63746 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4593–N–01]

Funding for Fiscal Year 2000: Capacity

Building for Community Development

and Affordable Housing

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Notice of funding for fiscal year

2000.

SUMMARY: The fiscal year 2000 HUD

Appropriations Act provided

$26,250,000 in Fiscal Year 2000 funds

for activities authorized in section 4 of

the HUD Demonstration Act of 1993.

Twenty million of these funds are

appropriated to the Enterprise

Foundation (Enterprise) and the Local

Initiatives Support Corporation (LISC)

for activities as authorized by section 4,

as in effect immediately before June 12,

1997. The funds are to be used for

capacity building for community

development and affordable housing—

provided that at least $4,000,000 of the

funding is used in rural areas, including

tribal areas.

Section 4 authorizes the Secretary to

establish by notice such requirements as

may be necessary to carry out its

provisions. This notice, which takes

effect upon issuance, indicates that

HUD will equally divide $20 million

appropriated for this capacity building

initiative between Enterprise and LISC.

In addition, $3,750,000 is appropriated

to Habitat for Humanity and $2,500,000

to Youthbuild USA for section 4

activities. Each organization will match

the HUD assistance provided with

resources from private sources in an

amount equal to three times its share, as

required by section 4. Enterprise and

LISC will each use at least $2 million of

their $10 million share for activities in

rural areas, including tribal areas.

This notice also provides details

regarding administrative and other

requirements which shall apply to this

program.

FOR FURTHER INFORMATION CONTACT:

Penny McCormack, Office of

Community Planning and Development,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Room 7216, Washington DC 20410.

Telephone Number (202) 708–3176 Ext.

4391. Persons with hearing or speech

impediments may access this number

via TTY by calling the Federal

Information Relay Service at 1–800–

877–8339, or they may call: (202) 708–

2565. Except for the ‘‘800’’ number,

these are not toll-free telephone

numbers.

SUPPLEMENTARY INFORMATION:

1. Authority

The Departments of Veterans Affairs

and Housing and Urban Development,

Independent Agencies Appropriations

Act (Pub.L. 106–74, 113 Stat. 1047,

October 20, 1999) (VA/HUD FY 2000

Appropriations Act) makes $26,250,000

available from the community

development grants program for

capacity building for community

development and affordable housing as

authorized by section 4 of the HUD

Demonstration Act of 1993 (Pub.L. 103–

120, 107 Stat. 1148, October 27, 1993)

(41 U.S.C. 9816 note.) HUD will provide

this assistance through Enterprise, LISC,

Habitat for Humanity and Youthbuild

USA ‘‘to develop the capacity and

ability of community development

corporations and community housing

development organizations to undertake

community development and affordable

housing projects and programs.’’

2. Background

In Fiscal Year 1994, HUD provided

$20 million to Enterprise and LISC

through The National Community

Development Initiative (NCDI) as

authorized by section 4 of the HUD

Demonstration Act of 1993. In FY 1996,

$10 million for NCDI was authorized by

section 12(b)(3) of the Housing

Opportunity Program Extension Act of

1996 (Pub.L. 104–120, 110 Stat. 845,

March 28, 1996). In accordance with

these statutes, HUD divided both

appropriations equally between

Enterprise and LISC. HUD published a

notice on March 30, 1994, at 59 FR

14988, which sets forth the

requirements for these funds.

In FY 1997, $30.2 million was

authorized by the FY 1997 Emergency

Supplemental Appropriations Act (Pub.

L. 105–18, 111 Stat. 198 and 201, June

12, 1997). HUD published a notice on

January 30, 1998, 63 FR 5220, which

contained requirements for these funds

which were made available to

Enterprise, LISC, Habitat for Humanity

and Youthbuild USA. On May 29, 1998

at 63 FR 29418, HUD published a

revision to the January 30, 1998 notice.

Under these notices, Enterprise and

LISC were allocated funding to be used

either for new activities or to continue

NCDI activities which received funding

under the notice dated March 30, 1994

and grant agreements pursuant to it.

Funding used to continue NCDI

activities was governed by the

requirements of the Federal Register

funding notice dated March 30, 1994.

The FY 1998 VA/HUD Appropriations

Act (Pub. L. 105–65, 111 Stat. 1334,

October 27, 1997) and the FY 1999 VA/

HUD Appropriations Act (Pub. L. 105–

276, 112 Stat. 246, October 21, 1998)

each provided $15 million for activities

authorized by section 4. On September

11, 1998 at (63 FR 48984) and November

8, 1999 (64 FR 60824), HUD published

notices which contained requirements

for these funds which were made

available to LISC and Enterprise.

Today’s notice contains requirements

for the newly appropriated $26,250,000.

These funds may be used for new

activities or, in the case of Enterprise

and LISC, to continue NCDI activities

that received funding under the notice

dated March 30, 1994 and grant

agreements pursuant to it. Funding used

to continue NCDI activities is governed

by the requirements of the March 30,

1994, Federal Register funding notice.

3. Allocation and Form of Awards

The VA/HUD FY 2000 Appropriations

Act provides $26,250,000 for activities

authorized by section 4. In accordance

with congressional intent, Enterprise

and LISC will each be awarded $10

million. Each of the two organizations

will use $2 million of its share for

activities in rural areas, including tribal

areas. Habitat for Humanity will be

awarded $3,750,000. Youthbuild USA

will be awarded $2,500,000.

4. Eligible Activities

Eligible activities under this award

include:

(a) Training, education, support, and

advice to enhance the technical and

administrative capabilities of

community development corporations

(CDCs) and community housing

development organizations (CHDOs)

including the capacity to participate in

consolidated planning including fair

housing planning and continuum of

care homeless assistance efforts that

help ensure community-wide

participation in assessing area needs,

consulting broadly within the

community, cooperatively planning for

the use of available resources in a

comprehensive and holistic manner,

and assisting in evaluating performance

under these community efforts and in

linking plans with neighboring

communities in order to foster regional

planning;

(b) Loans, grants, development

assistance, predevelopment assistance,

or other financial assistance to CDCs/

CHDOs to carry out community

development and affordable housing

activities that benefit low-income

families and persons, including the

acquisition, construction, or

rehabilitation of housing for low-income

families and persons, and community

and economic development activities

Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices 63747

which create jobs for low-income

persons; and

(c) Such other activities as may be

determined by Enterprise, LISC, Habitat

for Humanity or Youthbuild USA in

consultation with the Secretary or his

designee.

5. Matching Requirements

As required by section 4 of the 1993

Act, this $26,250,000 appropriation is

subject to each award dollar being

matched by three dollars in cash or inkind contributions to be obtained from

private sources. Each of the

organizations receiving these funds will

document their proportionate share of

matching resources, including resources

committed directly or by a third party

to a grantee or subgrantee after October

20, 1999 to conduct activities.

In-kind contributions shall conform to

the requirements of 24 CFR 84.23.

6. Administrative and Other

Requirements

The award will be governed by 24

CFR part 84 (Uniform Administrative

Requirements), OMB Circular A–122

(Cost Principles for Nonprofit

Organizations), and OMB Circular A–

133 (Audits of States, Local

Governments, and Non-Profit

Organizations).

Other requirements will be detailed in

the terms and conditions of the grant

agreement provided to grantees,

including the following:

(a) Each grantee will submit to HUD

a specific work and funding plan for

each community showing when and

how the federal funds will be used. The

work plan must be sufficiently detailed

for monitoring purposes and must

identify the performance goals and

objectives to be achieved. Within 30

days after submission of a specific work

plan, HUD will approve the work plan

or notify the grantee of matters which

need to be addressed prior to approval,

or the work plan shall be construed to

be approved. Work plans may be

developed for less than the full dollar

amount and term of the award, but no

HUD-funded costs may be incurred for

any activity until the work plan is

approved by HUD. All activities are also

subject to the environmental

requirements in paragraph 6(f) of this

notice.

(b) The grantees shall submit to HUD

an annual performance report due 90

days after the end of each calendar year,

with the first report due on March 31,

2001. Performance reports shall include

reports on both performance and

financial progress under work plans and

shall include reports on the

commitment and expenditure of private

matching resources utilized through the

end of the reporting period. Reports

shall conform to the reporting

requirements of 24 CFR part 84.

Additional information or increased

frequency of reporting, not to exceed

twice a year, may be required by HUD

any time during the grant agreement if

HUD finds such reporting to be

necessary for monitoring purposes.

To further the consultation process

and share the results of progress to date,

the Secretary may require grantees to

present and discuss their performance

reports at annual meetings in

Washington, DC during the life of the

award.

(c) The performance reports must

contain the information required under

24 CFR part 84, including a comparison

of actual accomplishments with the

objectives and performance goals of the

work plans. In the work plans each

grantee will identify performance goals

and objectives established for each

community in which it proposes to

work and appropriate measurements

under the work plan such as: The

number of housing units and facilities

each CDC/CHDO produces annually

during the grant period and the average

cost of these units. Provided, however,

that when the activity described in a

work plan is not to be undertaken in a

single community that a report

indicating the areas in which the

activity will be undertaken, along with

appropriate goals and objectives, will be

provided when that information is

available. The performance reports will

also include a discussion of the

reasonableness of the unit costs; the

reasons for slippage if established

objectives and goals are not met; and

additional pertinent information.

(d) A final performance report, in the

form described in paragraph (c) above,

shall be provided to HUD by each

grantee within 90 days after the

completion date of the award.

(e) Financial status reports (SF–269A)

shall be submitted semiannually.

(f) Environmental review. Individual

projects to be funded by these grants

may not be known at the time the

overall grants are awarded and also may

not be known when some of the

individual subgrants are made.

Therefore, in accordance with 24 CFR

50.3(h), the application and the grant

agreement must provide that no

commitment or expenditure of HUD or

local funds to a HUD-assisted project

may be made until HUD has completed

an environmental review to the extent

required under applicable regulations

and has given notification of its

approval in accordance with 24 CFR

50.3(h).

7. Application Content

Grantees will be required to file an

application containing the following:

(a) Application for Federal Assistance

(OMB Standard Form 424), Nonconstruction Assurances (SF–424B),

Certification Regarding Drug-Free

Workplace Requirements, Certification

Regarding Lobbying and the Fair

Housing and Equal Opportunity

certification described in section 9(f) of

this notice;

(b) A Summary Budget for the amount

of funds being requested as described in

section VI(H) of the ‘‘Funding

Availability for Community

Development Technical Assistance (CDTA) Programs—CHDO, HOME,

McKinney Act Homeless Assistance and

HOPWA’’ published on February 24,

2000 (64 FR 9321, 9389) and a similar

summary budget for any amounts to be

committed to NCDI activities under the

notice dated March 30, 1994 and grant

agreements pursuant to it.

8. Findings and Certifications

(a) Environmental Impact. A Finding

of No Significant Impact with respect to

the environment has been made in

accordance with the Department’s

regulations at 24 CFR part 50, which

implements 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 between 7:30 a.m. and

5:30 p.m. weekdays at the Office of the

Rules Docket Clerk, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC 20410.

(b) Wage Rates. Unless triggered by

other Federal funds for a project under

this grant, the requirements of the

Davis-Bacon Act do not apply.

(c) Relocation. The Uniform

Relocation Act applies to anyone who is

displaced as a result of acquisition,

rehabilitation, or demolition, for a HUDassisted activity.

(d) Federalism. Executive Order

13132 (entitled ‘‘Federalism’’) prohibits,

to the extent practicable by law, an

agency from promulgating policies that

have federalism implications and either

impose substantial direct compliance

costs on State and local governments

and are not required by statute, or that

preempt State law, unless the agency

meets the relevant requirements of

section 6 of the Executive Order. This

notice does not have federalism

implications and does not impose

substantial direct compliance costs on

State and local governments or preempt

State law within the meaning of the

Executive Order.

63748 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices

(e) Prohibition Against Lobbying

Activities. Applicants for funding under

this notice are 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)

and to the provisions of the Lobbying

Disclosure Act of 1995, Pub.L. 104–65

(December 19, 1995).

The Byrd Amendment, which is

implemented in regulations at 24 CFR

part 87, prohibits applicants for Federal

contracts and grants from using

appropriated funds to attempt to

influence Federal Executive or

legislative officers or employees in

connection with obtaining such

assistance, or with its extension,

continuation, renewal, amendment or

modification. The Byrd Amendment

applies to the funds that are the subject

of this notice. Therefore, applicants

must file with their application a

certification stating that they have not

made and will not make any prohibited

payments and, if any payments or

agreement to make payments of

nonappropriated funds for these

purposes have been made, a form SF–

LLL disclosing such payments must be

submitted.

The Lobbying Disclosure Act of 1995,

Pub.L. 104–65 (December 19, 1995),

which repealed section 112 of the HUD

Reform Act and resulted in the

elimination of the regulations at 24 CFR

part 86, requires all persons and entities

who lobby covered Executive or

Legislative Branch officials to register

with the Secretary of the Senate and the

Clerk of the House of Representatives

and file reports concerning their

lobbying activities.

(f) Fair Housing and Equal

Opportunity. Applications must contain

a certification that the applicant and all

subgrantees shall comply with the

requirements of the Fair Housing Act,

title VI of the Civil Rights Act of 1964,

section 504 of the Rehabilitation Act of

1973, the Age Discrimination Act of

1975, title IX of the Education

Amendments Act of 1972 and the

Americans with Disabilities Act, and

will affirmatively further fair housing.

(g) Section 3 of the Houisng and

Urban Development Act of 1968.

Applications must contain a

certification that the applicant and all

subgrantees will comply with section 3

of the Housing and Urban Development

Act of 1968, as amended (12 U.S.C.

1701u) and HUD’s implementing

regulations at 24 CFR part 135, which

require that, to the greatest extent

feasible, opportunities for training and

employment be given to low-income

persons residing within the unit of local

government for the metropolitan area (or

nonmetropolitan county) in which the

project is located.

Authority: Section 4 of the HUD

Demonstration Act of 1993 (Pub. L. 103–120,

42 U.S.C. 9816 note), as amended, and Pub.L.

106–74, 113 Stat. 1047.

Dated: October 16, 2000.

Joseph D’Agosta,

General Deputy Assistant, Secretary for

Community Planning and Development.

[FR Doc. 00–27190 Filed 10–23–00; 8:45 am]

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