23988 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4364–N–01]

Super Notice of Funding Availability

(SuperNOFA) for Targeted Housing

and Homeless Assistance Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding

Availability (SuperNOFA) for Targeted

Housing and Homeless Assistance

Programs.

SUMMARY: This Super Notice of Funding

Availability (SuperNOFA) announces

the availability of approximately

$1,196,920,112 in HUD program funds

covering six (6) Targeted Housing and

Homeless Assistance Programs operated

and managed by HUD’s Office of

Community Planning and Development

(CPD) and HUD’s Office of HousingFederal Housing Administration (FHA).

The General Section of this SuperNOFA

contains the procedures and

requirements applicable to all programs.

The applications for funding for these

programs have been consolidated into

four applications. The Programs Section

of this SuperNOFA contains a

description of the specific programs for

which funding is made available under

this SuperNOFA and additional

procedures and requirements that are

applicable to each.

APPLICATION DUE DATES: The information

contained in this APPLICATION DUE DATES

section applies to all programs

contained in this SuperNOFA.

Completed applications must be

submitted to HUD no later than the

deadline established for the program for

which you are seeking funding.

Applications may not be sent by

facsimile (FAX). See the Program Chart

for specific application due dates.

ADDRESSES AND APPLICATION SUBMISSION

PROCEDURES: Addresses. Completed

applications must be submitted to the

location specified in the Programs

Section of this SuperNOFA. When

submitting your application, please refer

to the program name for which you are

seeking funding.

For Applications to HUD

Headquarters. Applications to be

submitted to HUD Headquarters are due

at: Department of Housing and Urban

Development, 451 Seventh Street, SW,

Room llll (See Program Chart or

Programs Section for room location),

Washington DC 20410.

For Applications to HUD Field

Offices. For those programs for which

applications are due to the HUD Field

Offices, please see the Programs Section

for the exact locations for submission.

Applications Procedures. Mailed

Applications. Applications will be

considered timely filed if postmarked

on or before 12:00 midnight on the

application due date and received by

the designated HUD Office on or within

ten (10) days of the application due

date.

Applications Sent by Overnight/

Express Mail Delivery. Applications sent

by overnight delivery or express mail

will be considered timely filed if

received before or on the application

due date, or upon submission of

documentary evidence that they were

placed in transit with the overnight

delivery service by no later than the

specified application due date.

Hand Carried Applications. For

applications submitted to HUD

Headquarters, hand carried applications

delivered before and on the application

due date must be brought to the

specified location and room number

between the hours of 8:45 am to 5:15

pm, Eastern time. Applications hand

carried on the application due date will

be accepted in the South Lobby of the

HUD Headquarters Building at the

above address from 5:15 pm until 12:00

midnight, Eastern time. Applications

due to HUD Field Office locations must

be delivered to the appropriate HUD

Field Office in accordance with the

instructions specified in the Programs

Section of the SuperNOFA.

For applications submitted to the

HUD Field Offices, hand carried

applications will be accepted during

normal business hours before the

application due date. On the application

due date, business hours will be

extended to 6:00 p.m. local time. (Please

see Appendix A to this SuperNOFA

listing the hours of operations for the

HUD Field Offices.)

COPIES OF APPLICATIONS TO HUD OFFICES.

The Programs Section of this

SuperNOFA may specify that to

facilitate processing and review of your

submission a copy of the application

also be sent to an additional HUD

location (for example, a copy to the

HUD Field Office if the original

application is to be submitted to HUD

Headquarters, or a copy to HUD

Headquarters, if the original application

is to be submitted to a HUD Field

Office). Please follow the requirements

of the Programs Section to ensure that

you submit your application to the

proper location. HUD requests

additional copies in order to

expeditiously review your application

and appreciates your assistance in

providing the copies. Please note that

for those applications for which copies

are being submitted to the Field Offices

and HUD Headquarters, timeliness of

submission will be based on the time

the application is received at HUD

Headquarters.

FOR APPLICATION KITS, FURTHER

INFORMATION AND TECHNICAL ASSISTANCE:

The information contained in this

section is applicable to all programs

contained in this SuperNOFA.

For Application Kits and SuperNOFA

User Guide. HUD is pleased to provide

you with application kits and/or a

guidebook to all HUD programs. When

requesting an application kit, please

refer to the program name of the

application kit you are interested in

receiving. Please be sure to provide your

name, address (including zip code), and

telephone number (including area code).

Requests for application kits should

be made immediately to ensure

sufficient time for application

preparation. We will distribute

application kits as soon as they become

available.

The SuperNOFA Information Center

(1–800–HUD–8929) can provide you

with assistance, application kits, and

guidance in determining which HUD

Office(s) should receive a copy of your

application. Persons with hearing or

speech impairments may call the

Center’s TTY number at 1–800–483–

2209.

Consolidated Application

Submissions. Where an applicant can

apply for funding under more than one

program in this SuperNOFA, the

applicant need only submit one

originally signed SF–424 and one set of

original signatures for the other required

assurances and certifications,

accompanied by the matrix contained in

each application kit. As long as the

applicant submits one originally signed

set of these documents with an

application, only copies of these

documents are required to be submitted

with any additional application

submitted by the applicant. The

application should identify the program

for which the original signatures for

assurances and certifications is being

submitted.

For Further Information. For answers

to your questions about this

SuperNOFA, you have several options.

You may call the SuperNOFA

Information Center at 1–800–HUD–

8929, or you may contact the HUD

Office or Processing Center serving your

area at the telephone number listed in

the application kit for the program in

which you are interested. Persons with

hearing or speech impairments may call

the Center’s TTY number at 1–800–483–

2209. Information on this SuperNOFA

also may be obtained through the HUD
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23989

web site on the Internet at http://

www.HUD.gov.

For Technical Assistance. Before the

application due date, HUD staff will be

available to provide general guidance

and technical assistance about this

SuperNOFA. Current law does not

permit HUD staff to assist in preparing

the application. Following selection of

applicants, but prior to award, HUD

staff will be available to assist in

clarifying or confirming information

that is a prerequisite to the offer of an

award or Annual Contributions Contract

(ACC) by HUD.

Introduction to the SuperNOFA Process

To further HUD’s objective, under the

direction of Secretary Andrew Cuomo,

of improving customer service and

providing the necessary tools for

revitalizing communities and improving

the lives of people within those

communities, HUD will publish three

SuperNOFAs in 1998, which coordinate

program funding for 40 programs and

cut across traditional program lines.

(1) The first is the SuperNOFA and

consolidated application process for

Housing and Community Development

Programs, covering 19 Housing and

Community Development Programs.

This SuperNOFA was published in the

Federal Register on March 31, 1998.

(2) The second is the SuperNOFA and

consolidated application process for

Economic Development and

Empowerment Programs, covering 9

programs. This second SuperNOFA was

published elsewhere in today’s Federal

Register.

(3) The third is the SuperNOFA and

consolidated application process for

Targeted Housing and Homeless

Assistance Programs. This third

SuperNOFA includes the following

programs and initiatives: Housing

Opportunities for Persons with AIDS;

Continuum of Care Assistance, which

includes the Supportive Housing

Program, Shelter Plus Care, and Section

8 Moderate Rehabilitation Single Room

Occupancy Program for Homeless

Individuals; Section 202 Supportive

Housing for the Elderly; and Section 811

Supportive Housing for Persons with

Disabilities. Related to this SuperNOFA

for HUD’s Targeted Housing and

Homeless Assistance Programs is HUD’s

NOFA for Section 8 Tenant-Based

Assistance for Persons with Disabilities,

published elsewhere in today’s Federal

Register.

All three SuperNOFAs and

consolidated applications, to the

greatest extent possible, given statutory,

regulatory and program policy

distinctions, will have one set of rules

that, together, offer a ‘‘menu’’ of

approximately 40 programs. From this

menu, communities will be made aware

of funding available for their

jurisdictions. Nonprofits, public

housing agencies, local and State

governments, tribal governments and

tribally designated housing entities,

veterans service organizations, faithbased organizations and others will be

able to identify the programs for which

they are eligible for funding.

The National Competition NOFA. In

addition to the three SuperNOFAs, HUD

is publishing in today’s Federal Register

a single NOFA for three national

competitions: the Fair Housing

Initiatives Program National

Competition; the Lead-Based Paint

Hazard Control National Competition;

and the Housing Counseling National

Competition.

Assisting Communities To Make Better

Use of Available Resources

These SuperNOFAs represent a

marked departure from, and HUD

believes a significant improvement over,

HUD’s past approach to the funding

process. In the past, HUD has issued as

many as 40 separate NOFAs, all with

widely varying rules and application

processing requirements. This

individual program approach to

funding, with NOFAs published at

various times throughout the fiscal year,

did not encourage and, at times,

unintentionally impeded local efforts

directed at comprehensive planning and

development of comprehensive local

solutions. Additionally, the old

approach seemed to require

communities to respond to HUD’s needs

rather than HUD responding to local

needs. Secretary Cuomo brings to the

leadership of HUD the experience of

successfully implementing a

consolidated planning process in HUD’s

community development programs. As

Assistant Secretary for Community

Planning and Development, Secretary

Cuomo consolidated the planning,

application, and reporting requirements

of several community development

programs. The Consolidated Plan rule,

published in 1995, established a

renewed partnership among HUD, State,

and local governments, public and

private agencies, tribal governments,

and the general citizenry by

empowering field staff to work with

other entities in fashioning creative

solutions to community problems.

The SuperNOFA approach builds

upon Consolidated Planning

implemented by Secretary Cuomo in

HUD’s community development

programs, and also reflects the

Secretary’s organizational changes for

HUD, as described in the Secretary’s

management reform plan. On June 26,

1997, Secretary Cuomo released the

HUD 2020 Management Reform Plan,

which calls for significant consolidation

of like programs to maximize efficiency

and dramatically improve customer

service. The plan also calls for HUD to

improve customer service by adopting a

principle of ‘‘menus not mandates.’’

By announcing the funding of these

six programs in one NOFA, HUD hopes

to assist communities in making better

use of available resources to address

their needs and the needs of those living

within the communities in a holistic

and effective fashion. These funds are

available for eligible applicants to

support individual program objectives,

as well as cross-cutting and coordinated

approaches to improving the overall

effective use of available HUD program

funds.

To date, HUD has been consolidating

and simplifying the submission

requirements of many of its formula

grant and discretionary grant programs

to offer local communities a better

opportunity to shape available resources

into effective and coordinated

neighborhood housing and community

development strategies that will help

revitalize and strengthen their

communities, physically, socially and

economically. To complement this

overall consolidation and simplification

effort, HUD designed this process to

increase the ability of applicants to

consider and apply for funding under a

wide variety of HUD programs in

response to a single NOFA. Everyone

interested in HUD’s grant programs can

benefit from having this information

made available in one NOFA.

Coordination, Flexibility, and

Simplicity in the HUD Funding Process

The SuperNOFA approach places

heavy emphasis on the coordination of

activities to provide (1) greater

flexibility and responsiveness in

meeting local housing and community

development needs, and (2) greater

flexibility to eligible applicants to

determine what HUD program resources

best fit the community’s needs, as

identified in local Consolidated Plans

and Analysis of Impediments to Fair

Housing Choice (‘‘Analysis of

Impediments’’ (AI)).

The SuperNOFA approach is

designed to simplify the application

process; promote effective and

coordinated use of program funds in

communities; reduce duplication in the

delivery of services and economic

development and empowerment

programs; allow interested applicants to

seek to deliver a wider, more integrated

array of services; and improve the
23990 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

system for potential grantees to be aware

of, and compete for program funds.

HUD encourages applicants to work

together to coordinate and, to the

maximum extent possible, join their

activities to form a seamless and

comprehensive program of assistance to

meet identified needs in their

communities, and address barriers to

fair housing and equal opportunity that

have been identified in the community’s

Consolidated Plan and Analysis of

Impediments in the geographic area(s)

in which they are seeking assistance.

As part of the simplification of this

funding process, and to avoid

duplication of effort, the SuperNOFA

provides for consolidated applications

for several of the programs for which

funding is available under this NOFA.

HUD programs that provide assistance

for, or complement similar activities, for

example the Continuum of Care

programs have a consolidated

application that reduces the

administrative and paperwork burden

applicants may otherwise encounter in

submitting an application for each

program. The Program Chart in this

introductory section of the SuperNOFA

identifies the programs that have been

consolidated and for which a

consolidated application is made

available to eligible applicants.

The funding of these six programs

through this SuperNOFA will not affect

the ability of eligible applicants to seek

HUD funding. Eligible applicants are

able, as they have been in the past, to

apply for funding under as few as one

or as many as all programs for which

they are eligible.

The specific statutory and regulatory

requirements of each of the six separate

programs continue to apply to each

program. The SuperNOFA reflects,

where necessary, the statutory

requirements and differences applicable

to the specific programs. Please pay

careful attention to the individual

program requirements that are

identified for each program. Also, you

will note that not all applicants are

eligible to receive assistance under all

six programs identified in this

SuperNOFA.

The SuperNOFA contains two major

sections. The General Section of the

SuperNOFA contains the procedures

and requirements applicable to all

applications. The Programs Section of

the SuperNOFA describes each program

for which funding is made available in

the NOFA. As in the past, each program

provides a description of eligible

applicants, eligible activities, factors for

award, and any additional requirements

or limitations that apply to the program.

Please read carefully both the General

Section and the Programs Section of the

SuperNOFA for the program(s) to which

you are applying. This will ensure that

you apply for program funding for

which your organization is eligible to

receive funds and you fulfill all the

requirements for that program(s).

The Programs of this SuperNOFA and

the Amount of Funds Allocated

The six programs for which funding

availability is announced in this

SuperNOFA are identified in the

following chart. The approximate

available funds for each program are

listed as expected funding levels based

on appropriated funds. Should

recaptured or other funds become

available for any program, HUD reserves

the right to increase the available

program funding amounts by the

amount available.

The chart also includes the

application due date for each program,

the OMB approval number for the

information collection requirements

contained in the specific program, and

the Catalog of Federal Domestic

Assistance (CFDA) number.

BILLING CODE 4210–32–
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23991

BILLING CODE 4210–32–C
23992 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

Paperwork Reduction Act Statement.

The information collection requirements

contained in this SuperNOFA have been

approved by the Office of Management

and Budget (OMB) under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520). The preceding chart reflects the

OMB approval number for each program

component of this SuperNOFA. 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. *$640,000,000 is currently

available for obligation for FY 1998, and

$60,000,000 is subject to appropriations

in FY 1999.

General Section of the SuperNOFA

I. Authority; Purpose; Amount

Allocated; Eligible Applicants and

Eligible Activities

(A) Authorities

The authority for Fiscal Year 1998

funding availability under this

SuperNOFA is the Department of

Veterans Affairs and Housing and Urban

Development and Independent Agencies

Appropriations Act, 1998 (Pub. L. 105–

65, approved October 27, 1997) (FY

1998 HUD Appropriations Act). Where

applicable, additional authority for each

program in this SuperNOFA is

identified in the Programs Section.

(B) Purpose

The purpose of this SuperNOFA is to:

(1) Make funding available through a

variety of programs to empower

communities and their residents,

particularly the poor and disadvantaged,

to develop viable communities, provide

decent housing and a suitable living

environment for all citizens, without

discrimination in order to improve

themselves both as individuals and as a

community.

(2) Simplify and streamline the

application process for funding under

HUD programs. By making available to

State and local governments, public

housing agencies, tribal governments,

non-profit organizations and others, the

application requirements for Targeted

Housing and Homeless Assistance

Programs in one NOFA, HUD hopes that

the result will be a less time consuming

and less complicated application

process. This new process also allows

an applicant to submit one application

for funds for several programs. Except

where statutory or regulatory

requirements or program policy

mandate differences, the SuperNOFA

strives to provide for one set of rules,

standardized rating factors, and uniform

and consolidated application

procedures.

(3) Enhance the ability of applicants

to make more effective and efficient use

of housing and community development

funding when addressing community

needs and implementing coordinated

housing and community development

strategies established in local

Consolidated Plans, which is the single

application for HUD housing and

community development and other

formula funds submitted by the local or

State government. Through this

SuperNOFA process, applicants are

encouraged to: (i) create opportunities

for strategic planning and citizen

participation in a comprehensive

context at the local level in order to

establish a full continuum of housing

and services; and (ii) promote methods

for developing more coordinated and

effective approaches to dealing with

urban, suburban, and rural problems by

recognizing the interconnections among

the underlying problems and ways to

address them through layering of

available HUD programs;

(4) Promote the ability of eligible nonprofit organizations to participate in

many of the programs contained in this

SuperNOFA; provide an increased

opportunity to assist communities in

developing continuum of care strategies,

and supportive housing programs; and

(5) Recognize and make better use of

the expertise that each of the programs,

and organizations eligible for funding

under this SuperNOFA, can contribute

when developing and implementing

local housing and community

development plans, the Consolidated

Plan, and the HUD required Analysis of

Impediments to Fair Housing Choice.

(C) Amounts Allocated

The amounts allocated to specific

programs in this SuperNOFA are based

on appropriated funds. Should

recaptured funds become available in

any program, HUD reserves the right to

increase the available funding amounts

by the amount of funds recaptured.

(D) Eligible Applicants and Eligible

Activities

The eligible applicants and eligible

activities for each program are identified

and described for the program in the

Programs Section of the SuperNOFA.

II. Requirements and Procedures

Applicable to all Programs

Except as may be modified in the

Programs Section of this SuperNOFA, or

as noted within the specific provisions

of this Section II, the following

principles apply to all programs. Please

be sure to read the program area section

of the SuperNOFA for additional

requirements or information.

(A) Statutory Requirements

All applicants must meet and comply

with all statutory and regulatory

requirements applicable to the program

for which they are seeking funding in

order to be awarded funds. Copies of the

regulations are available from the

SuperNOFA Information Center or

through the Internet at the HUD web site

located at http://www.HUD.gov. HUD

may reject an application from further

funding consideration if the activities or

projects proposed are ineligible, or (with

the exception of the Section 202 and

811 programs) HUD may eliminate the

ineligible activities from funding

consideration and reduce the grant

amount accordingly.

(B) Threshold Requirements—

Compliance With Fair Housing and

Civil Rights Laws

All applicants, with the exception of

Federally recognized Indian tribes, must

comply with all Fair Housing and civil

rights laws, statutes, regulations and

executive orders as enumerated in 24

CFR 5.105(a). Federally recognized

Indian tribes must comply with the Age

Discrimination Act of 1975, section 504

of the Rehabilitation Act of 1973, and

the Indian Civil Rights Act. If an

applicant (1) has been charged with a

violation of the Fair Housing Act by the

Secretary; (2) is the defendant in a Fair

Housing Act lawsuit filed by the

Department of Justice; or (3) has

received a letter of noncompliance

findings under Title VI of the Civil

Rights Act, section 504 of the

Rehabilitation Act, or section 109 of the

Housing and Community Development

Act, the applicant is not eligible to

apply for funding under this

SuperNOFA until the applicant resolves

such charge, lawsuit, or letter of

findings to the satisfaction of the

Department.

(C) Additional Nondiscrimination

Requirements

Applicants must comply with the

Americans with Disabilities Act, and

Title IX of the Education Amendments

Act of 1972.

(D) Affirmatively Furthering Fair

Housing

Unless otherwise specified in the

Programs Section of this SuperNOFA,

each successful applicant will have a

duty to affirmatively further fair

housing. Applicants should include in

their applications or work plans the

specific steps that they will take to (1)

address the elimination of impediments

to fair housing that were identified in

the jurisdiction’s Analysis of

Impediments (AI) to Fair Housing
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23993

Choice; (2) remedy discrimination in

housing; or (3) promote fair housing

rights and fair housing choice. Further,

applicants have a duty to carry out the

specific activities cited in their

responses to the rating factors that

address affirmatively furthering fair

housing in the Programs Section of this

SuperNOFA.

(E) Economic Opportunities for Low and

Very Low-Income Persons (Section 3)

Certain programs in this SuperNOFA

require recipients of HUD assistance to

comply with section 3 of the Housing

and Urban Development Act of 1968, 12

U.S.C. 1701u (Economic Opportunities

for Low and Very Low-Income Persons)

and the HUD regulations at 24 CFR part

135, including the reporting

requirements subpart E. Section 3

provides that recipients shall ensure

that training, employment and other

economic opportunities, to the greatest

extent feasible, be directed to (1) low

and very low income persons,

particularly those who are recipients of

government assistance for housing and

(2) business concerns which provide

economic opportunities to low and very

low income persons. The applicability

of section 3 will be noted in the

Programs Section of the SuperNOFA.

(F) Relocation

Any person (including individuals,

partnerships, corporations or

associations) who moves from real

property or moves personal property

from real property as a direct result of

a written notice to acquire or the

acquisition of the real property, in

whole or in part, for a HUD-assisted

activity is covered by acquisition

policies and procedures and the

relocation requirements of the Uniform

Relocation Assistance and Real Property

Acquisition Policies Act of 1970, as

amended (URA), and the implementing

governmentwide regulation at 49 CFR

part 24. Any person who moves

permanently from real property or

moves personal property from real

property as a direct result of

rehabilitation or demolition for an

activity undertaken with HUD

assistance is covered by the relocation

requirements of the URA and the

governmentwide regulation.

(G) Forms, Certifications and

Assurances

Each applicant is required to submit

signed copies of the standard forms,

certifications, and assurances, listed in

this section, unless the program funding

in the Programs Section specifies

otherwise. Additionally, the Programs

Section may specify additional forms,

certifications, assurances or other

information that may be required for a

particular program in this SuperNOFA.

(1) Standard Form for Application for

Federal Assistance (SF–424);

(2) Standard Form for Budget

Information—Non-Construction

Programs (SF–424A) or Standard Form

for Budget Information-Construction

Programs (SF–424C), as applicable;

(3) Standard Form for Assurances—

Non-Construction Programs (SF–424B)

or Standard Form for Assurances—

Construction Programs (SF–424D), as

applicable;

(4) Drug-Free Workplace Certification

(HUD–50070);

(5) Certification and Disclosure Form

Regarding Lobbying (SF–LLL); (Tribes

and tribally designated housing entities

(THDEs) established by an Indian tribe

as a result of the exercise of the tribe’s

sovereign power are not required to

submit this certification. Tribes and

TDHEs established under State law are

required to submit this certification.)

(6) Applicant/Recipient Disclosure

Update Report (HUD–2880);

(7) Certification that the applicant

will comply with the requirements of

the Fair Housing Act, Title VI of the

Civil Rights Act of 1964, section 504 of

the Rehabilitation Act of 1973, and the

Age Discrimination Act of 1975, and

will affirmatively further fair housing.

CDBG recipients also must certify to

compliance with section 109 of the

Housing and Community Development

Act. Federally recognized Indian tribes

must certify that they will comply with

the requirements of the Age

Discrimination Act of 1975, section 504

of the Rehabilitation Act of 1973, and

the Indian Civil Rights Act.

(8) Certification required by 24 CFR

24.510. (The provisions of 24 CFR part

24 apply to the employment,

engagement of services, awarding of

contracts, subgrants, or funding of any

recipients, or contractors or

subcontractors, during any period of

debarment, suspension, or placement in

ineligibility status, and a certification is

required.)

(H) OMB Circulars

The policies, guidances, and

requirements of OMB Circular No. A–87

(Cost Principles Applicable to Grants,

Contracts and Other Agreements with

State and Local Governments), OMB

Circular No. A–122 (Cost Principles for

Nonprofit Organizations), 24 CFR part

84 (Grants and Agreements with

Institutions of Higher Education,

Hospitals, and other Non-Profit

Organizations) and 24 CFR part 85

(Administrative Requirements for

Grants and Cooperative Agreements to

State, Local, and Federally recognized

Indian tribal governments) may apply to

the award, acceptance and use of

assistance under the programs of this

SuperNOFA, and to the remedies for

noncompliance, except when

inconsistent with the provisions of the

FY 1998 HUD Appropriations Act, other

Federal statutes or the provisions of this

SuperNOFA. Compliance with

additional OMB Circulars may be

specified for a particular program in the

Programs Section of the SuperNOFA.

Copies of the OMB Circulars may be

obtained from EOP Publications, Room

2200, New Executive Office Building,

Washington, DC 10503, telephone (202)

395–7332 (this is not a toll free number).

(I) Environmental Requirements

For programs under this SuperNOFA

that assist physical development

activities or property acquisition,

grantees are generally prohibited from

acquiring, rehabilitating, converting,

leasing, repairing or constructing

property, or committing or expending

HUD or non-HUD funds for these

program activities, until one of the

following has occurred: (1) HUD has

completed an environmental review in

accordance with 24 CFR part 50; or (2)

for programs subject to 24 CFR part 58,

HUD has approved a grantee’s Request

for Release of Funds (HUD Form

7015.15) following a Responsible

Entity’s completion of an environmental

review. Applicants should consult the

Programs Section for the applicable

program to determine the procedures

for, timing of, and any exclusions from

environmental review under a particular

program.

(J) Conflicts of Interest

Consultants or experts assisting HUD

in rating and ranking applicants for

funding under this SuperNOFA are

subject to 18 U.S.C. 208, the Federal

criminal conflict of interest statute, and

to the Standards of Ethical Conduct for

Employees of the Executive Branch

regulation published at 5 CFR part 2635.

As a result, individuals who have

assisted or plan to assist applicants with

preparing applications for this

SuperNOFA may not serve on a

selection panel or as a technical advisor

to HUD for this SuperNOFA. All

individuals involved in rating and

ranking this SuperNOFA, including

experts and consultants, must avoid

conflicts of interest or the appearance of

conflicts. If the selection or nonselection of any applicant under this

NOFA affects the individual’s financial

interests set forth in 18 U.S.C. 208 or

involves any party with whom the

individual has a covered relationship
23994 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

under 5 CFR 2635.502, that individual

must, prior to participating in any

matter regarding this NOFA, disclose

this fact to the General Counsel or the

Ethics Law Division.

III. Application Selection Process

(A) General

To review and rate applications, HUD

may establish panels including persons

not currently employed by HUD to

obtain certain expertise and outside

points of view, including views from

other Federal agencies.

(1) Rating. All applications for

funding in each program listed in this

SuperNOFA will be evaluated and rated

against the criteria in this SuperNOFA.

The rating of the ‘‘applicant’’ or the

‘‘applicant’s organization and staff’’ for

technical merit or threshold

compliance, unless otherwise specified,

will include any sub-contractors,

consultants, sub-recipients, and

members of consortia which are firmly

committed to the project.

(2) Ranking. Applicants will be

ranked within each program (or, for

Continuum of Care applicants, across

the three programs identified in the

Continuum of Care section of this

SuperNOFA). Applicants will be ranked

only against others that applied for the

same program funding and where there

are set-asides within the competition,

the applicant would only compete

against applicants in the same set-aside

competition.

(B) Threshold Requirements

HUD will review each application to

determine whether the application

meets all of the threshold criteria

described for program funding made

available under this SuperNOFA.

Applications that meet all of the

threshold criteria will be eligible to be

rated and ranked, based on the criteria

described, and the total number of

points to be awarded.

(C) Factors for Award Used To Evaluate

and Rate Applications

For all of the programs for which

funding is available under this

SuperNOFA, the points awarded for the

rating factors total 100. Where

applicable, the program may provide for

up to four bonus points as provided in

paragraphs (1) and (2) of this Section

III(C), or other bonus points as may be

specified in the individual program in

the Programs Section of this

SuperNOFA.

(1) Bonus Points. The SuperNOFA

provides for the award of up to two

bonus points for eligible activities/

projects that are proposed to be located

in federally designated Empowerment

Zones, Enterprise Communities, or

Urban Enhanced Enterprise

Communities, and/or serve the EZ/EC

residents, and are certified to be

consistent with the strategic plan of the

EZs and ECs. The application kit

contains a certification which must be

completed for the applicant to be

considered for EZ/EC bonus points. A

listing of the federally designated EZs,

Enhanced ECs are available from the

SuperNOFA Information Center, or

through the HUD web site on the

Internet at http://www.HUD.gov.

(2) Court-Ordered Consideration. Due

to an order of the U.S. District Court for

the Northern District of Texas, Dallas,

Division, with respect to any

application by the City of Dallas, Texas,

for HUD funds, HUD shall consider the

extent to which the strategies or plans

in an application or applications

submitted by the City of Dallas for any

program under this SuperNOFA will be

used to eradicate the vestiges of racial

segregation in the Dallas Housing

Authority’s low income housing

programs. The City of Dallas should

address the effect, if any, that vestiges

of racial segregation in Dallas Housing

Authority’s low income housing

programs have on potential participants

in the programs covered by this NOFA,

and identify proposed actions for

remedying those vestiges. HUD may add

up to 2 points to the score based on this

consideration. (This Section III(C)(2) is

limited to applications submitted by the

City of Dallas.)

(3) The Five Standard Rating Factors.

The factors for rating and ranking

applicants are listed in this Section

III(C)(2) and maximum points for each

factor, are provided in the Programs

Section of the SuperNOFA. Each

applicant should carefully read the

factors for award as described in the

program area section that they are

seeking funding. While HUD has

established the following basic factors

for award, these may have been

modified or adjusted to take into

account specific program needs, or

statutory or regulatory limitations

imposed on a program. The standard

factors for award, except as modified in

the program area section are:

Factor 1: Capacity of the Applicant and

Relevant Organizational Staff

Factor 2: Need/Extent of the Problem

Factor 3: Soundness of Approach

Factor 4: Leveraging Resources

Factor 5: Comprehensiveness and

Coordination

The Continuum of Care Homeless

Assistance Programs have only two

factors that receive points: Need and

Continuum of Care.

(D) Negotiation

After all applications have been rated

and ranked and a selection has been

made, HUD may require, depending

upon the program, that all winners

participate in negotiations to determine

the specific terms of the grant agreement

and budget. In cases where HUD cannot

successfully conclude negotiations or a

selected applicant fails to provide HUD

with requested information, awards will

not be made. In such instances, HUD

may offer an award to the next highest

ranking applicant, and proceed with

negotiations with the next highest

ranking applicant.

(E) Adjustments to Funding

HUD reserves the right to fund less

than the full amount requested in any

application to ensure the fair

distribution of the funds and to ensure

the purposes of the programs contained

in this SuperNOFA are met. HUD may

choose not to fund portions of the

applications that are ineligible for

funding under applicable program

statutory or regulatory requirements, or

which do not meet the requirements of

this General Section of this SuperNOFA

or the requirements in the Programs

Section for the specific program, and

fund eligible portions of the

applications.

If funds remain after funding the

highest ranking applications, HUD may

fund part of the next highest ranking

application in a given program area. If

the applicant turns down the award

offer, HUD will make the same

determination for the next highest

ranking application. If funds remain

after all selections have been made,

remaining funds may be available for

other competitions for each program

area where there is a balance of funds.

Additionally, in the event of a HUD

procedural error that, when corrected,

would result in selection of an

otherwise eligible applicant during the

funding round of this SuperNOFA, HUD

may select that applicant when

sufficient funds become available.

(F) Performance and Compliance

Actions of Grantees

Performance and compliance actions

of grantees will be measured and

addressed in accordance with

applicable standards and sanctions of

their respective programs.

IV. Application Submission

Requirements

As discussed earlier in the

introductory section of this

SuperNOFA, part of the simplification

of this funding process is to reduce the

duplication of effort involved in
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23995

completing and submitting similar

applications for HUD funded programs.

As the Program Chart shows above, this

SuperNOFA provides for consolidated

applications for several of the programs

for which funding is available under

this SuperNOFA.

V. Corrections to Deficient Applications

After the application due date, HUD

may not, consistent with 24 CFR part 4,

subpart B, consider unsolicited

information from an applicant. HUD

may contact an applicant, however, to

clarify an item in the application or to

correct technical deficiencies.

Applicants should note, however, that

HUD may not seek clarification of items

or responses that improve the

substantive quality of the applicant’s

response to any eligibility or selection

criterion. Examples of curable technical

deficiencies include failure to submit

the proper certifications or failure to

submit an application containing an

original signature by an authorized

official. In each case, HUD will notify

the applicant in writing by describing

the clarification or technical deficiency.

HUD will notify applicants by facsimile

or by return receipt requested.

Applicants must submit clarifications or

corrections of technical deficiencies in

accordance with the information

provided by HUD within 14 calendar

days of the date of receipt of the HUD

notification. If the deficiency is not

corrected within this time period, HUD

will reject the application as

incomplete. (Note that the Sections 202

and 811 Programs, by regulation,

provide for appeal of rejection of an

application on technical deficiency.

Please see the programs sections for

these programs for additional

information.)

VI. Promoting Comprehensive

Approaches to Housing and Community

Development

(A) General

HUD believes the best approach for

addressing community problems is

through a community-based process that

provides a comprehensive response to

identified needs. By making HUD’s

Targeted Housing and Homeless

Assistance Programs funding available

in one NOFA, applicants may be able to

relate the activities proposed for

funding under this SuperNOFA to the

recent and upcoming NOFAs and the

community’s Consolidated Plan and

Analysis of Impediments to Fair

Housing Choice. 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.

(B) Linking Program Activities With

AmeriCorps

Applicants are encouraged to link

their proposed activities with

AmeriCorps, a national service program

engaging thousands of Americans on a

full or part-time basis to help

communities address their toughest

challenges, while earning support for

college, graduate school, or job training.

For information about AmeriCorps, call

the Corporation for National Service at

(202) 606–5000.

(C) Encouraging Visitability in New

Construction and Substantial

Rehabilitation Activities

In addition to applicable accessible

design and construction requirements,

applicants are encouraged to

incorporate visitability standards where

feasible in new construction and

substantial rehabilitation projects.

Visitability standards allow a person

with mobility impairments access into

the home, but does not require that all

features be made accessible. Visitability

means at least one entrance at grade (no

steps), approached by an accessible

route such as a sidewalk; the entrance

door and all interior passage doors are

at least 2 feet 10 inches wide, allowing

32 inches of clear passage space.

Allowing use of 2′10′′ doors is

consistent with the Fair Housing Act (at

least for the interior doors), and may be

more acceptable than requiring the 3

foot doors that are required in fully

accessible areas under the Uniform

Federal Accessibility Standards for a

small percentage of units. A visitable

home also serves persons without

disabilities, such as a mother pushing a

stroller, or a person delivering a large

appliance. Copies of the UFAS are

available from the Office of Fair

Housing and Equal Opportunity, U.S.

Department of Housing and Urban

Development, Room 5230, 451 Seventh

Street, SW, Washington, DC 20410,

telephone (202) 755–5404 or the TTY

telephone number, 1–800–877 8399

(Federal Information Relay Service).

(D) Developing Healthy Homes

HUD’s Healthy Homes Initiative is

one of the initiatives developed by the

White House Task Force on

Environmental Health Risks and Safety

Risks to Children that was established

under Executive Order 13045

(‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’). HUD encourages the funding of

activities (to the extent eligible under

specific programs) that promote healthy

homes, or that promote education on

what is a healthy home. These activities

may include, but are not limited to the

following: educating homeowners or

renters about the need to protect

children in their home from dangers

that can arise from items such as curtain

cords, electrical outlets, hot water,

poisons, fire, and sharp table edges,

among others; incorporating child safety

measures in the construction,

rehabilitation or maintenance of

housing, which include but are not

limited to: child safety latches on

cabinets, hot water protection devices,

properly ventilated windows to protect

from mold, window guards to protect

children from falling, proper pest

management to prevent cockroaches

which can cause asthma, and activities

directed to control of lead-based paint

hazards. The National Lead Information

Hotline is 1–800–424–5323.

VII. Findings and Certifications

(A) Environmental Impact

This SuperNOFA provides funding

under, and does not alter the

environmental requirements of 24 CFR

parts 582, 583, and 882, subpart H

(Continuum of Care Program); part 574

(HOPWA Program); and part 891

(Section 202 Supportive Housing for the

Elderly Program and Section 811

Program of Supportive Housing for

Persons with Disabilities). Accordingly,

under 24 CFR 50.19(c)(5), this

SuperNOFA is categorically excluded

from environmental review under the

National Environmental Policy Act of

1969 (42 U.S.C. 4321). Activities under

this SuperNOFA are subject to the

environmental review provisions that

are specified in the Environmental

Requirements paragraph in each

program section of this SuperNOFA.

(B) Federalism, Executive Order 12612

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this SuperNOFA will not have

substantial direct effects on States or

their political subdivisions, or on the

relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Specifically, the

SuperNOFA solicits applicants to

expand their role in addressing

community development needs in their

localities, and does not impinge upon

the relationships between the Federal

government and State and local

governments. As a result, the
23996 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

SuperNOFA is not subject to review

under the Order.

(C) Prohibition Against Lobbying

Activities

Applicants for funding under this

SuperNOFA are subject to the

provisions of section 319 of the

Department of Interior and Related

Agencies Appropriation Act for Fiscal

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

Amendment), which prohibits

recipients of Federal contracts, grants,

or loans from using appropriated funds

for lobbying the executive or legislative

branches of the Federal Government in

connection with a specific contract,

grant, or loan. Applicants are required

to certify, using the certification found

at Appendix A to 24 CFR part 87, that

they will not, and have not, used

appropriated funds for any prohibited

lobbying activities. In addition,

applicants must disclose, using

Standard Form LLL, ‘‘Disclosure of

Lobbying Activities,’’ any funds, other

than Federally appropriated funds, that

will be or have been used to influence

Federal employees, members of

Congress, and congressional staff

regarding specific grants or contracts.

Tribes and tribally designated housing

entities (THDEs) established by an

Indian tribe as a result of the exercise of

the tribe’s sovereign power are excluded

from coverage of the Byrd Amendment,

but tribes and TDHEs established under

State law are not excluded from the

statute’s coverage.)

(D) Section 102 of the HUD Reform Act;

Documentation and Public Access

Requirements

Section 102 of the Department of

Housing and Urban Development

Reform Act of 1989 (42 U.S.C. 3545)

(HUD Reform Act) and the regulations

codified in 24 CFR part 4, subpart A,

contain a number of provisions that are

designed to ensure greater

accountability and integrity in the

provision of certain types of assistance

administered by HUD. On January 14,

1992 (57 FR 1942), HUD published a

notice that also provides information on

the implementation of section 102. The

documentation, public access, and

disclosure requirements of section 102

apply to assistance awarded under this

SuperNOFA as follows:

(1) Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this SuperNOFA are

sufficient to indicate the basis upon

which assistance was provided or

denied. This material, including any

letters of support, will be made

available for public inspection for a 5-

year period beginning not less than 30

days after the award of the assistance.

Material will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations in 24

CFR part 15.

(2) Disclosures. HUD will make

available to the public for 5 years all

applicant disclosure reports (HUD Form

2880) submitted in connection with this

SuperNOFA. Update reports (also Form

2880) will be made available along with

the applicant disclosure reports, but in

no case for a period less than 3 years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 5.

(3) Publication of Recipients of HUD

Funding. HUD’s regulations at 24 CFR

4.7 provide that HUD will publish a

notice in the Federal Register on at least

a quarterly basis to notify the public of

all decisions made by the Department to

provide:

(i) Assistance subject to section 102(a)

of the HUD Reform Act; or

(ii) Assistance that is provided

through grants or cooperative

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

not provided on the basis of a

competition.

(E) Section 103 HUD Reform Act

HUD’s regulations implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 (42 U.S.C. 3537a),

codified in 24 CFR part 4, apply to this

funding competition. The regulations

continue to apply until the

announcement of the selection of

successful applicants. HUD employees

involved in the review of applications

and in the making of funding decisions

are limited by the regulations from

providing advance information to any

person (other than an authorized

employee of HUD) concerning funding

decisions, or from otherwise giving any

applicant an unfair competitive

advantage. Persons who apply for

assistance in this competition should

confine their inquiries to the subject

areas permitted under 24 CFR part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Ethics Law Division at (202)

708–3815. (This is not a toll-free

number.) For HUD employees who have

specific program questions, the

employee should contact the

appropriate field office counsel, or

Headquarters counsel for the program to

which the question pertains.

VIII. The FY 1998 SuperNOFA Process

and Future HUD Funding Processes

In FY 1997, Secretary Cuomo took the

first step in changing HUD’s funding

process to better promote

comprehensive, coordinated approaches

to housing and community

development. In FY 1997, the

Department published related NOFAs

on the same day or within a few days

of each other. In the individual NOFAs

published in FY 1997, HUD advised that

additional steps on NOFA coordination

may be considered for FY 1998. The

three SuperNOFAs to be published for

FY 1998 represent the additional step

taken by HUD to improve HUD’s

funding process and assist communities

to make better use of available resources

through a coordinated approach. This

new SuperNOFA process was

developed based on comments received

from HUD clients and the Department

believes it represents a significant

improvement over HUD’s approach to

the funding process in prior years. For

FY 1999, HUD may take even further

steps to enhance this process. HUD

welcomes comments from applicants

and other members of the public on this

process, and how it may be improved in

future years.

The description of program funding

available under this third SuperNOFA

for Targeted Housing and Homeless

Assistance Programs follows.

Dated: April 23, 1998.

Saul N. Ramirez, Jr.,

Acting Deputy Secretary.

4210–32–P
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BILLING CODE 4210–32–C

Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23999

Funding Availability for Continuum of

Care Homeless Assistance Programs—

Supportive Housing Program (SHP),

Shelter Plus Care (S+C), Section 8

Moderate Rehabilitation Single Room

Occupancy Program for Homeless

Individuals (SRO)

Program Description: The process of

developing a Continuum of Care system

to assist homeless persons is part of the

community’s larger effort of developing

a Consolidated Plan. For a community

to successfully address its often

complex and interrelated problems,

including homelessness, the community

must marshall its varied resources—

community and economic development

resources, social service resources,

housing and homeless assistance

resources—and use them in a

coordinated and effective manner. The

Consolidated Plan serves as the vehicle

for a community to comprehensively

identify each of its needs and to

coordinate a plan of action for

addressing them.

Approximately $700 million is being

competed for the Continuum of Care

Homeless Assistance Programs. For this

competition, approximately $640

million is available in FY 1998, and it

is anticipated that up to an additional

$60 million may be made available in

FY 1999, subject to appropriations. Any

unobligated funds from previous

competitions or additional funds that

may become available as a result of

deobligations or recaptures from

previous awards may be used in

addition to 1998 appropriations to fund

applications submitted in response to

this program section of this

SuperNOFA.

The funds available under this

program section of this SuperNOFA can

be used under any of three programs

that can assist in creating community

systems for combating homelessness.

The three programs are: (1) Supportive

Housing; (2) Shelter Plus Care; and (3)

Section 8 Moderate Rehabilitation for

Single Room Occupancy Dwellings for

Homeless Individuals. The chart in the

Attachment to this program section of

this SuperNOFA summarizes key

aspects of the programs. Program

descriptions are contained in the

applicable regulations cited in the chart.

As in previous funding availability

announcements for the Continuum of

Care Homeless Assistance Programs,

amounts for each of the three programs

will not be specified this year. Instead,

the distribution of funds among the

three programs will depend on locally

determined priorities and overall

demand. HUD reserves the right to fund

less than the full amount requested in

any application to ensure the fair

distribution of the funds and to ensure

the purposes of these homeless

programs are met.

Application Due Date: Completed

applications (an original containing the

original signed documentation and two

copies) are due before 12:00 midnight,

Eastern time, on August 4, 1998 to the

addresses shown below. See the General

Section of this SuperNOFA for specific

procedures governing the form of

application submissions (e.g., mailed

applications, express mail, overnight

delivery, or hand carried).

Electronic Submission: Applicants are

highly encouraged to use a special

supplement to HUD’s new Community

Planning Software to prepare the

application. The special supplement has

been programmed to produce the charts

and narratives that will meet both the

requirements of the homelessness

sections of the Consolidated Plan and

the identical requirements of the

Continuum of Care application. The

supplement will also produce the

necessary project-specific information.

If you choose to use the supplement to

prepare your Continuum of Care

application, you will submit the

required information on 31⁄2′′ computer

diskettes, together with a paper copy of

the entire application including the

signed cover sheet (SF–424), all

required certifications and other signed

documentation, by the deadline. Please

submit three copies of these materials,

as directed in the ADDRESSES FOR

SUBMITTING APPLICATIONS section

below. The supplement may be obtained

at no charge by contacting the

SuperNOFA Information Center by

phone or internet as specified below.

Addresses for Submitting Applications

To HUD Headquarters. The original

completed application (containing the

original signed documentation) must be

submitted to: Special Needs Assistance

Programs Office, Room 7270, Office of

Community Planning and Development,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC 20410, Attention:

Continuum of Care Programs.

To the Appropriate CPD Field Office.

Two copies of the completed

application must also be submitted to

the Community Planning and

Development Division of the

appropriate HUD Field Office for the

applicant’s jurisdiction. Field Office

copies must be received by the deadline

date as well, but a determination that an

application was received on time will be

made solely on receipt of the

application at HUD Headquarters in

Washington.

When submitting your application

please refer to Continuum of Care

Programs, and include your name,

mailing address (including zip code)

and telephone number (including area

code).

For Application Kits, Further

information, and Technical Assistance

Application Kits. For a copy of the

application package, please call the

SuperNOFA Information Center at 1–

800–HUD–8929 (voice) or 1–800–483–

2209 (TTY), or contact by Internet at

http://www.HUD.gov.

For Further Information. For answers

to your questions, you may call the HUD

Field Office serving your area, at the

telephone number shown in the

application kit for this program, or you

may contact the Community

Connections Information Center at 1–

800–998–9999 (voice) or 1–800–483–

2209 (TTY) or by Internet at: http://

www.comcon.org/ccprog.html.

Technical Assistance. Prior to the

application deadline, HUD staff will be

available to provide general guidance,

but not guidance in actually preparing

the application. HUD field office staff

will also be available to help identify

organizations in your community that

are involved in developing the

Continuum of Care system and, in the

case of renewals, to determine the HUD

final year amount (e.g., leasing,

supportive services and operations for

SHP, and rental assistance for S+C).

Following conditional selection, HUD

staff will be available to assist in

clarifying or confirming information

that is a prerequisite to the offer of a

grant agreement or Annual

Contributions Contract by HUD.

However, between the application

deadline and the announcement of

conditional selections, HUD will accept

no information that would improve the

substantive quality of the application

pertinent to the funding decision.

Additional Information

I. Authority; Purpose; Prioritizing

(A) Authority

The Supportive Housing Program is

authorized by title IV, subtitle C, of the

Stewart B. McKinney Homeless

Assistance Act (McKinney Act), 42

U.S.C. 11381. Funds made available

under this program section of the

SuperNOFA for the Supportive Housing

Program are subject to the program

regulations at 24 CFR part 583.

The Shelter Plus Care program is

authorized by title IV, subtitle F, of the

McKinney Act, 42 U.S.C. 11403. Funds

made available under this program

section of the SuperNOFA for the
24000 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

Shelter Plus Care program are subject to

the program regulations at 24 CFR part

582.

The Section 8 Moderate

Rehabilitation Program for Single Room

Occupancy Dwellings for Homeless

Individuals (SRO) is authorized by

section 441 of the McKinney Act, 42

U.S.C. 11401. Funds made available

under this NOFA for the SRO program

are subject to the program regulations at

24 CFR part 882, subpart H.

(B) Purpose: Develop Continuum of Care

Systems

The purpose of the Continuum of Care

Homeless Assistance Programs is to

fund projects that will fill gaps in

locally developed Continuum of Care

systems to assist homeless persons

move to self-sufficiency and permanent

housing. A Continuum of Care system

consists of four basic components:

(1) A system of outreach and

assessment for determining the needs

and conditions of an individual or

family who is homeless;

(2) Emergency shelters with

appropriate supportive services to help

ensure that homeless individuals and

families receive adequate emergency

shelter and referral to necessary service

providers or housing finders;

(3) Transitional housing with

appropriate supportive services to help

those homeless individuals and families

who are not prepared to make the

transition to permanent housing and

independent living; and

(4) Permanent housing, or permanent

supportive housing, to help meet the

long-term needs of homeless individuals

and families.

A Continuum of Care system is

developed through a community-wide

or region-wide process involving

nonprofit organizations (including those

representing persons with disabilities),

government agencies, other homeless

providers, housing developers and

service providers, private foundations,

neighborhood groups, and homeless or

formerly homeless persons. It should

address the specific needs of each

homeless subpopulation: the jobless,

veterans, persons with serious mental

illnesses, persons with substance abuse

issues, persons with HIV/AIDS, persons

with multiple diagnoses, victims of

domestic violence, youth, and any

others.

The community process used in

developing a Continuum of Care system

must include interested veteran service

organizations, particularly veteran

service organizations with specific

experience in serving homeless

veterans, in order to ensure that the

Continuum of Care system addresses the

needs of homeless veterans.

High scores under the Continuum of

Care scoring criteria will be assigned to

applications that demonstrate the

achievement of two basic goals:

• Have maximum participation by

non-profit providers of housing and

services; homeless and formerly

homeless persons; state and local

governments and agencies; veteran

service organizations; organizations

representing persons with disabilities;

the private sector; housing developers;

foundations and other community

organizations.

• Create, maintain, and build upon a

community-wide inventory of housing

and services for homeless families and

individuals; identify the full spectrum

of needs of homeless families and

individuals; and coordinate efforts to

obtain resources, particularly resources

sought through this program section of

the SuperNOFA, to fill gaps between the

current inventory and existing needs.

This inventory must appropriately

address all aspects of the continuum,

especially permanent housing.

In deciding the geographic area to be

covered by a Continuum of Care

strategy, applicants should be aware

that the single most important factor in

receiving funding under this

competition will be the strength of the

Continuum of Care strategy when

measured against the Continuum of Care

criteria described in this SuperNOFA. In

determining what jurisdictions to

include in a Continuum of Care strategy

area, the applicant should include only

those jurisdictions that are involved in

the development and implementation of

the Continuum of Care strategy.

Applicants should also be aware that

the more jurisdictions included in a

Continuum of Care strategy area, the

larger the pro rata need share that will

be allocated to the strategy area (as

described in Section III(A)(4) of this

program section of the SuperNOFA).

However, it would be a mistake to

include jurisdictions that are not fully

involved in the development and

implementation of the Continuum of

Care strategy since this would adversely

affect the Continuum of Care score.

Because most rural counties have

extremely small pro rata need shares,

they may wish to consider working with

larger groups of contiguous counties to

develop a region-wide or multi-county

Continuum of Care strategy covering the

combined service areas of these

counties.

Since the basic concept of a

Continuum of Care strategy is the

creation of a single, coordinated,

inclusive homeless assistance system for

an area, the areas covered by Continuum

of Care strategies should not overlap. If

there are cases where the Continuum of

Care strategies geographically overlap to

the extent that they are essentially

competing with each other, projects in

the applications/Continuum of Care that

receive the highest score out of the

possible 60 points for Continuum of

Care will be eligible for up to 40 points

under Need. Projects in the competing

applications/Continuum of Care with

the less effective Continuum of Care

strategies will be eligible for only 10

points under Need. In no case will the

same geography be used more than one

time in assigning Need points. The local

HUD field office can help applicants

determine if any of the area proposed

for inclusion by one Continuum of Care

system is also likely to be claimed under

another Continuum of Care system in

this competition.

(C) Prioritizing

Priority decisions are best made

through a locally-driven process and are

key to the ultimate goal of reducing

homelessness. As was done in 1997, this

year’s application (1998) instructs that

all projects proposed for funding under

this program section of the SuperNOFA

be listed in priority order from the

highest priority to the lowest. Generally,

this priority order will mean, for

example, that if funds are only available

to award 8 of 10 proposed projects, then

funding will be awarded to the first

eight projects listed. HUD expects

nonprofit organizations to be given a fair

role in establishing these priorities.

This priority list will be used in

awarding up to 40 points per project

under the ‘‘Need’’ scoring criteria.

Higher priority projects will receive

more points under Need than lower

priority projects. If a complete project

priority chart is not submitted for the

continuum, then all projects will receive

the lowest score for Need.

Project renewals. Consistent with the

Continuum of Care approach, HUD

funds that are needed to continue grants

that will be expiring in 1999

(Supportive Housing grants, Supportive

Housing Demonstration Program grants,

SAFAH grants, and Shelter Plus Care

grants, as described below) will only be

available through the competitive

process described in this program

section of the SuperNOFA.

The need for the continuation of

previously funded projects must be

considered in the local needs analysis

process and a decision should be made

locally on the priority to assign to the

continuation of a project. HUD will not

fund renewals out of order on the

priority list. It is important that the
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applicant, regardless of the priority

assigned to expiring projects, has fully

considered how persons currently being

served by those projects will continue to

be served, and has addressed this issue

in its gap analysis. In last year’s

competition, numerous renewal projects

that were not assigned top priority by a

locality did not receive funding. To the

extent a community desires to have

such projects renewed, it should give

them the top priorities on the priority

projects listing in the application. Since

renewal projects receive no special

consideration during the review, it is

important that they meet minimum

project eligibility, capacity, and quality

standards identified in this program

section of the SuperNOFA or they will

be rejected. For the renewal of a

Supportive Housing Program project,

Supportive Housing Demonstration

Program project or SAFAH project, you

may request funding for one (1), two (2)

or three (3) years. The amount of this

request can be up to the total of HUD

grant funds for leasing, operations, and

supportive services approved for the

final year of the expiring grant’s term.

For the renewal of a Shelter Plus Care

project, the grant term is fixed at five (5)

years as required by statute. You may

request up to the amount determined by

multiplying the number of units under

lease at the time of application for

renewal funding under this SuperNOFA

by the applicable current Fair Market

Rent(s) by 60 months. While full

funding of existing grants may be

requested, there is no guarantee that the

entire amount will be awarded.

This program section of the

SuperNOFA is not applicable to the

renewal of funding under the SRO

program. For further guidance on SRO

renewals, please contact your local HUD

Field Office.

Applicants eligible to apply for

renewal of a grant are only those that

have executed a grant agreement for the

project directly with HUD. Project

sponsors or subrecipients who have not

signed such an agreement are not

eligible to serve as applicant for renewal

of these projects. The local HUD field

office can provide assistance in

determining eligibility to apply for

project renewal. To be considered an

applicant when applying as part of a

consolidated application, the eligible

applicant must submit an originally

signed HUD Form SF–424 and the

necessary certifications and assurances.

II. Application Requirements

The application kit provides the

application materials, including Form

SF–424 and certifications, that must be

used in applying for homeless

assistance under this SuperNOFA.

These application materials substitute

for the forms, certifications, and

assurances listed in Section II(G) of the

General Section of the SuperNOFA.

The application requires a description

of the Continuum of Care system and

proposed project(s). It also contains

certifications that the applicant will

comply with fair housing and civil

rights requirements, program

regulations, and other Federal

requirements, and (where applicable)

that the proposed activities are

consistent with the HUD-approved

Consolidated Plan of the applicable

State or unit of general local

government, including the Analysis of

Impediments to Fair Housing and the

Action Plan to address these

impediments. Projects funded under

this SuperNOFA shall operate in a

fashion that does not deprive any

individual of any right protected by the

Fair Housing Act (42 U.S.C. 3601–19),

section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794) or the Americans

With Disabilities Act of 1990 (42 U.S.C.

12101 et seq.) Section II(D) of the

General Section of this SuperNOFA

regarding Affirmatively Furthering Fair

Housing does not apply to the

Continuum of Care Homeless Assistance

programs.

There are three options for submitting

an application under this program

section of the SuperNOFA.

One: A ‘‘Consolidated Application’’ is

submitted when a jurisdiction (or a

consortium of jurisdictions) submits a

single application encompassing a

Continuum of Care strategy and

containing all the projects within that

strategy for which funding is being

requested. Individual projects are

contained within the one consolidated

application. Grant funding may go to

one entity which then administers all

funded projects submitted in the

application, or under this option, grant

funding may go to all or any of the

projects individually. Your application

will specify the grantee for each project.

Two: ‘‘Associated Applications’’ are

submitted when applicants plan and

organize a single Continuum of Care

strategy which is adopted by project

sponsors or operators who choose to

submit separate applications for projects

while including the identical

Continuum of Care strategy. In this case,

project funding would go to each

successful applicant individually and

each would be responsible to HUD for

administering its separate grant.

Three: A ‘‘Solo Application’’ is

submitted when an applicant applies for

a project exclusive of participation in

any community-wide or region-wide

Continuum of Care development

process.

Options one and two are not

substantively different and will be

considered equally competitive.

Applicants are advised that projects that

are not a part of a Continuum of Care

strategy will receive few, if any, points

under the Continuum of Care rating

criteria.

III. Application Selection Process

(A) Review, Rating and Conditional

Selection

HUD will use the same review, rating,

and conditional selection process for all

three programs (S+C, SRO, and SHP).

The standard factors for award

identified in the General Section of this

SuperNOFA have been modified in this

program section as described below.

Only the criteria described in this

program section—Continuum of Care

and Need—will be used to assign

points. To review and rate applications,

HUD may establish panels, including

persons not currently employed by

HUD, to obtain certain expertise and

outside points of view, including views

from other Federal agencies. Two types

of reviews will be conducted.

Paragraphs (1) and (2) below describe

threshold reviews and paragraphs (3)

and (4) describe criteria—Continuum of

Care and Need—that will be used to

assign points. Up to 104 points

(including bonus points and points for

the court-ordered consideration

described in Section III(C)(1) and (2) of

the General Section of the SuperNOFA)

will be assigned using these criteria.

(1) Applicant and sponsor eligibility

and capacity. Applicant and project

sponsor capacity will be reviewed to

ensure the following eligibility and

capacity standards are met. If HUD

determines these standards are not met,

the project will be rejected from the

competition.

• The applicant must be eligible to

apply for the specific program;

• The applicant must demonstrate

that there is sufficient knowledge and

experience to carry out the project(s).

With respect to each proposed project,

this means that in addition to

knowledge of and experience with

homelessness in general, the

organization carrying out the project, its

employees, or its partners, must have

the necessary experience and

knowledge to carry out the specific

activities proposed, such as housing

development, housing management, and

service delivery;

• If the applicant or project sponsor is

a current or past recipient of assistance

under a HUD McKinney Act program or
24002 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

the HUD Single Family Property

Disposition Homeless Program, there

must be no project or construction

delay, HUD finding, or outstanding

audit finding of a material nature

regarding the administration of HUD

McKinney Act programs or the HUD

Single Family Property Disposition

Homeless Program; and

• The applicant and project sponsors

must be in compliance with applicable

civil rights laws and Executive Orders,

and must meet the threshold

requirements of Section II(B) of the

General Section of the SuperNOFA.

(2) Project eligibility and quality. Each

project will be reviewed to determine if

it meets the following eligibility and

threshold quality standards. If HUD

determines the following standards are

not met by a specific project or activity,

the project or activity will be rejected

from the competition.

• The population to be served must

meet the eligibility requirements of the

specific program, as described in the

application instructions;

• The activity(ies) for which

assistance is requested must be eligible

under the specific program, as described

in the program regulations;

• The housing and services proposed

must be appropriate to the needs of the

persons to be served. HUD may find a

project to be inappropriate if:

—The type and scale of the housing or

services clearly does not fit the needs

of the proposed participants (e.g.,

housing homeless families with

children in the same space as

homeless individuals, or separating

members of the same family, without

an acceptable rationale provided);

—Participant safety is not addressed;

—The housing or services are clearly

designed to principally meet

emergency needs rather than helping

participants achieve self-sufficiency;

—Transportation and community

amenities are not available and

accessible; or

—Housing accessibility for persons with

disabilities is not provided as

required by applicable laws;

• The project must be cost-effective in

HUD’s opinion, including costs

associated with construction,

operations, and administration, with

such costs not deviating substantially

from the norm in that locale for the type

of structure or kind of activity;

• Supportive services only projects,

and all others, must show how

participants will be helped to access

permanent housing and achieve selfsufficiency;

• For the Section 8 SRO program, at

least 25 percent of the units to be

assisted at any one site must be vacant

at the time of application; and

• For those projects proposed under

the SHP innovative category: Whether

or not a project is considered innovative

will be determined on the basis that the

particular approach proposed is new to

the area, is a sensible model for others,

and can be replicated.

(3) Continuum of Care. Up to 60

points will be awarded as follows:

(a) Process and Strategy. Up to 30

points will be awarded based on the

extent to which the application

demonstrates:

• The existence of a quality and

inclusive community process, including

organizational structure(s), for

developing and implementing a

Continuum of Care strategy which

includes nonprofit organizations (such

as veterans service organizations,

organizations representing persons with

disabilities, and other groups serving

homeless persons), State and local

governmental agencies, other homeless

providers, housing developers and

service providers, private foundations,

local businesses and the banking

community, neighborhood groups, and

homeless or formerly homeless persons,

as articulated in Section I(D) of this

program section of the SuperNOFA; and

• That a quality and comprehensive

strategy has been developed which

addresses the components of a

Continuum of Care system (i.e.,

outreach, intake, and assessment;

emergency shelter; transitional housing;

permanent and permanent supportive

housing) and that strategy has been

designed to serve all homeless

subpopulations in the community (e.g.,

seriously mentally ill, persons with

multiple diagnoses, veterans, persons

with HIV/AIDS), including those

persons living in emergency shelters,

supportive housing for homeless

persons, or in places not designed for,

or ordinarily used as, a regular sleeping

accommodation for human beings.

(b) Gaps and Priorities. Up to 20

points will be awarded based on the

extent to which the application:

• Describes the gap analysis

performed, uses reliable information

and sources that are presented

completely and accurately, and

establishes the relative priority of

homeless needs identified in the

Continuum of Care strategy; and

• Proposes projects that are consistent

with the priority analysis described in

the Continuum of Care strategy,

describes a fair project selection

process, explains how gaps identified

through the analysis are being

addressed, and correctly completes the

priority chart.

In reviewing a community’s

Continuum of Care and determining the

points to assign, HUD will consider

whether the community took its renewal

needs into account in preparing its

project priority list.

(c) Supplemental Resources. Up to 10

points will be awarded based on the

extent to which the application

demonstrates leveraging of funds

requested under this program section of

the SuperNOFA with other resources,

including private, other public, and

mainstream services and housing

programs.

(d) EZ/EC bonus points. As provided

for in Section III(C)(1) of the General

Section of this SuperNOFA, a bonus of

up to 2 points will be added to the

Continuum of Care score when some

proposed homeless assistance projects

will be located within the boundaries

and/or will principally serve the

residents of a federal Empowerment

Zone, Enterprise Community or

Enhanced Enterprise Community

(collectively ‘‘EZ/EC’’) if priority

placement will be given by the project

to homeless persons living on the streets

or in shelters within the EZ/EC, or

whose last known address was within

the EZ/EC. In order for a Continuum of

Care system to receive any of the bonus

points, the applicant must specifically

state how it meets the EZ/EC bonus

criterion, and provide a narrative

describing the extent of the linkages and

coordination between proposed projects

and the EZ/EC. The greater the extent of

EZ/EC involvement in and coordination

with the implementation strategy for the

Continuum of Care system and projects,

the greater the likelihood that bonus

points will be awarded.

(e) Court-ordered consideration.

Section III(C)(2) of the General Section

is applicable to this program.

(4) Need. Up to 40 points will be

awarded for need. There is a three-step

approach to determining the need scores

to be awarded to projects:

(a) Determining relative need: To

determine the homeless assistance need

of a particular jurisdiction, HUD will

use nationally available data, including

the following factors as used in the

Emergency Shelter Grants program: data

on poverty, housing overcrowding,

population, age of housing, and growth

lag. Applying those criteria to a

particular jurisdiction provides an

estimate of the relative need index for

that jurisdiction compared to other

jurisdictions applying for assistance

under this program section of the

SuperNOFA.

(b) Applying relative need: That

relative need index is then applied to

the total amount of funding estimated to
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24003

be available under this program section

of the SuperNOFA to determine a

jurisdiction’s pro rata need. HUD

reserves the right to adjust pro rata

need, if necessary, to address the issue

of project renewals.

(c) Awarding need points to projects:

Once the pro rata need is established, it

is applied against the priority project

list in the application. Starting from the

highest priority project, HUD proceeds

down the list to include those projects

whose total funding equals that

jurisdiction’s pro rata need. Those

priority projects which fall within that

pro rata need each receive the full 40

points for need. Thereafter, HUD

proceeds further down the priority

project list until two (2) times the pro

rata need is reached and each of those

projects receive 20 points. Remaining

projects each receive 10 points. If a

project priority chart is not submitted

for the continuum, then all projects will

receive 10 points for Need.

In the case of competing applications

from a single jurisdiction or service

area, projects in the application that

received the highest score out of the

possible 60 points for Continuum of

Care are eligible for up to 40 points

under Need. Projects in the competing

applications with lower Continuum of

Care scores are eligible for only 10

points under Need.

(5) Ranking. The score for Continuum

of Care will be added to the Need score

in order to obtain a total score for each

project. The projects will then be ranked

from highest to lowest according to the

total combined score.

(6) Conditional Selection and

Adjustments to Funding.

(a) Conditional Selection. Whether a

project is conditionally selected, as

described in Section IV below, will

depend on its overall ranking compared

to others, except that HUD reserves the

right to select lower rated eligible

projects that are part of comprehensive,

coordinated, and inclusive Continuum

of Care systems that would not

otherwise receive funding if necessary

to achieve geographic diversity.

When insufficient funds remain to

fund all projects having the same total

score, HUD will break ties by comparing

scores received by the projects for each

of the following scoring factors, in the

order shown: Need, Overall Continuum

of Care (COC) score, COC Process and

Strategy, COC Gaps and Priorities, and

COC Supplemental Resources. The final

tie-breaking factor is the priority

number of the competing projects on the

applicable COC priority list(s).

(b) Adjustments to Funding. HUD may

adjust funding of applications in

accordance with the provisions of

Section III(E) of the General Section of

the SuperNOFA. HUD also reserves the

right to ensure that a project that is

applying for and eligible for selection

under this competition is not awarded

funds that duplicate activities.

(7) Additional selection

considerations. HUD will also apply the

limitations on funding described below

in making conditional selections.

In accordance with section 429 of the

McKinney Act, HUD will award

Supportive Housing funds as follows:

not less than 25 percent for projects that

primarily serve homeless families with

children; not less than 25 percent for

projects that primarily serve homeless

persons with disabilities; and not less

than 10 percent for supportive services

not provided in conjunction with

supportive housing. After projects are

rated and ranked, based on the criteria

described above, HUD will determine if

the conditionally selected projects

achieve these minimum percentages. If

not, HUD will skip higher-ranked

projects in a category for which the

minimum percent has been achieved in

order to achieve the minimum percent

for another category. If there are an

insufficient number of conditionally

selected projects in a category to achieve

its minimum percent, the unused

balance will be used for the next

highest-ranked approvable Supportive

Housing project.

In accordance with section 463(a) of

the McKinney Act, as amended by the

Housing and Community Development

Act of 1992, at least 10 percent of

Shelter Plus Care funds will be awarded

for each of the four components of the

program: Tenant-based Rental

Assistance; Sponsor-based Rental

Assistance; Project-based Rental

Assistance; and Section 8 Moderate

Rehabilitation of Single Room

Occupancy Dwellings for Homeless

Individuals (provided there are

sufficient numbers of approvable

projects to achieve these percentages).

After projects are rated and ranked,

based on the criteria described below,

HUD will determine if the conditionally

selected projects achieve these

minimum percentages. If necessary,

HUD will skip higher-ranked projects

for a component for which the

minimum percent has been achieved in

order to achieve the minimum percent

for another component. If there are an

insufficient number of approvable

projects in a component to achieve its

minimum percent, the unused balance

will be used for the next highest-ranked

approvable Shelter Plus Care project.

In accordance with section 455(b) of

the McKinney Act, no more than 10

percent of the assistance made available

for Shelter Plus Care in any fiscal year

may be used for programs located

within any one unit of general local

government. In accordance with section

441(c) of the McKinney Act, no city or

urban county may have Section 8 SRO

projects receiving a total of more than

10 percent of the assistance made

available under this program. HUD is

defining the 10 percent availability this

fiscal year as $10 million for Shelter

Plus Care and $10 million for Section 8

SRO. However, if the amount awarded

under either of these two programs

exceeds $100 million, then the amount

awarded to any one unit of general local

government (for purposes of the Shelter

Plus Care program) or city or urban

county (for the purposes of the SRO

program) could be up to 10 percent of

the actual total amount awarded for that

program.

Lastly, HUD reserves the right to

reduce the amount of a grant if

necessary to ensure that no more than

10 percent of assistance made available

under this program section of the

SuperNOFA will be awarded for

projects located within any one unit of

general local government or within the

geographic area covered by any one

Continuum of Care. If HUD exercises a

right it has reserved under this program

section of the SuperNOFA, that right

will be exercised uniformly across all

applications received in response to this

program section of the SuperNOFA.

IV. Funding Award Process

HUD will notify conditionally

selected applicants in writing. As

necessary, HUD will subsequently

request them to submit additional

project information, which may include

documentation to show the project is

financially feasible; documentation of

firm commitments for cash match;

documentation showing site control;

information necessary for HUD to

perform an environmental review,

where applicable; and such other

documentation as specified by HUD in

writing to the applicant, that confirms

or clarifies information provided in the

application. SHP, SRO, S+C and S+C/

SRO applicants will be notified of the

deadline for submission of such

information. If an applicant is unable to

meet any conditions for fund award

within the specified timeframe, HUD

reserves the right not to award funds to

the applicant, but instead to either: use

them to select the next highest ranked

application(s) from the original

competition for which there are

sufficient funds available; or add them

to funds available for the next

competition for the applicable program.
24004 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

V. Program Limitations

(A) SRO Program

Applicants need to be aware of the

following limitations that apply to the

Section 8 SRO program:

• Under section 8(e)(2) of the United

States Housing Act of 1937, no single

project may contain more than 100

assisted units;

• Under 24 CFR 882.802, applicants

that are private nonprofit organizations

must subcontract with a Public Housing

Authority to administer the SRO

assistance;

• Under section 8(e)(2) of the United

States Housing Act of 1937 and 24 CFR

882.802, rehabilitation must involve a

minimum expenditure of $3000 for a

unit, including its prorated share of

work to be accomplished on common

areas or systems, to upgrade conditions

to comply with the Housing Quality

Standards.

• Under section 441(e) of the

McKinney Act and 24 CFR

882.805(d)(1), HUD publishes the SRO

per unit rehabilitation cost limit each

year to take into account changes in

construction costs. This cost limitation

applies to rehabilitation that is

compensated for in a Housing

Assistance Payments Contract. For

purposes of Fiscal Year 1998 funding,

the cost limitation is raised from

$16,900 to $17,200 per unit to take into

account increases in construction costs

during the past 12-month period.

(B) Shelter Plus Care/Section 8 SRO

Component

With regard to the SRO component of

the Shelter Plus Care program, applicant

States, units of general local government

and Indian tribes must subcontract with

a Public Housing Authority to

administer the Shelter Plus Care

assistance. Also with regard to this

component, no single project may

contain more than 100 units.

VI. Timeliness Standards

Applicants are expected to initiate

their approved projects promptly. If

implementation difficulties occur,

applicants need to be aware of the

following timeliness standards:

(A) Supportive Housing Program

• HUD will deobligate SHP funds if

site control has not been demonstrated

within one (1) year after initial

notification of the grant award, as

provided in 24 CFR 583.320(a), subject

to the exceptions noted in that

regulation.

• Except where HUD finds that delay

was due to factors beyond the control of

the grantee, HUD may deobligate SHP

funds if the grantee does not meet the

following additional timeliness

standards:

—Construction activities must begin

within eighteen (18) months after

initial notification of the grant award

and be completed within thirty-six

(36) months after that notification.

—For activities that cannot begin until

construction activities are completed,

such as supportive service or

operating activities that will be

conducted within the building being

rehabilitated or newly constructed,

these activities must begin within

three (3) months after the construction

is completed.

—For all activities that may proceed

independent of construction

activities, these activities must begin

within twelve (12) months after initial

notification of the grant award.

(B) Shelter Plus Care Program

Components Except SRO Component

Except where HUD finds that delay

was due to factors beyond the control of

the grantee, HUD will deobligate S+C

funds if the grantee does not meet the

following timeliness standards:

• For Tenant-based Rental Assistance,

for Sponsor-based Rental Assistance,

and for Project-based Rental Assistance

without rehabilitation, the rental

assistance must begin within twelve (12)

months of the initial announcement of

the grant award.

• For Project-based Rental Assistance

with rehabilitation, the rehabilitation

must be completed within twelve (12)

months of initial notification of the

grant award.

(C) SRO Program and SRO Component

of the Shelter Plus Care Program

For projects carried out under the

SRO program and the SRO component

of the S+C program, the rehabilitation

work must be completed and the

Housing Assistance Payments contract

executed within twelve (12) months of

execution of the Annual Contributions

Contract. HUD may reduce the number

of units or the amount of the annual

contribution commitment if, in the

determination of HUD, the Public

Housing Authority fails to demonstrate

a good faith effort to adhere to this

schedule.

VII. Linking Supportive Housing

Programs and AmeriCorps

Applicants for the Supportive

Housing Program are encouraged to link

their proposed projects with

AmeriCorps, a national service program

engaging thousands of Americans on a

full or part-time basis to help

communities address their toughest

challenges, while earning support for

college, graduate school, or job training.

For information about AmeriCorps SHP

partnerships, call the Corporation for

National Service at (202) 606–5000

extension 486.

VIII. Other Matters

(A) Corrections to Deficient

Applications

The General Section of the

SuperNOFA provides the procedures for

corrections to deficient applications

(See Section V of the General Section).

(B) Environmental Requirements

All Continuum of Care assistance is

subject to the National Environmental

Policy Act of 1969 and related Federal

environmental authorities. No Federal

or non-Federal funds or assistance that

limits reasonable choices or could

produce a significant adverse

environmental impact may be

committed to a project until all required

environmental reviews and notifications

have been completed. Conditional

selection of projects under the

Continuum of Care Program is subject to

the environmental review requirements

under 24 CFR 582.230, 583.230, and

882.804(c), as applicable.

(C) Section 3

To the extent that any housing

assistance (including rental assistance)

funded through this program section of

the SuperNOFA is used for housing

rehabilitation (including reduction and

abatement of lead-based paint hazards,

but excluding routine maintenance,

repair, and replacement) or housing

construction, then it is subject to section

3 of the Housing and Urban

Rehabilitation Act of 1968, and the

implementing regulations at 24 CFR part

135. Section 3, as amended, requires

that economic opportunities generated

by certain HUD financial assistance for

housing and community development

programs shall, to the greatest extent

feasible, be given to low- and very lowincome persons, particularly those who

are recipients of government assistance

for housing, and to businesses that

provide economic opportunities for

these persons.

BILLING CODE 4210–32–P
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BILLING CODE 4210–32–C

Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24009

Housing Opportunities for Persons With

AIDS (HOPWA)

Program Description: Approximately

$20,150,000 is available for housing

assistance and supportive services

under the Housing Opportunities for

Persons With AIDS (HOPWA) program.

Application Due Date: Completed

applications must be submitted no later

than 12:00 midnight, Eastern time, on

July 10, 1998 at HUD Headquarters. See

the General Section of this SuperNOFA

for specific procedures governing the

form of application submission (e.g.,

mailed applications, express mail,

overnight delivery, or hand carried).

Address for Submitting Applications:

The completed original application

must be submitted to: Processing and

Control Branch, Office of Community

Planning and Development, Department

of Housing and Urban Development,

451 Seventh Street, SW, Room 7251,

Washington, DC 20410. The original

application submitted to HUD

headquarters is considered the official

application.

In addition, two (2) copies of this

application must also be submitted to

the area CPD Field Office or Offices that

serve the area in which activities are

proposed; the list of addresses for area

CPD Field Offices is provided in the

HOPWA application kit. An applicant

that proposes nationwide activities

should file the two copies with their

original with the HUD headquarters

office. When submitting your

applications, please refer to HOPWA,

and include your name, mailing address

(including zip code) and telephone

number (including area code).

For Application Kits, Further

Information and Technical Assistance

For an application kit, supplemental

information, and technical assistance

please call the SuperNOFA Information

Center at 1–800–HUD–8929 (1–800–

483–8929). Persons with hearing or

speech impairments may call the

Center’s TTY number at 1–800–483–

2209. The application kit also will be

available on the Internet through the

HUD web site at http://www.HUD.gov.

When requesting an application kit,

please refer to HOPWA and provide

your name, address (including zip

code), and telephone number (including

area code).

Additional Information

I. Authority; Purpose; Amount

Allocated; and Eligibility

(A) Authority

This program is authorized under the

AIDS Housing Opportunity Act (42

U.S.C. 12901). The regulations for

HOPWA are found at 24 CFR part 574.

(B) Purpose

Under selection procedures

established in Section II of this NOFA,

the funds available under this NOFA

will be used to fund projects for lowincome persons with HIV/AIDS and

their families under two categories of

assistance:

(1) Grants for Special Projects of

National Significance (SPNS) that, due

to their innovative nature or their

potential for replication, are likely to

serve as effective models in addressing

the housing and related supportive

service needs of eligible persons; and

(2) Grants for projects that are part of

Long-Term Comprehensive Strategies

(Long-Term) for providing housing and

related supportive services for eligible

persons in areas that are not eligible for

HOPWA formula allocations.

(C) Amount Allocated

Approximately $20,150,000 is being

made available by this NOFA.

Additional funds may be awarded if

funds are recaptured, deobligated,

appropriated or otherwise made

available during the fiscal year.

(1) Maximum grant amounts. The

maximum amount that an applicant

may receive is $1,000,000 for program

activities (e.g., activities that directly

benefit clients). An applicant may also

receive up to 3 percent of the amount

that is awarded for program activities

for grantee administrative costs and, if

the application involves project

sponsors, up to 7 percent of the amount

that is provided to project sponsors for

program activities for the project

sponsors’ administrative costs. In

addition, up to $50,000 may be

requested to collect data on project

outcomes. HUD reserves the right to

reduce the amount requested for data

collection on project outcomes in

relation to the amount requested for

program activities.

For example, an applicant that

proposes to use $1,000,000 for housing

assistance could receive up to an

additional $100,000 for administrative

costs (potentially up to $30,000 for

grantee administrative costs and up to

$70,000 for project sponsors’

administrative costs if the sponsors

carry out that assistance) and $50,000

for data collection. Due to statutory

limits on administrative costs, no

project sponsor administrative costs are

available in cases where the grantee

directly carries out the program

activities and that grantee is limited to

using up to 3 percent of the grant

amount for administering the grant. An

applicant should note that the costs of

staff that are carrying out the program

activities may be included in those

program activity costs and that costs

may be prorated between categories as

may be appropriate. A sponsor is only

eligible to use up to 7 percent of the

amount that they receive for the

sponsor’s administrative costs.

(2) Award modifications. See the

General Section of this SuperNOFA for

information with regard to adjustments

to funding. HUD also reserves the right

to ensure that a project that is applying

for and eligible for selection under this

and other competitions, including the

FY 1998 Continuum of Care Homeless

Assistance NOFA, is not awarded funds

that duplicate activities.

(D) Eligible Applicants

(1) States, units of general local

government, and nonprofit

organizations may apply for grants for

Special Projects of National

Significance.

(2) Certain States and units of general

local government may apply for grants

for projects under the Long-Term

category of grants, if the proposed

activities will serve areas that were not

eligible to receive HOPWA formula

allocations in fiscal year 1998. An

appendix in the application kit will

describe the formula areas. Nonprofit

organizations are not eligible to apply

directly for the Long-Term category of

grants but may serve as a project

sponsor for an eligible State or local

government grantee.

The HOPWA regulations at 24 CFR

574.3 provide for a definition of

nonprofit organization, and eligibility of

these organizations is further addressed

in the application kit.

(E) Eligible Activities

The following eligible activities are

subject to standards and limitations

found in 24 CFR part 574:

(1) Housing information services

(including fair housing counseling).

(2) Project-based or tenant-based

rental assistance.

(3) New construction of a community

residence or SRO dwelling.

(4) Acquisition, rehabilitation,

conversion, lease or repair of facilities to

provide housing and services.

(5) Operating costs for housing.

(6) Short-term rent, mortgage and

utility payments to prevent

homelessness.

(7) Supportive services.

(8) Administrative expenses.

(9) Resource identification and

technical assistance;

Under this NOFA, applicants may

propose to operate technical assistance
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and/or resource identification activities

that help communities and

organizations develop housing resources

for persons with HIV/AIDS and their

families. Generally, this assistance can

be used to help communities to improve

community-based needs assessments,

undertake multiple-year HIV/AIDS

housing planning, enhance facility

operations and refine other management

practices of organizations that provide

or plan to provide housing assistance

and/or related supportive services for

persons living with HIV/AIDS and their

families. This assistance can also be

used to provide support for HOPWA

project sponsors in the form of advice

and training. These activities should

help build the capacity of sponsors to

undertake housing development, to

operate housing programs, and use of

funds in compliance with the

Consolidated Planning Process and the

Grants Management System. Funds may

be used to provide assistance in

developing community-based needs

assessments and assistance for Statewide, metropolitan, nonmetropolitan

and/or rural areas in development of

area multiyear HIV and AIDS housing

plans, and for research and information

services. Applications to provide

technical assistance and resource

identification on a national or

multijurisdictional basis also may be

proposed.

HUD has received community

recommendations that the program

place additional emphasis on assistance

in the planning, development, and

operation of projects as well as in

undertaking the evaluation of

performance from grantees and project

sponsors that have been administering

HOPWA formula allocations and/or

competitive grants. The proposed use of

funds for technical assistance and

resource identification would also help

respond to these recommendations; and

(10) Other activities that are proposed

in an application and approved by HUD,

including data collection on project

outcomes; however, HUD will not

approve proposals that depend on

future decisions on how funds are to be

used, for example, a proposal to

establish a local request-for-proposal

process to select sponsors and activities.

Project Outcomes. Under item (10),

applicants are encouraged to apply for

funds to collect data on project

outcomes, particularly client outcomes.

In addition, data may be collected on

changes to housing and supportive

services delivery systems as a result of

the model project, including changes

resulting from any innovative features.

A plan for the collection of data and the

reporting of information on project

outcomes to HUD should be provided

by applicants requesting funds for this

purpose.

In offering funds for outcomes data

collection, this NOFA recognizes the

importance of collecting information on

model and innovative projects to

support further improvements and

reforms to the local assistance programs

for persons with HIV/AIDS and their

families and to be used in national

evaluations.

As noted above in Section I(C)(1), an

applicant may request up to $50,000 to

collect information and report to HUD,

or a third party designated by HUD, on

project outcomes.

If funds are requested, the applicant

must propose data collection activities

in their application. The persons who

will conduct these activities may

include expert third-party assistance.

Generally, this person will help a

project:

(a) Define monitoring questions that

will be addressed and examined during

the project period;

(b) Specify outcome measures;

(c) Develop instruments to assess

project outcomes and systems outcomes;

(d) Train project staff in the collection

of the data, including preparation of

standard Annual Progress Reports to

HUD;

(e) Monitor data collection activities

to assure that submissions are complete

and accurate, including data coding and

entry;

(f) Summarize the data collected; and

(g) Prepare reports summarizing

findings.

II. Program Requirements

(A) Performance Measures and Project

Goals and Objectives

Applicants should establish and

describe performance goals and

objectives that are important in

developing the proposed projects and

that will be used to evidence

accomplishments under the HOPWA

performance measures. These goals and

objectives (i.e., specific, achievable and

time-limited statements) will be a basis

for a review of project outcomes and

help establish the nature of possible

findings that would be disseminated to

the benefit of other projects.

As standard, program-wide

performance measures, applicants

should use the following:

(1) In the area to be served, increase

the number of short-term housing units

(that may include access to related

supportive services) by an estimated

‘‘xx’’ by the end of the program year. For

example, a transitional program that

provides five units that are used in

conjunction with drug and/or alcohol

abuse treatment and counseling and/or

mental health services with a plan for

client outplacement to other housing.

(2) In the area to be served, increase

the number of permanent housing units

by an estimated ‘‘xx’’ by the end of the

program year. For example, a program

designed to offer 25 rental vouchers and

assistance to participants in finding

housing with access to service

components that could assist clients in

maintaining daily living activities

through an appropriate range of support.

(B) Performance Benchmarks

Funds received under this

competition are expected to be

expended within 3 years following the

date of the signing of a grant agreement.

As a condition of the grant, selected

projects are expected to undertake

activities based on the following

performance benchmarks:

(1) A project that involves the

acquisition or leasing of a site is

required to gain site control within one

year of their selection (i.e, one year from

the date of the signing of their selection

letter by HUD);

(2) If the project is proposing to use

HOPWA funds to undertake

rehabilitation or new construction

activities, the project is required to

begin the rehabilitation or construction

within 18 months of their selection and

to complete the activity within 3 years

of that date; and

(3) Except for a project that involves

HOPWA-funded rehabilitation or

construction activities, the project is

required to begin program operations

within one year of their selection. If a

selected project does not meet the

appropriate performance benchmark,

HUD reserves the right to cancel or

withdraw the grant selection or

otherwise deobligate awarded funds. In

exercising this right, the Secretary may

waive a termination action in cases that

HUD determines evidence that the delay

and failure to meet the performance

benchmark are due to factors that were

beyond the control of the grantee.

(C) Availability of FY 1998 Formula

Allocations

In FY 1998, a total of $183.6 million

was allocated by formula to the

qualifying cities for 59 eligible

metropolitan statistical areas (EMSAs)

and to 29 eligible States for areas

outside of EMSAs. All HOPWA formula

grants are available as part of the

jurisdiction’s Consolidated Plan, which

also includes the Community

Development Block Grant, HOME

Investment Partnerships program, and

Emergency Shelter Grants. Plans are
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24011

developed through a public process that

assesses area needs, creates a multipleyear strategy and proposes an action

plan for use of Federal funds and other

community resources in a coordinated

and comprehensive manner.

Information on consolidated planning,

including HOPWA formula programs, is

available on the HUD HOME Page at

www.hud.gov/cpd/cpdallst.html.

III. Application Selection Process

(A) HOPWA Application Reviews

HOPWA Applications will be

reviewed to ensure that they meet the

threshold requirements found in Section

II of the General Section of the Super

NOFA. Applications will also be

reviewed to ensure that:

(1) A Certification of Consistency with

Consolidated Plans is provided. Under

the HOPWA program, proposed

activities that are located in a

jurisdiction are required to be consistent

with the jurisdiction’s current, approved

Consolidated Plan, including the

Analysis of Impediments to Fair

Housing and the Action Plan to address

these impediments, except that this

certification is not required for projects

that propose to undertake activities on

a national basis; and

(2) The applicant is currently in

compliance with the Federal

requirements contained in 24 CFR part

574, subpart G, ‘‘Other Federal

Requirements.’’

(B) The HOPWA Competition

This national competition will

involve the review, rating, and selection

of HOPWA applications under each of

the two categories of assistance (Special

Projects of National Significance

(SPNS), and Long-Term Comprehensive

Strategies (Long-Term) in areas that do

not qualify for HOPWA formula

allocations).

(C) Procedures for the Rating of

Applications

HOPWA applications will be rated

based on the criteria listed below. The

rating factors are common for all

applications, except that some elements

are specific for an application that is

submitted under the Special Projects of

National Significance category, and

other elements are specific for an

application that is submitted under the

second category for Projects that are part

of Long-Term Comprehensive Strategies

in areas that do not qualify for HOPWA

formula allocations.

(D) Factors for Award Used To Evaluate

and Rate Applications

The factors for rating and ranking

applicants, and maximum points for

each factor, are provided below. The

points awarded for the factors total 100.

In addition, bonus points available

under Section III(C)(2) of the General

Section of this SuperNOFA apply to this

competition. After rating, these

applications will be placed in the rank

order of their final score for selection

within the appropriate category of

assistance.

Rating Factor 1: Capacity of the

Applicant and Project Sponsors and

Relevant Organizational Experience (20

Points)

This factor addresses the extent to

which the applicant and any project

sponsor has the organizational resources

necessary to successfully implement the

proposed activities in a timely manner.

HUD will award up to 20 points based

on the ability of the applicant and any

project sponsor to develop and operate

the proposed program, such as housing

development, management of housing

facilities or units, and service delivery,

in relation to which entity is carrying

out an activity.

(1) With regard to both the applicant

and the project sponsor(s), HUD will

consider:

(a) Past experience and knowledge in

serving persons with HIV/AIDS and

their families;

(b) Past experience and knowledge in

programs similar to those proposed in

the application;

(c) Experience and knowledge in

monitoring and evaluating program

performance and disseminating

information on project outcomes; and

(d) The applicant’s past experience as

measured by expenditures and

measurable progress in achieving the

purpose for which funds were provided.

(2) In reviewing the elements of

paragraph (1), HUD will consider the

extent to which the proposal

demonstrates:

(a) The knowledge and experience of

the proposed project director and staff,

including the day-to-day program

manager, consultants and contractors in

planning and managing the kind of

activities for which funding is being

requested. The applicant and any

project sponsor will be judged in terms

of recent, relevant and successful

experience of their staff to undertake

eligible program activities, including

experience and knowledge in serving

persons with HIV/AIDS and their

families.

(b) The applicant’s and/or sponsor’s

experience in managing complex

interdisciplinary programs, especially

those involving housing and community

development programs directly relevant

to the work activities proposed and

carrying out grant management

responsibilities.

(c) If the applicant and/or sponsor

received funding in previous years in

the program area for which they are

currently seeking funding, the

applicant’s or sponsor’s past experience

will be evaluated in terms of their

ability to attain demonstrated

measurable progress in the

implementation of their recent grant

awards, as measured by expenditures

and measurable progress in achieving

the purpose for which funds were

provided.

Rating Factor 2: Need/Extent of the

Problem (20 Points)

This factor addresses the extent to

which there is a need for funding the

proposed program activities and an

indication of the urgency of meeting the

need in the target area. For up to 15

points, HUD will award points as

follows under paragraphs (1) to (3), and

5 points under paragraph (4).

(1) (5 Points) AIDS Cases. Up to five

of these points will be determined by

the relative numbers of AIDS cases and

per capita AIDS incidence, in

metropolitan areas of over 500,000

population and in areas of a State

outside of these metropolitan areas, in

the State for proposals involving statewide activities, and in the nation for

proposals involving nation-wide

activities. To determine these points,

HUD will obtain AIDS surveillance

information from the Director of the

Centers for Disease Control and

Prevention.

(2) (5 Points) Description of Need. Up

to five of these points will be

determined by the extent to which there

is a need for funding eligible activities

in the area to be served. The applicant

should demonstrate that the area to be

served has an urgent and unmet need in

the eligible population, as follows:

(a) The applicant should describe in

its application for a proposed Special

Project of National Significance, the

need that is not currently addressed by

other projects or programs in the area,

any unresolved or emerging issues, and/

or the need to provide new or

alternative forms of assistance that

enhance area systems of housing and

related care for persons living with HIV/

AIDS and their families; or

(b) The applicant should describe in

its application for a proposed project

that is part of a Long-Term

Comprehensive Strategy in an area that

does not receive a HOPWA formula

allocation, the need that is not currently

addressed by other projects or programs

in the area, any unresolved or emerging

issues, and/or the need to provide forms
24012 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

of assistance that enhance the

community’s strategy for providing

housing and related services to eligible

persons.

HUD will consider the application’s

presentation of statistics and data

sources based on soundness and

reliability and the specificity of

information to the target population and

the area to be served. To the extent that

the jurisdiction’s Consolidated Plan and

Analysis of Impediments to Fair

Housing Choice, Continuum of Care

Homeless Assistance plans,

comprehensive HIV/AIDS housing plans

and other sources are applicable and

identify the level of the problem and the

urgency in meeting the need, references

to these documents should be included

in the response. If the application

proposes to serve a subpopulation of

eligible persons on the basis that these

persons have been traditionally

underserved, the application must

document the need for this targeted

effort.

(3) (5 Points) Need in Non-Formula

Areas and for Renewals. Within the

points available under this criterion,

HUD will award points under the

following two circumstances:

(a) An application that proposes to

serve clients in an area that does not

qualify for HOPWA formula allocation.

HUD recognizes that the clients in these

areas that benefit under the proposed

project do not have access to HOPWA

formula allocations that distribute 90

percent of the annual appropriation for

this program; or

(b) An application that proposes to

continue the operations of HOPWA

funded activities that have been

supported by HOPWA competitive

funds in prior years and that have

operated with reasonable success. An

applicant has operated with reasonable

success if it shows that previous

HOPWA-funded activities have been

carried out and are nearing completion

of the planned activities in a timely

manner. The applicant should also

show that performance reports were

provided and that benchmarks, if any,

in program development and operation

have been met, and that the number of

persons assisted is comparable to the

number that was planned at the time of

application.

(4) (5 Points) Highest Rated in a State

or the Nation (for nationwide activities).

After the other rating factors have been

determined, HUD will award five of the

points to help achieve greater

geographic diversity in funding

activities within a variety of States.

Under this criterion, five points will be

awarded to the highest rated application

under each category in each State and

to the highest rated application among

the applications that propose

nationwide activities.

(5) Up to two (2) additional points

will be awarded to any application

submitted by the City of Dallas, Texas,

to the extent this subfactor is addressed.

Due to an order of the U.S. District

Court for the Northern District of Texas,

Dallas Division, with respect to any

application submitted by the City of

Dallas, Texas, HUD’s consideration of

this subfactor will consider the extent to

which the applicant’s plan for the use

of HOPWA funds will be used to

eradicate the vestiges of racial

segregation in the Dallas Housing

Authority’s programs consistent with

the Court’s order.

Rating Factor 3: Soundness of

Approach: Responsiveness and Model

Qualities (40 Points)

This factor addresses the quality of

the applicant’s proposed plan in

providing a clear relationship between

the proposed activities, community

needs and the purpose of the program

funding. HUD will award up to 40

points based on the extent to which the

proposal shows a soundness in its

approach to assisting HOPWA eligible

persons.

(1) (20 Points) Responsiveness. Of the

points available under this criteria, HUD

will award up to 20 points based on the

proposal’s responsiveness to the needs

of clients. HUD will consider the extent

to which the proposed activities address

area needs for the project. The proposal

should demonstrate that:

(a) The proposed activities respond to

the need for housing and related

supportive services for eligible persons

in the community. Under this NOFA,

HUD is requiring that an application

that proposes to use HOPWA funds for

supportive services only should clearly

demonstrate that the housing needs of

eligible persons in the area are

addressed through other means to

ensure that the proposal fits within the

purposes of this program;

(b) The proposed activities will offer

a personalized response to the needs of

clients that maximizes opportunities for

independent living, including

accessibility of housing units and other

structures, and in the case of a family,

accommodates the needs of families.

(c) The proposed activities will result

in tangible benefits for the community

and for persons with HIV/AIDS and

their families, including persons who

have been traditionally underserved, as

documented by the applicant under

Factor 2 in the application’s description

of need.

(d) In relation to technical assistance

activities proposed in the application,

the proposed activities respond to the

technical assistance needs of programs

that provide or seek to provide housing

and related supportive services for

HOPWA-eligible persons.

(2) (15 Points) Model Qualities. Of the

points available under this criteria, HUD

will award up to 15 points based on the

proposal’s model qualities in offering or

expanding housing opportunities for

persons living with HIV/AIDS and their

families. The proposal should

demonstrate that the design, planning,

operation, coordination with health-care

and other supportive services,

management oversight, and evaluation

of activities are appropriate and

sufficiently shown to serve as a model

for replication in other similar

communities.

HUD will consider the extent to

which the application demonstrates that

the proposed activities will result in

measurable accomplishments that serve

as a Special Project of National

Significance, when compared to other

applications and projects funded under

this category in the past; or a Project

that is part of a Long-Term

Comprehensive Strategy for providing

housing and related supportive services

for HOPWA-eligible persons in areas of

the nation that do not receive HOPWA

formula allocations.

Under this criterion, the highest rating

will be given to applications that

demonstrate:

(a) That the proposed activities will

be undertaken using technically

competent methodologies for

conducting the work to be performed

that may include a cost-effective plan

for designing, organizing, and carrying

out the proposed activities. The

proposed cost estimates should be

reasonable for the work to be performed

and consistent with rates established for

the level of expertise required to

perform the work in the proposed

geographic area. All activities that

include rehabilitation, construction,

weatherization, lead-based paint

removal, and other activities related to

site and design must meet or exceed

local building codes.

(b) A potential for yielding a ‘‘best

practice’’ that can be replicated and

disseminated to other organizations,

including nonprofit organizations and

State and local governments. HUD will

assess the transferability of results in

terms of model programs or lessons

learned from the work performed under

the award. If selected, the applicant will

be required to prepare an analysis of

best practices as part of their reports to

HUD that may be used by HUD to
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24013

inform others who may be interested in

learning from the experiences gained

from the work performed under awards

funded through this NOFA.

(c) In the case of a project that is part

of a Long-Term Comprehensive Strategy

in an area that does not receive a

HOPWA formula allocation, that the

proposed project is part of a community

strategy involving local, metropolitan,

or State-wide planning and coordination

of housing programs designed to meet

the changing needs of low-income

persons with HIV/AIDS and their

families, including programs providing

housing assistance and related services

that are operated by Federal, State,

local, private, and other entities serving

eligible persons.

(3) (5 Points) Innovation. Of the

points available under this factor, HUD

will award up to five points for an

application that demonstrates

innovation in the provision of housing

for persons living with HIV/AIDS and

their families.

HUD will consider the extent to

which the project involves a new

program for, or alternative method of,

meeting the needs of eligible persons,

when compared to other HOPWA

applications under this notice and

HOPWA projects funded in the past.

HUD will consider the extent to which

the project design, management plan,

proposed effects, local planning and

coordination of housing programs, and

proposed activities help to ensure that

the innovation or innovative quality

will benefit eligible persons. HUD will

also consider the extent to which the

proposal provides for the evaluation of

this innovation or quality in order to

measure the benefit(s) and allow for the

dissemination of information on the

success of the proposed activities in

assisting eligible persons and/or in

establishing or operating systems of

housing and related care for eligible

persons. Under this criterion, the

highest rating will be given to

applications that demonstrate

innovation in a clear and reasonable

manner and the innovation is likely, in

HUD’s view, to be effective in

addressing needs.

Rating Factor 4: Leveraging Resources

(10 Points)

This factor addresses the ability of the

applicant to secure community

resources which can be combined with

HUD’s program resources to achieve

program purposes. HUD will award up

to 10 points based on the extent to

which resources from other public or

private sources have been committed to

support the project at the time of

application. Exhibit 4 of the application

kit provides guidance on the

appropriate language that applicant’s

must use to document these leveraged

resources.

In establishing leveraging, HUD will

not consider other HOPWA-funded

activities, entitlement benefits inuring

to eligible persons, or conditioned

commitments that depend on future

fund-raising or actions. In assessing the

use of acceptable leveraged resources,

HUD will consider the likelihood that

State and local resources will be

available and continue during the

operating period of the grant. In

evaluating this factor HUD will also

consider:

(1) The extent to which the applicant

documents leveraged resources, such as

funding and/or in-kind services from

governmental entities, private

organizations, resident management

organizations, educational institutions,

or other entities in order to achieve the

purposes of the project for which the

applicant is requesting HOPWA funds.

(2) The extent to which the

documented resources evidence that the

applicant has partnered with other

entities to make more effective use of

available public or private resources.

Partnership arrangements may include,

but are not limited to, funding or inkind services from local governments or

government agencies, nonprofit or forprofit entities, private organizations,

educational institutions, or other

entities that are willing to partner with

the applicant on proposed activities in

order to leverage resources, or

partnering with other program funding

recipients to make more effective use of

resources within the geographic area

covered by the award.

Rating Factor 5: Comprehensiveness and

Coordination (10 Points)

This factor addresses the extent to

which the applicant coordinated its

activities with other known

organizations, participates or promotes

participation in a community’s

Continuum of Care Homeless Assistance

planning process (if homeless persons

are to be served by proposed activities),

the jurisdiction’s Consolidated Planning

process, and is working towards

addressing a need in a holistic and

comprehensive manner through

linkages with other activities in the

community. HUD will award up to 10

points based on the proposal’s

comprehensiveness and coordination. In

order to ensure that resources are used

to their maximum effect within the

community, it is important that

organizations seeking funds under this

program be involved in HUD’s planning

processes for community development

and homeless assistance resources. If an

applicant, sponsor or other involved

organization has been involved in these

processes, that involvement should be

described under this factor.

HUD will consider the extent to

which the proposal describes how

activities were planned and are

proposed to be carried out with HOPWA

funds and other resources in order to

provide a comprehensive and

responsive range of housing and related

supportive services to meet the

changing needs of eligible persons. The

proposal should demonstrate that

housing is provided in conjunction with

the client’s access to health-care and

other supportive services in the area to

be served, including assistance provided

under the Ryan White CARE Act

programs.

In evaluating this factor, HUD will

consider the extent to which the

applicant demonstrates it has:

(1) Coordinated its proposed activities

with those of other groups or

organizations prior to submission in

order to best complement, support, and

coordinate all known activities, and if

funded, the specific steps it will take to

share information on solutions and

outcomes with others. Any written

agreements, memoranda of

understanding in place, or that will be

in place after award should be

described.

(2) Been actively involved in its

community’s Continuum of Care

Homeless Assistance planning process

(if homeless persons are to be served by

proposed activities), and/or the

jurisdiction’s Consolidated Planning

process established to identify and

address a need/problem that is related

in whole, or part, directly, or indirectly

to the activities the applicant proposes.

In the case of technical assistance

providers, the applicant will be

evaluated on the specific steps it will

take to work with recipients of technical

assistance services to inform them of,

and get them involved in, the

community’s Continuum of Care

Homeless Assistance planning process

and/or the jurisdiction’s Consolidated

Planning process, as applicable. HUD

will review more favorably those

applicants who can demonstrate they

are active, or in the case of technical

assistance providers, will work with

recipients of technical assistance to get

them involved in these local and State

planning process.

(3) Developed linkages, or the specific

steps it will take to develop linkages

with other activities, programs or

projects through meetings, information

networks, planning processes, or other

mechanisms to coordinate its activities
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so solutions are holistic and

comprehensive, including linkages

with:

(a) Other HUD-funded projects/

activities outside the scope of those

covered by the Consolidated Plan; and

(b) Other activities funded by the

Federal, State, or local government,

including those proposed or on-going in

the community.

(E) Selection of HOPWA Awards

Whether an HOPWA application is

conditionally selected will depend on

its overall ranking compared to other

applications within each of the two

categories of assistance. HUD will select

applications in rank order in each

category of assistance to the extent that

funds are available, except as noted

below. In allocating amounts to the

categories of assistance, HUD reserves

the right to ensure that sufficient funds

are available for the selection of at least

one application under each category of

assistance.

HUD reserves the right to achieve

greater diversity in the selection of

applications (i.e., by selecting a lower

rated application), in the case that an

application demonstrates a great unmet

need and no applicant in that State has

been the recipient of any prior HOPWA

competitive grant or formula allocation.

In selecting a lower rated application in

order to achieve greater diversity under

this paragraph (i.e. resulting in funding

activities within a variety of states),

HUD will not select an application that

is rated below 50 points.

In the event of a tie between

applications in a category of assistance,

HUD reserves the right to break the tie:

by selecting the proposal that increases

geographic diversity as defined in the

prior paragraph; and, if greater

geographic diversity is not achievable,

by subsequently designating as the

higher rated proposal, that proposal

which was scored higher on a rating

criterion, taken in the following order

until the tie is broken: the Soundness of

Approach: Responsiveness and Model

Qualities (Rating Factor 3);

Comprehensiveness and Coordination

(Rating Factor 5); the Capacity of the

Applicant and Relevant Organizational

Experience (Rating Factor 1); the Need/

Extent of the Problem (Rating Factor 2);

and Leveraging Resources (Rating Factor

4).

HUD will notify conditionally

selected applicants in writing. Such

applicants will subsequently be notified

of any modification made by HUD, the

additional project information necessary

for grant award, and the date of deadline

for submission of such information. In

the event that a conditionally-selected

applicant is unable to meet any

conditions for fund award within the

specified timeframe or funds are

deobligated under a grant awarded

under this competition, HUD reserves

the right not to award funds to the

applicant, but instead to: use those

funds to make awards to the next

highest rated applications in this

competition; to restore amounts to a

funding request that had been reduced

in this competition; or to add amounts

to funds available for the next

competition.

IV. Application Submission

Requirements

The HOPWA application kit provides

an application that must be used in

applying for program funds under this

NOFA. The HOPWA application

provides certifications and an SF–424

that are applicable to this program, and

HOPWA applicants are not required to

provide the forms, certifications, and

assurances listed in Section II(G) of the

General Section of the SuperNOFA.

Section II(D) of the General Section of

this SuperNOFA regarding

Affirmatively Furthering Fair Housing

does not apply to the HOPWA program.

All HOPWA applications must

contain the following items:

(A) Transmittal Letter

This letter identifies which program

under the SuperNOFA for which funds

are requested and the dollar amount

requested.

(B) Narrative Statements

The HOPWA application provides for

narrative statements that address the

Factors for Award found at Section

III(D) of this NOFA.

(C) Service Areas

The HOPWA application provides for

a statement to identify the area(s) in

which the application proposes to offer

housing and/or services.

(D) Budget

The budget should be submitted on

the form found in the HOPWA

Application Kit, in lieu of the standard

budget form under the General Section

of this SuperNOFA.

V. Corrections to Deficient Applications

The General Section of the

SuperNOFA provides the procedures for

corrections to deficient applications.

VI. Environmental Requirements

All HOPWA assistance is subject to

the National Environmental Policy Act

of 1969, applicable related Federal

environmental authorities, and the

environmental review requirements in

24 CFR 574.510. HUD’s conditional

selection of an application does not

constitute approval of a proposed site.

Before an applicant or project sponsor

may acquire, rehabilitate, convert, lease,

repair or construct properties to provide

housing, or commit Federal or nonFederal funds to such activities, HUD

will perform an environmental review

with respect to a proposed property in

accordance with 24 CFR part 50.

VII. Section 3

To the extent that any housing

assistance (including rental assistance)

funded through this program section of

the SuperNOFA is used for housing

rehabilitation (including reduction and

abatement of lead-based paint hazards,

but excluding routine maintenance,

repair, and replacement) or housing

construction, then it is subject to section

3 of the Housing and Urban

Rehabilitation Act of 1968, and the

implementing regulations at 24 CFR part

135. Section 3, as amended, requires

that economic opportunities generated

by certain HUD financial assistance for

housing and community development

programs shall, to the greatest extent

feasible, be given to low-and very lowincome persons, particularly those who

are recipients of government assistance

for housing, and to businesses that

provide economic opportunities for

these persons.

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Funding Availability for Section 202

Supportive Housing for the Elderly

Program

Program Description: Approximately

$402,397,190 is available for the Section

202 Supportive Housing for the Elderly

Program. Under the Section 202

Program, assistance is provided to

private nonprofit organizations and

nonprofit consumer cooperatives to

expand the supply of supportive

housing for the elderly.

Application Due Date: Completed

applications must be submitted no later

than 6:00 pm, local time on July 7, 1998

at the address shown below. See the

General Section of this SuperNOFA for

specific procedures governing the form

of application submission (e.g., mailed

applications, express mail, overnight

delivery, or hand carried).

Address for Submitting Applications:

Completed applications (an original and

four copies) must be submitted to the

Director of either the Multifamily Hub

Office or Multifamily Program Center

having jurisdiction over the proposed

project with the following exceptions:

1. Applications for projects proposed

to be located within the jurisdiction of

the Seattle, Washington and the

Anchorage, Alaska Offices must be

submitted to the Portland, Oregon

Office.

2. Applications for projects proposed

to be located within the jurisdiction of

the Sacramento, California Office must

be submitted to the San Francisco,

California Office.

3. Applications for projects proposed

to be located within the jurisdiction of

the Cincinnati, Ohio Office must be

submitted to the Columbus, Ohio Office.

4. Applications for projects proposed

to be located within the State of Nevada

must be submitted to the Denver,

Colorado Office.

A listing of the Multifamily Hubs and

Program Centers, their addresses, and

telephone numbers, including TTY

numbers is included in the application

kit, and is also available from HUD’s

SuperNOFA Information Center at 1–

800–HUD–8929 and from the Internet

through the HUD web site at http://

www.hud.gov.

For Application Kits, Further

Information, and Technical Assistance

For Application Kits. For an

application kit and any supplemental

information, please call HUD’s

SuperNOFA Information Center at 1–

800–HUD–8929. Persons with hearing

or speech impairments may call the

Center’s TTY number at 1–800–483–

2209. The application kit also will be

available on the Internet through the

HUD web site at http://www.hud.gov.

When requesting an application kit,

please refer to the Section 202 Program

and provide your name, address

(including zip code), and telephone

number (including area code).

You may also contact the Multifamily

Hub Office or Multifamily Program

Center having jurisdiction over the

proposed project.

Immediately upon publication of this

SuperNOFA, if HUD Offices have not

already provided names to the

SuperNOFA Information Center, the

Offices shall notify elderly and minority

media, all persons and organizations on

their mailing lists, minority and other

organizations within their jurisdiction

involved in housing and community

development, and other groups with

special interest in housing for elderly

households.

For Further Information and

Technical Assistance. For further

information and technical assistance,

please contact the Multifamily Hub

Office or Multifamily Program Center

having jurisdiction over the proposed

project. HUD encourages minority

organizations to participate in this

Section 202 Program as Sponsors and

strongly recommends that prospective

applicants attend the local HUD Office

workshop which will be held within

three weeks of the publication of this

SuperNOFA. Interested applicants

should ensure that their names are

included on the appropriate HUD

Office’s mailing list so that they will be

informed of the date, time and place of

the workshop. Interested persons with

disabilities should contact the HUD

Office to assure that any necessary

arrangements can be made to enable

their attendance and participation in the

workshop. At the workshops, HUD will

explain application procedures and

requirements. Also, HUD will address

concerns such as local market

conditions, building codes and

accessibility requirements, historic

preservation, floodplain management,

displacement and relocation, zoning,

and housing costs.

Sponsors who cannot attend the

workshops are strongly encouraged to

contact the appropriate HUD Office with

any questions regarding the submission

of applications to that particular office

and to request any materials distributed

at the workshop.

Additional Information

I. Authority; Purpose; Amount

Allocated; and Eligibility

(A) Authority

The Section 202 Supportive Housing

for the Elderly Program is authorized by

section 202 of the Housing Act of 1959

(12 U.S.C. 1701q). Section 202 was

amended by section 801 of the

Cranston-Gonzalez National Affordable

Housing Act (NAHA)(Pub. L. 101–625;

approved November 28, 1990). Section

202 was also amended by the Housing

and Community Development Act of

1992 (HCD Act of 1992)(Pub.L. 102–550;

approved October 28, 1992), and by the

Rescissions Act (Pub.L. 104–19; enacted

on July 27, 1995).

(B) Purpose

The purpose of this NOFA is to

provide funds to enable private

nonprofit organizations and nonprofit

consumer cooperatives to expand the

supply of supportive housing for very

low-income persons 62 years of age or

older that is designed to accommodate

the special needs of elderly persons and

provides a range of services that are

tailored to the needs of elderly persons

occupying such housing.

HUD provides the assistance as

capital advances and contracts for

project rental assistance in accordance

with 24 CFR part 891. Capital Advances

are used to finance the construction or

rehabilitation of a structure, or

acquisition of a structure from the

Federal Deposit Insurance Corporation

(formerly held by the Resolution Trust

Corporation) (FDIC/RTC). Capital

Advance funds will bear no interest and

will be based on development cost

limits published in the Federal Register.

Repayment of the capital advance is not

required as long as the housing remains

available for occupancy by very lowincome elderly persons for at least 40

years.

Project rental assistance contracts are

used to supplement the difference

between what the residents pay and the

HUD-approved expense to operate the

project.

(C) Amount Allocated

For supportive housing for the

elderly, the FY 1998 HUD

Appropriations Act provides

$645,000,000 for capital advances,

including amendments to capital

advance contracts, for supportive

housing for the elderly as authorized by

section 202 of the Housing Act of 1959

(as amended by the NAHA and HCD Act

of 1992), and for project rental

assistance, and amendments to contracts

for project rental assistance, for

supportive housing for the elderly under

section 202(c)(2) of the Housing Act of

1959, as amended. In accordance with

the waiver authority provided in the

Act, the Secretary is waiving the

following statutory and regulatory

provision: The term of the project rental
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assistance contract is reduced from 20

years to a minimum term of 5 years.

HUD anticipates that at the end of the

contract terms, renewals will be

approved subject to the availability of

funds. In addition to this provision,

HUD will reserve project rental

assistance contract funds based on 75

percent rather than on 100 percent of

the current operating cost standards for

approved units in order to take into

account the average tenant contribution

toward rent.

Although not subject to the section

213(d) requirements, a formula is still

used for allocating Section 202 funds.

The allocation formula was developed

to reflect the ‘‘relevant characteristics of

prospective program participants’’, as

specified in 24 CFR 791.402(a). The FY

1998 formula for allocating Section 202

capital advance funds consists of one

data element: a measure of the number

of one and two person renter

households with incomes at or below

the Departments’s Very-low Income

Limit (50 percent of area median family

income, as determined by HUD, with an

adjustment for household size), which

have housing deficiencies. The counts

of elderly renter households with

housing deficiencies were taken from a

special tabulation of the 1990 Decennial

Census. The formula focuses the

allocation on targeting the funds based

on the unmet needs of elderly renter

households with housing problems.

Under Section 202, 85 percent of the

total capital advance amount is

allocated to metropolitan areas and 15

percent to nonmetropolitan areas. In

addition, each HUD Office jurisdiction

receives sufficient capital advance funds

for a minimum of 20 units in

metropolitan areas and 5 units in

nonmetropolitan areas. The total

amount of capital advance funds to

support these minimum set-asides are

then subtracted from the respective

(metropolitan or nonmetropolitan) total

capital advance amount available. The

remainder is fair shared to each HUD

Office jurisdiction based on the

allocation formula fair share factors.

NOTE: The allocations for metropolitan

and nonmetropolitan portions of the

Multifamily Hub or Program Center

jurisdictions reflect the most current

definitions of metropolitan and

nonmetropolitan areas, as defined by

the Office of Management and Budget.

A fair share factor is developed for

each metropolitan and nonmetropolitan

portion of each local HUD Office

jurisdiction. A fair share factor is

developed by taking the number of

renter households for the total United

States. The resulting percentage for each

local HUD Office jurisdiction is then

adjusted to reflect the relative cost of

providing housing among the HUD

Office jurisdictions. The adjusted needs

percentage for the applicable

metropolitan or nonmetropolitan

portion of each jurisdiction is then

multiplied by respective total remaining

capital advance funds available

nationwide.

Based on the allocation formula, HUD

has allocated the available capital

advance funds as shown on the

following chart:

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(D) Eligible Applicants

Private nonprofit organizations and

nonprofit consumer cooperatives are the

only eligible applicants under this

Section 202 Program. Neither a public

body nor an instrumentality of a public

body is eligible to participate in the

program.

No organization shall participate as

Sponsor or Co-sponsor in the filing of

application(s) for a capital advance in

three (3) or more Hubs in this fiscal year

in excess of that necessary to finance the

construction, rehabilitation, or

acquisition (acquisition permitted only

with FDIC/RTC properties) of 200 units

of housing and related facilities for the

elderly. This limit shall apply to

organizations that participate as Cosponsors regardless of whether the Cosponsors are affiliated or nonaffiliated

entities. In addition, the national limit

for any one applicant is 10 percent of

the total units allocated in all HUD

offices (554 units). Affiliated entities

that submit separate applications shall

be deemed to be a single entity for the

purposes of these limits. No single

application may propose more than the

number of units allocated to a HUD

office or 125 units, whichever is less.

Reservations for projects will not be

approved for less than 5 units.

(E) Eligible Activities

Section 202 capital advance funds

must be used to finance the

development of housing through new

construction, rehabilitation, or

acquisition of housing from the FDIC/

Resolution Trust Corporation. Project

Rental Assistance funds are provided to

cover the difference between the HUDapproved operating costs and the

amount the residents pay (each resident

pays 30 percent of adjusted income).

Project Rental Assistance Contract

funds may also be used to provide

supportive services and to hire a service

coordinator in those projects serving the

frail elderly residents. The supportive

services must be appropriate to the

category or categories of frail elderly

residents to be served.

(F) Ineligible Activities

Section 202 funds may not be used for

nursing homes, infirmaries, medical

facilities, mobile home projects,

community centers, headquarters for

organizations for the elderly,

nonhousekeeping accommodations, or

refinancing of sponsor-owned facilities

without rehabilitation.

II. Program Requirements

In addition to the program

requirements listed in the General

Section of this NOFA, applicants are

subject to the following requirements:

(A) Statutory and Regulatory

Requirements

All applicants must comply with all

statutory and regulatory requirements

applicable to the Section 202 Program as

cited in Section I(A) and I(B) above.

(B) HUD/RHS Agreement

In accordance with an agreement

between HUD and the Rural Housing

Service (RHS) to coordinate the

administration of the agencies’

respective rental assistance programs,

HUD is required to notify RHS of

applications for housing assistance it

receives. This notification gives RHS the

opportunity to comment if it has

concerns about the demand for

additional assisted housing and possible

harm to existing projects in the same

housing market area. HUD will consider

the RHS comments in its review and

project selection process.

(C) Development Cost Limits

(1) The following development cost

limits, adjusted by locality as described

in Section II(C)(2) of this NOFA, below,

shall be used to determine the capital

advance amount to be reserved for

projects for the elderly:

(a) The total development cost of the

property or project attributable to

dwelling use (less the incremental

development cost and the capitalized

operating costs associated with any

excess amenities and design features to

be paid for by the Sponsor) may not

exceed:

Nonelevator structures:

$28,032 per family unit without a

bedroom;

$32,321 per family unit with one

bedroom;

$38,979 per family unit with two

bedrooms;

For elevator structures:

$29,500 per family unit without a

bedroom;

$33,816 per family unit with one

bedroom;

$41,120 per family unit with two

bedrooms.

(b) These cost limits reflect those

costs reasonable and necessary to

develop a project of modest design that

complies with HUD minimum property

standards; the accessibility

requirements of § 891.120(b); and the

project design and cost standards of

§ 891.120.

(2) Increased development cost limits.

(a) HUD may increase the

development cost limits set forth in

section IV(A)(1) of this NOFA, above, by

up to 140 percent in any geographic area

where the cost levels require, and may

increase the development cost limits by

up to 160 percent on a project-by-project

basis.

(b) If HUD finds that high

construction costs in Alaska, Guam, the

Virgin Islands, or Hawaii make it

infeasible to construct dwellings,

without the sacrifice of sound standards

of construction, design, and livability,

within the development cost limits

provided in section IV(A) of this NOFA,

above, the amount of the capital

advances may be increased to

compensate for such costs. The increase

may not exceed the limits established

under this section (including any high

cost area adjustment) by more than 50

percent.

(D) Economic Opportunities for Low and

Very Low-Income Persons (Section 3)

Recipients shall comply with section

3 of the Housing and Urban

Development Act of 1968, 12 U.S.C.

1701u (Economic Opportunities for Low

and Very Low Income Persons), and its

implementing regulations at 24 CFR part

135. Recipients shall ensure that

training, employment and other

economic opportunities shall, to the

greatest extent feasible, be directed

toward low- and very low-income

persons, particularly those who are

recipients of government assistance for

housing and to business concerns which

provide economic opportunities to low

and very low income persons.

Recipients must comply with the

reporting and recordkeeping

requirements found at 24 CFR part 135,

subpart E.

(E) Certifications and Resolutions

In addition to the certifications and

assurances listed in the General Section

of this NOFA with the exception of SF–

424A, SF–424B, SF–424C, SF–424D and

the OMB Circulars which are not

required, applicants are required to

submit signed copies of the following:

(1) Executive Order 12372

Certification. A certification that the

Sponsor has submitted a copy of its

application, if required, to the State

agency (single point of contact) for State

review in accordance with Executive

Order 12372.

(2) Certification of Consistency with

the Consolidated Plan (Plan) for the

jurisdiction in which the proposed

project will be located. The certification

must be made by the unit of general

local government if it is required to

have, or has, a complete Plan.

Otherwise, the certification may be

made by the State, or by the unit of

general local government if the project

will be located within the jurisdiction of
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the unit of general local government

authorized to use an abbreviated

strategy, and if it is willing to prepare

such a Plan.

All certifications must be made by the

public official responsible for

submitting the Plan to HUD. The

certifications must be submitted as part

of the application by the application

submission deadline date set forth in

this NOFA. The Plan regulations are

published in 24 CFR part 91.

(3) Certification of Compliance with

HUD’s project design and cost standards

and the Uniform Federal Accessibility

Standards;

(4) Certification of Compliance with

the Uniform Relocation Assistance and

Real Property Acquisition Policies Act

of 1970, as amended; and

(5) Sponsor’s Certification that it will

form an ‘‘Owner’’ (24 CFR 891.205) after

issuance of the capital advance; cause

the Owner to file a request for

determination of eligibility and a

request for capital advance, and provide

sufficient resources to the Owner to

insure the development and long-term

operation of the project, including

capitalizing the Owner at firm

commitment processing in an amount

sufficient to meet its obligations in

connection with the project.

(6) A certified Board Resolution that

no officer or director of the Sponsor or

Owner has or will have any financial

interest in any contract with the Owner

or in any firm or corporation that has or

will have a contract with the Owner,

including a current listing of all duly

qualified and sitting officers and

directors by title, and the beginning and

ending dates of each person’s term.

(7) A certified Board Resolution,

acknowledging the responsibilities of

sponsorship, long-term support of the

project(s), willingness of Sponsor to

assist the Owner to develop, own,

manage, and provide appropriate

services in connection with the

proposed project, and that it reflects the

will of its membership. Also, evidence,

in the form of a certified Board

Resolution, of the Sponsor’s willingness

to fund the estimated start-up expenses,

the Minimum Capital Investment (onehalf of 1 percent of the HUD-approved

capital advance, not to exceed $10,000,

if nonaffiliated with a National Sponsor;

one-half of 1 percent of the HUDapproved capital advance, not to exceed

$25,000, for all other Sponsors;), and the

estimated cost of any amenities or

features (and operating costs related

thereto) that would not be covered by

the approved capital advance.

(8) Sponsor’s Certification that it will

not require residents to accept any

supportive services as a condition of

occupancy.

III. Application Selection Process

(A) Rating

All applications will be reviewed and

rated in accordance with the

Application Selection Process in the

General Section of this SuperNOFA

with the following exception. The

Secretary will not reject an application

based on threshold or technical review

without giving notice of that rejection

with all rejection reasons, and affording

the applicant an opportunity to appeal.

HUD will afford an applicant 14

calendar days from the date of HUD’s

written notice to appeal a technical

rejection to the HUD office. The HUD

office must respond within 5 working

days to the Sponsor. The HUD office

shall make a determination on an appeal

prior to making its selection

recommendations. All applications will

be either rated or technically rejected at

the end of technical review. Upon

completion of technical review, all

acceptable applications which meet all

program eligibility requirements will be

rated according to the selection criteria

in Section I(E)(3) of this Section 202

Program section of the SuperNOFA,

below.

(B) Ranking and Selection Procedures

Applications submitted in response to

the advertised metropolitan allocations

or nonmetropolitan allocations that

have a total base score (without the

addition of EC/EZ bonus points) of 60

points or more will be eligible for

selection, and HUD will place them in

rank order per metropolitan or

nonmetropolitan allocation. After

adding any bonus points for EC/EZ,

HUD will select these applications

based on rank order, up to and

including the last application that can

be funded out of each of the local HUD

office’s metropolitan or

nonmetropolitan allocations. HUD

offices shall not skip over any

applications in order to select one based

on the funds remaining. However, after

making the initial selections in each

allocation area, any residual funds may

be used to fund the next rank-ordered

application by reducing the number of

units by no more than 10% rounded to

the nearest whole number, provided the

reduction will not render the project

infeasible. For this purpose, however,

HUD will not reduce the number of

units in projects of nine units or less.

Once this process has been

completed, HUD offices may combine

their unused metropolitan and

nonmetropolitan funds in order to select

the next ranked application in either

category, using the unit reduction policy

described above, if necessary.

After the offices have funded all

possible projects based on the process

above, combined metropolitan and

nonmetropolitan residual funds from all

HUD Offices in each Multifamily Hub

will be combined. These funds will be

used first to restore units to projects

reduced by HUD offices as based on the

above instructions. Second, additional

applications within each Multifamily

Hub will be selected in rank order with

no more than one additional application

selected per HUD Office unless there are

insufficient approvable applications in

other HUD Offices within the

Multifamily Hub. This process will

continue until there are no more

approvable applications within the

Multifamily Hub that can be selected

with the remaining funds. However, any

remaining residual funds may be used

to fund the next rank-ordered

application by reducing the number of

units by no more than 10% rounded to

the nearest whole number, provided the

reduction will not render the project

infeasible. For this purpose, however,

HUD will not reduce the number of

units in projects of nine units or less.

Funds remaining after these processes

are completed will be returned to

Headquarters. These funds will be used

first to fund AHEPA, a FY 1996

application which was not selected due

to HUD error, second to restore units to

projects reduced by HUD offices as a

result of the instructions above and,

third, for selecting applications on a

national rank order. No more than one

application will be selected per HUD

office (excluding the Iowa State Office

since the above application is being

funded from the residual funds) from

the national residual amount, however,

unless there are insufficient approvable

applications in other HUD offices. If

funds still remain, additional

applications will be selected based on a

national rank order, insuring that no

more than one application will be

selected per HUD office unless there are

insufficient approvable applications in

other HUD offices.

(C) Factors for Award Used To Evaluate

and Rate Applications

HUD will rate applications for Section

202 capital advances that successfully

complete technical processing using the

Rating Factors set forth below and in

accordance with the application

submission requirements identified in

Section IV(B) below. The maximum

number of points for this program is

102. This includes two EZ/EC bonus
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24027

points, as described in the General

Section of the SuperNOFA.

Rating Factor 1: Capacity of the

Applicant and Relevant Organizational

Staff (30 Points)

This factor addresses the extent to

which the applicant has the

organizational resources to successfully

implement the proposed activities in a

timely manner.

In rating this factor, HUD will

consider the extent to which the

application demonstrates the Sponsor’s

ability to develop and operate the

proposed housing on a long-term basis,

considering the following:

(1) (20 points) The scope, extent, and

quality of the Sponsor’s experience in

providing housing or related services to

those proposed to be served by the

project and the scope of the proposed

project (i.e., number of units, services,

relocation costs, development, and

operation) in relationship to the

Sponsor’s demonstrated development

and management capacity as well as its

financial management capability; and

(2) (10 points) The scope, extent, and

quality of the Sponsor’s experience in

providing housing or related services to

minority persons or families. For

purposes of this NOFA ‘‘minority’’

means the basic racial and ethnic

categories for Federal statistics and

administrative reporting, as defined in

OMB’s Statistical and Policy Directive

No. 15. (See 60 FR 44673, at 44692,

August 28, 1995.)

Rating Factor 2: Need/Extent of the

Problem (10 Points)

This factor addresses the extent to

which there is a need for funding the

proposed activities to address a

documented problem in the target area.

In evaluating this factor, HUD will

consider:

The extent of the need for the project

in the area based on a determination by

the HUD Office. HUD will make this

determination by considering the

Sponsor’s evidence of need in the area,

as well as other economic, demographic,

and housing market data available to the

HUD office. The data could include the

availability of existing Federally

assisted housing (HUD and RHS) (e.g.,

considering availability and vacancy

rates of public housing) for the elderly

and current occupancy in such

facilities; Federally assisted housing for

the elderly under construction or for

which fund reservations have been

issued; and in accordance with an

agreement between HUD and the RHS,

comments from the RHS on the demand

for additional assisted housing and the

possible harm to existing projects in the

same housing market area. Also, to the

extent that the community’s Analysis of

Impediments to Fair Housing Choice

(AI) or other planning document that

analyzes fair housing issues and is

prepared by a local planning or similar

organization identifies the level of the

problem and the urgency in meeting the

need, the AI or planning document

should be referred to in the response.

The Department will review more

favorably those applications in which

the AI or planning document supports

the need for the project.

Rating Factor 3: Soundness of Approach

(40 Points)

This factor addresses the quality and

effectiveness of the applicant’s proposal.

There must be a clear relationship

between the proposed activities, the

community’s needs and purposes of the

program funding for an applicant to

receive points for this factor. In

evaluating this factor, HUD will

consider the following:

(1) (15 points) The proximity or

accessibility of the site to shopping,

medical facilities, transportation, places

of worship, recreational facilities, places

of employment, and other necessary

services to the intended occupants;

adequacy of utilities and streets;

freedom of the site from adverse

environmental conditions; compliance

with site and neighborhood standards

(24 CFR 891.125);

(2) (10 points) The suitability of the

site from the standpoints of promoting

a greater choice of housing

opportunities for minority elderly

persons/families, and affirmatively

furthering fair housing;

(3) (3 points) The extent to which the

proposed design will meet the special

physical needs of elderly persons;

(4) (3 points) The extent to which the

proposed size and unit mix of the

housing will enable the Sponsor to

manage and operate the housing

efficiently and ensure that the provision

of supportive services will be

accomplished in an economical fashion;

(5) (3 points) The extent to which the

proposed design of the housing will

accommodate the provision of

supportive services that are expected to

be needed, initially and over the useful

life of the housing, by the category or

categories of elderly persons the

housing is intended to serve;

(6) (3 points) The extent to which the

proposed supportive services meet the

identified needs of the anticipated

residents; and

(7) (3 points) The extent to which the

Sponsor demonstrated that the

identified supportive services will be

provided on a consistent, long-term

basis.

Rating Factor 4: Leveraging Resources

(10 Points)

This factor addresses the ability of the

applicant to secure other community

resources which can be combined with

HUD’s program resources to achieve

program purposes.

(1) (5 points) The extent of local

government support (including financial

assistance, donation of land, provision

of services, etc.) for the project; and

(2) (5 points) The extent of the

Sponsor’s activities in the community,

including previous experience in

serving the area where the project is to

be located, and the Sponsor’s

demonstrated ability to enlist volunteers

and raise local funds.

Rating Factor 5: Comprehensiveness and

Coordination (10 Points)

This factor addresses the extent to

which the applicant coordinated its

activities with other known

organizations, participates or promotes

participation in a community’s

Consolidated Planning process, and is

working towards addressing a need in a

holistic and comprehensive manner

through linkages with other activities in

the community.

(1) (4 points) The Sponsor’s

involvement of elderly persons,

particularly minority elderly persons, in

the development of the application, and

its intent to involve elderly persons,

particularly minority elderly persons, in

the development and operation of the

project; and

(2) (2 points) The extent to which the

Sponsor coordinated its application

with other organizations to complement

and/or support the proposed project;

(3) (2 points) The extent to which the

Sponsor demonstrates that it has been

actively involved, or if not currently

active, the steps it will take to become

actively involved in its community’s

Consolidated Planning process to

identify and address a need/problem

that is related in whole or part, directly

or indirectly to the proposed project;

(4) (2 points) The extent to which the

Sponsor developed or plans to develop

linkages with other activities, programs

or projects related to the proposed

project to coordinate its activities so

solutions are holistic and

comprehensive; and

IV. Application Submission

Requirements

(A) Application

Each application must include all of

the information, materials, forms, and
24028 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

exhibits listed in Section IV(B) (with the

exception of applications submitted by

Sponsors selected for a Section 202 fund

reservation within the last three funding

cycles) and in the application kit. Such

previously selected Section 202

Sponsors are not required to submit the

information described in Sections

IV(B)(2)(a), (b), and (c) of this Section

202 Program section of the SuperNOFA,

below (Exhibits 2.a., b., and c. of the

application), which are the articles of

incorporation, (or other organizational

documents), by-laws, and the IRS tax

exemption, respectively. If there has

been a change in any of the eligibility

documents since its previous HUD

approval, the Sponsor must submit the

updated information in its application.

The local HUD Office will base its

determination of the eligibility of a new

Sponsor for a reservation of Section 202

capital advance funds on the

information provided in the application.

HUD offices will verify a Sponsor’s

indication of previous HUD approval by

checking the project number and

approval status with the appropriate

HUD Office.

In addition to this relief of paperwork

burden in preparing applications,

applicants will be able to submit

information and exhibits they have

previously prepared for prior

applications under Section 202, Section

811, or other funding programs.

Examples of exhibits that may be readily

adapted or amended to decrease the

burden of application preparation

include, among others, those on

previous participation in the Section

202 or Section 811 programs, applicant

experience in provision of housing and

services, supportive services plan,

community ties, and experience serving

minorities.

(B) General Application Requirements

(1) Form HUD–92015–CA,

Application for Section 202 Supportive

Housing Capital Advance.

(2) Evidence of each Sponsor’s legal

status as a private nonprofit

organization or nonprofit consumer

cooperative, including the following:

(a) Articles of Incorporation,

constitution, or other organizational

documents;

(b) By-laws;

(c) IRS tax exemption ruling (this

must be submitted by all Sponsors,

including churches). A consumer

cooperative that is tax exempt under

State law, has never been liable for

payment of Federal income taxes, and

does not pay patronage dividends may

be exempt from the requirement set out

in the previous sentence if it is not

eligible for tax exemption.

Note: Sponsors who have received a

section 202 fund reservation within the last

three funding cycles are not required to

submit the documents described in (a), (b),

and (c), above. Instead, sponsors must submit

the project number of the latest application

and the HUD office to which it was

submitted. If there have been any

modifications or additions to the subject

documents, indicate such, and submit the

new material.

(3) Sponsor’s purpose, community

ties, and experience, including the

following:

(a) A description of Sponsor’s

purpose, current activities and how long

it has been in existence;

(b) A description of Sponsor’s ties to

the community at large and to the

minority and elderly communities in

particular;

(c) A description of local government

support (including financial assistance,

donation of land, provision of services,

etc.);

(d) Letters of support for the Sponsor

and for the proposed project from

organizations familiar with the housing

and supportive services needs of the

elderly that the Sponsor expects to serve

in the proposed project;

(e) A description of Sponsor’s housing

and/or supportive services experience.

The description should include any

rental housing projects and/or

supportive services facilities sponsored,

owned, and operated by the Sponsor;

the Sponsor’s past or current

involvement in any programs other than

housing that demonstrates the Sponsor’s

management capabilities (including

financial management) and experience;

the Sponsor’s experience in serving the

elderly, including elderly persons with

disabilities, and/or families and

minorities; and the reasons for receiving

any increases in fund reservations for

developing and/or operating previously

funded Section 202 or Section 811

projects;

(f) A description, if applicable, of the

Sponsor’s efforts to involve elderly

persons, including minority elderly

persons, in the development of the

application, as well as its intent to

involve elderly persons in the

development of the project.

(g) A description of the steps the

Sponsor took to identify and coordinate

its application with other organizations

to complement and/or support the

proposed project as well as the steps it

will take, if funded, to share information

on solutions and outcomes relative to

the development of the proposed

project.

(h) A description of the Sponsor’s

involvement in its community’s

Consolidated Planning process

including:

(i) An identification of the lead/

facilitating agency that organizes/

administers the process;

(ii) An identification of the

Consolidated Plan issue areas in which

the Sponsor participates;

(iii) The Sponsor’s level of

participation in the process, including

active involvement in any committees.

If Sponsor is not currently active,

describe the specific steps it will take to

become active in the Consolidated

Planning process. (Consult local HUD

Office for the identification of the

Consolidated Plan community process

for the appropriate area.)

(4) Project information, including the

following:

(a) Evidence of need for supportive

housing. Such evidence would include

a description of the category or

categories of elderly persons the

housing is intended to serve and

evidence demonstrating sustained

effective demand for supportive housing

for that population in the market area to

be served, taking into consideration the

occupancy and vacancy conditions in

existing Federally assisted housing for

the elderly (HUD and RHS; e.g., public

housing); State or local data on the

limitations in activities of daily living

among the elderly in the area; aging in

place in existing assisted rentals; trends

in demographic changes in elderly

population and households; the

numbers of income eligible elderly

households by size, tenure, and housing

condition; the types of supportive

services arrangements currently

available in the area; and the use of such

services as evidenced by data from local

social service agencies or agencies on

aging. Also, a description of how

information in the community’s

Analysis of Impediments to Fair

Housing Choice was used in

documenting the need for the project.

(b) A description of how the proposed

project will benefit the target population

and the community in which it will be

located.

(c) A description of the project,

including the following:

(i) A narrative description of the

building design, including a description

of the number of units with bedroom

distributions, any special design

features, amenities, and/or community

space, and how this design will

facilitate the delivery of services in an

economical fashion and accommodate

the changing needs of the residents over

the next 10–20 years. NOTE: If these

community spaces, amenities, or

features would not comply with the

project design and cost standards of 24

CFR 891.120 and the special project

standards of 24 CFR 891.310, the
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24029

Sponsor must demonstrate its ability

and willingness to contribute both the

incremental development cost and

continuing operating cost associated

with the community spaces, amenities,

or features;

(ii) A description of whether and how

the project will promote energy

efficiency, and, if applicable, innovative

construction or rehabilitation methods

or technologies to be used that will

promote efficient construction.

(d) Evidence of site control and

permissive zoning, including the

following:

(i) Evidence that the Sponsor has

entered into a legally binding option

agreement (which extends 30 days

beyond the end of the current fiscal year

and contains a renewal provision so that

the option can be renewed for at least

an additional 6 months) to buy or lease

the proposed site; or has a copy of the

contract of sale for the site, a deed, longterm leasehold, a request with all

supporting documentation, submitted

either prior to or with the Application

for Capital Advance, for a partial release

of a site covered by a mortgage under a

HUD program, or other evidence of legal

ownership of the site (including

properties to be acquired from the FDIC/

RTC). The Sponsor must also identify

any restrictive covenants, including

reverter clauses. In the case of a site to

be acquired from a public body,

evidence that the public body possesses

clear title to the site, and has entered

into a legally binding agreement to lease

or convey the site to the Sponsor after

it receives and accepts a notice of

Section 202 capital advance and

identification of any restrictive

covenants, including reverter clauses.

However, in localities where HUD

determines the time constraints of the

funding round will not permit all of the

required official actions (e.g., approval

of Community Planning Boards) that are

necessary to convey publicly-owned

sites, a letter in the application from the

mayor or director of the appropriate

local agency indicating approval of

conveyance of the site contingent upon

the necessary approval action is

acceptable and may be approved by the

HUD office if it has satisfactory

experience with timely conveyance of

sites from that public body. In such

cases, documentation must also include

a copy of the public body’s evidence of

ownership and identification of any

restrictive covenants, including reverter

clauses;

Note: A proposed project site may not be

acquired or optioned from a general

contractor (or its affiliate) that will construct

the section 202 project or from any other

development team member.

(ii) Evidence that the project as

proposed is permissible under

applicable zoning ordinances or

regulations, or a statement of the

proposed action required to make the

proposed project permissible and the

basis for belief that the proposed action

will be completed successfully before

the submission of the firm commitment

application (e.g., a summary of the

results of any requests for rezoning and/

or the procedures for obtaining special

or conditional use permits on land in

similar zoning classifications and the

time required for such rezoning, or

preliminary indications of acceptability

from zoning bodies);

(iii) A narrative topographical and

demographic description of the

suitability of the site and area, and how

the site will promote greater housing

opportunities for minority elderly and

elderly persons with disabilities,

thereby affirmatively furthering fair

housing; (NOTE: The applicant can best

demonstrate its commitment to

affirmatively furthering fair housing by

describing how proposed activities will

assist the jurisdiction in overcoming

impediments to fair housing choice

identified in the applicable

jurisdiction’s Analysis of Impediments

(AI) to Fair Housing Choice, which is a

component of the jurisdiction’s

Consolidated Plan, or any other

planning document that addresses fair

housing issues. The applicable

Consolidated Plan and AI may be the

Community’s, the County’s, or the

State’s, to which input should have

been provided by the local community

and its agencies. Alternatively, a

document may be used which was

previously prepared by a local planning,

or similar, organization which addresses

Fair Housing issues and remedies to

barriers to Fair Housing in the specific

community. Applicable impediments

could include the need for improved

housing quality and services and

concomitant expanded housing choice

for all elderly families.)

(iv) A map showing the location of the

site and the racial composition of the

neighborhood, with the area of racial

concentration delineated;

(v) A Phase I Environmental Site

Assessment, in accordance with the

American Society for Testing and

Material (ASTM) Standards E 1527–93,

as amended. Since the Phase I study

must be completed and submitted with

the application, it is important that the

Sponsor start the site assessment

process as soon after publication of the

NOFA as possible.

If the Phase I study indicates the

possible presence of contamination and/

or hazards, the Sponsor must decide

whether to continue with this site or

choose another site. Should the Sponsor

choose another site, the same

environmental site assessment

procedure identified above must be

followed for that site.

Note: For properties to be acquired from

the FDIC/RTC, include a copy of the FDIC/

RTC prepared Transaction Screen Checklist

or Phase I Environmental Site Assessment,

and applicable documentation, per the FDIC/

RTC Environmental Guidelines.

If the Sponsor chooses to continue

with the original site on which the

Phase I study indicated contamination

or hazards, then it must undertake a

detailed Phase II Environmental Site

Assessment by an appropriate

professional. If the Phase II Assessment

reveals site contamination, the extent of

the contamination and a plan for cleanup of the site must be submitted to the

local HUD office. The plan for clean-up

must include a contract for remediation

of the problem(s) and an approval letter

from the applicable Federal, State, and/

or local agency with jurisdiction over

the site. In order for the application to

be considered for review under this FY

1998 funding competition, this

information would have to be submitted

to the local HUD office no later than

July 29, 1998.

Note: This could be an expensive

undertaking. The cost of any clean-up and/

or remediation must be borne by the sponsor.

(vi) A letter from the State Historic

Preservation Officer (SHPO) indicating

whether the proposed site has any

historical significance. If the Sponsor

cannot obtain a letter from the SHPO

due to the SHPO not responding to the

Sponsor’s request or the SHPO

responding that it cannot or will not

comply with the requirement, the

Sponsor must submit the following: (1)

a letter indicating that it attempted to

get the required letter from the SHPO

but that the SHPO either had not

responded to the Sponsor’s request or

would not honor or recognize the

Sponsor’s request; (2) a copy of the

Sponsor’s letter to the SHPO requesting

the required letter; and, (3) a copy of the

SHPO’s response, if available.

(d) Provision of supportive services

and proposed facility:

(i) A detailed description of the

supportive services proposed to be

provided to the anticipated occupancy;

(ii) A description of public or private

sources of assistance that reasonably

could be expected to fund the proposed

services;

(iii) The manner in which such

services will be provided to such

persons (i.e., on or off-site), including

whether a service coordinator will
24030 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

facilitate the adequate provision of such

services, and how the services will meet

the identified needs of the residents.

Note: Sponsors may not require residents,

as a condition of occupancy, to accept any

supportive service.

(5) A list of the applications, if any,

the Sponsor has submitted or is

planning to submit to any other HUD

office in response to this announcement

of Section 202 Program funding

availability or the announcement of

Section 811 Program (Supportive

Housing for Persons with Disabilities)

funding availability, published

elsewhere in today’s Federal Register).

Indicate by HUD office, the proposed

location by city and State, and the

number of units requested for each

application. Include a list of all FY 1997

and prior year projects to which the

Sponsor(s) is a party that have not been

finally closed. Such projects must be

identified by project number and HUD

office.

(6) A statement that: (a) identifies all

persons (families, individuals,

businesses, and nonprofit

organizations), identified by race/

minority group, and status as owners or

tenants, occupying the property on the

date of submission of the application for

a capital advance;

(b) indicates the estimated cost of

relocation payments and other services;

(c) identifies the staff organization that

will carry out the relocation activities;

and (d) identifies all persons that have

moved from the site within the past 12

months.

Note: If any of the relocation costs will be

funded from sources other than the section

202 capital advance, the sponsor must

provide evidence of a firm commitment of

these funds. When evaluating applications,

HUD will consider the total cost of proposals

(i.e., cost of site acquisition, relocation,

construction, and other project costs).

VI. Corrections to Deficient

Applications

The General Section of the

SuperNOFA provides the procedures for

corrections to deficient applications.

VII. Environmental Requirements

All Section 202 assistance is subject

to the National Environmental Policy

Act of 1969 and applicable related

Federal environmental authorities. The

environmental review provisions of the

Section 202 program regulations are in

24 CFR 891.155(b).

BILLING CODE 4210–32–P
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24031

BILLING CODE 4210–32–P

Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24033

Funding Availability for the Section

811 Program of Supportive Housing for

Persons With Disabilities

Program Description: Approximately

$74,372,922 is available for the Section

811 Program of Supportive Housing for

Persons with Disabilities. The Section

811 Program provides funding to

nonprofit organizations for the

development of housing for persons

with disabilities that is designed to

enable them to live with dignity and

independence within their

communities.

Application Due Date: Completed

applications must be submitted no later

than 6:00 pm, local time on July 7, 1998

at the address shown below. See the

General Section of this SuperNOFA for

specific procedures governing the form

of application submission (e.g., mailed

applications, express mail, overnight

delivery, or hand carried).

Address for Submitting Applications:

Completed applications (an original and

four copies) must be submitted to the

Director of either the Multifamily Hub

Office or Multifamily Program Center

having jurisdiction over the proposed

project with the following exceptions:

1. Applications for projects proposed

to be located within the jurisdiction of

the Seattle, Washington and the

Anchorage, Alaska Offices must be

submitted to the Portland, Oregon

Office.

2. Applications for projects proposed

to be located within the jurisdiction of

the Sacramento, California Office must

be submitted to the San Francisco,

California Office.

3. Applications for projects proposed

to be located within the jurisdiction of

the Cincinnati, Ohio Office must be

submitted to the Columbus, Ohio Office.

4. Applications for projects proposed

to be located within the State of Nevada

must be submitted to the Denver,

Colorado Office.

A listing of the Multifamily Hubs and

Program Centers, their addresses and

telephone numbers, including TTY

numbers is included in the application

kit, and is also available from HUD’s

SuperNOFA Information Center at

1–800–HUD–8929 and from the Internet

through the HUD web site at http://

www.hud.gov.

For Application Kits, Further

Information, and Technical Assistance:

For Application Kits. For an application

kit and any supplemental information,

please call HUD’s SuperNOFA

Information Center at 1–800–HUD–

8929. Persons with hearing or speech

impairments may call the Center’s TTY

number at 1–800–483–2209. The

application kit also will be available on

the Internet through the HUD web site

at http://www.hud.gov. When

requesting an application kit, please

refer to the Section 811 Program and

provide your name, address (including

zip code), and telephone number

(including area code).

You may also contact the Multifamily

Hub Office or Multifamily Program

Center having jurisdiction over the

proposed project.

Immediately upon publication of this

SuperNOFA, if HUD Offices have not

already provided names to the

SuperNOFA Information Center, the

Offices shall notify minority media and

media for persons with disabilities, all

persons and organizations on their

mailing lists, minority and other

organizations within their jurisdiction

involved in housing and community

development, the State Independent

Living Council, the local Center for

Independent Living and other groups

with special interest in housing for

persons with disabilities .

For Further Information and

Technical Assistance. For further

information and technical assistance,

please contact the Multifamily Hub

Office or Multifamily Program Center

having jurisdiction over the proposed

project. HUD encourages minority

organizations to participate in this

program as Sponsors and strongly

recommends that prospective applicants

attend the local HUD Office workshop

which will be held within three weeks

of the publication of this SuperNOFA.

Interested applicants should ensure that

their names are included on the

appropriate HUD Office’s mailing list so

that they will be informed of the date,

time and place of the workshop.

Interested persons with disabilities

should contact the HUD Office to assure

that any necessary arrangements can be

made to enable their attendance and

participation in the workshop. At the

workshops, HUD will explain

application procedures and

requirements. Also, HUD will address

concerns such as local market

conditions, building codes and

accessibility requirements, historic

preservation, floodplain management,

displacement and relocation, zoning,

and housing costs.

Sponsors who cannot attend the

workshops are strongly encouraged to

contact the appropriate HUD Office with

any questions regarding the submission

of applications to that particular office

and to request any materials distributed

at the workshop.

Additional Information

I. Authority; Purpose; Amount

Allocated; and Eligibility

(A) Authority

Section 811 of the Cranston-Gonzalez

National Affordable Housing Act (the

NAHA) (Pub.L. 101–625, approved

November 28, 1990), as amended by the

Housing and Community Development

Act of 1992) (HCD Act of 1992) (Pub. L.

102–550, approved October 28, 1992),

and by the Rescissions Act (Pub. L. 104–

19, approved July 27, 1995) authorized

a new supportive housing program for

persons with disabilities, and replaced

assistance for persons with disabilities

previously covered by section 202 of the

Housing Act of 1959 (section 202

continues, as amended by section 801 of

the NAHA, and the HCD Act of 1992, to

authorize supportive housing for the

elderly).

(B) Purpose

The purpose of this Section 811

Program section of the SuperNOFA is to

provide funds to enable nonprofit

organizations to expand the supply of

supportive housing for very low income

persons with disabilities to enable them

to live independently in the community.

HUD provides the assistance as

capital advances and contracts for

project rental assistance in accordance

with 24 CFR part 891. Capital advances

may be used to finance the construction,

rehabilitation, or acquisition with or

without rehabilitation, including

acquisition from the Federal Deposit

Insurance Corporation (formerly held by

the Resolution Trust Corporation)

(FDIC/RTC), of structures to be

developed into a variety of housing

options ranging from small group homes

and independent living facilities, to

dwelling units in multifamily housing

developments, condominium housing

and cooperative housing. This

assistance may also cover the cost of

real property acquisition, site

improvement, conversion, demolition,

relocation, and other expenses that the

Secretary determines are necessary to

expand the supply of supportive

housing for persons with disabilities.

Project rental assistance contracts are

used to cover the difference between the

tenants’ contributions toward rent and

the HUD-approved cost to operate the

project.

(C) Amount Allocated

For supportive housing for persons

with disabilities, the FY 1998 HUD

Appropriations Act provides

$194,000,000 for capital advances,

including amendments to capital
24034 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

advance contracts, for supportive

housing for persons with disabilities, as

authorized by section 811 of the NAHA,

and for project rental assistance, and

amendments to contracts for project

rental assistance, for supportive housing

for persons with disabilities, as

authorized by section 811 of the NAHA.

Up to 25 percent of this amount is being

set aside for tenant-based rental

assistance administered through public

housing agencies (PHAs) for persons

with disabilities and is also announced

elsewhere in today’s Federal Register.

In accordance with 24 CFR part 791,

the Assistant Secretary for Housing has

allocated the funds available for capital

advances for supportive housing for

persons with disabilities based on fair

share factors developed by the Assistant

Secretary for Policy Development and

Research. In accordance with the waiver

authority provided in the Act, the

Secretary is waiving the following

statutory and regulatory provision: The

term of the project rental assistance

contract is reduced from 20 years to a

minimum term of 5 years and a

maximum term which can be supported

by funds authorized by the Act. HUD

anticipates that at the end of the

contract terms, renewals will be

approved subject to the availability of

funds. In addition to this provision, the

Department will reserve project rental

assistance contract funds based on 75

percent rather than on 100 percent of

the current operating cost standards for

approved units in order to take into

account the average tenant contribution

toward rent.

The allocation formula for Section

811 funds consists of two data elements

from the 1990 Decennial Census: (1) the

number of non institutionalized persons

age 16 or older with a work disability

and a mobility or self-care limitation

and (2) the number of noninstitutionalized persons age 16 or older

having a mobility or self-care limitation

but having no work disability.

A work disability is defined as a

health condition that had lasted for 6 or

more months which limited the kind

(restricted the choice of jobs) or amount

(not able to work full time) of work a

person could do at a job or business. A

mobility limitation is defined as a

health condition that had lasted for 6 or

more months which made it difficult for

the person to go outside the home alone;

including outside activities such as

shopping or visiting a doctor’s office. A

self-care limitation is defined as a health

care limitation that had lasted for 6 or

more months which made it difficult for

the person to take care of his/her own

personal needs such as dressing,

bathing, or getting around inside the

home. Temporary (short term) problems

such as broken bones that are expected

to heal normally are not considered

problems.

Under the Section 811 program, each

HUD Office jurisdiction receives

sufficient capital advance funds for a

minimum of 10 units. The total amount

of capital advance to fund this

minimum set-aside is then subtracted

from the total capital advance available.

The remainder is fair shared to each

HUD Office jurisdiction based on the

allocation formula fair share factors.

The fair share factors were developed

by taking the sum of the number of

persons in each of the two elements for

each state, or state portion, of each local

HUD Office jurisdiction as a percent of

the sum of the two elements for the total

United States. The resulting percentage

for each local HUD Office is then

adjusted to reflect the relative cost of

providing housing among the local HUD

Office jurisdictions. The adjusted needs

percentage for each local HUD Office is

then multiplied by the total amount of

capital advance funds available

nationwide.

The Section 811 capital advance

funds have been allocated, based on the

formula above, to 51 local HUD Offices

as shown on the following chart:

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(D) Eligible Applicants

Nonprofit organizations that have a

section 501(c)(3) tax exemption from the

Internal Revenue Service are the only

eligible applicants under this program.

No organization shall participate as

Sponsor or Co-sponsor in the filing of

application(s) for a capital advance in

three (3) or more Hubs in this fiscal year

in excess of that necessary to finance the

construction, rehabilitation, or

acquisition of 100 units of housing for

persons with disabilities. This limit

shall apply to organizations that

participate as Co-sponsors regardless of

whether the Co-sponsors are affiliated or

nonaffiliated entities. In addition, the

national limit for any one applicant is

10 percent of the total units allocated in

all HUD offices. Affiliated entities that

submit separate applications shall be

deemed to be a single entity for the

purposes of these limits. No single

application shall request more units in

a given HUD Office than allocated for

that HUD Office in this program section

of the SuperNOFA.

(E) Eligible/Ineligible Activities

(1) Eligible Activities. Section 811

capital advance funds must be used to

construct, substantially rehabilitate or

acquire, with or without rehabilitation,

structures to be used as supportive

housing integrated into the surrounding

community for very low income persons

with disabilities who are at least 18

years old. Project rental assistance funds

must be used to cover the difference

between the HUD-approved cost of

operating the housing and the tenants’

contributions toward rent (each resident

pays 30 percent of adjusted income).

(2) Ineligible Activities. The following

activities are ineligible to be funded out

of the Section 811 program:

(a) Nursing homes, infirmaries and

medical facilities;

(b) Transitional housing facilities;

(c) Manufactured housing facilities;

(d) Community centers, with or

without special components for use by

persons with disabilities;

(e) Sheltered workshops and centers

for persons with disabilities;

(f) Headquarters for organizations for

persons with disabilities; and

(g) Refinancing of Sponsor-owned

facilities without rehabilitation.

II. Program Requirements

In addition to the program

requirements listed in the General

Section of this SuperNOFA, applicants

are subject to the following

requirements:

(A) Statutory Requirements and

Regulatory Requirements

All applicants must comply with all

statutory and regulatory requirements

applicable to the Section 811 program as

cited in Section I(A) and I(B) above.

(B) HUD/RHS Agreement

In accordance with an agreement

between HUD and the Rural Housing

Service (RHS) to coordinate the

administration of the agencies’

respective rental assistance programs,

HUD is required to notify RHS of

applications for housing assistance it

receives. This notification gives RHS the

opportunity to comment if it has

concern about the demand for

additional assisted housing and possible

harm to existing projects in the same

housing market area. HUD will consider

the RHS in its review and project

selection process.

(C) Development Cost Limits

The following development cost

limits, adjusted by locality as described

in (C)(3) below, shall be used to

determine the capital advance amount

to be reserved for projects for persons

with disabilities:

(1) For independent living facilities:

The total development cost of the

property or project attributable to

dwelling use (less the incremental

development cost and the capitalized

operating costs associated with any

excess amenities and design features to

be paid for by the Sponsor) may not

exceed:

Non-elevator structures:

$28,032 per family unit without a

bedroom;

$32,321 per family unit with one

bedroom;

$38,979 per family unit with two

bedrooms;

$49,893 per family unit with three

bedrooms;

$55,583 per family unit with four

bedrooms.

For elevator structures:

$29,500 per family unit without a

bedroom;

$33,816 per family unit with one

bedroom;

$41,120 per family unit with two

bedrooms;

$53,195 per family unit with three

bedrooms;

$58,392 per family unit with four

bedrooms.

(2) For group homes only:

Number of

residents

Type of disability

Physical/developmentalChronic mental illness

# Residents ........................ ........................

Number of

residents

Type of disability

Physical/developmentalChronic mental illness

3 ................ $128,710 $124,245

4 ................ 137,730 131,980

5 ................ 146,750 139,715

6 ................ 155,760 147,450

These cost limits reflect those costs

reasonable and necessary to develop a

project of modest design that complies

with HUD minimum property

standards; the minimum group home

requirements of 24 CFR 891.310(a); the

accessibility requirements of 24 CFR

891.120(b) and 891.310(b); and the

project design and cost standards of 24

CFR 891.120.

(3) Increased development cost limits.

(a) HUD may increase the

development cost limits set forth in

paragraphs (C)(1) and (2) above by up to

140% in any geographic area where the

cost levels require, and may increase the

development cost limits by up to 160

percent on a project-by-project basis.

(b) If HUD finds that high

construction costs in Alaska, Guam,

Virgin Islands or Hawaii make it

infeasible to construct dwellings,

without the sacrifice of sound standards

of construction, design, and livability,

within the development cost limits

provided in paragraphs (1) and (2) of

this Section II(C), the amount of capital

advances may be increased to

compensate for such costs. The increase

may not exceed the limits established

under this section (including any high

cost area adjustment) by more than 50

percent.

(c) For group homes only, HUD

Offices may approve increases in the

development cost limits in paragraph

(C)(2) above, in areas where Sponsors

can provide sufficient documentation

that high land costs limit or prohibit

project feasibility. An example of

acceptable documentation is evidence of

at least three land sales which have

actually taken place (listed prices for

land are not acceptable) within the last

two years in the area where the project

is to be built. The average cost of the

documented sales must exceed seven

percent of the development cost limit

for which the project in question is

eligible in order for an increase to be

considered.

(D) Sites

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to provide either (a)

evidence of site control, or (b)

reasonable assurances that it will have

control of a site within six months of
24040 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

notification of fund reservation.

Accordingly, if a Sponsor has control of

a site at the time it submits its

application, it must include evidence of

such as described in Section

III(B)(4)(e)(1) of this program section of

the SuperNOFA and in the application

kit. If it does not have site control, it

must provide the information required

in Section III(B)(4)(e)(2) and in the

application kit for identified sites as a

reasonable assurance that site control

will be obtained within six months of

fund reservation notification.

Sponsors may select a site different

from the one(s) submitted in their

original applications if the original

site(s) is (are) not approvable. Selection

of a different site will require HUD

performance of an environmental

review on the new site, which could

result in rejection of that site. However,

if a Sponsor does not have site control

for any reason 12 months after

notification of fund reservation, the

assistance will be recaptured and

reallocated.

Sponsors submitting satisfactory

evidence of an approvable site (i.e., site

control) will have 10 bonus points

added to the rating of their applications.

Sponsors submitting proper

identification of a site will not be

eligible for the 10 bonus points.

Applications containing evidence of

site control where either the evidence or

the site is not approvable will not be

rejected provided the application

indicates the Sponsor’s willingness to

select another site and an assurance that

site control will be obtained within six

months of fund reservation notification.

In the case of a scattered site

application submitted with evidence of

site control for some or all of the sites,

all of the sites must have satisfactory

evidence of site control and all of the

sites must be approvable for the

application to receive the 10 bonus

points for site control.

(E) Supportive Services

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to include a supportive

services plan and a certification from

the appropriate State or local agency

that the provision of services identified

in the Supportive Services Plan is well

designed to serve the special needs of

persons with disabilities. Section

III(B)(4)(c) below outlines the

information that must be in the

Supportive Services Plan. Sponsors

must submit one copy of their

Supportive Services Plan to the

appropriate State or local agency well in

advance of the application submission

deadline date in order for the State or

local agency to review the Supportive

Services Plan and complete the

Supportive Services Certification

(Exhibit 4(d) of the application kit) and

return it to the Sponsor for inclusion

with the application submission to

HUD.

Since the appropriate State or local

agency will review the Supportive

Services Plan on behalf of HUD, the

Supportive Services Certification will

also indicate whether the Sponsor

demonstrated that the supportive

services will be provided on a

consistent, long-term basis and whether

the proposed housing is consistent with

State or local policies or plans

governing the development and

operation of housing to serve

individuals of the proposed occupancy

category. If HUD receives an application

in which the Supportive Services

Certification is missing and is not

submitted during the deficiency period,

or is received by HUD after the

deficiency period, or indicates that the

provision of services is not well

designed to meet the special needs of

persons with disabilities; the

application is rejected. Furthermore, if

the Certification indicates that the

Sponsor failed to demonstrate that the

supportive services will be provided on

a consistent, long-term basis, or the

proposed housing is not consistent with

State or local agency’s plans/policies

governing the development and

operation of housing to serve the

proposed population and the agency

will be a major funding or referral

source for the proposed project or be

responsible for licensing the project, the

application shall also be rejected.

Any prospective resident of a Section

811 project who believes he/she needs

supportive services must be given the

choice to be responsible for acquiring

his/her own services or to take part in

the Sponsor’s Supportive Services Plan

which must be designed to meet the

individual needs of each resident.

Sponsors may not require residents, as

a condition of occupancy, to accept any

supportive service.

(F) Project Size Limits

(1) Group home—The minimum

number of persons with disabilities that

can be housed in a group home is three

and the maximum number is six, with

one person per bedroom unless two

residents choose to share one bedroom

or a resident determines he/she needs

another person to share his/her

bedroom.

(2) Independent living facility—The

minimum number of units that can be

applied for in one application is five;

not necessarily in one structure. The

maximum number of persons with

disabilities that can be housed in an

independent living facility is 18.

(3) Exceptions—Sponsors may request

an exception to the above project size

limits by providing the information

required in the application kit and as

outlined in Section III(B)(4)(e)(1)(viii)

below.

(G) Economic Opportunities for Low and

Very Low Income Persons

Recipients shall comply with section

3 of the Housing and Urban

Development Act of 1968, 12 U.S.C.

1701u (Economic Opportunities for Low

and Very Low Income Persons) and its

implementing regulations at 24 CFR part

135. Recipients shall ensure that

training, employment and other

economic opportunities shall, to the

greatest extent feasible, be directed

toward low and very low income

persons, particularly those who are

recipients of government assistance for

housing and to business concerns which

provide economic opportunities to low

and very low income persons.

Recipients must comply with the

reporting and recordkeeping

requirements found at 24 CFR part 135,

subpart E.

(H) Certifications and Resolutions

In addition to the certifications listed

in the General Section of this

SuperNOFA with the exception of SF–

424A, SF–424B, SF–424C, SF–424D and

the OMB Circulars which are not

required, applicants are required to

submit signed copies of the following:

(1) Supportive Services Certification.

A certification from the appropriate

State or local agency identified in the

application kit indicating whether: (1)

the provision of supportive services is

well designed to serve the needs of

persons with disabilities the housing is

expected to serve, (2) whether the

supportive services will be provided on

a consistent, long-term basis, and (3)

whether the proposed housing is

consistent with State or local plans and

policies governing the development and

operation of housing to serve

individuals of the proposed occupancy

category. (The name, address, and

telephone number of the appropriate

agency will be identified in the

application kit and can also be obtained

from the appropriate HUD Office.)

(2) Executive Order 12372

Certification. A certification that the

Sponsor has submitted a copy of its

application, if required, to the State

agency (single point of contact) for State

review in accordance with Executive

Order 12372.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24041

(3) Certification of Consistency with

the Consolidated Plan (Plan) for the

jurisdiction in which the proposed

project will be located. The certification

must be made by the unit of general

local government if it is required to

have, or has, a complete Plan.

Otherwise, the certification may be

made by the State, or by the unit of

general local government if the project

will be located within the jurisdiction of

the unit of general local government

authorized to use an abbreviated

strategy, and if it is willing to prepare

such a Plan.

All certifications must be made by the

public official responsible for

submitting the Plan to HUD. The

certifications must be submitted as part

of the application by the application

submission deadline date set forth in

this SuperNOFA. The Plan regulations

are published in 24 CFR part 91.

(4) Certification of Compliance with

HUD’s project design and cost

standards and special project standards;

(5) Certification of Compliance with

the Uniform Relocation Assistance and

Real Property Acquisition Policies Act of

1970, as amended;

(6) Sponsor’s Certification that it will

form an ‘‘Owner’’ after issuance of the

capital advance; cause the Owner to file

a request for determination of eligibility

and a request for capital advance, and

provide sufficient resources to the

Owner to insure the development and

long-term operation of the project,

including capitalizing the Owner at firm

commitment processing in an amount

sufficient to meet its obligations in

connection with the project;

(7) Sponsor’s Certification that it will

comply with the requirements of the

Lead-Based Paint Poisoning Prevention

Act (42 U.S.C. 4821–4846) and

implementing regulations at 24 CFR part

35 (except as superseded in 24 CFR

891.325); and

(8) Sponsor’s Certification that it will

not require residents to accept any

supportive services as a condition of

occupancy.

(9) A certified Board Resolution that

no officer or director of the Sponsor or

Owner has or will have any financial

interest in any contract with the Owner

or in any firm or corporation that has or

will have a contract with the Owner,

including a current listing of all duly

qualified and sitting officers and

directors by title and the beginning and

ending dates of each person’s term.

(10) A Certified Board Resolution

Acknowledging Responsibilities of

Sponsorship, long-term support of the

project(s), willingness of Sponsor to

assist the Owner to develop, own,

manage and provide appropriate

services in connection with the

proposed project, and that it reflects the

will of its membership, and Sponsor’s

willingness to fund the estimated startup expenses, the Minimum Capital

Investment (one-half of one-percent of

the HUD-approved capital advance, not

to exceed $10,000), and the estimated

cost of any amenities or features (and

operating costs related thereto) that

would not be covered by the approved

capital advance.

III. Application Selection Process

(A) Rating

All applications will be reviewed and

rated in accordance with the

Application Selection Process in the

General Section of this SuperNOFA

with the following exception. The

Secretary will not reject an application

based on threshold or technical review

without giving notice of that rejection

with all rejection reasons and affording

the applicant an opportunity to appeal.

HUD will afford an applicant 14

calendar days from the date of HUD’s

written notice to appeal a technical

rejection to the HUD Office. The HUD

Office must respond within five (5)

working days to the Sponsor. The HUD

Office shall make a determination on an

appeal prior to making its selection

recommendations. All applications will

be either rated or technically rejected at

the end of technical review. Upon

completion of technical review, all

acceptable applications which meet all

program eligibility requirements will be

rated according to the Rating Factors in

(B) below.

(B) Ranking and Selection Procedures

Applications that have a total base

score of 60 points or more (without the

addition of EC/EZ and/or site control

bonus points) will be eligible for

selection and will be placed in rank

order. These applications, after adding

any bonus points for EC/EZ and/or site

control, will be selected based on rank

order to and including the last

application that can be funded out of

each local HUD Office’s allocation. HUD

Offices shall not skip over any

applications in order to select one based

on the funds remaining. However, after

making the initial selections, any

residual funds may be utilized to fund

the next rank-ordered application by

reducing the units by no more than 10

percent rounded to the nearest whole

number, provided the reduction will not

render the project infeasible. For this

purpose, however, projects of nine units

or less may not be reduced.

After this process is completed,

residual funds from all HUD Offices

within each Multifamily Hub will be

combined. These funds will be used

first to restore units to projects reduced

by HUD Offices based on the above

instructions. Second, additional

applications within each Multifamily

Hub will be selected in rank order with

no more than one additional application

selected per HUD Office unless there are

insufficient approvable applications in

other HUD Offices within the

Multifamily Hub. This process will

continue until there are no more

approvable applications within the

Multifamily Hub that can be selected

with the remaining funds. However, any

remaining residual funds may be used

to fund the next rank-ordered

application by reducing the number of

units by no more than 10 percent

rounded to the nearest whole number,

provided the reduction will not render

the project infeasible. For this purpose,

however, HUD will not reduce the

number of units in projects of nine units

or less.

At the conclusion of this process, any

residual funds from the 18 Multifamily

Hubs will be returned to Headquarters.

These funds will be used first to restore

units to projects reduced by HUD

Offices as a result of the instructions

above and, second, for selecting

applications on a national rank order.

No more than one application will be

selected per HUD Office from the

national residual amount unless there

are insufficient approvable applications

in other HUD Offices. If funds still

remain, additional applications will be

selected based on a national rank order

insuring that no more than one

application will be selected per HUD

Office unless there are insufficient

approvable applications in other HUD

Offices.

(C) Factors for Award Used To Evaluate

and Rate Applications

HUD will rate applications for Section

811 capital advances that successfully

complete technical processing using the

following Rating Factors set forth below

and in accordance with the application

submission requirements in IV.(B)

below. The maximum number of base

points to be awarded for applications is

100. Applications have the potential of

earning 12 bonus points; ten (10) bonus

points for acceptable evidence of control

of an approvable site, and two (2) EZ/

EC bonus points, as described in the

General Section of the SuperNOFA.

With the addition of 12 bonus points, an

application has the potential of earning

112 maximum points.
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Rating Factor 1: Capacity of the

Applicant and Relevant Organizational

Staff (30 Points)

This factor addresses the extent to

which the applicant has the

organizational resources to successfully

implement the proposed activities in a

timely manner.

In rating this factor, HUD will

consider the extent to which the

application demonstrates the Sponsor’s

ability to develop and operate the

proposed housing on a long-term basis,

considering the following:

(1) (20 points) The scope, extent, and

quality of the Sponsor’s experience in

providing housing or related services to

those proposed to be served by the

project and the scope of the proposed

project (i.e., number of units, services,

relocation costs, development, and

operation) in relationship to the

Sponsor’s demonstrated development

and management capacity as well as its

financial management capability; and

(2) (10 points) The scope, extent, and

quality of the Sponsor’s experience in

providing housing or related services to

minority persons or families. For

purposes of this program section of the

SuperNOFA ‘‘minority’’ means the basic

racial and ethnic categories for Federal

statistics and administrative reporting,

as defined in OMB’s Statistical and

Policy Directive No. 15. (See 60 FR

44673, at 44692, August 28, 1995.)

Factor 2: Need/Extent of the Problem

(10 Points)

This factor addresses the extent to

which there is a need for funding the

proposed activities to address a

documented problem in the target area.

In evaluating this factor, HUD will

consider:

The extent of the need for the project

in the area based on a determination by

the HUD Office. This determination will

be made by considering the Sponsor’s

evidence of need in the area, as well as

other economic, demographic, and

housing market data available to the

HUD Office. The data could include the

availability of existing comparable

subsidized housing for persons with

disabilities and current occupancy in

such facilities, comparable subsidized

housing for persons with disabilities

under construction or for which fund

reservations have been issued, and, in

accordance with an agreement between

HUD and RHS, comments from RHS on

the demand for additional comparable

subsidized housing and the possible

harm to existing projects in the same

housing market area. Also, to the extent

that the community’s Analysis of

Impediments to Fair Housing Choice

(AI) or other planning document that

analyzes fair housing issues and is

prepared by a local planning or similar

organization identifies the level of the

problem and the urgency in meeting the

need, the AI should be referred to in the

response. The Department will review

more favorably those applications in

which the AI or planning document

supports the need for the project.

Factor 3: Soundness of Approach (40

Points)

This factor addresses the quality and

effectiveness of the applicant’s proposal.

There must be a clear relationship

between the proposed activities, the

community’s needs and purposes of the

program funding for an applicant to

receive points for this factor. In

evaluating this factor, HUD will

consider the following:

(1) (15 points) The proximity or

accessibility of the site to shopping,

medical facilities, transportation, places

of worship, recreational facilities, places

of employment, and other necessary

services to the intended tenants;

adequacy of utilities and streets, and

freedom of the site from adverse

environmental conditions (site control

projects only); and compliance with site

and neighborhood standards in 24 CFR

891.125;

(2) (10 points) The suitability of the

site from the standpoints of promoting

a greater choice of housing

opportunities for minority persons with

disabilities and affirmatively furthering

fair housing.

(3) (5 points) The extent to which the

proposed design of the project will meet

any special needs of persons with

disabilities the housing is expected to

serve;

(4) (5 points) The extent to which the

proposed design of the project and its

placement in the neighborhood will

facilitate the integration of the residents

into the surrounding community; and

(5) (5 points) The Sponsor’s board

includes persons with disabilities

(including persons who have similar

disabilities to those of the prospective

residents).

Factor 4: Leveraging Resources (10

Points)

This factor addresses the ability of the

applicant to secure other community

resources which can be combined with

HUD’s program resources to achieve

program purposes.

(1) (5 points) The extent of local

government support (including financial

assistance, donation of land, provision

of services, etc.) for the project; and

(2) (5 points) The extent of the

Sponsor’s activities in the community,

including previous experience in

serving the area where the project is to

be located, and the Sponsor’s

demonstrated ability to raise local

funds.

Factor 5: Comprehensiveness and

Coordination (10 Points)

This factor addresses the extent to

which the applicant coordinated its

activities with other known

organizations, participates or promotes

participation in a community’s

Consolidated Planning process, and is

working towards addressing a need in a

holistic and comprehensive manner

through linkages with other activities in

the community.

(1) (4 points) The Sponsor involved

persons with disabilities (including

minority persons with disabilities) in

the development of the application, and

will involve persons with disabilities

(including minority persons with

disabilities) in the development and

operation of the project;

(2) (2 points) The extent to which the

Sponsor coordinated its application

with other organizations to complement

and/or support the proposed project;

(3) (2 points) The extent to which the

Sponsor demonstrates that it has been

actively involved, or if not currently

active, the steps it will take to become

actively involved in its community’s

Consolidated Planning process to

identify and address a need/problem

that is related in whole or part, directly

or indirectly to the proposed project;

and

(4) (2 points) The extent to which the

Sponsor developed or plans to develop

linkages with other activities, programs

or projects related to the proposed

project to coordinate its activities so

solutions are holistic and

comprehensive.

Bonus Points

(1) (10 bonus points) Acceptable

evidence of control of an approvable

site.

(2) (2 bonus points) Location of

proposed site in an EC/EZ area as

described in the General Section of this

SuperNOFA.

IV. Application Submission

Requirements

(A) Application

Each application shall include all of

the information, materials, forms, and

exhibits listed in Section IV(B) of this

Section 811 Program section of the

SuperNOFA (with the exception of

applications submitted by Sponsors

selected for a Section 811 fund

reservation within the last three funding
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24043

cycles), and in the application kit. Such

previously selected Section 811

Sponsors are not required to submit the

information described in Section

IV(B)(2) (a), (b), and (c), below, of this

program section of the SuperNOFA

(Exhibits 2.a., b., and c. of the

application), which are the articles of

incorporation (or other organizational

documents), by-laws, and the IRS tax

exemption, respectively. If there has

been a change in any of the eligibility

documents since its previous HUD

approval, the Sponsor must submit the

updated information in its application.

The HUD Office will base its

determination of the eligibility of a new

Sponsor for a reservation of Section 811

capital advance funds on the

information provided in the application.

HUD Offices will verify a Sponsor’s

indication of previous HUD approval by

checking the project number and

approval status with the appropriate

HUD Office.

In addition to this relief of paperwork

burden in preparing applications,

applicants will be able to use

information and exhibits previously

prepared for prior applications under

Section 811, Section 202, or other

funding programs. Examples of exhibits

that may be readily adapted or amended

to decrease the burden of application

preparation include, among others,

those on previous participation in the

Section 202 or Section 811 programs;

applicant experience in the provision of

housing and services; supportive

services plan; community ties; and

experience serving minorities.

(B) General Application Requirements

Note: A sponsor may apply for a scattered

site project in one application.

(1) Form HUD–92016–CA,

Application for Section 811 Supportive

Housing Capital Advance.

(2) Evidence of each Sponsor’s legal

status as a nonprofit organization,

including the following:

(a) Articles of Incorporation,

constitution, or other organizational

documents;

(b) By-laws;

(c) IRS section 501(c)(3) tax

exemption ruling (this must be

submitted by all Sponsors, including

churches).

Note: Sponsors who have received a

section 811 fund reservation within the last

three funding cycles are not required to

submit the documents described in (a), (b),

and (c), above. instead, sponsors must submit

the project number of the latest application

submitted and the HUD office to which it

was submitted. If there have been any

modifications or additions to the subject

documents, indicate such, and submit the

new material.

(d) The number of people on the

Sponsor’s board and the number of

those people who have disabilities

(including disabilities similar to those of

the prospective residents).

(3) Sponsor’s purpose, community

ties, and experience, including the

following:

(a) A description of Sponsor’s

purpose, current activities and how long

it has been in existence;

(b) A description of Sponsor’s ties to

the community at large and to the

minority and disabled communities in

particular;

(c) A description of local government

support (including financial assistance,

donation of land, provision of services,

etc.);

(d) Letters of support for the Sponsor

and for the proposed project from

organizations familiar with the housing

and supportive services needs of the

persons with disabilities that the

Sponsor expects to serve in the

proposed project;

(e) A description of Sponsor’s housing

and/or supportive services experience.

The description should include any

rental housing projects (including

integrated housing developments) and/

or supportive services facilities

sponsored, owned, and operated by the

Sponsor, the Sponsor’s past or current

involvement in any programs other than

housing that demonstrates the Sponsor’s

management capabilities (including

financial management) and experience,

and the Sponsor’s experience in serving

persons with disabilities and minorities;

and the reasons for receiving any

increases in fund reservations for

developing and/or operating any

previously funded projects.

(f) A description, if applicable, of the

Sponsor’s efforts to involve persons

with disabilities (including minority

persons with disabilities and persons

with disabilities similar to those of the

prospective residents) in the

development of the application and in

the development and operation of the

project.

(g) A description of the steps the

Sponsor took to identify and coordinate

its application with other organizations

to complement and/or support the

proposed project as well as the steps it

will take, if funded, to share information

on solutions and outcomes relative to

the development of the proposed

project.

(h) A description of the Sponsor’s

involvement in its community’s

Consolidated Planning process

including:

(i) An identification of the lead/

facilitating agency that organizes/

administers the process;

(ii) An identification of the

Consolidated Plan issue areas in which

the Sponsor participates;

(iii) The Sponsor’s level of

participation in the process, including

active involvement in any committees.

If Sponsor is not currently active,

describe the specific steps it will take to

become active in the Consolidated

Planning process. (Consult local HUD

Office for the identification of the

Consolidated Plan community process

for the appropriate area.)

(4) Project information including the

following:

(a) Evidence of need for supportive

housing. Such evidence would include

a description of the proposed

population and evidence demonstrating

sustained effective demand for

supportive housing for the proposed

population in the market area to be

served, taking into consideration the

occupancy and vacancy conditions in

existing comparable subsidized housing

for persons with disabilities, State or

local needs assessments of persons with

disabilities in the area, the types of

supportive services arrangements

currently available in the area, and the

use of such services as evidenced by

data from local social service agencies.

Also, a description of how information

in the community’s Analysis of

Impediments to Fair Housing Choice

was used in documenting the need for

the project.

(b) A description of how the proposed

project will benefit the target population

and the community in which it will be

located;

(c) A description of the project,

including the following:

(i) A narrative description of the

building(s) including the number and

type of structure(s), number of

bedrooms if group home, number of

units with bedroom distribution if

independent living units (including

condos), number of residents with

disabilities, and any resident staff per

structure; an identification of all

community spaces, amenities, or

features planned for the housing and a

description of how the spaces,

amenities, or features will be used, and

the extent to which they are necessary

to accommodate the needs of the

proposed residents. If these community

spaces, amenities, or features would not

comply with the project design and cost

standards of § 891.120 and the special

project standards of § 891.310, the

Sponsor must demonstrate its ability

and willingness to contribute both the

incremental development cost and

continuing operating cost associated

with the community spaces, amenities,

or features; and a description of how the
24044 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

design of the proposed project will

promote the integration of the residents

into the surrounding community; and

(ii) A description of whether and how

the project will promote energy

efficiency, and, if applicable, innovative

construction or rehabilitation methods

or technologies to be used that will

promote efficient construction.

(d) Evidence of control of an

approvable site, or identification of a

site for which the Sponsor provides

reasonable assurances that it will obtain

control within 6 months from the date

of fund reservation (if Sponsor is

approved for funding).

(5) If the Sponsor has control of the

site, it must submit the following

information:

(a) Evidence that the Sponsor has

entered into a legally binding option

agreement (which extends 30 days

beyond the end of the current fiscal year

and contains a renewal provision so that

the option can be renewed for at least

an additional six months) to purchase or

lease the proposed site; or has a copy of

the contract of sale for the site, a deed,

long-term leasehold, a request with all

supporting documentation, submitted

either prior to or with the Application

for Capital Advance, for a partial release

of a site covered by a mortgage under a

HUD program, or other evidence of legal

ownership of the site (including

properties to be acquired from the FDIC/

RTC). The Sponsor must also identify

any restrictive covenants, including

reverter clauses. In the case of a site to

be acquired from a public body,

evidence that the public body possesses

clear title to the site, and has entered

into a legally binding agreement to lease

or convey the site to the Sponsor after

it receives and accepts a notice of

Section 811 capital advance, and

identification of any restrictive

covenants, including reverter clauses.

However, in localities where HUD

determines that the time constraints of

the funding round will not permit all of

the required official actions (e.g.,

approval of Community Planning

Boards) that are necessary to convey

publicly-owned sites, a letter in the

application from the mayor or director

of the appropriate local agency

indicating their approval of conveyance

of the site contingent upon the

necessary approval action is acceptable

and may be approved by the HUD Office

if it has satisfactory experience with

timely conveyance of sites from that

public body. In such cases,

documentation shall also include a copy

of the public body’s evidence of

ownership and identification of any

restrictive covenants, including reverter

clauses.

Note: A proposed project site may not be

acquired or optioned from a general

contractor (or its affiliate) that will construct

the section 811 project or from any other

development team member.

(b) Evidence that the project as

proposed is permissible under

applicable zoning ordinances or

regulations, or a statement of the

proposed action required to make the

proposed project permissible and the

basis for belief that the proposed action

will be completed successfully before

the submission of the firm commitment

application (e.g., a summary of the

results of any requests for rezoning on

land in similar zoning classifications

and the time required for such rezoning,

the procedures for obtaining special or

conditional use permits or preliminary

indications of acceptability from zoning

bodies, etc.).

Note: Sponsors should be aware that under

certain circumstances the Fair Housing Act

requires localities to make reasonable

accommodations to their zoning ordinances

or regulations in order to offer persons with

disabilities an opportunity to live in an area

of their choice. If the Sponsor is relying upon

a theory of reasonable accommodation to

satisfy the zoning requirement, then the

Sponsor must clearly articulate the basis for

its reasonable accommodation theory.

(c) A narrative topographical and

demographic description of the

suitability of the site and area as well as

a description of the area surrounding

the site, the characteristics of the

neighborhood, how the site will

promote greater housing opportunities

for minority persons with disabilities

thereby affirmatively furthering fair

housing;

Note: The applicant can best demonstrate

its commitment to affirmatively furthering

fair housing by describing how proposed

activities will assist the jurisdiction in

overcoming impediments to fair housing

choice identified in the applicable

jurisdiction’s Analysis of Impediments (AI)

to Fair Housing Choice, which is a

component of the jurisdiction’s Consolidated

Plan, or any other planning document that

addresses fair housing issues. The applicable

Consolidated Plan and AI may be the

Community’s, the County’s, or the State’s, to

which input should have been provided by

the local community and its agencies.

Alternatively, a document may be used

which was previously prepared by a local

planning, or similar, organization which

addresses Fair Housing issues and remedies

to barriers to Fair Housing in the community.

Applicable impediments could include the

need for improved housing quality and

services and concomitant expanded housing

choice for all persons with disabilities.

(d) A statement that the Sponsor is

willing to seek a different site if the

preferred site is unapprovable and that

site control will be obtained within six

months of notification of fund

reservation;

(e) A map showing the location of the

site and the racial composition of the

neighborhood, with the area of racial

concentration delineated;

(f) A Phase I Environmental Site

Assessment, in accordance with the

American Society for Testing and

Material (ASTM) Standards E 1527–93,

as amended. Since the Phase I study

must be completed and submitted with

the application, it is important that the

Sponsor start the site assessment

process as soon after publication of the

SuperNOFA as possible.

If the Phase I study indicates the

possible presence of contamination and/

or hazards, the Sponsor must decide

whether to continue with this site or

choose another site. Should the Sponsor

choose another site, the same

environmental site assessment

procedure identified above must be

followed for that site.

Note: For properties to be acquired from

the FDIC/RTC, include a copy of the FDIC/

RTC prepared Transaction Screen Checklist

or Phase I Environmental Site Assessment,

and applicable documentation, per the FDIC/

RTC Environmental Guidelines.

If the Sponsor chooses to continue

with the original site on which the

Phase I study indicated contamination

or hazards, then it must undertake a

detailed Phase II Environmental Site

Assessment by an appropriate

professional. If the Phase II Assessment

reveals site contamination, the extent of

the contamination and a plan for cleanup of the site must be submitted to the

local HUD Office. The plan for clean-up

must include a contract for remediation

of the problem(s) and an approval letter

from the applicable Federal, State, and/

or local agency with jurisdiction over

the site. In order for the application to

be considered for review under this FY

1998 funding competition, this

information would have to be submitted

to the local HUD Office no later than 30

days after the application submission

deadline date.

Note: This could be an expensive

undertaking. The cost of any clean-up and/

or remediation must be borne by the sponsor.

(g) A letter from the State Historic

Preservation Officer indicating whether

the proposed site(s) has any historical

significance. If the Sponsor cannot

obtain a letter from the SHPO due to the

SHPO not responding to the Sponsor’s

request or the SHPO responding that it

cannot or will not comply with the

requirement, the Sponsor must submit

the following: 1) a letter indicating that

it attempted to get the required letter

from the SHPO but that the SHPO either
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24045

had not responded to the Sponsor’s

request or would not honor or recognize

the Sponsor’s request; 2) a copy of the

Sponsor’s letter to the SHPO requesting

the required letter; and, 3) a copy of the

SHPO’s response, if available.

(h) If an exception to the project size

limits found in Section IV(D) below, of

this program section of the SuperNOFA

is being requested, describe why the site

was selected and demonstrate the

following:

(i) People with disabilities similar to

those of the prospective tenants have

indicated their acceptance or preference

to live in housing with as many units/

people as proposed for the project;

(ii) The increased number of people is

necessary for the economic feasibility of

the project;

(iii) The project is compatible with

other residential development and the

population density of the area in which

the project is to be located;

(iv) The increased number of people

will not prohibit their successful

integration into the community;

(v) The project is marketable in the

community;

(vi) The size of the project is

consistent with State and/or local

policies governing similar housing for

the proposed population; and

(vii) A statement that the Sponsor is

willing to have its application processed

at the project size limit should HUD not

approve the exception.

(6) If the Sponsor has identified a site,

but does not have it under control, it

must submit the following information:

(a) A description of the location of the

site, including its street address, its unit

number (if condominium),

neighborhood/community

characteristics (to include racial and

ethnic data), amenities, adjacent

housing and/or facilities, and how the

site will promote greater housing

opportunities for minority persons with

disabilities thereby affirmatively

furthering fair housing;

(b) A description of the activities

undertaken to identify the site, as well

as what actions must be taken to obtain

control of the site, if approved for

funding;

(c) An indication as to whether the

site is properly zoned. If it is not, an

indication of the actions necessary for

proper zoning and whether these can be

accomplished within six months of fund

reservation award, if approved for

funding;

(d) A status of the sale of the site; and

(e) An indication as to whether the

site would involve relocation.

(7) A supportive services plan (a copy

of which must be sent to the appropriate

State or local agency as instructed in

Section IV(C) below of this program

section of the SuperNOFA) that

includes:

(a) A detailed description of whether

the housing is expected to serve persons

with physical disabilities,

developmental disabilities, chronic

mental illness or any combination of the

three. Include how and from whom/

where persons will be referred to and

accepted for occupancy in the project.

The Sponsor may, with the approval of

the Secretary, limit occupancy within

housing developed under this program

section of the SuperNOFA to persons

with disabilities who have similar

disabilities and require a similar set of

supportive services in a supportive

housing environment. However, the

Owner must permit occupancy by any

qualified person with a disability who

could benefit from the housing and/or

services provided, regardless of the

person’s disability.

(b) If the Sponsor is requesting

approval to limit occupancy in its

proposed project(s), it must submit the

following:

(i) description of the population of

persons with disabilities to which

occupancy will be limited;

(ii) An explanation of why it is

necessary to limit occupancy of the

proposed project(s) to the population

described in (i) above. This should

include but is not limited to:

(1) An explanation of how limiting

occupancy to a subcategory of persons

with disabilities promotes the goals of

the Section 811 program; and,

(2) An explanation of why the

housing and/or service needs of this

population cannot be met in a more

integrated setting.

(iii) A description of the Sponsor’s

experience in providing housing and/or

supportive services to the proposed

occupants; and

(iv) A description of how the Sponsor

will ensure that the occupants of the

proposed project(s) will be integrated

into the neighborhood and surrounding

community.

(8) A detailed description of the

supportive service needs of the persons

with disabilities that the housing is

expected to serve.

(9) The Sponsor shall develop, and

submit with its application, a list of

community service providers, including

those that are consumer controlled, and

include letters of intent to provide

services to residents of the proposed

project(s) from as many potential service

providers as possible. This list shall be

made available to any residents who

wish to be responsible for acquiring

their own supportive services. However,

a provider may not require residents to

participate in any particular service.

(10) A detailed description of a

comprehensive supportive services plan

organized by the Sponsor for those

residents who do not wish to take

responsibility for acquiring their own

services. Such a plan must include the

following:

(a) The name(s) of the agency(s) that

will be responsible for providing the

supportive services;

(b) The evidence of each service

provider’s (applicable even if the service

provider will be the Sponsor) capability

and experience in providing such

supportive services;

(c) A description of how, when, how

often, and where (on/off-site) the

services will be provided;

(d) Identification of the extent of State

and local funds to assist in the provision

of supportive services;

(e) Letters of intent from service

providers (including those that are

consumer-controlled) or funding

sources, indicating commitments to

fund or to provide the supportive

services, or that a particular service will

be available to proposed residents. If the

Sponsor will be providing any

supportive services or will be

coordinating the provision of any of the

supportive services, a letter indicating

its commitment to either provide the

supportive services or ensure their

provision for the life of the project;

(f) If any State or local government

funds will be provided, a description of

the State or local agency’s philosophy/

policy concerning housing for the

population to be served, and a

demonstration by the Sponsor that the

application is consistent with State or

local plans and policies governing the

development and operation of housing

for the same disabled population.

(e) A description of residential staff, if

needed.

(f) Assurances that if any proposed

resident chooses to receive supportive

services organized by the Sponsor, the

services will be provided based on the

resident’s individual needs.

(g) A statement indicating the

Sponsor’s commitment that it will not

condition occupancy on the resident’s

acceptance of any supportive services.

(11) A list of the applications, if any,

the Sponsor has submitted or is

planning to submit to any other HUD

Office in response to this Section 811

funding announcement under this

SuperNOFA or announcement for

funding under this SuperNOFA of the

Section 202 program of Supportive

Housing for the Elderly. Indicate, by

HUD Office, the number of units

requested and the proposed location by
24046 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

city and State for each application.

Include a list of all FY 1997 and prior

year projects to which the Sponsor(s) is

a party, identified by project number

and HUD Office, which have not been

finally closed.

(12) A statement that: (a) identifies all

persons (families, individuals,

businesses, and nonprofit organizations)

by race/minority group and status as

owners or tenants occupying the

property on the date of submission of

the application for a capital advance; (b)

indicates the estimated cost of

relocation payments and other services;

(c) identifies the staff organization that

will carry out the relocation activities;

and (d) identifies all persons that have

moved from the site within the last 12

months. (This requirement applies to

applications with site control only.

Sponsors of applications with identified

sites that are selected will be required

to submit this information at a later date

once they have obtained site control.)

Note: If any of the relocation costs will be

funded from sources other than the section

811 capital advance, the sponsor must

provide evidence of a firm commitment of

these funds. When evaluating applications,

HUD will consider the total cost of proposals

(i.e., cost of site acquisition, relocation,

construction and other project costs).

VI. Environmental Requirements

All Section 811 assistance is subject

to the National Environmental Policy

Act of 1969 and applicable related

Federal environmental authorities. The

environmental review provisions of the

Section 811 program regulations are in

24 CFR 891.155(b).

Appendix A to SuperNOFA—HUD Field

Office Contact Information

Not all Field Offices listed handle all of the

programs contained in the SuperNOFAs.

Applicants should look to the SuperNOFAs

for contact numbers for information on

specific programs. Office Hour listings are

local time. Persons with hearing or speech

impediments may access any of these

numbers via TTY by calling the Federal

Relay Service at 1–800–877–8339.

New England

Connecticut State Office, One Corporate

Center, 19th Floor, Hartford, CT 06103–

3220, 860–240–4800, Office Hours: 8:00—

4:30 PM

Maine State Office, 99 Franklin Street, Third

Floor, Suite 302, Bangor, ME 04401–4925,

207–945–0467, Office Hours: 8:00 AM–

4:30 PM

Massachusetts State Office, Thomas P.

O’Neill, Jr. Federal Building, 10 Causeway

Street, Room 375, Boston, MA 02222–1092,

617–565–5234, Office Hours: 8:30 AM–

5:00 PM

New Hampshire State Office, Norris Cotton

Federal Building, 275 Chestnut Street,

Manchester, NH 03101–2487, 603–666–

7681, Office Hours: 8:00 AM–4:30 PM

Rhode Island State Office, Sixth Floor 10

Weybosset Street, 6th Floor, Providence, RI

02903–2808, 401–528–5230, Office Hours:

8:00 AM–4:30 PM

Vermont State Office, U.S. Federal Building,

Room 237, 11 Elmwood Avenue, P.O. Box

879, Burlington, VT 05402–0879, 802–951–

6290, Office Hours: 8:00 AM–4:30 PM

New York/New England

Albany Area Office, 52 Corporate Circle,

Albany, NY 12203–5121, 518–464–4200,

Office Hours: 7:30 AM–4:00 PM

Buffalo Area Office, Lafayette Court, 465

Main Street, Fifth Floor, Buffalo, NY

14203–1780, 716–551–5755, Office Hours:

8:00 AM–4:30 PM

Camden Area Office, Hudson Building 800,

Hudson Square, Second Floor, Camden, NJ

08102–1156, 609–757–5081, Office Hours:

8:00 AM–4:30 PM

New Jersey State Office, One Newark Center,

13th Floor, Newark, NJ 07102–5260, 973–

622–7900, Office Hours: 8:00 AM–4:30 PM

New York State Office, 26 Federal Plaza, New

York, NY 10278–0068, 212–264–6500,

Office Hours: 8:30 AM–5:00 PM

Mid Atlantic

Delaware State Office, 824 Market Street,

Suite 850, Wilmington, DE 19801–3016,

302–573–6300, Office Hours: 8:00 AM–

4:30 PM

District of Columbia Office, 820 First Street,

N.E., Suite 450, Washington, DC 20002–

4205, 202–275–9200, Office Hours: 8:30

AM–4:30 PM

Maryland State Office, City Crescent

Building, 10 South Howard Street, Fifth

Floor, Baltimore, MD 21201–2505, 410–

962–2520, Office Hours: 8:30 AM–4:30 PM

Pennsylvania State Office, The Wanamaker

Building, 100 Penn Square East,

Philadelphia, PA 19107–3380, 215–656–

0600, Office Hours: 8:30 AM–4:30 PM

Pittsburgh Area Office, 339 Sixth Avenue,

Sixth Floor, Pittsburgh, PA 15222–2515,

412–644–6428, Office Hours: 8:30 AM–

4:30 PM

Virginia State Office, The 3600 Centre, 3600

West Broad Street, Richmond, VA 23230–

4920, 804–278–4539, Office Hours: 8:30

AM–4:30 PM

West Virginia State Office, 405 Capitol Street,

Suite 708, Charleston, WV 25301–1795,

304–347–7000, Office Hours: 8:00 AM–

4:30 PM

Southeast/Caribbean

Alabama State Office, Beacon Ridge Tower,

600 Beacon Parkway West, Suite 300,

Birmingham, AL 35209–3144, 205–290–

7617, Office Hours: 8:00 AM–4:30 PM

Caribbean Office, New San Juan Office

Building, 159 Carlos E. Chardon Avenue,

San Juan, PR 00918–1804, 787–766–5201,

Office Hours: 8:00 AM–4:30 PM

Florida State Office, Gables One Tower, 1320

South Dixie Highway, Coral Gables, FL

33146–2926, 305–662–4500, Office Hours:

8:30 AM–5 PM

Georgia State Office, Richard B. Russell

Federal Building, 75 Spring Street, S.W.,

Atlanta, GA 30303–3388, 404–331–5136,

Office Hours: 8:00 AM–4:30 PM

Jacksonville Area Office, Southern Bell

Tower, 301 West Bay Street, Suite 2200,

Jacksonville, FL 32202–5121, 904–232–

2627, Office Hours: 8:00 AM–4:30 PM

Kentucky State Office, 601 West Broadway,

P.O. Box 1044, Louisville, KY 40201–1044,

502–582–5251, Office Hours: 8:00 AM–

4:45 PM

Knoxville Area Office, John J. Duncan

Federal Building, 710 Locust Street, 3rd

Floor, Knoxville, TN 37902–2526, 423–

545–4384, Office Hours: 7:30 AM–4:15 PM

Memphis Area Office, One Memphis Place,

200 Jefferson Avenue, Suite 1200,

Memphis, TN 38103–2335, 901–544–3367,

Office Hours: 8:00 AM–4:30 PM

Mississippi State Office, Doctor A. H. McCoy

Federal Building, 100 West Capital Street,

Room 910, Jackson, MS 39269–1096, 601–

965–4738, Office Hours: 8:00 AM–4:45 PM

North Carolina State Office, Koger Building,

2306 West Meadowview Road, Greensboro,

NC 27407–3707, 910–547–4000, Office

Hours: 8:00 AM–4:45 PM

Orlando Area Office, Langley Building, 3751

Maguire Blvd, Suite 270, Orlando, FL

32803–3032, 407–648–6441, Office Hours:

8:00 AM–4:30 PM

South Carolina State Office, Strom

Thurmond Federal Building, 1835

Assembly Street, Columbia, SC 29201–

2480, 803–765–5592, Office Hours: 8:00

AM–4:45 PM

Tampa Area Office, Timberlake Federal

Building Annex, 501 East Polk Street, Suite

700, Tampa, FL 33602–3945, 813–228–

2501, Office Hours: 8:00 AM–4:30 PM

Tennessee State Office, 251 Cumberland

Bend Drive, Suite 200, Nashville, TN

37228–1803, 615–736–5213, Office Hours:

8:00 AM–4:30 PM

Midwest

Cincinnati Area Office, 525 Vine Street, 7th

Floor, Cincinnati, OH 45202–3188, 513–

684–3451, Office Hours: 8:00 AM–4:45 PM

Cleveland Area Office, Renaissance Building,

1350 Euclid Avenue, Suite 500, Cleveland,

OH 44115–1815, 216–522–4065, Office

Hours: 8:00 AM–4:40 PM

Flint Area Office, The Federal Building, 605

North Saginaw, Suite 200, Flint, MI 48502–

2043, 810–766–5108, Office Hours: 8:00

AM–4:30 PM

Grand Rapids Area Office, Trade Center

Building, 50 Louis Street, NW, 3rd Floor,

Grand Rapids, MI 49503–2648, 616–456–

2100, Office Hours: 8:00 AM–4:30 PM

Illinois State Office, Ralph H. Metcalfe

Federal Building, 77 West Jackson Blvd,

Chicago, IL 60604–3507, 312–353–5680,

Office Hours: 8:15 AM–4:45 PM

Indiana State Office, 151 North Delaware

Street, Indianapolis, IN 46204–2526, 317–

226–6303, Office Hours: 8:00 AM–4:45 PM

Michigan State Office, Patrick V. McNamara

Federal Building, 477 Michigan Avenue,

Detroit, MI 48226–2592, 313–226–7900,

Office Hours: 8:00 AM–4:30 PM

Minnesota State Office, 220 Second St.,

South, Minneapolis, MN 55401–2195, 612–

370–3000, Office Hours: 8:00 AM–4:30 PM

Ohio State Office, 200 North High Street,

Columbus, OH 43215–2499, 614–469–

5737, Office Hours: 8:00 AM–4:45 PM

Wisconsin State Office, Henry S. Reuss

Federal Plaza, 310 West Wisconsin

Avenue, Suite 1380, Milwaukee, WI
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 24047

53203–2289, 414–297–3214, Office Hours:

8:00 AM–4:30 PM

Southwest

Arkansas State Office, TCBY Tower, 425

West Capitol Avenue, Suite 900, Little

Rock, AR 72201–3488, 501–324–5931,

Office Hours: 8:00 AM–4:30 PM

Dallas Area Office, Maceo Smith Federal

Building, 525 Griffin Street, Room 860,

Dallas, TX 75202–5007, 214–767–8359,

Office Hours: 8:00 AM–4:30 PM

Houston Area Office, Norfolk Tower, 2211

Norfolk, Suite 200, Houston, TX 77098–

4096, 713–313–2274, Office Hours: 7:45

AM–4:30 PM

Louisiana State Office, Hale Boggs Federal

Building, 501 Magazine Street, 9th Floor,

New Orleans, LA 70130–3099, 504–589–

7201, Office Hours: 8:00 AM–4:30 PM

Lubbock Area Office, George H. Mahon

Federal Building and United States

Courthouse, 1205 Texas Avenue, Lubbock,

TX 79401–4093, 806–472–7265, Office

Hours: 8:00 AM–4:45 PM

New Mexico State Office, 625 Truman Street,

N.E., Albuquerque, NM 87110–6472, 505–

262–6463, Office Hours: 7:45 AM—4:30

PM

Oklahoma State Office, 500 West Main Street,

Suite 400, Oklahoma City, OK 73102, 405–

553–7401, Office Hours: 8:00 AM—4:30

PM

San Antonio Area Office, Washington

Square, 800 Dolorosa Street, San Antonio,

TX 78207–4563, 210–472–6800, Office

Hours: 8:00 AM—4:30 PM

Shreveport Area Office, 401 Edwards Street,

Suite 1510, Shreveport, LA 71101–3289,

318–676–3385, Office Hours: 7:45 AM—

4:30 PM

Texas State Office, 1600 Throckmorton

Street, P.O. Box 2905, Fort Worth, TX

76113–2905, 817–978–9000, Office Hours:

8:00 AM—4:30 PM

Tulsa Area Office, 50 East 15th Street, Tulsa,

OK 74119–4030, 918–581–7434, Office

Hours: 8:00 AM—4:30 PM

Great Plains

Iowa State Office, Federal Building, 210

Walnut Street, Room 239, Des Moines, IA

50309–2155, 515–284–4512, Office Hours:

8:00 AM—4:30 PM

Kansas/Missouri State Office, Gateway Tower

II, 400 State Avenue, Kansas City, KS

66101–2406, 913–551–5462, Office Hours:

8:00 AM—4:30 PM

Nebraska State Office, Executive Tower

Centre, 10909 Mill Valley Road, Omaha,

NE 68154–3955, 402–492–3100, Office

Hours: 8:00 AM—4:30 PM

St. Louis Area Office, Robert A. Young

Federal Building, 1222 Spruce Street, 3rd

Floor, St. Louis, MO 63103–2836, 314–

539–6583, Office Hours: 8:00 AM—4:30

PM

Rocky Mountains

Colorado State Office, 633—17th Street,

Denver, CO 80202–3607, 303–672–5440,

Office Hours: 8:00 AM—4:30 PM

Montana State Office, Federal Office

Building, 301 South Park, Room 340,

Drawer 10095, Helena, MT 59626–0095,

406–441–1298, Office Hours: 8:00 AM—

4:30 PM

North Dakota State Office, Federal Building

P. O. Box 2483, Fargo, ND 58108–2483,

701–239–5136, Office Hours: 8:00 AM—

4:30 PM

South Dakota State Office, 2400 West 49th

Street, Suite I–201, Sioux Falls, SD 57105–

6558, 605–330–4223, Office Hours: 8:00

AM—4:30 PM

Utah State Office, 257 Tower Building, 257

East—200 South, Suite 550, Salt Lake City,

UT 84111–2048, 801–524–3323, Office

Hours: 8:00 AM—4:30 PM

Wyoming State Office, Federal Office

Building, 100 East B Street, Room 4229,

Casper, WY 82601–1918, 307–261–6250,

Office Hours: 8:00 AM—4:30 PM

Pacific/Hawaii

Arizona State Office, Two Arizona Center,

400 North 5th Street, Suite 1600, Phoenix,

AZ 85004, 602–379–4434, Office Hours:

8:00 AM—4:30 PM

California State Office, Philip Burton Federal

Building and U.S. Courthouse, 450 Golden

Gate Avenue, San Francisco, CA 94102–

3448, 415–436–6550, Office Hours: 8:15

AM—4:45 PM

Fresno Area Office, 2135 Fresno Street, Suite

100, Fresno, CA 93721–1718, 209–487–

5033, Office Hours: 8:00 AM—4:30 PM

Hawaii State Office, Seven Waterfront Plaza,

500 Ala Moana Boulevard, Suite 500,

Honolulu, HI 96813–4918, 808–522–8175,

Office Hours: 8:00 AM—4:00 PM

Los Angeles Area Office, 611 West 6th Street,

Suite 800, Los Angeles, CA 90017–3127,

213–894–8000, Office Hours: 8:00 AM—

4:30 PM

Nevada State Office, 333 North Rancho Drive,

Suite 700, Las Vegas, NV 89106–3714,

702–388–6525, Office Hours: 8:00 AM—

4:30 PM

Reno Area Office, 1575 Delucchi Lane, Suite

114, Reno, NV 89502–6581, 702–784–5356,

Office Hours: 8:00 AM—4:30 PM

Sacramento Area Office, 777—12th Street,

Suite 200, Sacramento, CA 95814–1997,

916–498–5220, Office Hours: 8:00 AM—

4:30 PM

San Diego Area Office, Mission City

Corporate Center, 2365 Northside Drive,

Suite 300, San Diego, CA 92108–2712,

619–557–5310, Office Hours: 8:00 AM—

4:30 PM

Santa Ana Area Office, 3 Hutton Centre

Drive, Suite 500, Santa Ana, CA 92707–

5764, 714–957–3745, Office Hours: 8:00

AM—4:30 PM

Tucson Area Office, Security Pacific Bank

Plaza, 33 North Stone Avenue, Suite 700,

Tucson, AZ 85701–1467, 520–670–6237,

Office Hours: 8:00 AM—4:30 PM

Northwest/Alaska

Alaska State Office, University Plaza

Building, 949 East 36th Avenue, Suite 401,

Anchorage, AK 99508–4135, 907–271–

4170, Office Hours: 8:00 AM—4:30 PM

Idaho State Office, Plaza IV 800 Park

Boulevard, Suite 220, Boise, ID 83712–

7743, 208–334–1990, Office Hours: 8:00

AM—4:30 PM

Oregon State Office, 400 Southwest Sixth

Avenue, Suite 700, Portland, OR 97204–

1632, 503–326–2561, Office Hours: 8:00

AM—4:30 PM

Spokane Area Office, Farm Credit Bank

Building, Eighth Floor East, West 601 First

Avenue, Spokane, WA 99204–0317, 509–

353–2510, Office Hours: 8:00 AM—4:30

PM

Washington State Office, Seattle Federal

Office Building, 909 1st Avenue, Suite 200,

Seattle, WA 98104–1000, 206–220–5101,

Office Hours: 8:00 AM—4:30 PM

[FR Doc. 98–11400 Filed 4–29–98; 8:45 am]

BILLING CODE 4210–32–P