39686 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4384–N–02]

Notice of Funding Availability for Title

VI Loan Guarantee Capacity-Building

Grants

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

(NOFA).

SUMMARY: This NOFA announces the

availability of $4 million for assistance

to organizations providing capacity

building technical assistance to Indian

tribes or Tribally Designated Housing

Entities (TDHEs) that have been granted

a loan guarantee under the Title VI

Demonstration Program. Under the

demonstration program (which HUD is

announcing through a separate notice

published elsewhere in today’s Federal

Register), HUD will guarantee the

financial obligations issued by Indian

tribes and TDHEs to finance affordable

housing activities authorized by the

Native American Housing Assistance

and Self-Determination Act of 1996

(NAHASDA). This document sets forth

the application instructions for the

grants made available under the NOFA.

APPLICATION DUE DATES: Completed

applications (an original and one copy)

must be submitted no later than 4:00

pm, Mountain time, on August 24, 1998

to the address shown below.

The above-stated application deadline

is firm as to date and hour. In the

interest of fairness to all applicants,

HUD will treat as ineligible for

consideration any application that is not

received by the application deadline.

Applicants should submit their

materials as early as possible to avoid

any risk of loss of eligibility because of

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

at any time during the NOFA

competition, application materials sent

by facsimile (FAX) transmission.

ADDRESSES AND APPLICATION SUBMISSION

PROCEDURES: Addresses: Completed

applications (one original and one copy)

must be submitted to: National office of

Native American Programs—Office of

Loan Guarantee, Department of Housing

and Urban Development, 1999

Broadway—Suite 3390, Box 90, Denver,

CO 80202–3390; ATTN: Title VI

Demonstration.

Application Procedures: Mailed

Applications. Applications will be

considered timely filed if post marked

on or before 4:00 p.m. on the

application due date and received at the

address above on or within five (5) 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. 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 8:30

am to 4:00 pm, Mountain time.

FOR FURTHER INFORMATION AND TECHNICAL

ASSISTANCE CONTACT: Karen GarnerWing, Director, Office of Loan

Guarantee, Department of Housing and

Urban Development, 1999 Broadway—

Suite 3390, Box 90, Denver, CO 80202–

3390; telephone (303) 675–1600 (this is

not a toll free number). Persons with

speech or hearing impediments may

access this number via TTY by calling

the toll-free Federal Information Relay

Service at 1–800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Authority; Background; Purpose;

Definitions; Amounts Allocated; and

Eligibility

(A) Authority

Title II of the Departments of Veterans

Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1998

(Pub. L. 105–65, 111 Stat. 1344, 1357;

approved October 27, 1997) (FY 1998

HUD Appropriations Act).

(B) Background

Title VI of the Native American

Housing Assistance and SelfDetermination Act of 1996 (NAHASDA)

(entitled ‘‘Federal Guarantees for

Financing for Tribal Housing

Activities’’) authorizes HUD to

guarantee financial obligations issued

by Indian tribes or their Tribally

Designated Housing Entities (TDHEs) to

finance affordable housing activities. To

assure the repayment of notes or other

obligations, NAHASDA requires Title VI

applicants to pledge their Indian

Housing Block Grant (IHBG) funds and

other security as required by HUD. The

FY 1998 HUD Appropriations Act

provided $5 million for the funding of

a demonstration program which could

guarantee up to $45 million in Title VI

loan guarantees. HUD’s Title VI Loan

Guarantee Demonstration program is

being announced through a separate

notice published elsewhere in today’s

Federal Register.

(C) Purpose

(1) The FY 1998 HUD Appropriations

Act provided $25 million to test

comprehensive approaches for

developing jobs through economic

development, developing affordable

low- and moderate-income rental and

homeownership housing, and increasing

the investment of both private and

nonprofit capital in rural and tribal

areas of the United States. Of the $25

million, $4 million is being made

available under this NOFA.

(2) The funds available under this

NOFA will be competitively awarded to

one or more technical assistance

providers that will use the grant funds

to provide capacity-building technical

assistance to Indian tribes or TDHEs

with an obligation approved under the

Title VI Demonstration Program. The

purposes of grants awarded under this

NOFA are to: (a) strengthen the

economic feasibility of projects

guaranteed under Title VI of

NAHASDA; (b) directly enhance the

security of guaranteed loans; (c) finance

affordable housing activities and related

projects that will provide near-term

results; (d) demonstrate economic

benefits such as homeownership

opportunities, increased housing

availability, housing accessibility and

visitability, and job creation related to

the approved project; and (e) attainment

of Indian Housing Plan goals and

objectives.

(3) As a technical assistance provider,

the organization will:

(a) Act as a pass-through agent to

distribute the grant funds to Indian

tribes and/or TDHEs that have hired a

technical service provider to oversee the

successful completion of their Title VI

project; and/or;

(b) Act as a technical service provider

to Indian tribes and/or TDHEs that

request the organization’s services in

overseeing the successful

implementation of their Title VI project,

and/or;

(c) Act as a pass-through agent to

distribute the grant funds to Indian

tribes and/or TDHEs for eligible costs

directly related to the approved Title VI

project (but which are not specifically

covered in NAHASDA) or other related

activities as deemed appropriate by

HUD. Examples of eligible costs

include, but are not limited to: types of

creative financing such as payment of

private financial guaranty insurance

policies, letters of credit or other forms

of credit enhancement for obligations to

be guaranteed, the payment of interest
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices 39687

due and costs such as underwriting and

note servicing.

(D) Definitions

Capacity-building is the transferring

of skills and knowledge in planning,

developing and administering activities

funded under this NOFA. For purposes

of this NOFA, capacity-building may

include provision of loans and grants as

well as training and technical assistance

activities.

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 provide a

minimum 2 feet, 10 inches clear

opening. 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.

(E) Amounts Allocated

This NOFA makes available a total of

$4 million in FY 1998 funding on a

competitive basis.

(F) Eligible Applicants

(1) Eligible applicants are private

organizations (for profit and nonprofit)

with experience in providing technical

assistance and capacity-building skills

in planning and developing affordable

housing. Applicants must also have

experience in assisting Indian tribes,

TDHEs, and/or other entities having

similar physical, social, or economic

conditions to those that exist in Indian

country.

(2) A technical assistance provider

awarded a grant under this NOFA must

demonstrate experience in providing

technical assistance in housing

development to Indian tribes, TDHEs, or

other entities facing similar economic

and social conditions to those that exist

in Indian country.

(G) Eligible Activities

(1) Funding under this NOFA will be

used to enhance and strengthen an

approved Title VI demonstration

project. All applicants must meet and

comply with the requirements of this

NOFA and the Title VI Demonstration

Program (see notice published

elsewhere in today’s Federal Register).

HUD desires to see the funds used to

finance affordable housing activities and

projects that will provide near-term

results and demonstrate economic

benefits (such as homeownership

opportunities, increased availability of

affordable/accessible housing, job

creation and attainment of Indian

Housing Plan goals and objectives).

Eligible activities include:

(a) Providing technical assistance

which will enhance the completion of

the Title VI demonstration project,

including:

(i) Planning, training and predevelopment assistance to tribes/TDHEs

to expand their scope of expertise, to

implement larger-scale and model Title

VI projects;

(ii) Self-help assistance, including

skill in fiscal management related to the

Title VI demonstration project;

(iii) Dissemination of capacitybuilding information and citizen

participation activities (including

information on Title VI loans); and

(iv) Coordination of existing resources

to maximize housing or economic

opportunities funded under the

provisions of this NOFA and/or the

Title VI Demonstration Program.

(b) Providing loss mitigation

techniques.

(c) Providing related activities (public

improvements, economic development,

public services, and administrative

costs) that directly support the housing

activities listed in the Title VI

Demonstration Program. The provision

of these activities may not constitute

more than twenty-five percent (25%) of

the recipient’s budget in the aggregate,

and must clearly support and serve the

Native American community served by

the housing activities. Such activities

include, but are not limited to:

(i) Construction of publicly- or

privately-owned utilities needed to

serve the housing site(s) for which the

Title VI demonstration project was

funded;

(ii) Provision of supportive housing

services that are directly supportive of

the housing activities proposed in the

Title VI demonstration project,

including but not limited to, legal

assistance, housing counseling, classes

on purchasing a home, home

maintenance and repair training, tenant

services;

(iii) Tribal/TDHE costs of

administering the funding and carrying

out of activities related to the Title VI

demonstration project (which are not

specifically permitted by NAHASDA),

but at a rate not to exceed 10% of the

Title VI funds provided ; and

(iv) Provision of financial or technical

assistance related to the Title VI loan to

start or expand businesses, for the

purposes of creating jobs or providing

goods or services for tribal residents

living in the Indian area.

(2) In undertaking activities under

this NOFA, applicants should design

construction, rehabilitation or

modifications to buildings and facilities

to be accessible and visitable for persons

with disabilities and others who may

also benefit, such as mothers with

strollers or persons delivering

appliances. In providing technical

assistance, educational opportunities,

and loans, training and informational

materials related to program activities

should be made available in appropriate

video, audio, or braille formats, if

approved by HUD. If job opportunities

are provided through this program,

reasonable efforts should be made to

employ Native Americans with

disabilities in a variety of jobs.

Employers should make reasonable

accommodations for employees with

disabilities.

II. Program Requirements

(A) Compliance with Civil Rights

Laws. Indian tribes and TDHEs must

comply with the nondiscrimination

requirements of 24 CFR 1000.12. All

other applicants must comply with the

nondiscrimination requirements set

forth in 24 CFR 5.105(a).

(B) Economic Opportunities for Low

and Very Low-Income Persons (Section

3). Recipients of HUD assistance must

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 in 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.

(C) 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
39688 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices

assistance is covered by the relocation

requirements of the URA and the

governmentwide regulation. (Note that

coverage under the URA does not

include displacement funded by any

Federal loan guarantees.)

(D) OMB Circulars. The policies,

guidances, and requirements of OMB

Circular No. A–122 (Cost Principles for

Nonprofit Organizations) and 24 CFR

part 84 (Grants and Agreements with

Institutions of Higher Education,

Hospitals, and other Non-Profit

Organizations) apply to the award,

acceptance and use of assistance under

this NOFA, 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

NOFA. Copies of the OMB Circular 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).

(E) Program Award Period. Grant

Agreements shall be for a period of up

to 24 months. HUD, however, reserves

the right to:

(1) Terminate grant awards in

accordance with the provisions of 24

CFR part 84 anytime after 12 months.

(2) Extend the performance period of

individual awardees up to a total of 12

additional months.

(F) Delivery of Services System.

Technical assistance providers shall be

required to:

(1) Provide technical assistance to

Indian tribes and/or TDHEs.

(2) Obtain approval from the National

Office of Native American Programs

(NONAP) of its administrative and

operating plans.

(3) Where necessary, cooperate and

coordinate with other technical

assistance providers to ensure clients

are provided with the full range of

technical services.

(G) Technical Assistance Plan (TAP).

After selection, but prior to funding the

award, technical assistance providers

shall develop a Technical Assistance

Plan (TAP) to be submitted to the

NONAP for review and approval. A TAP

shall be developed for each Indian tribe/

TDHE receiving technical assistance

(TA), and shall be prepared in

consultation with the Indian tribe/TDHE

and HUD. HUD will complete an

environmental review where required in

accordance with 24 CFR part 50 prior to

approving the TAP. The TAP shall

describe the following elements:

(1) Management strategy;

(2) Work plans;

(3) Establishment of priorities;

(4) Location of activities;

(5) Anticipated improved performance;

(6) Methods for measuring

programmatic success;

(7) Tasks and sub-tasks for each

program;

(8) Implementation schedule;

(9) Budgetary needs to accomplish tasks;

(10) Staffing plan; and

(11) Administrative budget.

(H) Negotiations. Technical service

providers shall participate in

negotiations with grant applicants and

Title VI demonstration program

participants.

(I) Financial Management and Audit

Information. A grant recipient under

this NOFA must provide a certification

by an independent public accountant

stating that the financial management

system employed by the applicant meets

the standards for fund control and

accountability required by 24 CFR part

84, as applicable. The certification must

provide the name, telephone number,

and address of the independent public

accountant.

(J) Training Sessions. Recipients may

provide training sessions for Indian

tribes/TDHEs where appropriate.

(K) Pass-Through Grants. Recipients

must establish written criteria regarding

pass-through procedures. HUD must

approve this written criteria.

(L) Environmental Review. HUD’s

notification of award to a selected

applicant will constitute a preliminary

approval by HUD subject to approval of

the Technical Assistance Plan and a

HUD environmental review, where

required. Selection for participation

(preliminary approval) does not

constitute approval of proposed sites for

activities. Each preliminarily-selected

applicant must assist HUD in complying

with environmental review procedures,

conducted by HUD where required in

accordance with 24 CFR part 50. An

applicant may not acquire, rehabilitate,

convert, lease, repair or construct

property, or commit HUD or local funds

to these activities, until written

approval is received from HUD. The

results of the environmental review may

require that proposed activities be

modified or proposed sites rejected.

(M) Flood Insurance. In accordance

with the Flood Disaster Protection Act

of 1973 (42 U.S.C. 4001–4128), HUD

will not approve applications for grants

providing financial assistance for

acquisition or construction (including

rehabilitation) of properties located in

an area identified by the Federal

Emergency Management Agency

(FEMA) as having special flood hazards,

unless:

(1) The community in which the area

is situated is participating in the

National Flood Insurance Program (see

44 CFR parts 59 through 79), or less

than one year has passed since FEMA

notification regarding such hazards; and

(2) Where the community is

participating in the National Flood

Insurance Program, flood insurance is

obtained as a condition of approval of

the application.

(N) Coastal Barrier Resources Act. In

accordance with the Coastal Barrier

Resources Act (16 U.S.C. 3501), HUD

will not approve grant applications for

properties in the Coastal Barrier

Resources System.

III. Application Selection Process

(A) Rating and Ranking. (1) General.

All applicants for funding under this

NOFA will be evaluated against the

criteria described below. 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 and subrecipients. If no applicants address the

selection criteria described below, HUD

will issue a revised NOFA requesting

new applications for Title VI

Demonstration Program capacity

building grants.

(2) Threshold. If an applicant (a) has

been charged with a violation of the Fair

Housing Act by the Secretary; (b) is the

defendant in a Fair Housing Act lawsuit

filed by the Department of Justice; (c)

has received a letter of noncompliance

findings under Title VI of the Civil

Rights Act or Section 504 of the

Rehabilitation Act; or (d) has been

debarred, the applicant is not eligible to

apply for funding under this NOFA

until the applicant resolves such charge,

lawsuit, letter of findings, or debarment

to the satisfaction of the Department.

(3) After a determination of

completion, the applications will be

reviewed, rated and ranked, and

notification of award of grant funds sent

to the applicant. HUD will then fund the

highest rated application from within

the jurisdiction of each Area Office of

Native American Programs in rank

order. If any funds remain, HUD will

then fund all of the remaining

applications in rank order, regardless of

which Area ONAP they are from. HUD

reserves the right not to make awards

under this NOFA.

(4) Adjustment of Grant Awards. If

HUD determines that an application

rated, ranked and fundable could be

funded at a lesser grant amount than

requested, consistent with the feasibility

of the funded project or activities and

the purposes of this NOFA, HUD

reserves the right to reduce the amount

of the grant award.
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices 39689

(B) Factors for award. (1) Each rating

factor and the maximum number of

points is reflected below. The maximum

number of points to be awarded is 100.

Once scores are assigned, all

applications will be ranked in order of

points assigned, with the applications

receiving more points ranking above

those receiving fewer points.

(2) A rating plan shall establish a

value to each criteria below.

Rating Factor 1: Capacity of the

Applicant and Relevant Organizational

Experience and Staff (40 points). This

factor addresses the applicant’s

organizational and prior experience

with Indian tribes, TDHEs, or other

entities facing similar economic and

social conditions in (a) administering

similar types of funding; (b) the

demonstrated capacity to carry out the

proposed activities; and (c) previous

experience in administering and/or

overseeing loan or obligation programs

by HUD or other Federal agencies, or the

private sector. The rating of the

applicant or the applicant’s organization

and staff for technical merit will include

any faculty, subcontractors, consultants,

subrecipients, and members of consortia

which are firmly committed (i.e., has a

written agreement or a signed letter of

understanding with the applicant

agreeing in principle to its participation

and role in the project). HUD will also

consider past performance in carrying

out HUD-funded or other projects

similar in size and scope to the project

proposed.

Rating Factor 2: Soundness of

Approach (40 points). This factor

addresses the appropriateness and

effectiveness of the proposed activities

in substantially addressing eligible

activities within the content of the

objectives of this NOFA and the Title VI

Demonstration Program notice,

including any pass-through funds. The

factor also addresses the workplan,

management strategy, budget, and

staffing proposed to conduct the work.

In evaluating this factor, HUD will

consider:

(a) The relationship of the proposed

activities (including proposed passthrough funding activities) in

developing or implementing affordable

housing projects in the Indian areas;

(b) The extent to which the applicant

can demonstrate that the technical

assistance will improve the ability of the

Indian tribe or TDHE to complete the

project on a timely basis;

(c) The extent to which the proposed

activities bring additional financial or

other resources to Indian areas;

(d) The extent to which the proposed

activities increase economic

opportunities, as defined in this NOFA,

to residents of Indian areas;

(e) The extent to which the proposed

activities provide increased housing and

economic opportunities for persons

with disabilities;

(f) The applicant’s workplan for

conducting the proposed activities;

(g) The applicant’s management

strategy for conducting the proposed

activities;

(h) The applicant’s budget for

conducting the proposed activities; and

(i) The applicant’s staffing for

conducting the proposed activities.

Rating Factor 3: Promoting

Partnerships (10 points). This factor

addresses the extent to which the

applicant can demonstrate past

experience in financing housing and

economic development projects that

include partnership arrangements. In

evaluating this factor, HUD will award

a greater number of rating points to

those applicants that conducted projects

in areas with similar economic, social,

and physical conditions as those that

exist in Indian areas. The applicant’s

past experience will be evaluated based

on the following criteria:

(a) The number of partners for each

project;

(b) The financial layering;

(c) The total dollar value of each

project; and

(d) The number of completed housing

and economic development projects that

involved partnership arrangements.

Rating Factor 4: Coordination (10

Points). This factor addresses the extent

to which the applicant proposes to

coordinate the delivery of services with

other entities providing assistance in

Indian areas. In evaluating this factor,

HUD will consider the extent to which

the applicant will:

(a) Coordinate its proposed activities

with other entities working in the

Indian areas being served by the

applicant;

(2) Take specific steps to share

information with other entities serving

Indian areas on the successful

implementation of Title VI projects; and

(3) Take specific steps to develop

linkages with other activities, programs,

or projects (on-going or proposed) in

Indian areas through meetings,

information networks, planning

processes, or other mechanisms to

coordinate its activities so solutions are

holistic and comprehensive.

IV. Application Submission

Requirements

The application must include an

original and one copy of the items listed

below, and must be signed by an

authorized official:

(A) Form SF–424, Application for

Federal Assistance.

(B) Transmittal letter which identifies

the amount of funds requested and the

applicant and partners (if any).

(C) Table of Contents (please number

pages of the submission and list them

accordingly in the Table of Contents).

(D) Narrative statement and

supporting documentation addressing

the Factors for Award described in

Section III of this NOFA. The narrative

response should be numbered in

accordance with each factor for award.

This narrative statement will be the

basis for evaluating the application. The

suggested approach described in the

responses to Rating Factor 2 will be the

starting point for negotiating the grant

agreement and the individual TAP

required for each Indian tribe/TDHE

receiving assistance.

(E) A statement as to whether the

applicant proposes to use pass-through

funds for activities under the proposed

program, and, if so, the amount and

proposed uses of such funds.

(F) Budget identifying costs for

implementing the plan of suggested TA

activities by cost category (in

accordance with the following):

(1) Direct Labor by position or

individual, indicating the estimated

hours per position, the rate per hour,

estimated cost per staff position and the

total estimated direct labor costs;

(2) Fringe Benefits by staff position

identifying the rate, the salary base the

rate was computed on, estimated cost

per position, and the total estimated

fringe benefit cost;

(3) Material Costs indicating the item,

quantity, unit cost per item, estimated

cost per item, and the total estimated

material costs;

(4) Transportation Costs, as

applicable.

(5) Equipment charges, if any.

Equipment charges should identify the

type of equipment, quantity, unit costs

and total estimated equipment costs;

(6) Consultant Costs, if applicable.

Indicate the type, estimated number of

consultant days, rate per day, total

estimated consultant costs per

consultant and total estimated costs for

all consultants;

(7) Subcontract Costs, if applicable.

Indicate each individual subcontract

and amount;

(8) Other Direct Costs listed by item,

quantity, unit cost, total for each item

listed, and total other direct costs for the

award;

(9) Indirect Costs should identify the

type, approved indirect cost rate, base to

which the rate applies and total indirect

costs.
39690 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices

These line items should total the

amount requested for the TA program.

The grand total of all TA program funds

requested should reflect the grand total

of all funds for which application is

made.

(G) Certifications of Compliance with

the following:

(1) Section 3 of the Housing and

Urban Development Act of 1968;

(2) 24 CFR part 87 (New Restrictions

on Lobbying). Applicants must file the

certification regarding appropriated

funds, and if nonappropriated funds

have been spent on lobbying, the SF–

LLL;

(3) Applicant/Recipient Disclosure/

Update Report (this is form 2880).

(4) Fair Housing Act, Title VI of the

Civil Rights Act of 1964 or the Indian

Civil Rights Act as applicable, Section

504 of the Rehabilitation Act of 1973,

and the Age Discrimination Act of 1975.

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 7 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.

VI. Findings and Certifications

(A) Paperwork Reduction Act

Statement. The information collection

requirements contained in this NOFA

have been submitted to the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520). The OMB

approval number, once assigned, will be

published in the Federal Register. 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.

(B) Environmental Impact. A Finding

of No Significant Impact with respect to

the environment has been made in

accordance with HUD regulations at 24

CFR part 50, implementing section

102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332). The

Finding of No Significant Impact is

available for public inspection during

business hours in the Office of the Rules

Docket Clerk, Room 10276, Department

of Housing and Urban Development,

451 Seventh Street, SW, Washington,

DC 20410–0500.

(C) 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 NOFA will not have substantial

direct effects on States or their political

subdivisions, or the relationship

between the Federal Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. As a

result, the notice is not subject to review

under the Order. This notice is a

funding notice and does not

substantially alter the established roles

of HUD, the States, and local

governments.

(D) Prohibition Against Lobbying

Activities. Applicants for funding under

this NOFA are subject to the provisions

of section 319 of the Department of

Interior and Related Agencies

Appropriation Act for Fiscal Year 1991

(31 U.S.C. 1352) (the Byrd Amendment)

and to the provisions of the Lobbying

Disclosure Act of 1995 (Pub. L. 104–65;

approved December 19, 1995).

The Byrd Amendment, which is

implemented in regulations at 24 CFR

part 87, prohibits applicants for Federal

contracts and grants from using

appropriated funds to attempt to

influence Federal executive or

legislative officers or employees in

connection with obtaining such

assistance, or with its extension,

continuation, renewal, amendment, or

modification. The Byrd Amendment

applies to the funds that are the subject

of this NOFA. Therefore, applicants

must file a certification stating that they

have not made and will not make any

prohibited payments and, if any

payments or agreement to make

payments of nonappropriated funds for

these purposes have been made, a form

SF–LLL disclosing such payments must

be submitted.

Housing entities 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 housing entities established under

State law are not excluded from the

statute’s coverage.

(E) 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 (HUD

Reform Act) and the regulations 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. HUD will comply with the

documentation, public access, and

disclosure requirements of section 102

with regard to the assistance awarded

under this NOFA, as follows:

(1) Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this NOFA are sufficient to

indicate the basis upon which

assistance was provided or denied. This

material, including any letters of

support, will be made available for

public inspection for a 5-year period

beginning not less than 30 days after the

award of the assistance. Material will be

made available in accordance with the

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

552) and HUD’s implementing

regulations at 24 CFR part 15. In

addition, HUD will include the

recipients of assistance pursuant to this

NOFA in its Federal Register notice of

all recipients of HUD assistance

awarded on a competitive basis.

(2) Disclosures. HUD will make

available to the public for 5 years all

applicant disclosure reports (HUD Form

2880) submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than 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 15.

(F) Section 103—HUD Reform Act.

HUD will comply with section 103 of

the Department of Housing and Urban

Development Reform Act of 1989 and

HUD’s implementing regulations in

subpart B of 24 CFR part 4 with regard

to the funding competition announced

today. These requirements continue to

apply until the announcement of the

selection of successful applicants. HUD

employees involved in the review of
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 / Notices 39691

applications and in the making of

funding decisions are limited by section

103 from providing advance information

to any person (other than an authorized

employee of HUD) concerning funding

decisions, or from otherwise giving any

applicant an unfair competitive

advantage. Persons who apply for

assistance in this competition should

confine their inquiries to the subject

areas permitted under section 103 and

subpart B of 24 CFR part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Office of Ethics (202) 708–

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

Dated: July 20, 1998.

Deborah Vincent,

General Deputy Assistant Secretary for Public

and Indian Housing.

[FR Doc. 98–19676 Filed 7–20–98; 2:24 pm]

BILLING CODE 4210–33–P