17666 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4224–N–01]

NOFA for Mainstream Housing

Opportunities for Persons With

Disabilities (Mainstream Program),

Fiscal Year 1997

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

(NOFA) for FY 1997.

SUMMARY: This notice announces the

availability in FY 1997 of up to $48.5

million in five-year budget authority for

Section 8 rental vouchers and

certificates for persons with disabilities.

This funding will support

approximately 2,000 rental vouchers or

certificates. Housing agencies (HAs),

including Indian Housing Authorities,

are invited to respond to this NOFA.

The purpose of the Mainstream

Program is to provide rental vouchers or

certificates to enable persons with

disabilities to rent affordable private

housing.

DATES: The application deadline for the

Mainstream Program NOFA is June 9,

1997, 3:00 p.m., local HUD Office time.

The above-stated application deadline

is firm as to date and hour. In the

interest of fairness to all competing

HAs, HUD will treat as ineligible for

consideration any application that is not

received before the application

deadline. The $48.5 million in funding

available under this NOFA will be used

to approve HA applications. HUD will

fund by lottery if it receives approvable

applications for more funds than are

available under this NOFA.

Applicants should submit their

materials as early as possible to avoid

any risk of loss of eligibility because of

unanticipated delays or other deliveryrelated problems. HUD will not accept,

at any time during the NOFA

competition, application materials sent

by facsimile (FAX) transmission.

ADDRESSES: The local HUD State or Area

Office, Attention: Director, Office of

Public Housing, is the official place of

receipt for all applications, except

applications from Indian Housing

Authorities (IHAs). HUD’s local Office

of Native American Programs,

Attention: Administrator, Office of

Native American Programs, is the place

of official receipt for IHA applications.

For ease of reference, the term ‘‘HUD

Office’’ will be used throughout this

NOFA to mean the HUD State Office,

and HUD Area Office, and HUD’s local

Office of Native American Programs. If

a particular type of HUD Office needs to

be identified, e.g., HUD’s local Office of

Native American Programs, the

appropriate office will be used.

FOR FURTHER INFORMATION CONTACT:

Gerald J. Benoit, Director, Operations

Division, Office of Rental Assistance,

Department of Housing and Urban

Development, 451 Seventh Street, SW.,

Washington, DC 20410–8000, telephone

number (202) 708–0477 (this is not a

toll-free number). For hearing-and

speech-impaired persons, this number

may be accessed by TTY (text

telephone) by calling the Federal

Information Relay Service at 1–800–

877–8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The Section 8 information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), and

assigned OMB control number 2577–

0169. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number.

Promoting Comprehensive Approaches

to Housing and Community

Development

HUD wants to promote

comprehensive, coordinated approaches

to housing and community

development. Economic development,

community development, public

housing revitalization, homeownership,

assisted housing for special needs

populations, supportive services, and

welfare-to-work initiatives can work

better if linked at the local level.

Toward this end, the Department in

recent years has developed the

Consolidated Planning process designed

to help communities undertake such

approaches.

In this spirit, it may be helpful for

applicants under this NOFA to be aware

of other related HUD NOFAs that have

recently been published or are expected

to be published in this fiscal year. By

reviewing these NOFAs with respect to

their program purposes and the

eligibility of applicants and activities,

applicants may be able to relate the

activities proposed for funding under

this NOFA to the recent and upcoming

NOFAs and to the community’s

Consolidated Plan.

Elsewhere in today’s Federal Register,

the Department has published a related

NOFA concerning Rental Assistance for

Persons with Disabilities in Support of

Designated Housing Allocation Plans.

On April 8, 1997, the Department

published in the Federal Register the

NOFA for Continuum of Care

Assistance. Other related NOFAs the

Department expects to publish in the

Federal Register within the next few

weeks include: the Family Unification

NOFA, the Housing Opportunities for

Persons with Aids NOFA, the

Supportive Housing for the Elderly

NOFA, and the Supportive Housing for

Persons with Disabilities NOFA.

To foster comprehensive, coordinated

approaches by communities, the

Department intends for the remainder of

FY 1997 to continue to alert applicants

of HUD’s NOFA activity. In addition, a

complete schedule of NOFAs to be

published during the fiscal year and

those already published appears under

the HUD Homepage on the Internet,

which can be accessed at http://

www.hud.gov.nofas.html. Additional

steps to better coordinate HUD’s NOFAs

are being considered for FY 1998.

For help in obtaining a copy of your

community’s Consolidated Plan, please

contact the community development

office of your municipal government.

Family Self-Sufficiency (FSS) Program

Requirement

Unless specifically exempted by HUD,

all rental certificate funding reserved in

FY 1997 (except funding for renewals or

amendments) will be used to establish

or contribute to the minimum size of an

HA’s FSS program.

A. Purpose and Substantive Description

of Mainstream Program

(1) Authority

Legislative authority for the $48.5

million in five-year budget authority

available under this NOFA (general use

rental assistance for persons with

disabilities) is found in the Departments

of Veterans Affairs and Housing and

Urban Development, and Independent

Agencies Appropriations Act, 1997

(Pub. L. No. 104–204, 110 Stat. 2874, at

2882, approved September 26, 1996)

which states that the Secretary may

designate up to 25 percent of the

amounts earmarked for Section 811 of

the National Affordable Housing Act of

1990 (42 U.S.C. 8013) for tenant-based

assistance, as authorized under that

section.

(2) Background

The Secretary has established a

Mainstream Housing Opportunities for

Persons with Disabilities Program

(Mainstream Program) to provide rental

voucher or certificates to enable persons

with disabilities to rent affordable

private housing of their choice.
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17667

The Mainstream Program will assist

HAs in providing Section 8 rental

vouchers and certificates to a segment of

the population recognized by HUD’s

housing research as having one of the

worst case housing needs of any group

in the United States; i.e., very lowincome households with adults with

disabilities. In addition, the Mainstream

Program will assist persons with

disabilities who often face difficulties in

locating suitable and accessible housing

on the private market.

(a) Application Funding. HUD will

award funding for rental vouchers or

certificates under the Mainstream

Program to HAs that submit an

application for rental assistance for

persons with disabilities, and that

currently administer a Section 8 rental

voucher or certificate program. HUD

will make available approximately 2,000

Section 8 rental vouchers and

certificates for HAs to increase the

supply of mainstream housing

opportunities available to persons with

disabilities. HUD will select HA

applications for funding by lottery in

the event approvable applications are

received for more funding than is

available under this NOFA.

(b) Limit on Rental Assistance

Requested. An eligible HA may apply

for up to 100 rental vouchers or

certificates.

(3) Guidelines

(a) Definitions

Disabled Family. A family whose

head, spouse or sole member is a person

with disabilities. The term ‘‘disabled

family’’ may include two or more

persons with disabilities living together,

and one or more persons with

disabilities living with one or more livein aides. A disabled family may include

a person with disabilities who is

elderly.

Person with disabilities. A person

who—

(a) Has a disability as defined in

section 223 of the Social Security Act

(42 U.S.C. 423), or

(b) Is determined to have a physical,

mental or emotional impairment that:

(i) Is expected to be of long-continued

and indefinite duration;

(ii) Substantially impedes his or her

ability to live independently; and

(iii) Is of such a nature that such

ability could be improved by more

suitable housing conditions, or

(c) Has a developmental disability as

defined in section 102 of the

Developmental Disabilities Assistance

and Bill of Rights Act (42 U.S.C.

6001(5)).

The term ‘‘person with disabilities’’

does not exclude persons who have the

disease of acquired immunodeficiency

syndrome (AIDS) or any conditions

arising from the etiologic agent for

acquired immunodeficiency syndrome

(HIV).

Section 8 search assistance.

Assistance to increase access by

program participants to housing units in

a variety of neighborhoods (including

areas with low poverty concentrations)

and to locate and obtain units suited to

their needs.

(b) Eligible HAs. HAs that currently

administer a Section 8 rental voucher or

certificate program may apply for

funding under this NOFA.

Some housing agencies currently

administering the Section 8 rental

voucher and certificate programs have,

at the time of publication of this NOFA,

major program management findings

that are open and unresolved or other

significant program compliance

problems (e.g., HA has not implemented

mandatory FSS Program). HUD will not

accept applications for additional

funding from these HAs as contract

administrators if, on the application

deadline date, the findings are not

closed to HUD’s satisfaction. If the HA

wants to apply for funding under this

NOFA, the HA must submit an

application that designates another

housing agency, nonprofit agency, or

contractor, that is acceptable to HUD.

The HA’s application must include an

agreement by the other housing agency,

nonprofit agency, or contractor to

administer the new funding increment

on behalf of the HA, and a statement

that outlines the steps the HA is taking

to resolve the program findings.

Immediately after the publication of this

NOFA, the Office of Public Housing in

the local HUD Office will notify, in

writing, those HAs that are not eligible

to apply without such an agreement.

The HA may appeal the decision, if

HUD has mistakenly classified the HA

as having outstanding management or

compliance problems. Any appeal must

be accompanied by conclusive evidence

of HUD’s error and must be received

prior to the application deadline. HUD

will reject applications submitted by

these HAs without an agreement from

another housing agency, nonprofit

agency, or contractor, approved by

HUD, to administer the new funding

increment on behalf of the HA.

(c) Eligible Participants

Only a disabled family may receive a

rental voucher or certificate awarded

under the mainstream program.

Applicants with disabilities will be

selected from the HA’s Section 8

waiting list.

(d) Rental Voucher and Certificate

Assistance

(i) Section 8 regulations. HAs must

administer the Mainstream Program in

accordance with HUD regulations and

requirements governing the Section 8

rental voucher and certificate programs.

(ii) Section 8 admissions

requirements. Section 8 assistance must

be provided to eligible applicants in

conformity with regulations and

requirements governing the Section 8

program and the HA’s administrative

plan.

If there is ever an insufficient pool of

disabled families on the HA Section 8

waiting list, an HA shall conduct

outreach to encourage eligible persons

to apply for this special allocation of

rental vouchers and certificates.

Outreach may include contacting

independent living centers, advocacy

organizations for persons with

disabilities, and medical, mental health,

and social service providers for referrals

of persons receiving such services who

would benefit from Section 8 assistance.

If the HA’s Section 8 waiting list is

closed, and if the HA has insufficient

applicants on its Section 8 waiting list

to use all awarded rental vouchers and

certificates under this NOFA, the HA

shall open the waiting list to disabled

families.

(iii) Turnover. When a rental voucher

or certificate under this NOFA becomes

available for reissue (e.g., the family

initially selected for the program drops

out of the program or is unsuccessful in

the search for a unit), the rental

assistance may be used only for another

individual or family eligible for

assistance under this NOFA for five

years from the date the rental assistance

is placed under an annual contributions

contract (ACC).

(e) HA Responsibilities

In addition to HA responsibilities

under the Section 8 rental voucher and

certificate programs and HUD

regulations concerning

nondiscrimination based on disability

(24 CFR 8.28) and to affirmatively

further fair housing, HAs that receive

rental voucher or certificate funding

shall:

(i) Where requested by an individual,

assist program participants to gain

access to supportive services available

within the community but not require

eligible applicants or participants to

accept supportive services as a

condition of participation or continued

occupancy in the program.

(ii) Identify public and private

funding sources to assist participants in

covering the costs of modifications that
17668 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

need to be made to their units as a

reasonable accommodation for their

disabilities.

(iii) Not deny persons who qualify for

rental assistance under this program

other housing opportunities, or

otherwise restrict access to HA

programs to eligible applicants who

choose not to participate.

(iv) Provide Section 8 search

assistance.

B. Mainstream Program Allocation

Amounts

This NOFA announces the availability

of up to $48.5 million (approximately)

of five-year budget authority that will

support about 2,000 rental vouchers or

certificates for rental assistance for

disabled families.

C. Application Submission

Requirements

(1) Form HUD–52515

All HAs must complete and submit

form HUD–52515, Funding Application,

for the Section 8 rental certificate

program (dated January 1996). This form

was recently revised to include all

necessary certifications for Fair

Housing, Drug Free Workplace and

Lobbying Activities; therefore, HAs can

complete and sign the new form HUD–

52515 to provide these required

certifications. An application must

include the information in Section C,

Average Monthly Adjusted Income, of

form HUD–52515 in order for HUD to

calculate the amount of Section 8

budget authority necessary to fund the

requested number of units. Copies of

form HUD–52515 may be obtained from

the local HUD Office or may be

downloaded from the HUD Home Page

site on the Internet’s world wide web

(http://www.hud.gov).

A regional (multicounty) or State HA

may submit a separate application for a

specific county or municipality for

which it administers a HUD-approved

residency preference in addition to its

rental voucher or certificate program. If

the regional or State HA has no such

specific county or municipality for

which it wants to apply separately for

rental assistance under this NOFA, the

HA may only submit a single

application.

(2) Local Government Comments

Section 213 of the Housing and

Community Development Act of 1974

(42 U.S.C. 1439) requires that HUD

independently determine that there is a

need for the housing assistance

requested in applications and solicit

and consider comments relevant to this

determination from the chief executive

officer of the unit of general local

government. The HUD Office will obtain

Section 213 comments from the unit of

general local government in accordance

with 24 CFR part 791, subpart C,

Applications for Housing Assistance in

Areas Without Housing Assistance

Plans. Comments submitted by the unit

of general local government must be

considered before an application can be

approved.

For purposes of expediting the

application process, the HA needs to

encourage the chief executive officer of

the unit of general local government to

submit a letter with the HA application

commenting on the HA application in

accordance with Section 213. Because

HUD cannot approve an application

until the 30-day comment period is

closed, the Section 213 letter needs to

not only comment on the application,

but also state that HUD may consider

the letter to be the final comments and

that no additional comments will be

forthcoming from the unit of general

local government.

(3) Letter of Intent and Narrative

All the items in this Section must be

included in the application submitted to

the HUD Office. The HA must state in

its cover letter to the application

whether it will accept a reduction in the

number of rental vouchers or

certificates, and the minimum number

of rental vouchers or certificates it will

accept, since the funding is limited and

HUD may only have enough funds to

approve a smaller amount than the

number of rental vouchers or certificates

requested. The maximum number of

rental vouchers or certificates that an

HA may apply for under this NOFA is

limited to 100, or such smaller number

that the HA can lease within one year.

A regional or State HA may not apply

for more than 100 rental vouchers or

certificates for each of the specific

communities in which it administers a

residency preference. If the regional or

State HA has no such specific

communities for which it wishes to

apply for rental assistance, the HA shall

be limited to one application for up to

a maximum of 100 rental vouchers or

certificates.

(4) Description of Need for Mainstream

Program Rental Assistance

The application must demonstrate a

need for Mainstream Program rental

vouchers or certificates by providing

information documenting that the

demand for housing for persons with

disabilities would equal or exceed the

requested number of rental vouchers or

certificates (not to exceed a maximum of

100). The HA must assess and document

the housing need for persons with

disabilities using a range of sources

including, but not limited to: census

data, information from the HA’s waiting

list (both public housing and Section 8),

statistics on recent public housing

admissions and rental certificate and

voucher use, data from local advocacy

groups and local public and private

service agencies familiar with the

housing needs of persons with

disabilities, and pertinent information

from the Consolidated Plan applicable

to the HA’s jurisdiction. (See 24 CFR

91.205(d).)

(5) Mainstream Program Operating Plan

The application must include a

description of an adequate plan for

operating a program to serve eligible

persons with disabilities, including:

(a) A description of how the HA will

carry out its responsibilities under 24

CFR 8.28 to assist recipients in locating

units with needed accessibility features;

and

(b) A description of how the HA will

identify private or public funding

sources to help participants cover the

costs of modifications that need to be

made to their units as reasonable

accommodations to their disabilities.

D. Corrections to Deficient Mainstream

Program Applications

(1) Acceptable Applications

To be eligible for processing, an

application must be received by the

appropriate HUD Office no later than

the date and time specified in this

NOFA. The HUD Office will initially

screen all applications and notify HAs

of technical deficiencies by letter.

If an application has technical

deficiencies, the HA will have 14

calendar days from the date of the

issuance of the HUD notification letter

to submit the missing or corrected

information to the HUD Office before

the application can be considered for

further processing by HUD. Curable

technical deficiencies relate only to

items that do not improve the

substantive quality of the application.

All HAs must submit corrections

within 14 calendar days from the date

of the HUD letter notifying the applicant

of any such deficiency. Information

received after 3 p.m. local time (i.e., the

time in the appropriate HUD Office), of

the 14th calendar day of the correction

period will not be accepted and the

application will be rejected as

incomplete.

(2) Unacceptable Applications

(a) After the 14-calendar day technical

deficiency correction period, the HUD
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17669

Office will disapprove HA applications

that it determines are not acceptable for

processing. The HUD Office notification

of rejection letter must state the basis for

the decision.

(b) Applications that fall into any of

the following categories will not be

processed:

(i) There is a pending civil rights suit

against the HA instituted by the

Department of Justice or there is a

pending administrative action for civil

rights violations instituted by HUD

(including a charge of discrimination

under the Fair Housing Act).

(ii) There has been an adjudication of

a civil rights violation in a civil action

brought against the HA by a private

individual, unless the HA is operating

in compliance with a court order or

implementing a HUD-approved resident

selection and assignment plan or

compliance agreement designed to

correct the areas of noncompliance.

(iii) There are outstanding findings of

noncompliance with civil rights

statutes, Executive Orders, or

regulations, as a result of formal

administrative proceedings, or the

Secretary has issued a charge against the

applicant under the Fair Housing Act,

unless the applicant is operating under

a conciliation or compliance agreement

designed to correct the areas of

noncompliance.

(iv) HUD has denied application

processing under Title VI of the Civil

Rights Act of 1964, the Attorney

General’s Guidelines (28 CFR 50.3), and

the HUD Title VI regulations (24 CFR

1.8) and procedures (HUD Handbook

8040.1), or under section 504 of the

Rehabilitation Act of 1973 and HUD

regulations (24 CFR 8.57).

(v) The HA has serious unaddressed,

outstanding Inspector General audit

findings, Fair Housing and Equal

Opportunity monitoring and

compliance review findings, or HUD

management review findings for its

rental voucher or rental certificate

programs. HA has serious

underutilization of rental vouchers or

certificates not attributable to the three

month statutory delay for the reissuance

of rental vouchers and certificates. The

only exception to this category is if the

HA has been identified under the policy

established in section A.(3)(b) of this

NOFA and the HA makes application

with a designated contract

administrator.

(vi) The HA is involved in litigation

and HUD determines that the litigation

may seriously impede the ability of the

HA to administer the rental vouchers or

certificates.

(vii) An HA application that does not

comply with the requirements of 24 CFR

982.102 and this NOFA after the

expiration of the 14-calendar day

technical deficiency correction period

will be rejected from processing.

(viii) An HA application submitted

after the deadline date.

E. Mainstream Program Application

Selection Process

After the HUD Office has screened HA

applications and disapproved any

applications found unacceptable for

further processing, the HUD Office will

review all acceptable applications to

ensure that they are technically

adequate and responsive to the

requirements of the NOFA. Each HUD

Office will send to HUD Headquarters

the following information on each

application that is found technically

adequate and responsive:

(a) Name and address of the HA;

(b) HUD Office contact person and

telephone number;

(c) The completed fund reservation

worksheet, indicating the number of

Section 8 rental vouchers or certificates

requested in the HA application and

approved by the HUD Office during the

course of its review, and the

corresponding budget authority.

Headquarters will fund all

applications from HAs that are

recommended for funding by the HUD

Offices, unless HUD receives approvable

applications for more funds than are

available. If HUD receives approvable

applications for more funds than are

available, HUD will select applicants to

be funded by lottery. All HAs identified

by the HUD Offices as having submitted

technically adequate and responsive

applications will be included in the

lottery. As HAs are selected, the cost of

funding the applications will be

subtracted from the funds available. In

order to achieve geographic diversity,

HUD Headquarters will limit the

number of applications selected for

funding from any state to 10 percent of

the budget authority available for the

general use Mainstream Program.

However, if establishing this geographic

limit would result in unreserved budget

authority, HUD may modify this limit to

assure that all available funds are used.

Applications will be funded for the

total number of units requested by the

HA and approved by the HUD Office

(not to exceed 100 units) in accordance

with the NOFA. However, when

remaining budget authority is

insufficient to fund the last selected HA

application in full, HUD Headquarters

will fund that application to the extent

of the funding available, unless the HA’s

application indicates it will only accept

a higher number of units. In that event,

the next selected application shall be

one which has indicated a willingness

to accept the lesser amount of funding

for units available.

F. Other Matters

Catalog of Federal Domestic Assistance

The Federal Domestic Assistance

numbers for this program are: 14.855

and 14.857.

Environmental Impact

This NOFA provides funding under,

and does not alter environmental

requirements of, 24 CFR part 982. This

NOFA provides funding only for tenantbased assistance, which is a categorical

exclusion not subject to the individual

environmental compliance requirements

cited in 24 CFR 50.4. The regulations

referred to above, therefore, do not

contain environmental review

requirements. Accordingly, under 24

CFR 50.19 (c)(5) this NOFA is

categorically excluded from

environmental review requirements

under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321).

Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this notice will not have substantial

direct effects on States or their political

subdivisions, or the relationship

between the Federal Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. As a

result, the notice is not subject to review

under the Order. This notice is a

funding notice and does not

substantially alter the established roles

of the Department, the States, and local

governments, including HAs.

Impact on the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this notice does not

have potential for significant impact on

family formation, maintenance, and

general well-being within the meaning

of the Executive Order and, thus, is not

subject to review under the Order. This

is a funding notice and does not alter

program requirements concerning

family eligibility.

Accountability in the Provision of HUD

Assistance

Section 102 of the Department of

Housing and Urban Development

Reform Act of 1989 (HUD Reform Act)

and the final rule codified at 24 CFR

part 4, subpart A, published on April 1,

1996 (61 FR 1448), contain a number of
17670 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

provisions that are designed to ensure

greater accountability and integrity in

the provision of certain types of

assistance administered by HUD. On

January 14, 1992, HUD published, at 57

FR 1942, a notice that also provides

information on the implementation of

section 102. The documentation, public

access, and disclosure requirements of

section 102 are applicable to assistance

awarded under this NOFA as follows:

a. Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this NOFA are sufficient to

indicate the basis upon which

assistance was provided or denied. This

material, including any letters of

support, will be made available for

public inspection for a five-year period

beginning not less than 30 days after the

award of the assistance. Material will be

made available in accordance with the

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

552) and HUD’s implementing

regulations at 24 CFR part 15. In

addition, HUD will include the

recipients of assistance pursuant to this

NOFA in its Federal Register notice of

all recipients of HUD assistance

awarded on a competitive basis.

b. Disclosures. HUD will make

available to the public for five years all

applicant disclosure reports (HUD Form

2880) submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 15.

Section 103 HUD Reform Act

Section 103 of the Department of

Housing and Urban Development

Reform Act of 1989, and HUD’s

implementing regulation codified at

subpart B of 24 CFR part 4, applies to

the funding competition announced

today. These requirements continue to

apply until the announcement of the

selection of successful applicants. HUD

employees involved in the review of

applications and in the making of

funding decisions are limited by section

103 from providing advance information

to any person (other than an authorized

employee of HUD) concerning funding

decisions, or from otherwise giving any

applicant an unfair competitive

advantage. Persons who apply for

assistance in this competition should

confine their inquiries to the subject

areas permitted under section 103 and

subpart B of 24 CFR part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Office of Ethics (202) 708–

3815. (This is not a toll-free number.)

For HUD employees who have specific

program questions, such as whether

particular subject matter can be

discussed with persons outside HUD,

the employee should contact the

appropriate Field Office Counsel, or

Headquarters counsel for the program to

which the question pertains.

Prohibition Against Lobbying Activities

Applicants for funding under this

NOFA are subject to the provisions of

Section 319 of the Department of

Interior and Related Agencies

Appropriation Act for Fiscal Year 1991,

31 U.S.C. Section 1352 (the Byrd

Amendment) and to the provisions of

the Lobbying Disclosure Act of 1995,

Public Law 104–65 (December 19,

1995).

The Byrd Amendment, which is

implemented in regulations at 24 CFR

Part 87, prohibits applicants for Federal

contracts and grants from using

appropriated funds to attempt to

influence Federal Executive or

legislative officers or employees in

connection with obtaining such

assistance, or with its extension,

continuation, renewal, amendment or

modification. The Byrd Amendment

applies to the funds that are the subject

of this NOFA. Therefore, applicants

must file a certification stating that they

have not made and will not make any

prohibited payments and, if any

payments or agreement to make

payments of nonappropriated funds for

these purposes have been made, a form

SF-LLL disclosing such payments must

be submitted. The certification and the

SF-LLL are included in the application

package.

The Lobbying Disclosure Act of 1995,

Public Law 104–65 (December 19,

1995), which repealed Section 112 of

the HUD Reform Act and resulted in the

elimination of the regulations at 24 CFR

Part 86, requires all persons and entities

who lobby covered Executive or

Legislative Branch officials to register

with the Secretary of the Senate and the

Clerk of the House of Representatives

and file reports concerning their

lobbying activities.

Dated: April 7, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–9333 Filed 4–9–97; 8:45 am]

BILLING CODE 4210–33–P