[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79229-79242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22177]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

[Docket No.: RHS-24-MFH-0006]


Notice of Funds Availability (NOFA) for the Multifamily Housing 
Preservation and Revitalization Demonstration Program (MPR) and for 
Section 515 Subsequent Loans for Preservation Activities for the Fiscal 
Year (FY) 2024

AGENCY: Rural Housing Service, United States Department of Agriculture 
(USDA).

ACTION: Notice of Funds Availability (NOFA).

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SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development 
(RD) agency of the United States Department of Agriculture, announces 
that it is inviting applications for the Multifamily Housing 
Preservation and Revitalization Demonstration Program (MPR) and Section 
515 Loan Program. These loan and grant funds will be made available to 
qualified applicants which may be used to preserve and improve existing 
Rural Rental Housing (RRH) and Off-Farm Labor Housing (OFF-FLH) 
projects to extend their affordable use.

DATES: Electronic submissions must be received no later than December 
26, 2024, 11:59 p.m. Eastern Time (ET), to be eligible for funding 
under this Notice. The applicant must send an email message by 12 p.m. 
ET (noon) on December 16, 2024, to the RHS Production and Preservation 
Division (see the ADDRESSES section for additional information).

ADDRESSES: All applications made in response to this Notice must be 
submitted electronically to the RHS Production and Preservation 
Division, Processing and Report Review (PRR) Branch using the following 
process: The applicant must send an email message by the date and time 
provided in the DATES section to the RHS Production and Preservation 
Division at <a href="/cdn-cgi/l/email-protection#d58791fb98858795a0a6b1b4fbb2baa3"><span class="__cf_email__" data-cfemail="e3b1a7cdaeb3b1a396908782cd848c95">[email protected]</span></a>. The email message must contain the 
following information:
    Subject line: MPR NOFA Submission.
    Body of email: Applicant Name, Project State, Project Name, Project 
City and complete Applicant Contact Information (including address, 
phone number, email address to receive application submission 
information).
    Request language: Please provide application submission 
instructions so that we may submit our MPR application documents.
    Application submission instructions will be emailed to all 
interested respondents supplying valid email addresses within two (2) 
business days from the date the email of interest is received by the 
Agency.

FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Director, Processing 
and Report Review Branches, Production and Preservation Division, MFH, 
RD, USDA, via email: <a href="/cdn-cgi/l/email-protection#a0ede6e8d0d2cfc3c5d3d3c9cec791e0d5d3c4c18ec7cfd6"><span class="__cf_email__" data-cfemail="29646f61595b464a4c5a5a40474e18695c5a4d48074e465f">[email protected]</span></a> or telephone: (202) 205-
9217 for additional information on this Notice.
    Persons with disabilities that require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language) may contact the Agency or staff 
office; or the 711 Relay Service.

SUPPLEMENTARY INFORMATION: Late or incomplete applications will not be 
eligible for funding under this Notice. Paper applications will not be 
accepted. Applications that are deemed eligible but are not selected 
for further processing due to lack of funding will be withdrawn from 
processing.

Authority

    The Consolidated Appropriations Act, 2024, Public Law 118-42, 
authorized USDA to conduct a demonstration program (i.e., the 
Multifamily Housing Preservation and Revitalization (MPR) Demonstration 
Program) for the preservation and revitalization of sections 515 (rural 
rental housing) (RRH) and 514 and 516 (off-farm labor housing) 
properties to restructure existing USDA multi-family housing (MFH) 
loans expressly to ensure the project has sufficient resources to 
provide safe and affordable housing for low-income residents and farm 
laborers

[[Page 79230]]

under the programs authorized by the Housing Act of 1949, as amended 
(42 U.S.C. 1484, 1485 and 1486). The MPR Demonstration Program is 
implemented under 7 CFR part 3560 and the requirements set forth in 
this Notice. Title V of the Housing Act of 1949; 42 U.S.C. 1480; 
implemented under 7 CFR part 3560 authorizes the Section 515 Direct 
Loan program. The section 515 RRH direct loan program provides 
competitive financing for affordable multi-family rental housing for 
low-income, elderly, or disabled individuals and families in eligible 
rural areas.

Rural Development Key Priorities

    RD will continue to support and promote activities and investments 
that will achieve the following:
    1. Creating More and Better Markets: Assisting rural communities to 
recover economically through more and better market opportunities 
through improved infrastructure.
    2. Addressing Climate Change and Environmental Justice: Reducing 
climate pollution and increasing resilience to the impacts of climate 
change through economic support to rural communities.
    3. Advancing Racial Justice, Place-Based Equity, and Opportunity: 
Ensuring all rural residents have equitable access to RD programs and 
benefits from RD funded projects.
    For further information, visit https://www.rd.usda.gov/priority-points.

Overview

    Federal Awarding Agency Name: The Rural Housing Service's (RHS) 
Multifamily Housing Program (MFH).
    Funding Opportunity Title: Notice of Funds Availability (NOFA) for 
the Multifamily Housing Preservation and Revitalization (MPR) 
Demonstration Program and Section 515 Rural Rental Housing Subsequent 
Loans for Preservation Activities for Fiscal Year (FY) 2024.
    Announcement Type: Notice of Funds Availability (NOFA).
    Assistance Listing:
    (1) 10.447--Rural Multifamily Housing Revitalization Demonstration 
Program (MPR).
    (2) 10.415--Section 515 Rural Rental Housing Subsequent Loans

A. Program Descriptions

1. Purpose of the Programs

    The MPR Demonstration Program restructures loans and provides 
additional financing for existing Section 515 Rural Rental Housing 
(RRH) and Section 514/516 Off-Farm Labor Housing (Off-FLH) projects to 
help improve and preserve the availability of safe affordable rental 
housing for low-income residents. The Section 515 RRH Subsequent Loan 
program provides additional financing for existing Section 515 RRH 
projects to help improve and preserve the affordability of safe 
affordable rental housing for low-income residents. MPR and the Section 
515 RRH Program are being combined in this Notice to gain efficiencies 
in the announcement of funding opportunities, application, and 
selection process, as both programs are eligible preservation 
resources. Although Section 515 Subsequent Loans, as described under 7 
CFR 3560.73 are not required to be awarded under a NOFA, including 
these funds in this NOFA will enhance program transparency for the 
public and allow for fair and equitable competition for the resource.
    Both programs are designed to address preservation needs in Rural 
Development's Multifamily Housing portfolio. Funds may be used to 
address health, safety and accessibility needs and to repair or 
renovate existing project items identified in the Capital Needs 
Assessment (CNA). Additional items may be added to the scope of work, 
if practical and feasible, at the sole discretion of the RHS. Proposals 
to develop or construct additional units within the existing building 
envelope, only if needed to comply with accessibility requirements, 
will be considered and are eligible under this Notice. To be considered 
for funding, all applicants are required to meet both the general 
threshold requirements, as well as the program-specific requirements as 
outlined in this Notice. The CNA Template and CNA Process Addendum are 
provided at the Multifamily Housing Direct Loans website, click on the 
``To Apply'' tab; https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply. 
Questions regarding the CNA Template and CNA Process Addendum or 
assistance with accessing the CNA documents should be directed to 
Jonathan Bell, Director, Processing and Report Review Branches, 
Production and Preservation Division, MFH, RD, USDA, via email: 
<a href="/cdn-cgi/l/email-protection#165b505e666479757365657f787127566365727738717960"><span class="__cf_email__" data-cfemail="f1bcb7b981839e92948282989f96c0b184829590df969e87">[email protected]</span></a> or telephone: (202) 205-9217.
    RHS will hold workshops to provide general guidance and assistance 
regarding this NOFA prior to the application deadline. These workshops 
will be announced via GovDelivery notice and will also be posted on the 
MFH Programs website (https://www.rd.usda.gov/programs-services/multi-family-housing-programs). Sign up for GovDelivery notifications by 
visiting the GovDelivery website (https://public.govdelivery.com/accounts/USDARD/signup/10420). Additional information and guidance 
outlining applicant, property, and tenant eligibility requirements; 
factors for scoring and ranking applications and making awards; and any 
requirements and/or limitations specific to each program application 
opportunity can be found in this Notice. Prospective applicants are 
encouraged to read this entire Notice thoroughly and attend the 
informational workshops for more information and clarification prior to 
submitting applications for funding.
    All applications must follow the applicable Agency regulations in 7 
CFR part 3560. The MPR Program and the Section 515 RRH Program are 
subject to title V of the Housing Act of 1949; 7 CFR part 3560: and the 
requirements set forth in this Notice.

2. Applicant Eligibility

    To be eligible for funding under this NOFA, applicants must meet 
all statutory and regulatory requirements applicable to the MPR and/or 
Section 515 RRH program funding. Program regulations may be found at 
the following link: https://www.rd.usda.gov/page/regulations-and-guidance.

3. Definitions

    The definitions applicable to this Notice are published at 7 CFR 
3560.11 which can be found on the following website: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXV/part-3560.

4. Application of Awards

    Awards under the MPR Demonstration Program and Section 515 RRH 
Program will be made using the specific selection criteria contained in 
this Notice.
    The Agency will review, evaluate, and score applications received 
in response to this Notice based on the provisions found in 7 CFR part 
3560 (https://www.ecfr.gov/current/title-7/part-3560), and as indicated 
in this Notice. The Agency advises all interested parties that the 
applicant bears the full burden in preparing and submitting 
applications in response to this Notice for this Program in FY 2024.

B. Federal Award Information

    Type of Award: Loans and grants (MPR) and loans (Section 515).
    Fiscal Year Funds: FY 24 (MPR and Section 515) and carryover funds 
(MPR).
    Available Funds: The Agency will make available the following funds 
in this NOFA: MPR: $80,491,882 and Section 515: $27,000,000. Available

[[Page 79231]]

loan and grant funding for the MPR program and Section 515 RRH program 
for FY 2024 will also be announced via GovDelivery Notice. Sign up for 
GovDelivery notifications by visiting the GovDelivery website at: 
https://public.govdelivery.com/accounts/USDARD/signup/10420. Funding 
amounts will also be posted on the RHS MFH website at: https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply. Funding 
awards will be posted to the RHS website as funding is obligated. RHS 
reserves the right to post all information submitted as part of the 
application package that is not protected under the Privacy Act on a 
public website with free and open access to any member of the public.
    Award Amounts: The Agency anticipates a maximum per unit award 
amount of $60,000 and no minimum award amount. The Agency reserves the 
right to reduce requested funding amounts based on funding 
availability.
    Supplemental Awards: With the submission of a new application, 
projects that have previously received Agency funding are eligible to 
apply for supplemental funding.
    Type of Assistance Instrument: Grant Agreement, Direct Loan.

C. Eligibility Information

1. Eligible Applicants

    Eligibility for MPR and section 515 funding under this NOFA 
includes current RD borrowers that have received a loan from the Agency 
and eligible applicants under 7 CFR part 3560 who are applying to 
assume ownership and the associated outstanding RD loans on RD-financed 
MFH properties. Eligible applicants for the MPR and Section 515 
programs include individuals, partnerships or limited partnerships, 
consumer cooperatives, trusts, State or local public agencies, 
corporations, limited liability companies, non-profit organizations, 
Indian Tribes, associations, or other entities that own or will be the 
owner of the project for which an application for transfer of ownership 
by the Agency is submitted. Applicants must be eligible entities and 
not currently debarred, suspended, or delinquent on any Federal debt. 
Agency regulations for the Section 515 MFH program and the Sections 
514/516 Farm Labor Housing (FLH) program are published at 7 CFR part 
3560.

2. Eligible Projects

    Projects must meet at least one of the following requirements to be 
eligible to receive funding:
    (a) All Agency loans on the project will reach mortgage maturity 
prior to January 1, 2027. If a consolidation of two or more projects 
into a single project is proposed, all loans on the consolidated 
project must reach maturity prior to January 1, 2028.
    (b) The project has an existing MPR debt deferral that expires 
prior to January 1, 2028.
    (c) The project sustained damage due to a storm, fire, flood, wind, 
or other man-made or natural disaster and necessary repairs as a result 
of the damage are incomplete and/or units are uninhabitable due to 
inadequate insurance proceeds.
    (d) The project has been approved under the Agency's Simple 
Transfer Pilot Program, published in the Federal Register on December 
9, 2022 (87 FR 75457), and has an Agency-required rehabilitation plan 
that lacks full funding.
    (e) A purchase and sale agreement has been approved for the project 
under the Agency's sale to nonprofit process in 7 CFR 3560.659 and the 
project requires additional funding to complete a transfer of ownership 
to the new buyer.
    (f) Loan(s) on the project were reamortized at the request of the 
owner to avoid payoff and program exit prior to imminent loan maturity 
(``reamortization lite'') and the project requires funding to address 
unmet rehabilitation needs.
    (g) Repairs or modifications are needed to address health and 
safety findings or violations and/or accessibility modifications 
identified in the property's Capital Needs Assessment (CNA) submitted 
with the application. The combined amount of the health, safety, and 
accessibility repairs or modifications identified in the CNA must 
exceed an average cost of $4,000 per unit to meet the project 
eligibility criteria.

3. Threshold Eligibility Requirements

    All applications must meet all threshold eligibility requirements 
as follows:
    (a) Applications must be complete as specified by this Notice;
    (b) Applications must be submitted electronically;
    (c) Complete applications must be received by 12 p.m., Eastern Time 
December 26, 2024;

4. Determination of Initial Eligibility

    The determination of initial eligibility for any application will 
be determined as of the application submission deadline date. The RHS 
reserves the right to discontinue the processing of any application due 
to material changes in the applicant's status occurring any time after 
the initial eligibility determination.

D. Program Funding

1. Cost Sharing or Matching

    There are no cost sharing or matching requirements to receive 
program funding.

2. Funding Priority for Areas of Persistent Poverty

    To focus investments in areas where the need for increased 
prosperity is greatest, RHS will set aside 10 percent of the available 
funds for applications that will serve persistent poverty counties. The 
term ``persistent poverty counties'' means any county that has had 20 
percent or more of its population living in poverty over the last 30 
years, using the 2020 Decennial Census data and the 2017-2021 American 
Community Survey five-year average), or any territory or possession of 
the United States. Information on which counties are considered 
persistent poverty counties can be found through using the following 
link: https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=a0bcd25194434ac784493fd5dc7f8191.

3. Funding Priority for REAP Zones

    To address issues of geographic isolation of communities separated 
by long distances, absence of large metropolitan centers, low-density 
settlement patterns, historic dependence on agriculture, continued 
population loss, outmigration, and economic upheaval or economic 
distress, the Agency will provide a set aside under this announcement 
for applications in Rural Economic Area Partnership (REAP) Zones. REAP 
Zones locations are as follows:

------------------------------------------------------------------------
              Zone                    State              Counties
------------------------------------------------------------------------
CONAC..........................  ND               McHenry, Bottineau,
                                                   Rolette, Towner,
                                                   Pierce and Benson;
                                                   and the Indian
                                                   reservations of the
                                                   Turtle Mountain
                                                   Chippewa and Spirit
                                                   Lake Sioux.
Southwest......................  ND               Dunn, Stark,
                                                   Hettinger, Adams,
                                                   Bowman, Slope, Golden
                                                   Valley, Billings, and
                                                   part of the Fort
                                                   Berthold Indian
                                                   Reservation.

[[Page 79232]]

 
Sullivan-Wawarsing.............  NY               Sullivan and the Town
                                                   of Wawarsing.
Tioga..........................  NY               Tioga.
Northeast Kingdom..............  VT               Caledonia, Essex,
                                                   Orleans.
------------------------------------------------------------------------

4. Geographic Distribution of Funding

    The Agency has an interest in supporting a broad geographic 
distribution of program funds. Projects will be scored without regard 
to State location. However, if five projects in a State have received 
program funding obligations, no further obligations will be made to 
projects in that State until a funding decision has been made on all 
projects that have met the minimum scoring requirements as described in 
the Scoring section of this Notice. When all other funding decisions 
have been made, the Agency may provide additional awards in States that 
have already received five awards. Projects located on tribal lands 
will not count against the five-project State limit.

E. Additional Program Requirements

1. Loan Requirements

    Each loan made by the Agency will be secured in a manner that 
adequately protects the financial interest of the Federal Government 
throughout the period of the loan in accordance with 7 CFR 3560.61. The 
Agency will not make any loans without adequate security. The following 
limitations will be set on loan amounts:
    (a) For all loan applicants who will receive benefits from the low-
income housing tax credit (LIHTC) program, the amount of Agency 
financing for the housing will not exceed 95 percent of the security 
value available for the Agency loan.
    (b) For all loan applicants who will not receive LIHTC benefits and 
who are comprised solely of nonprofit organizations, consumer 
cooperatives, or State or local public agencies, the amount of the loan 
will be limited to the security value available for the Agency loan, 
plus the 2 percent initial operating capital and any necessary 
relocation costs incurred.
    (c) For all other loan applicants who will not receive LIHTC 
benefits, the loan amount will be limited to no more than 97 percent of 
the security value available for the Agency loan.

2. Equity Contribution Requirements

    Loan applicants, with the exception of nonprofit organizations, 
consumer cooperatives, or State or local public agencies who will not 
be receiving LIHTC benefits, must make an equity contribution from 
their own resources as follows:
    (a) Loan applicants who will receive LIHTC benefits must make an 
equity contribution in the amount of 5 percent of the Agency loan. The 
maximum Agency loan will be determined in accordance with 7 CFR 
3560.63(c).
    (b) Loan applicants who will not receive LIHTC benefits and are not 
nonprofit organizations, consumer cooperatives, or state or local 
public agencies must make an equity contribution in the amount of 3 
percent of the Agency loan. The maximum Agency loan will be determined 
in accordance with 7 CFR 3560.63(c).

3. Grant Requirements

    Grant awards are subject to the requirements outlined in 2 CFR 
parts 200 and 400.

4. Security Requirements

    The total of all liens against the project, with the exception of 
Agency deferred debt, cannot exceed the Agency-approved security value 
of the project, except as permitted by 7 CFR 3560.63(b)(2). All Agency 
debt, either in first lien position or in a subordinated lien position, 
must be secured by the project, except deferred debt, which is not 
included in the Agency's total lien position for computation of the 
Agency's security value in the MPR program. Payment of any deferred 
debt will not be required from normal project operations income during 
the term of the debt deferral. Upon expiration of the deferral, if no 
further deferral is approved, the remaining balance will be 
reamortized.

5. Transfers, Consolidations and Portfolios

    Transfers and consolidations may be approved as part of the 
transaction for the selected applicants in accordance with 7 CFR part 
3560 and the following:
    (a) If a transfer is part of the transaction, and the transfer 
includes a seller payment and/or an increase in the allowable Return to 
Owner (RTO), the transfer must first be underwritten to meet the 
requirements of 7 CFR 3560.406 to establish the maximum RTO amount RD 
will recognize for the buyer and seller before the transaction is 
underwritten.
    (b) If a consolidation of existing properties is simultaneously 
proposed, all projects being consolidated must be submitted in one 
application that identifies each project. Each property in the proposed 
consolidated project must be located in the same market area. Market 
area is defined in 7 CFR 3560.11 as the geographic or locational 
delineation for a specific project, including outlying areas that will 
be impacted by the project including the area in which alternative, 
similar properties effectively compete with the subject property.
    (c) Applicants should discuss proposed consolidations with the 
assigned Servicing Specialist prior to filing their application under 
this NOFA. RD may permit two or more properties to be consolidated as 
defined in 7 CFR 3560.410 when it is in the best interests of the 
Government. The applicant should consult with the RD loan official 
before engaging the CNA Provider in any case where the CNA intends to 
encompass more than a single existing RD property to determine if a 
consolidated CNA may be acceptable for RD underwriting.
    (d) If the preservation proposal involves a portfolio transaction 
(sale or stay-in owner), a separate application for each project in the 
portfolio is required and each application must identify all projects 
included in the portfolio transaction. Eligibility determinations will 
be conducted on each application associated with the portfolio.

6. Occupancy Standards

    (a) For Section 515 RRH projects, the average physical vacancy rate 
for the 12 months preceding this Notice's application submission date 
can be no more than 10 percent for projects consisting of 16 or more 
revenue units and no more than 15 percent for projects less than 16 
revenue units. If the average physical vacancy rate exceeds those 
limits, the applicant must provide current market data (defined as no 
more than 6 months old at time of filing) that demonstrates there is a 
need for the project evidenced by waiting lists and a housing shortage 
confirmed by local housing agencies and realtors. The data 
demonstrating a need and housing shortage must be accepted by the 
Agency. The market data must show a clear need and demand for the 
project once the transaction is completed. The results of the survey of 
existing or

[[Page 79233]]

proposed rental or labor housing, including complex name, location, 
number of units, bedroom mix, family or elderly type, year built, and 
rent charges, must be provided, as well as the existing vacancy rate of 
all available rental units in the community, their waiting lists and 
amenities, and the availability of Rental Assistance (RA) or other 
subsidies. The Agency will determine if the proposal has market 
feasibility based on the data provided by the applicant. Any costs 
associated with compiling the market data is NOT an eligible program 
project expense. If the information provided by the applicant is 
inadequate, the Agency may require additional information, which may 
include a current market study, to assess the need of the project and 
its continued financial feasibility. If a project consolidation is 
involved, the consolidation will remain eligible so long as the average 
vacancy rate for each individual project meets the occupancy standard 
noted in this paragraph. Any individual project submitted as a 
portfolio application that does not continue to meet the occupancy 
threshold, regardless of reason, may be withdrawn by the owner or the 
Agency without jeopardizing the formal portfolio application so long as 
the application continues to meet the eligibility conditions otherwise 
described in this Notice.
    (b) For Sections 514/516 FLH projects, rather than an average 
physical vacancy rate, a positive cash flow for the previous full three 
(3) years of operation is required unless the applicant has an Agency 
approved workout agreement and is in compliance with the provisions of 
the workout agreement for a minimum of six (6) consecutive months.

7. Funding Restrictions

    Funds under this NOFA cannot be used to add additional housing 
units, build community rooms, or add additional parking areas, 
playgrounds, or laundry rooms unless these improvements are needed to 
address accessibility requirements.

F. Available Funding Tools

    Applicants must propose a funding plan for the project and request 
specific tools as part of the funding plan. For loans, the applicant 
must specify the type of loan requested and the amount of funding 
requested. For grants, the applicant must specify the amount of funding 
requested. For debt deferrals, the applicants must specify all loans 
requested for deferral and provide an estimate of the current 
outstanding loan balance.
    (1) Debt deferral: Deferral of loan principal and interest payments 
for up to 20 years for presently outstanding Section 514 or Section 515 
loans. The applicant's proposal should describe how the cash flow from 
the deferred RD direct loan principal and interest payments will be 
deposited to the project's reserve account and/or used to help meet the 
project's future physical needs, support new debt, reduce rents, or 
otherwise be directed to be in the best interests of the tenants and 
Government.
    (a) If an applicant requests a debt deferral and the term of any 
existing Section 514 or Section 515 loans is less than 20 years, the 
Agency requires a re-amortization of the existing loans and extending 
the term up to 20 years.
    (b) All terms and conditions of the deferral will be described in 
the MPR Debt Deferral Agreement. A balloon payment of principal and 
accrued interest (deferral balloon) will be due at the end of the 
deferral period, or upon default pursuant to the terms contained 
therein. Interest will accrue at the promissory note rate and, if 
applicable, the subsidy will be applied as set out in the Agency's 
``Multiple Family Housing Interest Credit Agreement,'' Form RD 3560-9.
    (c) At the time of the deferral balloon, borrowers may request any 
available servicing tools to preserve any needed projects as affordable 
rental housing.
    (2) MPR Grant. Grant funding is limited to non-profit or public 
housing agency applicants/borrowers only. The grant use will be limited 
to the cost of correcting health and safety violations of a project, 
including accessibility requirements identified by a CNA accepted by 
the Agency.
    (3) MPR Zero Percent Loan. An amortizing loan offered at zero 
percent interest. This loan is not deferred. Monthly payments are 
required for the maximum term and the amortization period will be as 
authorized by the respective program authority.
    (a) For Section 515 RRH projects, the maximum loan term is 30 years 
amortized over a maximum term of 50 years.
    (b) For Sections 514/516 projects, the loan will be amortized over 
a maximum term of the loan which is 33 years.
    (4) MPR Soft-Second Loan. A loan with a one percent interest rate 
that will have its accrued interest and principal deferred to a balloon 
payment. The balloon payment will be due at the same time as the latest 
modified Section 514 or Section 515 maturity date of any current loan 
being reamortized.
    (5) MPR or Section 515 Direct Loan. An amortizing loan with a one 
percent effective interest rate. This loan is not deferred. Monthly 
payments are required for the maximum term and amortization period will 
be as authorized by the respective program authority:
    (a) For Section 515 RRH projects, the maximum loan term is 30 years 
amortized over a maximum term of 50 years.
    (b) For Sections 514/516 projects, the loan will be amortized over 
a maximum term of the loan which is 33 years.
    Funding tools are only for authorized purposes in the respective 
RRH and FLH programs in accordance with 7 CFR part 3560. The program 
will be administered within the resources available to the Agency 
through Public Law 118-42.
    (6) Other Possible Sources of Funds (not all-inclusive):
    (a) RD Section 538 Guaranteed RRH (GRRH) loan. The current Federal 
Register Notification for the Section 538 Program is available at 88 FR 
26221 (April 28, 2023) (https://www.govinfo.gov/content/pkg/FR-2023-04-28/pdf/2023-08952.pdf);
    (b) Third-party loans, grants, tax credits and tax-exempt 
financing;
    (c) Owner-provided capital contributions in the form of a cash 
infusion. A cash infusion cannot be a loan.

G. Application Information

    Respondents to this Notice must submit complete final applications 
by the application submission deadline as specified in the DATES 
section and this section of this Notice. Expenses incurred in 
developing applications will be at the applicant's sole risk.
    All applications made in response to this Notice must be submitted 
electronically to the RHS Production and Preservation Division, 
Processing and Report Review (PRR) Branch using the process outlined in 
the ADDRESSES section above.
    Applicants are encouraged to include a checklist of all the 
application requirements and to index and tab their application to 
facilitate the review process. The applicant should provide a Table of 
Contents of all of the documents that have been submitted. Last-minute 
requests and submissions may not allow adequate time for the submission 
process to take place prior to the deadline.

    Note:  Applicants are reminded that all submissions must be 
received by the deadline and the application will be rejected if it 
is not received by the deadline date and time, regardless of when 
the application was submitted.

    (1) Application Requirements. The application must contain the 
following:

[[Page 79234]]

    (a) An executed and dated Executive Summary on the applicant's 
letterhead that must include at least the following:
    i. Brief description of the project and its history. Include the 
borrower's name, project name, project location, number of units, 
number of RA or Operating Assistance (OA) units and unit mix. For FLH 
projects, address whether the project operates year-round or on a 
seasonal basis. Provide the year the property was built and placed into 
service, the original sources of funding, and the original amounts of 
funding received. Include a description of any significant 
improvements, repairs, or modifications that have been made since the 
property was placed in service, which would include substantial 
rehabilitations and significant repairs that were needed due to natural 
disasters. Provide any other information that you may want to disclose 
regarding the project and its history.
    ii. Brief description of the proposed transaction. Provide a 
narrative of the loan and/or grant funds that the applicant is seeking 
from the RHS, or any other third-party source, and a description of 
what the funds will be utilized for. Describe the scope of work and 
explain how the transaction will come together overall, including 
information on how the project will absorb any additional debt service, 
if applicable.
    iii. Description of the current ownership structure with a detailed 
organizational chart. If a transfer of ownership is proposed as part of 
the transaction, include the proposed ownership structure with a 
detailed organization chart.
    iv. Narrative verifying the applicant's ability to meet the 
applicant eligibility requirements stated earlier in this Notice.
    v. A statement of the applicant's experience in operating 
affordable rental housing, labor housing or other rental housing.
    vi. Description of the applicant's legal and financial capability 
to carry out the obligation and purpose of the loan and/or grant.
    vii. Current management. A brief description of how the property is 
currently managed. If a change in management is proposed as part of the 
transaction, provide a brief description of the proposed plan to manage 
the property. As stated earlier in this Notice, the housing must be 
managed in accordance with the management regulations, 7 CFR part 3560.
    viii. Any financial commitments, financial concessions, or other 
economic benefits proposed to be provided by the RHS.
    ix. Third-party funding sources, if applicable. For each third-
party funding source, briefly discuss the provider, amount, including 
terms, commitment status, timing issues, any restrictions that will be 
applicable to the project, and whether any accommodation from the RHS 
is proposed, such as a subordination in lien position. The desired lien 
position of any third-party funding source must be clearly disclosed, 
as well as any proposal for the RHS to subordinate its lien position.
    x. Any proposed compensation to parties having an identity of 
interest (IOI) with either the consultant or technical assistance 
provider. An IOI is defined in 7 CFR 3560.11
    xi. Any proposed construction financing, for example, a 
construction or bridge loan or the use of multiple advances.
    xii. Type and method of construction, such as negotiated bid or 
contractor method.
    xiii. Signed statement by the applicant that they will pay any cost 
overruns in accordance with 7 CFR 3560.63(f).
    xiv. Estimated development timeline to include estimated start and 
end date, as well as any other important milestones such as the 
proposed closing date.
    xv. Description of any required state or local approvals and how 
they will be obtained.
    xvi. Description of the required and intended applicant 
contribution, if applicable.
    xvii. Any other pertinent information the applicant wishes to 
disclose as part of this proposal.
    xviii. A separate one-page information sheet listing each of the 
application scoring criteria contained in this Notice, followed by a 
reference to the page numbers of all relevant material and 
documentation contained in the proposal that supports the outlined 
criteria.
    (b) The following forms and certifications are required:
    i. Form RD 3560-1, ``Application for Partial Release, 
Subordination, or Consent,'' can be obtained at: https://formsadmin.sc.egov.usda.gov//efcommon/eFileServices/eFormsAdmin/RD3560-0001.pdf.
    ii. Standard Form 424, ``Application for Federal Assistance,'' can 
be obtained at: https://www.grants.gov/.
    iii. Form RD 3560-30, ``Certification of no Identity of Interest 
(IOI),'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF. OR
    iv. Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification,'' can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF. An 
IOI is defined in 7 CFR 3560.11. The RHS must review Form RD 3560-30 
and Form RD 3560-31, as applicable, to determine if they are completed 
in accordance with the Forms Manual Insert and to determine that all 
IOI's have been disclosed.
    v. Form HUD 2530, ``Previous Participation Certification,'' if 
applicable, can be found at: https://www.hud.gov/sites/dfiles/OCHCO/documents/2530.pdf.
    vi. Form RD 400-4, ``Assurance Agreement,'' can be found at: 
https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF.
    vii. RD Instruction 1940-Q, Exhibit A-1, ``Certification for 
contracts, grants and loans,'' can be found at: https://www.rd.usda.gov/files/1940q.pdf.
    viii. Form RD 1910-11, ``Applicant Certification, Federal 
Collection Policies for Consumer or Commercial Debts,'' can be found 
at: https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD1910-11.PDF.
    ix. Form RD 400-1, ``Equal Opportunity Agreement,'' can be found 
at: https://www.rd.usda.gov/files/UEP_RD_From_400-1.pdf.
    x. Form RD 400-6, ``Compliance Statement,'' if applicable can be 
found at: https://www.rd.usda.gov/files/RD400-6.PDF.
    xi. For projects that have five or more rental units, an 
Affirmative Fair Housing Marketing Plan (AFHMP) as defined in 24 CFR 
part 200, subpart M.
    (c) Provide the following financial and organizational information:
    i. Current (within 6 months of this Notice's application submission 
due date) financial statements for each entity within the ownership 
structure with the following paragraph certified by the applicant's 
designated and legally authorized signer:
    ``I/we certify the above is a true and accurate reflection of our 
financial condition as of the date stated herein. This statement is 
given for the purpose of inducing the United States of America to make 
a loan or to enable the United States of America to make a 
determination of continued eligibility of the applicant for a loan as 
requested in the loan application of which this statement is a part.''
    ii. Submit a current (within 6 months of this Notice's application 
submission due date) comprehensive credit report for both the entity 
and the actual individual principals, partners and members within the 
applicant entity,

[[Page 79235]]

including any sub-entities who are responsible for controlling the 
ownership and operations of the entity. If any of the principals in the 
applicant entity are not natural persons (e.g., corporations, other 
limited liability companies, trusts), separate commercial credit 
reports must be submitted on those organizations as well. Individual 
personal consumer credit reports are not required if a combination 
report is being provided. Only credit reports provided by accredited 
major credit bureaus will be accepted (Experian, Equifax or 
TransUnion). If the credit report(s) is not submitted by the 
application deadline, the application will be considered incomplete and 
will not be considered for funding.
    iii. Letter from the IRS indicating the applicant's tax 
identification number.
    iv. Individual applicants and principals of organizational 
applicants must provide to their attorney acceptable evidence of U.S. 
citizenship and/or qualified alien status. Acceptable evidence of U.S. 
citizenship may include a valid U.S. birth certificate, a valid U.S. 
Passport, a valid U.S. Certificate of Naturalization, or other 
acceptable evidence of U.S. citizenship proposed by the applicant and 
accepted by the Agency. Acceptable evidence of qualified alien status 
may include valid documentation issued by the U.S. Citizenship and 
Immigration Services (USCIS), or other acceptable documentation of 
qualified alien status proposed by the applicant and accepted by the 
Agency.
    Attorney Certification. The applicant's attorney must review all 
applicable evidence to verify U.S. citizenship and/or qualified alien 
status, must certify that the Agency's U.S. citizenship and/or 
qualified alien status eligibility requirements are met by all 
applicants, and must submit the certification for Agency review with 
the application.
    v. Documentation verifying the applicant is registered in the 
System for Award Management (SAM) and the applicant's Unique Entity 
Identifier (UEI) number (unless exempt under 2 CFR 25.110(b), (c), or 
(d)).
    vi. For applicants that are limited partnerships, a current and 
fully executed limited partnership agreement and certificates of 
limited partners.
    vii. For applicants that are limited liability corporations, 
evidence of organization under State and local law and a copy of the 
applicant's Articles of Organization and Operating Agreement.
    viii. If a nonprofit organization:
    a. Tax-exempt ruling from the Internal Revenue Service designating 
them as a 501(c)(3) or 501(c)(4) organization.
    b. Purpose statement, including the provision of low-income 
housing.
    c. Evidence of organization under state and local law and a copy of 
the applicant's charter, Articles of Incorporation, and By-laws.
    d. List of Board of Directors including names, occupations, phone 
numbers, and addresses.
    e. If a member or subsidiary of another organization, the 
organization's name, address, and nature of business.
    ix. For entity applicants, a Certificate of Good Standing.
    x. Attorney Certification. Letter from the applicant's attorney 
certifying the legal sufficiency of the organizational documents. The 
attorney must certify:
    a. The applicant's legal capacity to successfully operate the 
proposed project for the life of the loan and/or grant.
    b. For entity applicants, that the organizational documents comply 
with applicable RHS regulations.
    c. For partnership or limited partnership applicants, that the term 
of the partnership extends at least through the latest maturity of all 
proposed RHS debt.
    d. For entity applicants, that the organizational documents require 
prior written RHS approval for any of the following: withdrawal of a 
general partner from a partnership or any member from an LLC, admission 
of a general partner to a partnership or any member to an LLC, amending 
the organizational documents, and selling all or substantially all of 
the assets of the applicant.
    e. For current RHS borrowers, that there have been no changes to 
either the ownership entity or the property that have not been approved 
by the RHS.
    (d) Provide the following information about the Project:
    i. Document the need for the project. The applicant must provide 
documentation that the average physical vacancy rate for the twelve 
(12) months preceding this Notice's application submission due date has 
been no more than ten (10) percent for projects consisting of sixteen 
(16) or more revenue units, and no more than fifteen (15) percent for 
projects with less than sixteen (16) revenue units, unless the project 
is seasonal Off-FLH, or unless the applicant has an RHS approved 
workout plan and is in compliance with the provisions of the workout 
plan, and provides documentation that clearly demonstrates to the RHS 
that sufficient market demand exists. If the project is seasonal Off-
FLH, the applicant must provide detailed documentation for the twenty-
four (24) months preceding this Notice's application submission due 
date that verifies the project's operations, including information 
regarding the open and close date, lease-up, vacancy, rent rolls, 
waiting lists, operating budgets, and any other information the 
applicant wants to provide to document the need for the seasonal Off-
FLH project.
    If the project does not meet the vacancy requirements above, a 
description of the cause of the vacancy rate and the plan to increase 
the occupancy rate must be submitted. The requested loan or grant funds 
must be needed to stabilize occupancy. In addition, if the project does 
not meet the vacancy requirements above, the project's waiting list and 
documentation regarding the market area must be submitted to support 
the need for the project. The market area must be clearly identified 
and may include only the area from which tenants can reasonably be 
drawn to the project. For Off-Farm projects that do not meet the 
vacancy requirements above, documentation must be provided to justify 
the need within the primary market area for the housing of domestic 
farm laborers. The documentation must also consider disabled and 
retired farm workers and adjusted median incomes of very-low, low, and 
moderate.
    ii. Documentation that the project has a positive cash flow. The 
applicant must provide documentation that the project had a positive 
cash flow for the previous full three (3) years of operations preceding 
this Notice's application submission due date. An exception applies for 
projects with an RHS approved workout plan wherein the applicant is in 
compliance with the provisions of the workout plan for a minimum of six 
consecutive months before becoming eligible for a loan and/or grant 
under this Notice. Additionally, an exception will apply to projects 
that have a negative cash flow in operations if surplus cash exists in 
either the general operating account as defined in 7 CFR 3560.306(d)(1) 
or the reserve account. Surplus cash exists when the balance is greater 
than the required deposits minus authorized withdrawals. The applicant 
must provide the project's annual financial report(s) to document the 
project complies with this exception for each year the project has a 
negative cash flow, if applicable. Seasonal Off-FLH properties that 
receive Operating Assistance (OA) are exempt from this requirement.
    (e) Provide the following construction related documents:
    i. Plans and specifications along with the proposed manner of 
construction. The housing must meet RHS's design and construction 
standards contained in

[[Page 79236]]

7 CFR part 1924, subparts A and C, and must also meet all applicable 
Federal, State, and local accessibility standards and current codes. 
The plans and specifications along with the proposed manner of 
construction must be submitted prior to the approval of the 
application. The RHS will notify eligible applicants of the deadline to 
submit these materials. Also, applications for Off-FLH loans and grants 
must meet the design requirements in 7 CFR 3560.559.
    ii. Construction planning, bidding, and contract documents, 
including the construction contract and architectural agreement. The 
construction planning, bidding, and contract documents, including the 
construction contract and architectural agreement, must be submitted 
prior to the approval of the application. The RHS will notify eligible 
applicants of the deadline to submit these materials.
    iii. For Off-FLH projects that do not currently have interior/
exterior washing facilities, applicants should consider incorporating 
interior/exterior washing facilities for tenants, as necessary to 
protect the asset and the tenants from excess dirt and chemical 
exposure. Such facilities might include a boot washing station or hose 
bibs, among others.
    iv. The applicant must submit a checklist, certification, and 
signed affidavit by the project architect or engineer, as applicable, 
for any energy programs in which the applicant intends to participate.
    v. An estimate of development costs utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost,'' which can be found at: 
https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
    (f) Provide the following project financing information:
    i. A Sources and Uses Statement which shows all sources of funding 
included in the proposed transaction. The terms and schedules of all 
sources included in the project should be included in the Sources and 
Uses Statement. (Note: A Section 516 grant may not exceed 90 percent of 
the total development cost (TDC) of the transaction.)
    ii. All applications that propose the use of any grant, leveraged 
funds, or similar funding source must submit firm commitment letters 
with their application, if available. Applicants dependent upon third-
party funding, including but not limited to local, State, and Federal 
resources through competitive and noncompetitive application rounds, 
must obtain and submit to the Agency a satisfactory commitment of those 
funds, as determined by the Agency, upon receipt, but no later than the 
twelve-month time frame, as specified in the award commitment. An 
extension of the award commitment of up to six months may be given, at 
the sole discretion of the Agency, and will be based on project 
viability, current program demand, and availability of program funds. 
Applicants unable to satisfy this condition of the award commitment 
will be subject to having the award rescinded and will be required to 
reapply in future funding announcements.
    iii. Description of how the applicant will meet the applicable 
equity contribution requirement.
    (g) Provide the following environmental information:
    i. Environmental information in accordance with the requirements of 
7 CFR part 1970. The applicant is responsible for preparing and 
submitting the environmental review document in accordance with the 
format and standards provided by RHS in 7 CFR part 1970. Applicants may 
employ a design or environmental professional or technical service 
provider to assist them in the preparation of their environmental 
review documents at their own expense.
    ii. Evidence of the submission of the project description to the 
applicable State Housing Preservation Office (SHPO), and/or Tribal 
Historic Preservation Officer (THPO) with the request for comments, if 
applicable. A letter from the SHPO and/or THPO where the project is 
located, signed by their designee, will serve as evidence of 
compliance.
    iii. Intergovernmental review. Evidence of compliance with 
Executive Order 12372. Information is available on the USDA website at: 
https://www.usda.gov/ocfo/federal-financial-assistance-policy/intergovernmental-review. The applicant must initiate the 
intergovernmental review by submitting the required information to the 
applicable State Clearinghouse. The applicant must provide 
documentation that the intergovernmental review process was completed. 
The applicant must also submit any comments that were received as part 
of this review to the agency. If no comments are received, the 
applicant must provide documentation that the review was properly 
initiated and that the required comment period has expired. 
Applications from Federally recognized Indian Tribes are not subject to 
this requirement.
    (h) Provide the following budget and project management 
information:
    i. A proposed post-transaction operating budget utilizing Form RD 
3560-7, ``Multiple Family Housing Project Budget/Utility Allowance''. 
Form can be found at: https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF. The budget must include the debt 
service of the new RHS loan(s), if applicable. This will be a post 
transaction budget that must include a narrative which provides 
justification for any changes between the current budget and proposed 
budget.
    The RHS will review the budget to determine that the income and 
expenses are reasonable and customary for the area. The RHS will also 
verify that the budget reflects the new RHS loan debt service, if 
applicable, the existing RHS loan debt service, the number of units, 
unit mix, and rents. Overall, the RHS must review the budget for 
feasibility, accuracy, and reasonableness.
    ii. Form RD 3560-13, ``Multifamily Project Borrower's/Management 
Agent's Management Certification,'' can be found at: https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD3560-13.PDF. 
This document is required only if the owner is changing the management 
agent or the management fee as part of this proposal.
    iii. Management plan with all attachments, including the proposed 
record keeping system, the proposed lease with an attorney's 
certification and the proposed occupancy rules. This document is 
required only if the owner is changing the management agent or revising 
the management plan and any attachments as part of this proposal.
    iv. Management Agreement. This document is only required if the 
owner is changing the management agent or revising the management 
agreement and any attachments as part of this proposal.
    v. Tenant relocation plan, if applicable. Loans and/or grants that 
are made for major repair may require the temporary relocation of 
tenants while the project is undergoing work. The applicant must 
provide a plan and financial assistance for relocation of displaced 
persons from a site on which a project will be located.
    (i) Provide the following third-party reports:

[[Page 79237]]

    i. Acceptable appraisal. Appraisals may be conditioned but will be 
required prior to closing. For Off-Farm projects, please refer to the 
Agency's appraisal assignment guidance under the ``To Apply'' tab on 
the Off-Farm Labor Housing Direct Loans & Grants website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/farm-labor-housing-direct-loans-grants#to-apply). For this funding type, 
applicants should use the appraisal assignment guidance named 
``MFH_514_516_Off Farm_Rehabilitation Only_Appraisal Assignment 
Guidance'' or ``MFH_514_516_Off Farm_Transfer and 
Rehabilitation_Appraisal Assignment Guidance,'' as applicable.
    For Section 515 projects, please refer to the Agency's appraisal 
assignment guidance under the ``To Apply'' tab on the Multifamily 
Preservation and Revitalization (MPR) website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply). For this funding type, 
applicants should use the appraisal assignment guidance named 
``MFH_515_Rehabilitation_Appraisal Assignment Guidance'' or 
``MFH_515_Transfer and Rehabilitation_Appraisal Assignment Guidance,'' 
as applicable.
    Project funds may be used to obtain the appraisal if there are 
adequate funds available and the request to use project funds is 
approved by the Field Operations Division servicing official.
    No appraisal is required for subsequent Section 516 Off-FLH grant 
only requests.
    ii. An acceptable As-Is CNA in accordance with the requirements set 
forth in the CNA Template and CNA Process Addendum provided at https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply.
    Project funds may be used to obtain the As-Is CNA if there are 
adequate funds available and the request to use project funds is 
approved by the Field Operations Division servicing official. The 
repair plan should be developed in accordance with the CNA and the 
applicant should submit documentation of the detailed plan and timeline 
for completion of the repair work.
    If any of the required items listed above, with the exception of 
the appraisal, are not submitted within the application in accordance 
with this Notice, or are incomplete, the application will be considered 
incomplete and will not be considered for funding. An acceptable 
appraisal will be required as a condition of funding but may be 
submitted prior to closing to minimize upfront third-party report costs 
for applicants. If the application is incomplete or deemed ineligible, 
the applicant will be notified of any applicable appeal rights under 7 
CFR part 11. Applications that are deemed eligible but are not selected 
for further processing due to a lack of funding will be withdrawn from 
processing and will be encouraged to apply to future Notices. This 
action is not appealable.
    The RHS will not consider information from the applicant after the 
application deadline, expect as expressly specified in this Notice. The 
RHS may contact the applicant to clarify other items in its 
application. The RHS will uniformly notify applicants of each curable 
deficiency. A curable deficiency is an error or oversight that if 
corrected it would not alter, in a positive or negative fashion, the 
review and rating of the application. An example of a curable 
(correctable) deficiency would be inconsistencies in the amount of the 
funding request. Non-curable deficiencies are threshold components that 
effect the review and rating of the application, including but not 
limited to, evidence of an eligible entity and evidence of the need for 
the project.
    Each application must address the applicable scoring criteria 
presented in this Notice for the type of funding being requested.
    (2) System for Award Management and Unique Entity Identifier. The 
System for Award Management (SAM) is the Official U.S. Government 
system for collection of forms for acceptance of a Federal award 
through the registration or annual recertification process. On April 4, 
2022, the unique entity identifier used across the Federal Government 
changed from the Data Universal Numbering System (DUNS) Number to the 
Unique Entity ID (UEI) (generated by SAM.gov).
    All program applicants, unless exempt under 2 CFR 25.110(b), (c), 
or (d), are required to:
    i. Be registered in System Award Management (SAM) before submitting 
their applications;
    ii. Provide a valid Unique Entity ID (UEI) in their applications; 
and
    iii. Continue to maintain an active SAM registration with current 
information at all times during which they have an active Federal award 
or an application or plan under consideration by a Federal awarding 
agency.
    The Federal awarding agency may not make a Federal award to an 
applicant until the applicant has complied with all applicable SAM 
requirements and, if an applicant has not fully complied with the 
requirements by the time the Federal awarding agency is ready to make a 
Federal award, the Federal awarding agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant. SAM is the Official U.S. Government system for collection of 
forms for acceptance of a Federal award through the registration or 
annual recertification process. Applicants may register for SAM at 
https://www.sam.gov or by calling 1-866-606-8220. The applicant must 
ensure that the information in the database is current, accurate, and 
complete. On April 4, 2022, the unique entity identifier used across 
the Federal Government changed from the DUNS Number to the UEI 
(generated by SAM.gov). As required by the Office of Management and 
Budget (OMB), all applications must provide a UEI number when applying 
for Federal assistance. Instructions for obtaining the UEI are 
available at https://sam.gov/content/entity-registration. Applicants 
must ensure they complete the Financial Assistance General 
Certifications and Representations in SAM. Similarly, all recipients of 
Federal financial assistance are required to report information about 
first-tier subawards and executive compensation in accordance with 2 
CFR part 170. So long as an entity applicant does not have an exception 
under 2 CFR 170.110(b), the applicant must have the necessary processes 
and systems in place to comply with the reporting requirements should 
the applicant receive funding. See 2 CFR 170.200(b).
    Additional information concerning these requirements can be 
obtained on the Grants.gov website at https://www.grants.gov. The 
applicant must provide documentation that they are registered in SAM 
and their UEI number or the application will not be considered for 
funding. The following forms for acceptance of a Federal award are now 
collected through the registration or annual recertification in SAM.gov 
in the Financial Assistance General Certifications and Representations 
section:
    <bullet> Form AD-1047, ``Certification Regarding Debarment, 
Suspension, and Other Responsibility Matters-Primary Covered 
Transactions.''
    <bullet> Form AD-1048, ``Certification Regarding Debarment, 
Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered 
Transactions.''
    <bullet> Form AD-1049, ``Certification Regarding Drug-Free 
Workplace Requirements (Grants).''
    <bullet> Form AD-3031, ``Assurance Regarding Felony Conviction or 
Tax

[[Page 79238]]

Delinquent Status for Corporate Applicants.''
    <bullet> Form AD-3030, ``Representations Regarding Felony 
Conviction and Tax Delinquent Status for Corporate Applicants.''
    (e) The Agency will not make an award until the applicant has 
complied with all SAM requirements including providing the UEI. If an 
applicant has not fully complied with the requirements by the time the 
Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant.

H. Submission Information

    The Agency will not solicit, accept, or consider new scoring or 
eligibility information that is submitted after the application 
deadline. RHS reserves the right to ask applicants for clarifying 
information and additional verification of assertions in the 
application. All required application documents in accordance with this 
Notice must be submitted on or before 12 p.m. (ET) December 26, 2024. 
Please refer to the DATES section of this Notice for details.
    Last-minute requests and submissions may not allow adequate time 
for the submission process to take place prior to the application 
deadline. Applications will be rejected if not received by the deadline 
date and time, regardless of when submitted. The Agency is not liable 
for technical issues or system-related difficulties that affect an 
applicant's ability to submit applications in a timely fashion in 
accordance with the instructions of this NOFA. Application submissions 
must meet all the requirements of this Notice. No application will be 
accepted after the deadline unless the date and time is extended by 
another Notice published in the Federal Register. Incomplete 
applications and applications submitted after the deadline will be 
rejected without being scored.
    Applicants are encouraged to include a checklist of all the 
application requirements and to index and tab their application to 
facilitate the review process:
[ballot] Table of Contents citing all documents submitted;
[ballot] Checklist of Application Requirements indexed in order; and
[ballot] Application Scoring Criteria Sheet listing each of the scoring 
criteria contained in the Program Notice, followed by page number 
references for all supporting materials and documentation contained in 
the application package.

I. Application Review Process

    The Agency will determine if applications meet the following 
criteria:
    <bullet> The application was received by the submission deadline;
    <bullet> The application is complete as specified in the NOFA;
    <bullet> The application is for an authorized purpose; and
    <bullet> The applicant meets Agency eligibility requirements.
    Applicants that are rejected by the Agency because they do not meet 
the criteria above will not be scored or ranked. Only applications 
meeting the above criteria will be scored and ranked. RHS will use the 
scoring and ranking factors outlined in this Notice for MPR and Section 
515 RRH application(s).
    After the Agency's initial assessment is complete, the Agency will 
score and rank complete and eligible application(s) as outlined in this 
Notice. The Agency will process the applications in order of their 
ranking (from highest score to lowest score) taking into account 
available funds. If any loan applications are withdrawn, rejected, or 
delayed for a period of time that will not permit funding in the 
current funding cycle, the Agency will process, in rank order, the next 
loan application as funding levels permit, subject to the goals for 
geographic distribution of funds as described in section D of this 
Notice. The Agency reserves the right to offer the applicant less than 
the funding amount requested. Upon completion of the funding round, the 
Agency will notify applicants of their score, upon request.

J. Scoring Criteria

    Application scoring will be based on information provided in the 
applications and in Agency records. A minimum score of 20 points for 
scoring criteria (1) and (2), along with meeting all other eligibility 
requirements, e, will be required for a project to receive funding. 
Meeting the minimum scoring requirements does not guarantee funding. 
Points will be awarded as follows:

    (1) Development Team Experience (up to 15 points). Applicants 
should demonstrate their team's recent experience in successfully 
completing the rehabilitation of affordable MFH and/or FLH projects, as 
applicable, in a timely manner. If other funding sources are being 
sought, RHS will consider the applicant's experience with utilizing 
Federal financing programs, including timely project completion. A firm 
resume must be provided for all members of the applicant's ownership 
entity and the proposed management team, including the management 
agent. The description or firm resumes must include any rental housing 
projects facilities that the applicant team sponsored, owns, or 
operates. To score the highest number of points for this factor, 
applicants must describe significant previous experience in 
development, rehabilitation, and preservation of affordable housing 
projects. Points will be awarded as follows:

(a) Low level of development experience (5 points)
(b) Medium level of development experience (10 points)
(c) High level of development experience (15 points)

    (2) Ownership and Management Capacity (10 points). Applicants 
should demonstrate that they have the experience and organizational 
resources to successfully own, operate and manage affordable MFH and/or 
FLH projects on a long-term basis. A firm resume must be provided for 
all members of the applicant's ownership entity and the proposed 
management team, including the management agent. Each resume must 
include FLH and affordable MFH ownership and management experience, as 
applicable. In addition, the resume should include a description of all 
similar projects that the applicant and Sponsors/Co-Sponsors have been 
involved with, to include whether they were Federal housing projects, 
and information regarding the success of the projects. Points will be 
awarded as follows:

(a) Inadequate owner and management experience (0 points)
(b) Acceptable owner and management experience (10 points)

    (3) Disaster-Impacted Properties (5 points). Points may be awarded 
to projects that have been adversely impacted by the occurrence of a 
natural or man-made disaster that caused physical property damage or 
failure that is not fully reimbursable by property, casualty or 
liability insurance or any other form of third-party compensation, such 
as disaster loans and grants from other agencies. To qualify for 
points, properties must have outstanding repair and rehabilitation 
needs stemming from the natural or man-made disaster that have not been 
remedied due to inadequate insurance/third-party compensation.
    (4) Projects with Existing MPR Debt Deferrals Expiring Prior to 
January 1, 2027 (5 points). Points are awarded to properties with an 
existing MPR debt deferral that is expiring prior to January 1, 2027. 
Documentation of the existing

[[Page 79239]]

loan deferral(s) must be provided with the application.
    (5) Projects Reaching Mortgage Maturity Prior to January 1, 2027 (5 
points). Points are awarded if all Agency loans on the property have 
maturity dates prior to January 1, 2027. If the applicant is proposing 
a consolidation of two or more properties into a single project, all 
Agency loans on the consolidated project must have loan maturity dates 
prior to January 1, 2027, to receive points.
    (6) Non-Selected Projects with a Complete Application Submitted for 
Section 515 Subsequent Loan Funding in FY2023 (5 points). Points are 
awarded to projects for which a complete application was submitted for 
an FY2023 Section 515 Subsequent Loan but the project was not selected 
for funding. Applicants must provide a copy of the letter from the 
Agency indicating that a complete application was received but the 
project was not selected for funding.
    (7) Immediate Capital Needs for Health, Safety and Accessibility 
Repairs (up to 20 points). To receive points, applicants must submit a 
Capital Needs Assessment that includes documentation of the immediate 
health, safety and accessibility (H/S/A) repairs required for the 
property. Points will be awarded based on the percentage of project 
construction costs allocated for immediate H/S/A repairs and 
improvements. To receive points, applicants must clearly document the 
immediate H/S/A repairs and calculate the cost of those repairs as a 
percentage of the total project construction costs. Points will be 
awarded as follows:

(a) Immediate H/S/A repairs >40% of construction costs: 20 points
(b) Immediate H/S/A repairs 31-40% of construction costs: 15 points
(c) Immediate H/S/A repairs 21-30% of construction costs: 10 points
(d) Immediate H/S/A repairs 11-20% of construction costs: 5 points

    (8) Energy Efficiency and Green Building (up to 5 points). Points 
will be awarded to applicants demonstrating through written narrative 
how the proposed repair project meets energy efficiency, pollution 
mitigation or clean energy goals through the following programs. 
Applicants must submit the corresponding checklist, registrations in 
programs, and commitments signed by the owner, the architect, 
applicable mechanical, electrical plumbing, and structural engineers, 
and other program-required green building professionals, energy 
modelers and raters as applicable to the programs selected for point 
consideration.
    (a) Program participation (3 points). Applicants will receive 
points for participation in one of the following programs:

<bullet> EPA's Energy Star Multifamily Certification or Energy Star 
Next Gen (https://www.energystar.gov/partner_resources/residential_new/homes_prog_reqs/multifamily_national_page)
<bullet> DOE Zero Energy Ready Homes (https://www.energy.gov/eere/buildings/zero-energy-ready-homes)
<bullet> Earth Advantage (https://www.earthadvantage.org/)
<bullet> Earthcraft Gold or Platinum (https://earthcraft.org/programs/earthcraft-house/)
<bullet> Green Communities program by the Enterprise Community Partners 
(2020 Criteria, EGC + Zero Ready/Phius) (https://www.enterprisecommunity.org/solutions-and-innovation/green-communities)
<bullet> Greenpoint Gold or Platinum (https://www.greenpointrated.com/greenpoint-rated/)
<bullet> The National Green Building Standard (-GBS)--Multifamily and 
Mixed Use (four levels of base certification, plus *NGBS Green + NET 
ZERO ENERGY CERTIFICATION) (https://www.homeinnovation.com/services/certification/green_homes/multifamily_certification)
<bullet> International Living Future Institute (ILFI) Living Building 
Challenge (LBC 4.0--Core Building Certification, *Zero Energy, *Zero 
Carbon) (https://living-future.org/lbc/)
<bullet> LEED V4 Homes and Multifamily Midrise, or LEED BD+C: Homes and 
Multifamily Lowrise LEED BD+C: Multifamily Midrise (four levels of 
certification, plus *LEED Zero) (https://www.usgbc.org/resources/leed-v4-homes-and-multifamily-midrise-current-version)
<bullet> Passive House Institute US, Inc. (Phius Core, *Phius Zero) 
(https://multifamily.phius.org/service-category/phius-within-reach)

    (b) Water Conservation (1 point). One point will be awarded for 
xeriscaping of site landscaping and/or water conservation in irrigation 
measures to include a recycled water (gray water or storm water) for 
landscape irrigation covering 50 percent or more of the property's site 
landscaping needs. To receive points, the architect or consulting 
landscape architect must illustrate in narrative, draft specifications, 
and schematic drawings how this will be achieved.
    (c) Property Management Credentials (1 point). One point will be 
awarded if the designated property management company or individuals 
that will assume maintenance and operation responsibilities upon 
completion of construction work have a Credential for Green Property 
Management. Credentialing can be obtained from the National Apartment 
Association (NAA), National Affordable Housing Management Association, 
The Institute for Real Estate Management, U.S. Green Building Council 
Leadership in Energy and Environmental Design (USGBC LEED) for 
Operations and Maintenance, or another source with a certifiable 
credentialing program. To receive points, credentialing must be 
illustrated in the resume(s) of the property management team and 
included with the application.
    All projects awarded scoring points for energy initiatives will be 
required to enroll the project in the EPA Portfolio Manager program and 
the associated EPA Water Score program to track post construction 
energy consumption data as well as water usage. More information about 
this program may be found at: https://www.energystar.gov/buildings/benchmark.
    (9) Leveraging Other Funding Sources (up to 15 points). Points will 
be allocated for applications that leverage other funds based on the 
percentage of leveraged funds. . Leveraged funds are defined as non-
Section 514/515/516/MPR funds, including third-party funds from equity, 
grants, loans and deferred developer fees. Points are calculated as 
follows:

(a) Leveraged funds/TDC is greater than 50%: 15 points
(b) Leveraged funds/TDC is 26-50%: 10 points
(c) Leveraged funds/TDC is 11-25%: 5 points

    (10) Projects Providing Access to Supportive Services for Tenants 
(5 points). Points are awarded to projects that employ a Service 
Coordinator, documented as a project expense in the most recent agency-
approved Form RD 3560-7 Multifamily Housing Project Budget/Utility 
Allowance, or include units designated as permanent supportive units or 
for homeless households, documented by an agreement with another 
Federal or State funding source. To receive points, the applicant must 
describe the basis for claiming points (i.e., service coordinator and/
or permanent supportive housing/homeless unit set-aside) and provide 
documentation to include the Form 3560-7 and/or an agreement describing 
the terms and conditions for the units designated as permanent 
supportive housing or for homeless households, as applicable.

[[Page 79240]]

    (11) Creating More and Better Markets: Assisting rural communities 
to recover economically through more and better market opportunities 
through improved infrastructure. (5 points). Applicants receive 
priority points if the project is located in or serving a rural 
community whose economic well-being ranks in the most distressed tier 
of the Distressed Communities Index. The Distressed Communities Index 
provides a score between 1-100 for every community at the zip code 
level. The most distressed tier of the index are those communities with 
a score over 80. Applicants should use the Distressed Communities Index 
Look-Up Map to determine if the project qualifies for priority points. 
Provide a copy of the map showing the project is eligible to claim 
points.

    Note:  U.S. Territories are considered distressed and qualify 
for priority points. For additional information on data sources used 
for this priority determination, please download the Data Sources 
for Rural Development Priorities document at the website: https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf. Additional information 
for priority points can be found on the following website: https://www.rd.usda.gov/priority-points.

    (12) Advancing Racial Justice, Place-Based Equity, and Opportunity: 
Ensuring all rural residents have equitable access to RD programs and 
benefits from RD funded projects. (5 points). Applicants receive 
priority points if the project is located in or serving a community 
with a score of 0.75 or above on the Centers for Disease Control and 
Prevention (CDC) Social Vulnerability Index. Applicants should use 
Social Vulnerability Index Map look up map or list to determine if the 
project qualifies for points. Provide a copy of the map showing the 
project is eligible to claim points. Applications from Federally 
Recognized Tribes, including Tribal instrumentalities and entities that 
are wholly owned by Tribes will receive points. Federally Recognized 
Tribes are classified as any Indian or Alaska Native Tribe, band, 
nation, pueblo, village, or community as defined by the Federally 
Recognized Indian Tribe List Act (List Act) of 1994 (Pub. L. 103-454). 
Please refer to the Bureau of Indian Affairs for a listing of Federally 
Recognized Tribes at 89 FR 944 (January 8, 2024) (https://www.federalregister.gov/documents/2024/01/08/2024-00109/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of). Additionally, projects where at least 50% of 
the project beneficiaries are members of Federally Recognized Tribes, 
will receive points if applications from non-Tribal applicants include 
a Tribal Resolution of Consent from the Tribe or Tribes that the 
applicant is proposing to serve. Note: U.S. Territories are considered 
socially vulnerable and qualify for points.
    An applicant would receive priority points if the project is an 
application from or benefiting a Rural Partner's Network's (RPN) 
community network. Currently RPN Networks exist in Alaska, Arizona, 
Georgia, Kentucky, Mississippi, Nevada, New Mexico, North Carolina, 
Puerto Rico, West Virginia, and Wisconsin. Use the Community Look-Up 
map available at www.rd.usda.gov/priority-points to determine if your 
project qualifies. Please provide a map or other documentation showing 
that the project is located in an RPN community network.
    For additional information on data sources used for this priority 
determination, please download the Data Sources for Rural Development 
Priorities document at the website: https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf. Additional 
information for priority points can be found on the following website: 
https://www.rd.usda.gov/priority-points.
    (13) Addressing Climate Change and Environmental Justice: Reducing 
climate pollution and increasing resilience to the impacts of climate 
change through economic support for rural communities (5 points). 
Applicants can receive points through one of the options listed below. 
A maximum of 5 points can be received even if the applicant meets the 
requirements for both options.
    Option 1: Points will be awarded if the project is located in or 
serves a Disadvantaged Community as defined by the Climate and Economic 
Justice Screening Tool (CEJST), from the White House Council on 
Environmental Quality (CEQ). CEJST is a tool to help Federal agencies 
identify disadvantaged communities that will benefit from programs 
included in the Justice40 initiative. Census tracts are considered 
disadvantaged if they meet the thresholds for at least one of the 
CEJST's eight (8) categories of burden: Climate, Energy, Health, 
Housing, Legacy Pollution, Transportation, Water and Wastewater, or 
Workforce Development.
    Option 2: Points will be awarded if the project is located in or 
serves an Energy Community as defined by the Inflation Reduction Act 
(IRA). The IRA defines energy communities as:
    <bullet> A ``brownfield site'' (as defined in certain subparagraphs 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA)).
    <bullet> A ``metropolitan statistical area'' or ``non-metropolitan 
statistical area'' that has (or had at any time after 2009).
    <bullet> 0.17% or greater direct employment or 25% or greater local 
tax revenues related to the extraction, processing, transport, or 
storage of coal, oil, or natural gas, and has an unemployment rate at 
or above the national average unemployment rate for the previous year.
    <bullet> A census tract (or directly adjoining census tract) in 
which a coal mine has closed after 1999, or in which a coal-fired 
electric generating unit has been retired after 2009.
    To determine if your project qualifies for points under Option 1 or 
Option 2, please use the Disadvantaged Community & Energy Community 
Look-Up Map on the following website: https://www.rd.usda.gov/priority-points. Provide a copy of the map showing the project is eligible to 
claim points.

K. Federal Award Administration Information

1. Federal Award Notices

    Successful applicants will receive notification by email for 
funding from the USDA Rural Development Office of Multifamily Housing. 
Applicants must comply with all applicable statutes and regulations 
before the award will be approved. Receipt of an award letter does not 
serve to authorize the applicant to commence performance under the 
award. Award letters will include conditions that must be met prior to 
award closing. Unsuccessful applications will receive notification by 
email, detailing why the application was unsuccessful.

2. Administrative and National Policy Requirements

    There are no known unusual Administrative and National Policy 
Requirements associated with this program under this Notice.

3. Reporting

    Performance reporting, including applicable forms, narratives, and 
other documentation, are to be completed and submitted in accordance 
with the provisions of 7 CFR 3560.308 and the Grant Agreement.
    Borrowers must maintain separate financial records for the 
operation and maintenance of the project and for tenant services. 
Tenant services will not be funded by RHS. Funds allocated to the 
operation and maintenance of the project may not be used to supplement

[[Page 79241]]

the cost of tenant services, nor may tenant service funds be used to 
supplement the project operation and maintenance. Detailed financial 
reports regarding tenant services will not be required unless 
specifically requested by RHS, and then only to the extent necessary 
for RHS and the borrower to discuss the affordability (and 
competitiveness) of the service provided to the tenant. The project 
audit, or verification of accounts on Form RD 3560-10, ``Borrower 
Balance Sheet,'' together with an accompanying Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance,'' must 
allocate revenue and expenses between project operations and the tenant 
services component.

L. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact 
Jonathan D. Bell, Director, Processing and Report Review Branches, 
Production and Preservation Division, MFH, RD, USDA, via email: 
<a href="/cdn-cgi/l/email-protection#b5f8f3fdc5c7dad6d0c6c6dcdbd284f5c0c6d1d49bd2dac3"><span class="__cf_email__" data-cfemail="f5b8b3bd85879a969086869c9b92c4b580869194db929a83">[email protected]</span></a> or telephone: (202) 205-9217.

M. Build America, Buy America

    Funding to Non-Federal Entities: For-profit entities and other 
entities not included in the definition of Non-Federal Entities, 
defined pursuant to 2 CFR 200.1, are not subject to the Build America, 
Buy America Act (BABAA). The Infrastructure Investment and Jobs Act 
(IIJA) (Pub. L. 117-58), requires the following Buy America preference 
for the Multifamily Housing Revitalization Demonstration Program (MPR) 
(Assistance Listing 10.447) and the Section 515 Direct Loan program:
    (a) All iron and steel used in the project are produced in the 
United States. This means all manufacturing processes, from the initial 
melting stage through the application of coatings, occurred in the 
United States.
    (b) All manufactured products used in the project are produced in 
the United States. This means the manufactured product was manufactured 
in the United States, and the cost of the components of the 
manufactured product that are mined, produced, or manufactured in the 
United States is greater than 55 percent of the total cost of all 
components of the manufactured product, unless another standard for 
determining the minimum amount of domestic content of the manufactured 
product has been established under applicable law or regulation.
    (c) All construction materials are manufactured in the United 
States. This means that all manufacturing processes for the 
construction material occurred in the United States.
    Awards under this announcement for infrastructure projects to non-
Federal entities, defined pursuant to 2 CFR 200.1 as any State, local 
government, Indian Tribe, Institution of Higher Education, or nonprofit 
organization, shall be governed by the requirements of Section 70914 of 
BABAA within the IIJA, and its implementing regulations. Infrastructure 
projects include structures, facilities, and equipment that generate, 
transport, and distribute fuel or energy, including electric vehicle 
(EV) charging stations. Infrastructure projects also include 
structures, facilities, and equipment for roads, highways, and bridges; 
public transportation; dams, ports, harbors, and other maritime 
facilities; intercity passenger and freight railroads; freight and 
intermodal facilities; airports; water systems, including drinking 
water and wastewater systems; electrical transmission facilities and 
systems; utilities; broadband infrastructure; and buildings and real 
property.
    In accordance with BABAA, however, USDA has determined that de 
minimis, small grants, and minor components shall be waived from the 
requirements of BABAA, pursuant to a public interest waiver that was 
granted to the Department on September 13, 2022. Under such waiver, 
small grants below the Simplified Acquisition Threshold, which is 
currently set at $250,000 shall not be subject to BABAA. Additionally, 
de minimis and minor components, as described in the Department waiver, 
are also not subject to BABAA.
    Applicants and projects that are subject to BABAA may request other 
specific waivers, pursuant to the requirements posted at the USDA 
Office of the Chief Financial Officer Office website: https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.

N. Other Information

    (a) Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. chapter 35), the information 
collection requirements associated with the programs, as covered in 
this Notice, have been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 0570-0190.
    (b) National Environmental Policy Act. All recipients under this 
Notice are subject to the requirements of 7 CFR part 1970.
    (c) Federal Funding Accountability and Transparency Act. All 
applicants, in accordance with 2 CFR part 25 (https://www.ecfr.gov/current/title-2/part-25), must be registered in SAM and have a UEI 
number as stated in ``GENERAL SECTION'' of this Notice. All recipients 
of Federal financial assistance are required to report information 
about first-tier sub-awards and executive total compensation in 
accordance with 2 CFR part 170 (https://www.ecfr.gov/current/title-2/part-170).
    (d) Debarment and Suspension. Applicants are not eligible if they 
have been debarred or suspended or otherwise excluded from, or 
ineligible for, participation in Federal assistance programs under 2 
CFR parts 180 and 417. The Applicant will be required to comply with 
the requirement in 2 CFR 180.335.
    (e) Civil Rights Act. All grants made under this Notice are subject 
to title VI of the Civil Rights Act of 1964 as required by the USDA (7 
CFR part 15, subpart A, and section 504 of the Rehabilitation Act of 
1973, title VIII of the Civil Rights Act of 1968, title IX, Executive 
Order 13166 (Limited English Proficiency), Executive Order 11246, and 
the Equal Credit Opportunity Act of 1974.
    (f) Non-Discrimination Policy. In accordance with Federal civil 
rights laws and USDA civil rights regulations and policies, the USDA, 
its Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, family/parental status, income derived 
from a public assistance program, political beliefs, or reprisal or 
retaliation for prior civil rights activity, in any program or activity 
conducted or funded by USDA (not all bases apply to all programs). 
Remedies and complaint filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office or the 711 Federal 
Relay Service.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 
632-9992, or by writing a letter addressed to USDA. The letter must 
contain the complainant's name, address, telephone number, and a 
written description of the

[[Page 79242]]

alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: <a href="/cdn-cgi/l/email-protection#bfefcdd0d8cdded291f6d1cbded4daffcaccdbde91d8d0c9"><span class="__cf_email__" data-cfemail="4c1c3e232b3e2d21620522382d27290c393f282d622b233a">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.


Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-22177 Filed 9-24-24; 4:15 pm]
BILLING CODE 3410-XV-P


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