[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Notices]
[Pages 30502-30513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11882]



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Part IV





Department of Housing and Urban Development





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Fiscal Year 2000 Notice of Funding Availability for the Indian Housing 
Drug Elimination; Notices

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

[[Page 30502]]


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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).

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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 Self-Determination 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 toll-free 
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 Self-Determination Act of 1996 (NAHASDA), and has the same meaning 
as recipient provided in section 4 of the Native American Housing 
Assistance and Self-Determination 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

[[Page 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, faith-based 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 drug-related 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

[[Page 30504]]

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 cross-
cultural 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 cross-cultural 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)

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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 re-certification 
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 in-patient 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

[[Page 30506]]

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 county-wide 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 drug-related 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

[[Page 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 mini-station 
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 HUD-sponsored 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

[[Page 30508]]

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 Semi-Annual 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 drug-related 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

[[Page 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 drug-related 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 semi-annually 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

[[Page 30510]]

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 drug-related 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 (non-construction programs), with activity budget 
narrative/and supporting documentation, as applicable, attachment, 
Executive Summary and Implementation Schedule, Standard Form-424B, 
Assurances, (non-construction programs), Standard Form-2880, 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,

[[Page 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 (non-formula, 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

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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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