenatal and

postpartum care, specialized family and

parental counseling, parenting classes,

domestic or youth violence counseling).

(iii) You must discuss in your overall

strategy the following factors:

(1) Formal referral arrangements to

other treatment programs in cases where

the resident is able to obtain treatment

costs from sources other than this

program.

(2) Family/youth counseling.

(3) Linkages to educational and

vocational training and employment

counseling.

(4) Coordination of services from and

to appropriate local substance abuse/

treatment agencies, HIV-related service

agencies, mental health and public

health programs.

(iv) As applicable, you must

demonstrate a working partnership with

the Single State Agency or local, Tribal

or State license provider or authority

with substance abuse program(s)

coordination responsibilities to

coordinate, develop and implement

your substance dependency treatment

proposal.

(v) You must demonstrate that

counselors (contractual or otherwise)

meet Federal, State, Tribal, and local

government licensing, bonding, training,

certification and continuing training recertification requirements.

(vi) You must get certification from

the Single State Agency or tribal agency

with substance abuse and dependency

programs coordination responsibilities

so that your proposed program is

consistent with the tribal plan; and that

the service(s) meets all Federal, State,

Tribal and local government medical

licensing, training, bonding, and

certification requirements.

(vii) Funding is permitted for drug

treatment of tribal residents at local inpatient medical treatment programs and

facilities. IHDEP funding for structured

in-patient drug treatment using IHDEP

funds is limited to 60 days, and

structured drug out-patient treatment,

which includes individual/family

aftercare, is limited to 6 months. If you

are undertaking drug treatment

programs, your proposal must

demonstrate how individuals that

complete drug treatment will be

provided employment training,

education and employment

opportunities.

(viii) Funding is permitted for

detoxification procedures designed to

reduce or eliminate the short-term

presence of toxic substances in the body

tissues of a patient.

(ix) Funding is not permitted for

maintenance drug programs.

Maintenance drugs are medications that

are prescribed regularly for a short/long

period of supportive therapy (e.g.

methadone maintenance), rather than

for immediate control of a disorder.

(3) Resident Management

Corporations (RMCs), Resident Councils

(RCs), and Resident Organizations (ROs)

Programs. RMCs, and incorporated RCs

and ROs, may be a subcontractor to their

Tribe/TDHE, to develop security and

substance abuse prevention programs

for residents. Such programs may

include voluntary tenant patrol

activities, substance abuse education,

intervention, and referral programs,

youth programs, and outreach efforts.

The elimination of drug-related crime

within the tribal community must have

the active involvement and commitment

of tribal residents and their

organizations.

To enhance the ability of Tribes/

TDHEs, to combat drug-related crime

within their developments, RCs, RMCs,

and ROs may undertake program

management functions. Sub-contracts

with the RMC/RC/RO must include the

amount of funding, applicable terms,

conditions, financial controls, payment

mechanism schedule, performance and

financial report requirements, special

conditions, including sanctions for

violating the agreement, and monitoring

requirements.

Costs must not be incurred until a

written contract is executed.

(4) Employment of Tribal Security

Personnel. You may employ tribal

security personnel. You are encouraged

to involve police officials residing in

tribal housing to partake in IHDEP

security-related programs. The

following specific requirements apply to

all employment of security personnel

activities funded under IHDEP:

(a) Compliance. Security guard

personnel tribal police departments

must meet and demonstrate compliance

with, all relevant Federal, State, Tribal

or local government insurance,

licensing, certification, training,

bonding, or other law enforcement

requirements.

(b) Law Enforcement Service

Agreement. You must enter into a law

enforcement service agreement with the

local law enforcement agency and if

applicable, the contract provider of

security. Your service agreement must

include:

(i) The activities security guard

personnel or the tribal police

department will perform; the scope of

authority; written policies, procedures,

and practices that will govern security

personnel or tribal police department

performance (i.e., a policy manual and

how security guard personnel or the

tribal police department shall

coordinate activities with your local law

enforcement agency);

(ii) The types of activities that your

approved security guard personnel or

the tribal police department are

expressly prohibited from undertaking.

(c) Policy Manual. Security guard

personnel services and tribal police

departments must be guided by a policy

manual that directs the activities of its

personnel and contains the policies,

procedures, and general orders that

regulate conduct and describes in detail

how jobs are to be performed. The

policy manual must exist before HUD

will execute your grant agreement. To

comply with State police department

standards and/or Commission on

Accreditation Law Enforcement

Agencies (CALEA), you must also

ensure all security guard personnel and

tribal police officers are trained in the

following areas. These areas must also

be covered in your policy manual:

(i) Use of force;

(ii) Resident contacts;

(iii) Enforcement of HA rules;

(iv) Training in sex discrimination

and sexual harassment;

(v) Training in civil rights;

(vi) Training in racial tolerance and

diversity;

(vii) Response criteria to calls;

(viii) Pursuits;

(ix) Arrest procedures;

(x) Reporting of crimes and workload;

(xi) Feedback procedures to victims;

(xii) Citizens’ complaint procedures;

(xiii) Internal affairs investigations;

(xiv) Towing of vehicles;

(xv) Authorized weapons and other

equipment;

(xvi) Radio procedures internally and

with local police;

(xvii) Training requirements;

(xviii) Patrol procedures;

(xix) Scheduling of meetings with

residents;

(xx) Reports to be completed;

(xxi) Record keeping and position

descriptions on all personnel;

(xxii) Post assignments;

(xxiii) Monitoring;

(xxiv) Self-evaluation program

requirements;and

(xxv) First aid training.

(d) Data Management. A daily activity

and incident complaint form approved

by the Tribe/TDHE must be used by

security personnel and officers for the

collection and analysis of criminal

incidents and responses to service calls.

Security guard personnel and tribal

police departments must establish and

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maintain a system of records

management for the daily activity and

incident complaint forms that

appropriately ensures the confidentially

of personal criminal information.

Management Information Systems (MIS)

(computers, software, and associated

equipment) are eligible costs that the

Tribe/TDHE may include in support of

collection and analysis activities.

(5) Security Personnel Services.

Contracting for, or direct tribal police

department employment of, security

personnel services in and around

housing development(s) is permitted

under this program. However, contracts

for security personnel services must be

awarded on a competitive basis.

(a) Eligible Services—Over and Above.

Security guard personnel funded by this

program must perform services that are

over and above those usually performed

by local municipal law enforcement

agencies on a routine basis. Eligible

services may include patrolling inside

buildings, providing personnel services

at building entrances to check for proper

identification, or patrolling and

checking car parking lots for appropriate

parking decals.

(b) Employment of Residents. HUD

encourages you to employ qualified

resident(s) as security guard personnel,

and/or to contract with security guard

personnel firms that demonstrate a

program to employ qualified residents

as security guard personnel.

(c) If you are an applicant seeking

funding for this activity, you must

describe the current level of local law

enforcement agency baseline services

being provided to the tribal

development(s) proposed for assistance.

Local law enforcement baseline services

are defined as ordinary and routine

services provided to the residents as

part of the overall city and/or countywide deployment of police resources to

respond to crime and other public safety

incidents including: 911

communications, processing calls for

service, routine patrol officer responses

to calls for service, and investigative

follow-up of criminal activity.

(d) If you are requesting funding for

tribal police department officers, you

must have car-to-car (or other vehicles)

and portable-to-portable radio

communications links between tribal

police officers and local law

enforcement officers to assure a

coordinated and safe response to crimes

or calls for services. The use of scanners

(radio monitors) is not sufficient to meet

the requirements of this section. If you

do not have such links you must submit

a plan and timetable for the

implementation of such

communications links.

(e) Community policing under IHDEP

is defined as a method of providing law

enforcement services partnership among

residents, police, schools, churches,

government services, the private sector,

and other local, State, Tribal, and

Federal law enforcement agencies to

prevent crime and improve the quality

of life by addressing the conditions and

problems that lead to crime and fear of

crime. Community policing uses

proactive measures including foot

patrols, bicycle patrols, and motor

scooter patrols. It also includes

activities where police officers operate

out of police mini-stations, and other

community-based facilities in tribal

communities providing human resource

activities with youth, and citizen

contacts. This concept empowers police

officers at the beat and zone level and

residents in neighborhoods to:

(i) Reduce crime and fear of crime;

(ii) Ensure the maintenance of order;

(iii) Provide referrals of residents,

victims, and homeless persons to social

services and government agencies;

(iv) Ensure feedback of police actions

to victims of crime; and

(v) Promote a law enforcement value

system based on the needs and rights of

residents.

(6) Reimbursement of Local Law

Enforcement Agencies for Additional

(Supplemental—Over and Above Local

Law Enforcement Baseline Services)

Security and Protective Services.

Additional security and protective

services are permitted if services are

over and above the local police

department’s current level of baseline

services. Tribes and TDHEs are required

to identify the level of local law

enforcement services received and the

increased level of services to be received

in their local Cooperation Agreement.

(7) Employment of Investigators.

Employment of, and equipment for, one

or more individuals to investigate drugrelated crime ‘‘in and around’’ the real

property comprising your

development(s) and providing evidence

relating to such crime in any

administrative or judicial proceedings is

permitted. Under this section,

reimbursable costs associated with the

investigation of drug-related crimes

(e.g., travel directly related to the

investigator’s activities, or costs

associated with the investigator’s

testimony at judicial or administrative

proceedings) may only be those directly

incurred by the investigator.

(a) If you are a tribe/TDHE that

employs investigators funded by this

program, you must demonstrate

compliance with all relevant Federal,

Tribal, State or local government

insurance, licensing, certification,

training, bonding, or other similar law

enforcement requirements.

(b) Both you and the provider of the

investigative services are required to

execute a written agreement that

describes the following:

(i) The activities that your

investigators will perform, their scope of

authority, reports to be completed,

established investigative policies,

procedures, and practices that will

govern their performance (i.e., a Policy

Manual) and how your investigators

will coordinate their activities with

local, State, Tribal, and Federal law

enforcement agencies; and prohibited

activities.

(ii) The activities the Tribal

investigators are expressly prohibited

from undertaking.

(c) Your investigator(s) may use

IHDEP funds to purchase or lease any

law enforcement clothing or equipment,

such as vehicles, uniforms, ammunition,

firearms/weapons, or vehicles;

including cars, vans, buses, protective

vests, and any other supportive

equipment.

(d) Your investigator(s) shall report on

drug-related crime in your

developments. You must establish,

implement and maintain a system of

records management that ensures

confidentiality of criminal records and

information. Tribal-approved activity

forms must be used for collection,

analysis and reporting of activities by

your investigators. You are encouraged

to develop and use Management

Information Systems (MIS) (computers,

software, hardware, and associated

equipment) and hire management

personnel for crime and workload

reporting in support of your crime

prevention and security activities.

(8) Voluntary Tenant Patrols.

Members of tenant patrols must be

volunteers and must be residents of the

tribal development(s). Volunteers must

have extensive background

investigations to ensure there are no

outstanding warrants or arrest records

for past crimes, especially crimes

against children. Voluntary tenant

patrols are expected to patrol in your

development(s) proposed for assistance,

and to report illegal activities to

appropriate local, State, Tribal, and

Federal law enforcement agencies, as

appropriate.

(a) Training equipment, including

uniforms for use by voluntary tenant

patrols acting in cooperation with

officials of local law enforcement

agencies is permitted. All costs must be

reasonable, necessary and justified.

Bicycles, motor scooters, all season

uniforms and associated equipment to

be used, exclusively, by the members of

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30507

your voluntary tenant patrol are eligible

items. Voluntary tenant patrol uniforms

and equipment must be identified with

your specific tribal development(s)

identification and markings.

(b) Tribes/TDHEs are required to

obtain liability insurance to protect

themselves and the members of the

voluntary tenant patrol against potential

liability for the activities of the patrol

under this program. The cost of this

insurance is eligible.

(c) If you are funding voluntary tenant

patrol activities, you, your local law

enforcement agency, and the tenant

patrol, before expending grant funds, are

required to execute a written agreement

that includes:

(i) The nature of the activities to be

performed by your voluntary tenant

patrol, the patrol’s scope of authority,

assignment, policies, procedures, and

practices that will govern the voluntary

tenant patrol’s performance and how the

patrol will coordinate its activities with

the law enforcement agency;

(ii) The activities the voluntary tenant

patrol is expressly prohibited from

undertaking and that the carrying or use

of firearms, weapons, nightsticks, clubs,

handcuffs, or mace is prohibited;

(iii) Required initial and on-going

voluntary tenant patrol training

members will receive from the local law

enforcement agency; (please note that

training by HUD-approved trainers and/

or the local law enforcement agency is

required before putting a voluntary

tenant patrol into effect); and

(iv) Voluntary tenant patrol members

will be subject to individual or

collective liability for any actions

undertaken outside the scope of their

authority (described in paragraph (ii)

above) and that such acts are not

covered under your housing authority

liability insurance.

(d) IHDEP grant funds must not be

used for any type of financial

compensation, such as full-time wages

or salaries for voluntary tenant and/or

patrol participants. Funding for tribe/

TDHE personnel or resident(s) to be

hired to coordinate this activity is

permitted. Excessive staffing is not

permitted.

(9) Evaluation of IHDEP Activities.

Funding is permitted to contractually

hire organizations and/or consultant(s)

to conduct an independent assessment

and evaluation of the effectiveness of

your IHDEP program.

(D) Ineligible Activities. IHDEP

funding is not permitted for any of the

activities listed below.

(1) Costs incurred before the effective

date of your grant agreement (Form

HUD–1044), including, but not limited

to, consultant fees related to the

development of your application or the

actual writing of your application.

(2) The purchase of controlled

substances for any purpose. Controlled

substance shall have the meaning

provided in section 102 of the

Controlled Substance Act (21 U.S.C.

802).

(3) Compensation of informants,

including confidential informants.

These should be part of the baseline

services provided and budgeted by local

law enforcement agencies.

(4) Direct purchase or lease of

clothing or equipment, vehicles

(including cars, vans, and buses),

uniforms, ammunition, firearms/

weapons, protective vests, and any other

supportive equipment for use in law

enforcement or military enforcement

except for eligible tribal police

department and investigator activities

listed in this NOFA.

(5) Construction of facility space in a

building or unit, and the costs of

retrofitting/modifying existing buildings

owned by the tribe/TDHE for purposes

other than: community policing ministation operations, adult/youth

education, employment training

facilities, and drug abuse treatment

activities.

(6) Organized fund raising,

advertising, financial campaigns,

endowment drives, solicitation of gifts

and bequests, rallies, marches,

community celebrations, stipends and

similar expenses.

(7) Court costs and attorneys fees

related to screening or evicting residents

for drug-related crime are not allowable.

(8) IHDEP grant funds cannot be

transferred to any Federal agency.

(9) Costs to establish councils,

resident associations, resident

organizations, and resident corporations

are not allowable.

(10) Indirect costs are not allowable.

(11) Supplant existing positions/

activities. For purposes of the IHDEP,

supplanting is defined as ‘‘taking the

place of or to supersede’’.

(12) Alcohol-exclusive activities and

programs are not eligible for funding

under this NOFA, although activities

and programs may address situations of

multiple abuse involving controlled

substances and alcohol.

IV. Program Requirements

The following requirements apply to

IHDEP funding:

(A) Grant Award Amounts. HUD is

distributing grant funds for IHDEP

under this NOFA on a national

competition basis. The maximum grant

award amounts are computed for IHDEP

on a sliding scale, using an overall

maximum cap, depending upon the

number of Tribe/TDHE units eligible for

funding. This figure (number of eligible

units for funding) will determine the

grant amount that the Tribe/TDHE is

eligible to receive if they meet the

IHDEP criteria and score a minimum of

70 out of 105 points.

(1) Amount per unit. (a) For tribes/

TDHEs with 1–1,250 units: The

maximum grant award cap is $600

multiplied by the number of eligible

units.

(b) For tribes/TDHEs with 1,251 or

more units: The maximum grant award

cap is $520 multiplied by the number of

eligible units; up to, but not to exceed,

a maximum grant award of $3 million

dollars.

(2) Units counted. (a) The unit count

includes rental, Turnkey III and Mutual

Help Homeownership units which have

not been conveyed to a homebuyer, and

Section 23 lease housing bond-financed

projects. Such units must be counted as

Formula Current Assisted Stock under

the Indian Housing Block Grant

Program.

(b) Eligible units are those units

which are under management and fully

developed.

(c) Use the number of units counted

as Formula Current Assisted Stock for

Fiscal Year 2000 as defined in 24 CFR

1000.316. Please verify your Formula

Current Assisted Stock figures with your

local AONAP for accuracy.

(d) Units that are developed or

assisted under NAHASDA are not

included in the unit count outlined

above, however, they are eligible to

receive assistance under the IHDEP.

(B) Complying with Civil Rights

Requirements. To protect and insure the

civil rights of occupants of HUDsponsored housing and residents around

that housing, your proposed strategies

should ensure that you do not undertake

crime-fighting and drug prevention

activities that violate civil rights and fair

housing statutes. You may not use race,

color, sex, religion, national origin,

disability or familial status to profile

persons as suspects or otherwise target

them in conducting these activities. You

are encouraged to involve as many

segments of your intended population

as possible in developing and

implementing your strategies.

(C) Confidentiality of Records

Requirements. You must establish a

confidentiality policy regarding medical

and disability-related information for

programs involving prevention,

intervention, or substance abuse/

dependency treatment and aftercare.

(D) Commingling of Funds. Tribes or

TDHEs must not commingle funds of

multiple HUD programs including:

Economic Development and Supportive

30508 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

Services (EDSS); Tenant Opportunity

Program (TOP); Indian Housing Block

Grant (IHBG); and Family Investment

Center (FIC). In Fiscal Year 2000,

funding for EDSS and TOP activities

was replaced by the new Resident

Opportunities and Self-Sufficiency

(ROSS) Program. The first ROSS notice

of funding availability was published as

part of HUD’s SuperNOFA, published

on February 24, 2000. (See 65 FR 9322

at 9697.)

(E) Term of Grant. Your grant funds

must be expended within 24 months

after HUD executes a Grant Agreement.

There will be no extensions of this grant

term and at the end of the grant term all

unspent funds will be returned to HUD.

(F) Reports and Close-out. (1) In

accordance with 24 CFR 761.35, if

funded, you are required to submit

semiannually a IHDEP Semi-Annual

Performance Report and the SemiAnnual Financial Status Report (SF–

269A) to the appropriate HUD AONAP.

These IHDEP Semi-Annual Performance

Reports shall cover the periods ending

June 30 and December 31, and must be

submitted to HUD by July 30 and

January 31 of each year.

(2) At grant completion, you must

comply with the close-out requirements

described in Public Housing Notice PIH

98–60(HA), entitled ‘‘Grant Close-out

Procedures,’’ and by the end of the grant

term, return unexpended grant funds to

the Department, according to applicable

requirements.

V. Application Selection Process

(A) Rating and Ranking. (1) General.

HUD will rate and rank applications

based on the 5 rating factors listed in

Section V. (B) of this NOFA, below.

HUD will select and fund the highest

ranking applications based on total

score, and continue the process until all

funds allocated to it have been awarded

or to the point where there are

insufficient acceptable applications to

award funds. The maximum number of

points for this program is 105.

(2) Tiebreakers. In the event of a tie,

HUD will select the highest ranking

application that can be fully funded. In

the event that two eligible applications

receive the same score, and both cannot

be funded because of insufficient funds,

the applicant with the highest score in

rating factor two will be funded. If

rating factor two is scored identically,

the scores in rating factors one and four

will be compared in that order, until

one of the applications receives a higher

score. If both applications still score the

same then the application which

requests the least funding will be

selected in order to promote the more

efficient use of resources.

(B) Factors For Award to Evaluate and

Rank Applications. Your application

must address the five (5) factors, and

subfactors listed below. The maximum

number of points for this program is

105. Your application must receive a

score of at least 70 points to be eligible

for funding.

Rating Factor 1: Capacity of the

Applicant and Relevant Organizational

Experience (20 Points)

This factor addresses the extent to

which you have the capacity, the proper

organizational experience and resources

to implement the proposed activities in

a timely and effective manner. The

rating of the ‘‘applicant’’ or the

‘‘applicant’s organization and staff’’ for

technical merit, unless otherwise

specified, includes any subcontractors,

consultants, subrecipients, and

members of consortia which are firmly

committed to your project. In rating this

factor, HUD will consider the following:

(1) (10 points) The knowledge and

experience of your staff and your

administrative capability to manage

grants of this size and type. This

includes your administrative support

and procurement entities, defined

organizational lines of authority, and

demonstrated fiscal management

capacity.

(2) (10 points) Past performance in

administering Drug Elimination grants

and/or other Federal, state or local

grants of similar size and complexity

during the last three (3) years.

You must identify your participation

in HUD grant programs within the last

three years and discuss the degree of

your success in implementing planned

activities, achieving program goals and

objectives, timely drawdown of funds,

timely submission of required reports

with satisfactory outcomes within

budget and schedule, audit compliance,

whether there are, and the extent of any,

unresolved findings and/or outstanding

recommendations from prior HUD

reviews or audits undertaken by HUD,

HUD-Office of Inspector General, the

General Accounting Office (GAO) or

independent public accountants (IPAs).

For tribes/TDHEs that had previously

applied as IHAs, HUD will consider the

results of: agency monitoring of records,

Line of Credit Control System Reports

(LOCCS) on the status of prior grants,

audits and other relevant information

available to HUD on your capacity to

undertake this grant.

Rating Factor 2: Need/Extent of the

Problem (30 Points)

This factor examines the extent to

which there is a need for funding the

proposed program activities to address a

documented problem in your proposed

target area (i.e., the degree of the

severity of the drug-related crime

problem in the project proposed for

funding). In responding to this factor,

you will be evaluated on: (1) The extent

to which a critical level of need for your

proposed activities is explained; and (2)

the urgency of meeting the need in the

target area. You must include in your

response a description of the extent and

nature of drug-related crime ‘‘in or

around’’ the housing units or

developments proposed for funding.

Applicants will be evaluated on the

following:

(1) (15 points) ‘‘Objective Crime Data’’

relevant to your target area. To the

extent that you can provide objective

drug-related crime data specific to the

community or targeted development

proposed for funding, you will be

awarded up to 15 points or up to a total

of 5 points if substantial information is

provided as to why Objective Crime

Data could not be obtained. Objective

crime data must include the most

current and specific Part I Crime data

and relevant Part II Crime data available

from the FBI’s Uniform Crime Reporting

Program (UCR) system or the local law

enforcement’s crime statistics. Part I

Crimes include: homicide; rape;

robbery; aggravated assault; burglary;

larceny; auto theft; and arson. Part II

drug-related crimes include: drug abuse

violations; simple assault; vandalism;

weapons violations; and other crimes

which you are proposing to be targeted

as part of your grant. In assessing this

subfactor, HUD will consider the extent

of specificity that the statistical data is

provided and the data’s specificity to

the targeted sites (e.g., data specific to

those targeted developments proposed

for funding by Part I crime type versus

tribe/TDHE-wide data by aggregated

Part I crimes).

The objective crime data provided in

your application will become a

‘‘baseline’’ against which the success of

your grant activities will be measured if

funded. If you did not provide objective

crime data, please provide information

as to why objective crime data could not

be obtained; the efforts being made to

obtain it; what efforts will be made

during the grant period to begin

obtaining the data; and an explanation

of how you plan to measure how grant

activities will result in reducing drugrelated crime in the targeted

developments and what will be used as

a baseline.

(2) (15 Points) Other Data Supporting

the extent of Drug and Drug-related

Crime. You must identify supporting

data indicating the extent of drugs and

drug-related crime problems in the

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30509

developments proposed for assistance

under your program. HUD will consider

the extent and quality of the data

provided. Examples of the data include:

(a) Surveys of residents and staff in

your targeted developments about drugs

and drug-related crime or on-site

reviews to determine drug/crime

activity;

(b) Government or scholarly studies or

other research in the past year that

analyze drug-related crime activity in

your targeted developments.

(c) Annual vandalism cost at your

targeted developments, to include

elevator vandalism (where appropriate)

and other vandalism attributable to

drug-related crime as a ratio to total

annual approved budget for the targeted

developments.

(d) Information from schools, health

service providers, residents and Federal,

State, local, and Tribal officials, and the

verifiable opinions and observations of

individuals having direct knowledge of

drug-related crime and the nature and

frequency of these problems in

developments proposed for assistance.

(These individuals may include Federal,

State, Tribal, and local government law

enforcement officials, resident or

community leaders, school officials,

community medical officials, substance

abuse, treatment (dependency/

remission) or counseling professionals,

or other social service providers).

(e) The school dropout rate and level

of absenteeism for youth that you can

relate to drug-related crime as a

percentage or ratio of the rate outside

the area.

(f) The number of lease terminations

or evictions for drug-related crime at the

targeted developments; and

(g) The number of emergency room

admissions for drug use or that result

from drug-related crime. Such

information may be obtained from

police departments and/or fire

departments, emergency medical service

agencies and hospitals.

(h) The number of police calls for

service from tribe/TDHE developments

that include resident initiated calls,

officer-initiated calls, domestic violence

calls, drug distribution complaints,

found drug paraphernalia, gang activity,

graffiti that reflects drugs or gang-related

activity, vandalism, drug arrests, and

abandoned vehicles.

Rating Factor 3: Soundness of

Approach—(Quality of the Plan) (35

Points)

This factor examines the quality and

effectiveness of your proposed work

plan. In rating this factor, HUD will

consider the impact of your activities on

the drug and drug-related crime

problems identified in Factor 2 and the

extent to which you identify attainable

goals, objectives, and performance

measures to ensure that; tangible

benefits can be attained by the

community and by your target

population.

Your application must include a

detailed narrative describing: each

proposed activity for your developments

proposed for assistance; the amount and

extent of resources committed to each

activity or service proposed; measurable

goals and objectives for all major

program activities that focus on

outcome and results; and the process

used to collect the data needed to report

progress made against these goals.

In evaluating this factor, HUD will

consider the following:

(1) The strength of your plan to

address the drug-related crime problem,

and the problems associated with drugrelated crime in your developments

proposed for funding, the resources

allocated, and how well the proposed

activities fit with the plan, including:

(a) The extent to which you have

stated:

(i) Performance goals that will

measure program outcomes;

(ii) The actual baseline data which

will establish a starting point against

which program outcomes will be

measured and stated expected results

for all major grant activities proposed in

your application; What performance

measurement system exists for

providing information to HUD semiannually on progress made in achieving

the established outcome goals.

(b) The extent to which you have

designed your major activities to meet

stated, measurable goals and objectives

for drug and drug-related crime

reduction. Outcomes include

accomplishments, results, impact, and

the ultimate effects of your program on

the drug or crime problem in your

target/project area. The goals must be

objective, quantifiable, and/or

qualitative and they must be stated in

such a way that at the end of the 24

month grant, one can determine if the

activities were effective.

(c) The extent to which you define

specific crime reduction goals that are

measurable. For example, ‘‘eliminating

or reducing crime and drug-related

crime’’ is not a specific nor measurable

goal, whereas a goal of, ‘‘reducing Part

1 reported homicides or Part II drug

abuse, etc. by 5% in development X by

the end of the 24 month grant period

based on measurements against the

baseline year crime selection rate in the

targeted development X as stated in the

application,’’ is specific and

measurable.

(d) The rationale for your proposed

activities and methods used including

evidence that proposed activities have

been effective in similar circumstances

in controlling drug-related crime.

(e) Provide evidence of existing youth

programs and activities that reduce

substance abuse among youth, aftercare

services for youth involved in the

juvenile justice system, social services

for children with emotional and

behavioral problems, programs to

reduce delinquency and gang

participation, improve academic

performance and reduce the dropout

rate through the use of mentors, drug

and alcohol education, conflict

resolution and counseling.

Rating Factor 4: Leveraging Resources—

(Support of Residents, the Local

Government and the Community in

Planning and Implementing the

Proposed Activities) (10 Points)

This factor addresses your ability to

secure community and government

resources that can be combined with

HUD’s program resources to achieve

program purposes.

(1) In assessing this factor, HUD will

consider the following:

(a) Written evidence of firm

commitment of funding, staff, or in-kind

resources, partnership agreements, and

on-going or planned cooperative efforts

with law enforcement agencies, local,

State, Tribal or national entities who

have committed services through a

memoranda of understanding (MOU), or

memorandum of agreements (MOA) to

participate. Such commitments must be

signed by an official of the organization

legally able to make commitments for

the organization.

(b) This evidence of commitment

must include organization name,

resources, and responsibilities of each

participant to increase the effectiveness

of the proposed program activities. The

signed, written agreement may be

contingent upon an applicant receiving

a grant award. This also includes

interagency activities already

undertaken, participation in local, state,

Tribal or Federal anti-drug related crime

efforts such as: education, training and

employment provision components of

Welfare Reform efforts which may

include descriptions of Tribal TANF

plans and participation in Native

Employment Works (NEW) program, or

any of the following programs

administered by the Department of

Justice such as Operation Weed and

Seed, Community Oriented Policing

Services Tribal Resources Grant

Program (COPS), Indian Tribal Courts,

Drug-Free Communities Support

Program, Tribal Youth Program, Safe

30510 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

Start Initiative, STOP Violence Against

Indian Women Discretionary Grants and

Mental Health and Juvenile Justice

Program. Successful coordination of

your law enforcement, or other activities

with local, state, Tribal or Federal law

enforcement agencies to foster

meaningful collaborations and

strengthen community anti-drug

coalition efforts to reduce substance

abuse among youth and adults and

actions implemented to eradicate

violent crime.

(2) In evaluating this factor, HUD will

also consider the extent to which these

initiatives are used to leverage resources

for your tribe/TDHE community, and

are part of the comprehensive plan and

performance measures outlines in

Rating Factor 3, Soundness of

Approach—Quality of the Plan.

(a) Your application must describe

what role residents in your targeted

developments, applicable community

leaders and organizations, and law

enforcement agencies have had in

planning the activities described in your

application, what role they will have in

implementing such activities for the

duration of your grant and how services

may be sustained beyond the grant term.

(b) Your application must include a

discussion and written evidence (i.e.,

comments from residents, minutes from

community meetings) of the extent to

which community representatives and

Tribal, local, state and Federal

Government officials, including law

enforcement agency officials were

actively involved in the design and

implementation of your plan and will

continue to be involved in

implementing such activities during and

after the period of your IHDEP funding.

(c) Your application must

demonstrate the extent to which the

relevant governmental jurisdiction has

met its local law enforcement

obligations under the Cooperation

Agreement with your organization (as

required by the Annual Contributions

Contract with HUD). You must describe

the current level of baseline local law

enforcement services being provided to

your housing authority/developments

proposed for assistance.

Rating Factor 5: Comprehensiveness

and Coordination (10 Points)

This factor addresses the extent to

which you have coordinated your

activities with other known

organizations, and is working towards

addressing a need in a holistic and

comprehensive manner through

linkages with other activities in your

community. In evaluating this factor,

HUD will consider the extent to which

you can demonstrate you have:

(1) Coordinated your proposed

activities with those of other groups or

organizations prior to submission in

order to best complement, support and

address the needs of your community as

identified in Rating Factor 2: Need/

Extent of the Problem. Any written

agreements, MOUs/MOAs in place, or

that will be in place after award should

be described and/or included.

(2) Taken specific steps to become

active in your community’s Indian

Housing Block Grant process by

providing evidence that you have

addressed crime prevention and safety

issues, and that your proposed activities

reflect the priorities, needs, goals or

objectives of crime prevention and

safety in the Indian Housing Plan (IHP).

(3) Taken specific steps to develop

linkages to coordinate comprehensive

solutions through meetings, information

networks, planning processes or other

mechanisms with:

(a) Other HUD-funded projects/

activities outside the scope of those

covered by the IHP; and

(b) Other Federal, State, or locally

funded activities, including those

proposed, or on-going that will sustain

a comprehensive system to address the

needs of your community.

VI. Application Submission

Requirements

(A) You must submit the required

IHDEP FY 1999–2000 Application Kit

that contains all of the requisite forms

in order to be considered for IHDEP

funding. Your application submitted to

HUD must also include items required

under Section V. Application Selection

Process, of this NOFA, including the

plan to address the problem of drugrelated crime in the developments

proposed for funding.

(B) You must submit no more than

one application per Tribe or TDHE on

behalf of the Tribe for the IHDEP. In

addition, joint applications that include

more than one TDHE representing the

Tribe are permitted only in those cases

where they have a single administration

(such as a TDHE managing several tribes

under contract or TDHEs sharing a

common executive director). In those

cases, a separate budget, plan and

timetable, and unit count shall be

supplied in the application. In addition,

you must respond to the factors for

award for each tribe/TDHE for which

you are acting as administrator and

requesting funds, if your responses

would be different (e.g., the tribes are in

different jurisdictions and, therefore, the

Indian Housing Plans, crime data, etc.

would all be different). The application

kit includes the forms, certifications and

assurances required under this NOFA.

(C) Each IHDEP application must

include the following items:

(1) An application cover letter.

(2) A summary of the proposed

program activities in five (5) sentences

or less.

(3) A description of the subgrantees,

if applicable. The description must

include the names of the subgrantees, as

well as the relative roles and

contributions of each subgrantee in

implementing the IHDEP grant

activities.

(4) An overall budget and timetable

that includes separate budgets, goals,

and timetables for each activity, and

addresses milestones towards achieving

each described goal. You must also

describe the contributions and

implementation responsibilities of each

partner for each activity, goal, and

milestone.

(5) A description of the number of

staff, the titles, professional

qualifications, and respective roles of

the staff assigned full or part-time to

grant implementation.

(6) Lines of accountability (including

an organization chart) for implementing

the grant activity, coordinating the

partnership, and assuring that the

commitment made by you and your

subgrantees, if any, will be met.

(7) A narrative of the plan that will

address the problem of drug-related

crime in the developments proposed for

funding.

(8) Responses to each of the five

Rating Factors in this NOFA: (1)

Capacity of the Applicant and relevant

organizational Experience, (2) Need/

Extent of the Problem, (3) Soundness of

Approach, (4) Leveraging Resources and

(5) Comprehensiveness and

Coordination.

(9) The following forms which are

included in the FY 1999—2000 IHDEP

Application Kit: Standard Form-424,

Application for Federal Assistance,

Congressional Notification, Standard

Form-424A, Budget Information (nonconstruction programs), with activity

budget narrative/and supporting

documentation, as applicable,

attachment, Executive Summary and

Implementation Schedule, Standard

Form-424B, Assurances, (nonconstruction programs), Standard Form2880, Applicant/Recipient Disclosure/

Update Report, Application Cover

Letter, Budget Narrative, Form HUD–

50070 Drug-Free Workplace

Certification, Form HUD–50071

Lobbying Certification, SF–LLL

Disclosure of Lobbying Activities

Certification, Standard Form,

Certification of Debarment and

Suspension, Certification of Consistency

with the Indian Housing Plan,

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30511

Certification of Resident Management

Corporations, Resident Councils,

Resident Organizations and Residents,

and Acknowledgment of Application

Receipt.

VII. Corrections to Deficient

Applications

After the application due date, HUD

may not, consistent with its regulations

in 24 CFR part 4, subpart B, consider

any unsolicited information you, the

applicant, may want to provide. HUD

may contact you, however, to clarify an

item in your application or to correct

technical deficiencies. You should note,

however, that HUD may not seek

clarification of items or responses that

improve the substantive quality of your

response to any selection factors. In

order not to unreasonably exclude

applications from being rated and

ranked, HUD may, however, contact

applicants to ensure proper completion

of the application and will do so on a

uniform basis for all applicants.

Examples of curable (correctable)

technical deficiencies include your

failure to submit the proper

certifications or your failure to submit

an application that contains an original

signature by an authorized official. In

each case, HUD will notify you in

writing by describing the clarification or

technical deficiency. HUD will notify

applicants by facsimile or by return

receipt requested. You must submit

clarifications or corrections of technical

deficiencies in accordance with the

information provided by HUD within 14

calendar days of the date of receipt of

the HUD notification. If your deficiency

is not corrected within this time period,

HUD will reject your application as

incomplete, and it will not be

considered for funding.

VIII. Findings and Certifications

(A) Environmental Impact. A Finding

of No Significant Impact with respect to

the environment has been made in

accordance with HUD regulations at 24

CFR part 50, implementing section

102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332). The

Finding of No Significant Impact is

available for public inspection during

business hours in the Office of the Rules

Docket Clerk, Room 10276, Department

of Housing and Urban Development,

451 Seventh Street, SW, Washington,

DC 20410.

(B) Paperwork Reduction Act

Statement. The information collection

requirements contained in this Notice

have been approved by the Office of

Management and Budget under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520), and assigned OMB

control number 2577–0124. An agency

may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless the

collection displays a valid control

number.

(C) Prohibition Against Lobbying

Activities. You the applicant may be

subject to the provisions of section 319

of the Department of Interior and

Related Agencies Appropriation Act for

Fiscal Year 1991, 31 U.S.C. 1352 (the

Byrd Amendment) prohibits recipients

of Federal contracts, grants, or loans

from using appropriated funds for

lobbying the executive or legislative

branches of the Federal Government in

connection with a specific contract,

grant, or loan. If you are subject, you are

required to certify, using the

certification found at Appendix A to 24

CFR part 87, that you will not, and have

not, used appropriated funds for any

prohibited lobbying activities. In

addition, you must disclose, using

Standard Form–LLL, ‘‘Disclosure of

Lobbying Activities,’’ any funds, other

than Federally appropriated funds, that

will be or have been used to influence

Federal employees, members of

Congress, and congressional staff

regarding specific grants or contracts.

Tribes and TDHEs established by an

Indian tribe as a result of the exercise of

the tribe’s sovereign power are excluded

from coverage of the Byrd Amendment,

but tribes and TDHEs established under

State law are not excluded from the

statute’s coverage.

(D) Section 102 of the HUD Reform

Act; Documentation and Public Access

Requirements. Section 102 of the

Department of Housing and Urban

Development Reform Act of 1989 (42

U.S.C. 3545) (HUD Reform Act) and the

regulations codified in 24 CFR part 4,

subpart A, contain a number of

provisions that are designed to ensure

greater accountability and integrity in

the provision of certain types of

assistance administered by HUD. On

January 14, 1992 (57 FR 1942), HUD

published a notice that also provides

information on the implementation of

section 102. The documentation, public

access, and disclosure requirements of

section 102 apply to assistance awarded

under this NOFA as follows:

(1) Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this NOFA are sufficient to

indicate the basis upon which

assistance was provided or denied. This

material, including any letters of

support, will be made available for

public inspection for a 5-year period

beginning not less than 30 days after the

award of the assistance. Material will be

made available in accordance with the

Freedom of Information Act (5 U.S.C.

552) and HUD’s implementing

regulations in 24 CFR part 15.

(2) Disclosures. HUD will make

available to the public for 5 years all

applicant disclosure reports (Form

HUD–2880) submitted in connection

with this NOFA. Update reports (also

Form HUD–2880) will be made

available along with the applicant

disclosure reports, but in no case for a

period less than 3 years. All reports—

both applicant disclosures and

updates—will be made available in

accordance with the Freedom of

Information Act (5 U.S.C. 552) and

HUD’s implementing regulations at 24

CFR part 5.

(3) Publication of Recipients of HUD

Funding. HUD’s regulations at 24 CFR

4.7 provide that HUD will publish a

notice in the Federal Register on at least

a quarterly basis to notify the public of

all decisions made by the Department to

provide:

(i) Assistance subject to section 102(a)

of the HUD Reform Act; or

(ii) Assistance that is provided

through grants or cooperative

agreements on a discretionary (nonformula, non-demand) basis, but that is

not provided on the basis of a

competition.

(E) Section 103 HUD Reform Act.

HUD’s regulations implementing section

103 of the Department of Housing and

Urban Development Reform Act of 1989

(42 U.S.C. 3537a), codified in 24 CFR

part 4, apply to this funding

competition. The regulations continue

to apply until the announcement of the

selection of successful applicants. HUD

employees involved in the review of

applications and in the making of

funding decisions are limited by the

regulations from providing advance

information to any person (other than an

authorized employee of HUD)

concerning funding decisions, or from

otherwise giving any applicant an unfair

competitive advantage. Persons who

apply for assistance in this competition

should confine their inquiries to the

subject areas permitted under 24 CFR

part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Ethics Law Division at (202)

708–3815. (This is not a toll-free

number.) For HUD employees who have

specific program questions, the

employee should contact the

appropriate field office counsel, or

Headquarters counsel for the program to

which the question pertains.

(F) Catalog of Federal Domestic

Assistance Number. The Catalog of

30512 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

Federal Domestic Assistance number for

the Public and Indian Housing Drug

Elimination Program is 14.854.

IX. Environmental Requirements

Certain eligible activities under this

IHDEP NOFA are categorically excluded

from review under the National

Environmental Policy Act of 1969 (42

U.S.C. 4321) and are not subject to

review under related laws, in

accordance with 24 CFR 50.19(b)(4),

(b)(12), or (b)(13). If the IHDEP

application proposes the use of grant

funds to assist any non-exempt

activities, HUD will perform an

environmental review to the extent

required by 24 CFR part 50, prior to

grant award.

X. Authority

Chapter 2, Subtitle C, Title V of the

Anti-Drug Abuse Act of 1988 (42 U.S.C.

11901 et seq.), as amended.

Dated: May 8, 2000.

Harold Lucas,

Assistant Secretary for Public and Indian

Housing.

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[FR Doc. 00–11882 Filed 5–10–00; 8:45 am]

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