Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19505 

certification services must be sent to the 

USDA contact listed above. 

Applications from candidates of higher 

education, research institutions, and 

501(c)(3) organizations must be sent to 

the DOL contact listed above. 

Member Selection 

The requested applications will assist 

U.S. Government agencies in making 

appointments to the Consultative 

Group. Other qualified individuals may 

be considered in addition to those who 

submit applications in response to this 

notice. 

Signed at Washington, DC, on April 17, 

2009. 

Patricia R Sheikh, 

Acting Administrator, Foreign Agricultural 

Service. 

[FR Doc. E9–9727 Filed 4–28–09; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

Notice of Funding Availability (NOFA) 

for the Section 515 Rural Rental 

Housing Program for New 

Construction in Fiscal Year 2009 

AGENCY: Rural Housing Service (RHS), 

USDA. 

ACTION: Notice. 

SUMMARY: This NOFA announces the 

timeframe to submit initial applications 

for Section 515 Rural Rental Housing 

(RRH) loan funds, including 

applications for the nonprofit set-aside 

for eligible nonprofit entities, the setaside for the most Underserved Counties 

and Colonias (Cranston-Gonzalez 

National Affordable Housing Act), and 

the set-aside for Empowerment Zones 

and Enterprise Communities (EZ/ECs) 

and Rural Economic Area Partnership 

(REAP) zones, and a designated reserve 

for States with rental assistance 

programs. This document describes the 

methodology that will be used to 

distribute funds, the application 

process, submission requirements, and 

areas of special emphasis or 

consideration. 

DATES: The deadline for receipt of all 

applications in response to this NOFA 

is 5 p.m., local time for each United 

States Department of Agriculture 

(USDA) Rural Development State Office 

on June 29, 2009. The initial application 

closing deadline is firm as to date and 

hour. USDA Rural Development will not 

consider any initial application that is 

received after the closing deadline. 

Applicants intending to mail initial 

applications must provide sufficient 

time to permit delivery on or before the 

closing deadline date and time. 

Acceptance by the United States Postal 

Service or private mailer does not 

constitute delivery. Facsimile (FAX) and 

postage due applications will not be 

accepted. 

ADDRESSES: Applicants wishing to apply 

for assistance must contact the USDA 

Rural Development State Office serving 

the place in which they desire to submit 

an application for rural rental housing 

to receive further information and 

copies of the initial application package. 

USDA Rural Development will date and 

time stamp incoming applications to 

evidence timely receipt, and, upon 

request, will provide the applicant with 

a written acknowledgment of receipt. A 

listing of USDA Rural Development 

State Offices, their addresses, telephone 

numbers, and person to contact follows: 

Note: Telephone numbers listed are not 

toll-free. 

Alabama State Office, Suite 601, 

Sterling Centre, 4121 Carmichael 

Road, Montgomery, AL 36106–3683, 

(334) 279–3618, TDD (334) 279–3495, 

Van McCloud. 

Alaska State Office, 800 West Evergreen, 

Suite 201, Palmer, AK 99645, (907) 

761–7740, TDD (907) 761–8905, 

Deborah Davis. 

Arizona State Office, Phoenix 

Courthouse and Federal Building, 230 

North First Ave., Suite 206, Phoenix, 

AZ 85003–1706, (602) 280–8768, TDD 

(602) 280–8706, Carol Torres. 

Arkansas State Office, 700 W. Capitol 

Ave., Room 3416, Little Rock, AR 

72201–3225, (501) 301–3250, TDD 

(501) 301–3063, Greg Kemper. 

California State Office, 430 G Street, 

#4169, Davis, CA 95616–4169, (530) 

792–5821, TDD (530) 792–5848, Debra 

Moretton. 

Colorado State Office, 655 Parfet Street, 

Room E100, Lakewood, CO 80215, 

(720) 544–2923, TDD (800) 659–2656, 

Mary Summerfield. 

Connecticut, Served by Massachusetts 

State Office. 

Delaware and Maryland State Office, 

1221 College Park Drive, Suite 200, 

Dover, DE 19904, (302) 857–3615, 

TDD (302) 857–3585, Pat Baker. 

Florida & Virgin Islands State Office, 

4440 N.W. 25th Place, Gainesville, FL 

32606–6563, (352) 338–3465, TDD 

(352) 338–3499, Elizabeth M. 

Whitaker. 

Georgia State Office, Stephens Federal 

Building, 355 E. Hancock Avenue, 

Athens, GA 30601–2768, (706) 546– 

2164, TDD (706) 546–2034, Wayne 

Rogers. 

Hawaii State Office, (Services all 

Hawaii, American Samoa, Guam, and 

Western Pacific), Room 311, Federal 

Building, 154 Waianuenue Avenue, 

Hilo, HI 96720, (808) 933–8305, TDD 

(808) 933–8321, Donald Estes. 

Idaho State Office, Suite A1, 9173 West 

Barnes Dr., Boise, ID 83709, (208) 

378–5630, TDD (208) 378–5644, 

Miriam Haylett. 

Illinois State Office, 2118 West Park 

Court, Suite A, Champaign, IL 61821– 

2986, (217) 403–6222, TDD (217) 403– 

6240, Barry L. Ramsey. 

Indiana State Office, 5975 Lakeside 

Boulevard, Indianapolis, IN 46278, 

(317) 290–3100 (ext. 423), TDD (317) 

290–3343, Stephen Dye. 

Iowa State Office, 210 Walnut Street 

Room 873, Des Moines, IA 50309, 

(515) 284–4493, TDD (515) 284–4858, 

Heather Honkomp. 

Kansas State Office, 1303 SW First 

American Place, Suite 100, Topeka, 

KS 66604–4040, (785) 271–2721, TDD 

(785) 271–2767, Virginia M. 

Hammersmith. 

Kentucky State Office, 771 Corporate 

Drive, Suite 200, Lexington, KY 

40503, (859) 224–7325, TDD (859) 

224–7422, Paul Higgins. 

Louisiana State Office, 3727 

Government Street, Alexandria, LA 

71302, (318) 473–7962, TDD (318) 

473–7655, Yvonne R. Emerson. 

Maine State Office, 967 Illinois Ave., 

Suite 4, PO Box 405, Bangor, ME 

04402–0405, (207) 990–9110, TDD 

(207) 942–7331, Bob Nadeau. 

Maryland, Served by Delaware State 

Office. 

Massachusetts, Connecticut, & Rhode 

Island State Office, 451 West Street, 

Amherst, MA 01002, (413) 253–4333, 

TDD (413) 253–4590, Arlene Nunes. 

Michigan State Office, 3001 Coolidge 

Road, Suite 200, East Lansing, MI 

48823, (517) 324–5192, TDD (517) 

337–6795, Julie Putnam. 

Minnesota State Office, 375 Jackson 

Street Building, Suite 410, St. Paul, 

MN 55101–1853, (651) 602–7812, 

TDD (651) 602–7830, Nancy Schmidt. 

Mississippi State Office, Federal 

Building, Suite 831, 100 W. Capitol 

Street, Jackson, MS 39269, (601) 965– 

4325, TDD (601) 965–5850, Darnella 

Smith-Murray. 

Missouri State Office, 601 Business 

Loop 70 West, Parkade Center, Suite 

235, Columbia, MO 65203, (573) 876– 

0990, TDD (573) 876–9480, Colleen 

James. 

Montana State Office, 900 Technology 

Blvd. Suite B, Bozeman, MT 59718, 

(406) 585–2515, TDD (406) 585–2562, 

Deborah Chorlton. 

Nebraska State Office, Federal Building, 

Room 152, 100 Centennial Mall N, 

Lincoln, NE 68508, (402) 437–5734, 

TDD (402) 437–5093, Linda Anders. 


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Nevada State Office, 1390 South Curry 

Street, Carson City, NV 89703–5146, 

(775) 887–1222 (ext. 25), TDD (775) 

885–0633, Angilla Denton. 

New Hampshire State Office, Concord 

Center, Suite 218, Box 317, 10 Ferry 

Street, Concord, NH 03301–5004, 

(603) 223–6050, TDD (603) 229–0536, 

Robert McCarthy. 

New Jersey State Office, 5th Floor North 

Suite 500, 8000 Midlantic Dr., Mt. 

Laurel, NJ 08054, (856) 787–7740, 

TDD (856) 787–7784, George Hyatt, Jr. 

New Mexico State Office, 6200 Jefferson 

St., NE, Room 255, Albuquerque, NM 

87109, (505) 761–4944, TDD (505) 

761–4938, Susan Ellzey. 

New York State Office, The Galleries of 

Syracuse, 441 S. Salina Street, Suite 

357 5th Floor, Syracuse, NY 13202, 

(315) 477–6419, TDD (315) 477–6447, 

George N. Von Pless. 

North Carolina State Office, 4405 Bland 

Road, Suite 260, Raleigh, NC 27609, 

(919) 873–2066, TDD (919) 873–2003, 

Beverly Casey. 

North Dakota State Office, Federal 

Building, Room 208, 220 East Rosser, 

PO Box 1737, Bismarck, ND 58502, 

(701) 530–2049, TDD (701) 530–2113, 

Kathy Lake. 

Ohio State Office, Federal Building, 

Room 507, 200 North High Street, 

Columbus, OH 43215–2477, (614) 

255–2409, TDD (614) 255–2554, Cathy 

Simmons. 

Oklahoma State Office, 100 USDA, Suite 

108, Stillwater, OK 74074–2654, (405) 

742–1070, TDD (405) 742–1007, Ivan 

S. Graves. 

Oregon State Office, 1201 NE Lloyd 

Blv., Suite 801, Portland, OR 97232, 

(503) 414–3325, TDD (503) 414–3387, 

Sherryl Gleason. 

Pennsylvania State Office, One Credit 

Union Place, Suite 330, Harrisburg, 

PA 17110–2996, (717) 237–2281, TDD 

(717) 237–2261, Martha Eberhart. 

Puerto Rico State Office, 654 Munoz 

Rivera Avenue, IBM Plaza, Suite 601, 

Hato Rey, PR 00918, (787) 766–5095 

(ext. 249), TDD (787) 766–5332, 

Lourdes Colon. 

Rhode Island, Served by Massachusetts 

State Office. 

South Carolina State Office, Strom 

Thurmond Federal Building, 1835 

Assembly Street, Room 1007, 

Columbia, SC 29201, (803) 253–3432, 

TDD (803) 765–5697, Larry D. Floyd. 

South Dakota State Office, Federal 

Building, Room 210, 200 Fourth 

Street, SW., Huron, SD 57350, (605) 

352–1132, TDD (605) 352–1147, Roger 

Hazuka or Pam Reilly. 

Tennessee State Office, Suite 300, 3322 

West End Avenue, Nashville, TN 

37203–1084, (615) 783–1375, TDD 

(615) 783–1397, Don Harris. 

Texas State Office, Federal Building, 

Suite 102, 101 South Main, Temple, 

TX 76501, (254) 742–9765, TDD (254) 

742–9712, Scooter Brockette. 

Utah State Office, Wallace F. Bennett 

Federal Building, 125 S. State Street, 

Room 4311, Salt Lake City, UT 

84147–0350, (801) 524–4325, TDD 

(801) 524–3309, Janice Kocher. 

Vermont State Office, City Center, 3rd 

Floor, 89 Main Street, Montpelier, VT 

05602, (802) 828–6021, TDD (802) 

223–6365, Heidi Setien. 

Virgin Islands, Served by Florida State 

Office. 

Virginia State Office, Culpeper Building, 

Suite 238, 1606 Santa Rosa Road, 

Richmond, VA 23229, (804) 287– 

1596, TDD (804) 287–1753, CJ 

Michels. 

Washington State Office, 1835 Black 

Lake Blvd., Suite B, Olympia, WA 

98512, (360) 704–7730, TDD (360) 

704–7760, Robert Lund. 

Western Pacific Territories, Served by 

Hawaii State Office. 

West Virginia State Office, Federal 

Building, 75 High Street, Room 320, 

Morgantown, WV 26505–7500, (304) 

284–4872, TDD (304) 284–4836, 

David Cain. 

Wisconsin State Office, 4949 Kirschling 

Court, Stevens Point, WI 54481, (715) 

345–7676, TDD (715) 345–7614, 

Cheryl Halverson. 

Wyoming State Office, PO Box 11005, 

Casper, WY 82602, (307) 233–6715, 

TDD (307) 233–6733, Alan Brooks. 

FOR FURTHER INFORMATION CONTACT: For 

general information, applicants may 

contact Sue Harris-Green, Deputy 

Director, Multi-Family Housing 

Preservation and Direct Loan Division, 

Rural Housing Service, United States 

Department of Agriculture, Stop 0781, 

1400 Independence Avenue, SW., 

Washington, DC 20250, telephone (202) 

720–1660 (voice) (this is not a toll free 

number), (800) 877–8339 (TDD–Federal 

Information Relay Service), or via email, Susie.Harris@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Programs Affected 

The RRH program is listed in the 

Catalog of Federal Domestic Assistance 

under Number 10.415, Rural Rental 

Housing Loans. Rental Assistance is 

listed in the Catalog under Number 

10.427, Rural Rental Assistance 

Payments. 

Discussion of Notice 

I. Authority and Distribution 

Methodology 

A. Authority 

Section 515 of the Housing Act of 

1949, as amended, (42 U.S.C. 1485) 

provides USDA Rural Development 

with the authority to make loans to any 

individual, corporation, association, 

trust, Indian tribe, public or private 

nonprofit organization, which may 

include a faith-based or community 

organization, consumer cooperative, or 

partnership to provide rental or 

cooperative housing and related 

facilities in rural areas for very-low, 

low, or moderate income persons or 

families, including elderly persons and 

persons with disabilities. Rental 

assistance (RA) is a tenant subsidy for 

very-low and low-income families 

residing in rural rental housing facilities 

with USDA Rural Development 

financing. It is anticipated that RA will 

not be available for new construction in 

Fiscal Year (FY) 2009. 

B. Distribution Methodology 

The total amount available for FY 

2009 for section 515 is $69,511,661.80, 

of which $13,902,332 is available for 

new construction as follows: 

Non-Restricted .......................... $1,904,373 

Set-aside for nonprofits ............ 5,237,026 

Set-aside for Underserved 

Counties and Colonias .......... 2,856,560 

Set-aside EZ, EC, and REAP 

Zones .................................... 2,000,000 

Designated Reserve for States 

with Rental Assistance Programs .................................... 1,904,373 

C. Section 515 New Construction Funds 

For Fiscal Year 2009, the 

Administrator has determined that it 

would not be practical to allocate funds 

to States because of funding limitations; 

therefore, Section 515 new construction 

funds will be distributed to States based 

on a National competition, as follows: 

1. Applications will be divided by 

State. States will accept, review, score, 

and rank requests in accordance with 7 

CFR Section 3560.56. The scoring 

factors are: 

(a) The presence and extent of 

leveraged assistance for the units that 

will serve USDA Rural Development 

income-eligible tenants at basic rents as 

defined in 7 CFR 3560.11, comparable 

to those rents if USDA Rural 

Development provided full financing, 

computed as a percentage of the USDA 

Rural Development total development 

cost (TDC). Loan proposals that include 

leveraged/secondary funds which have 

been requested but have not yet been 


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committed will be processed as follows: 

The proposal will be scored based on 

the requested secondary funds, 

provided (1) the applicant includes 

evidence of a filed application for the 

funds; and (2) the funding date of the 

requested funds will permit processing 

of the loan request in the current 

funding cycle, or, if the applicant does 

not receive the requested funds, will 

permit processing of the next highest 

ranked proposal in the current year. 

Points will be awarded in accordance 

with the following table. Percentages 

will be rounded to the next higher 

whole number. (0 to 20 points) 

Percentage of leveraging Points 

75 or more ........................................ 20 

70–74 ................................................ 19 

65–69 ................................................ 18 

60–64 ................................................ 17 

55–59 ................................................ 16 

50–54 ................................................ 15 

45–49 ................................................ 14 

40–44 ................................................ 13 

35–39 ................................................ 12 

30–34 ................................................ 11 

25–29 ................................................ 10 

20–24 ................................................ 9 

15–19 ................................................ 8 

10–14 ................................................ 7 

5–9 .................................................... 6 

0–4 .................................................... 0 

(b) The units to be developed are in 

a colonia, tribal land, EZ, EC, or Rural 

Economic Area Partnership (REAP) 

community, or in a place identified in 

the State Consolidated Plan or State 

Needs Assessment as a high need 

community for multifamily housing. (20 

points) 

(c) Pursuant to 7 CFR Section 3560.56 

(c)(1)(iii), this year there will be a 

National Office initiative whereby 

preference points will be awarded to 

loan requests that meet the selection 

criteria as follows: in States where 

USDA Rural Development has an ongoing formal working relationship, 

agreement, or Memorandum of 

Understanding (MOU) with the State to 

provide State financial resources (State 

funds, State RA, HOME funds, 

Community Development Block Grant 

(CDBG) funds, or Low-Income Housing 

Tax Credits (LIHTC)) for USDA Rural 

Development proposals; or where the 

State provides preference or points to 

USDA Rural Development proposals in 

awarding such State resources, 20 

points will be provided to loan requests 

that include such State resources in an 

amount equal to at least 5 percent of the 

TDC. Native American Housing and Self 

Determination Act (NAHASDA) funds 

may be considered a State resource if 

the tribal plan for NAHASDA funds 

contains provisions for partnering with 

USDA Rural Development for multifamily housing. The applicant can 

contact its USDA Rural Development 

State office on whether a particular 

State falls into this initiative. 

(d) The loan request includes donated 

land meeting the provisions of 7 CFR 

Section 3560.56(c)(1)(iv). (5 points) 

(e) Pursuant to 7 CFR 

3560.56(c)(1)(iii), in an effort to 

implement USDA’s nationwide 

initiative to promote renewable energy 

and energy conservation, USDA Rural 

Development has adopted incentives for 

energy generation and energy 

conservation. Participation in these 

nationwide initiatives is voluntary, but 

is strongly encouraged. 

Energy Generation. Applicants will be 

awarded points if the proposal requires 

the installation of energy generation 

systems, which will be funded by a 

third party. The proposal must include 

an overview of the energy generation 

system being proposed. Evidence that 

an energy generation system has been 

funded by a third party and that it has 

a quantifiable positive impact on 

reducing energy consumption will be 

required. (10 points) 

Energy Conservation. Applicants will 

be awarded points to construct (or 

substantially rehabilitate) housing that 

earns the Energy Star label for new 

residential construction. Units earning 

the Energy Star label must be 

independently verified to meet 

guidelines for energy efficiency as set by 

the U.S. Environmental Protection 

Agency. All procedures used in 

verifying a unit for the Energy Star label 

must comply with national Home 

Energy Ratings System (HERS) 

guidelines. Energy Star guidelines for 

residential construction apply to homes 

that are three stories or less and single 

or low-rise multi-family residential 

buildings. 

The Applicant will include in the 

summary an explanation of how it plans 

to incorporate Energy Star. Construction 

plans pertaining to energy efficiency 

must be developed with, reviewed, and 

accepted by a HERS certified rater, the 

contractor, and the owner. Progress 

inspections must be made at appropriate 

times by a HERS certified rater to ensure 

that the housing is being constructed or 

rehabilitated according to Energy Star 

specifications. In order to receive final 

payment, applicants will be required to 

submit the appropriate rating reports 

from the HERS rater to USDA Rural 

Development as evidence that the 

housing has been constructed to meet 

the standards of Energy Star. In the 

event that housing does not meet Energy 

Star guidelines for new residential 

construction, USDA Rural Development 

shall, at its discretion, deduct 5 points 

from future funding proposals. For 

further information about Energy Star, 

see http://www.energystar.gov or call 

the following toll-free numbers: (888) 

782–7937 or (888) 588–9920 (TTY). (5 

points) 

(f) Pursuant to 7 CFR 

3560.56(c)(1)(iii), this year there will be 

a National Office initiative whereby 

points will be awarded if the property 

is constructed in a Presidentially 

declared disaster area. For further 

information on Presidentially declared 

disaster areas, see http:// 

www.rurdev.usda.gov/rd/disasters/. (10 

points) 

2. The National Office will rank all 

requests nationwide and distribute 

funds to States from any FY 2009 

appropriations to States in rank order, 

within funding limits. If insufficient 

funds remain for the next ranked 

proposal, USDA Rural Development 

will select the next ranked proposal that 

falls within the remaining levels. Point 

score ties will be handled in accordance 

with 7 CFR 3560.56(c)(2). 

D. Applications for New Construction 

RA 

For FY 2009, $2,030,000 is available 

for New Construction rural rental 

assistance. The market study for 

proposals must clearly demonstrate a 

need and demand for the units by 

prospective tenants at income levels 

that can support the proposed rents. The 

proposed units must offer amenities that 

are typical for the market area at rents 

that are comparable to conventional 

rents in the market for similar units. 

E. Set-asides 

Loan requests will be accepted for the 

following set-asides: 

1. Nonprofit set-aside. An amount of 

$5,237,026 has been set aside for 

nonprofit applicants as defined in 7 CFR 

Section 3560.11. All loan proposals 

must be in designated places in 

accordance with 7 CFR Section 3560.57. 

A State or jurisdiction may fund one 

proposal from this set-aside, which 

cannot exceed $1 million. A State could 

get additional funds from this set-aside 

if any funds remain after funding one 

proposal from each participating State. 

The National Office will inform the 

State offices if additional funds are 

available. If additional set-aside funds 

remain, each State’s second highest 

scoring proposal will be funded. This 

method will also be used if additional 

funds are available to fund more than 

one loan proposal per State where there 

are insufficient funds to fund a second 

or more proposal for each State. If there 

are insufficient funds to fund one loan 


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request from each participating State, 

selection will be determined nationally 

by point score on each State’s highest 

ranking proposal. This method will also 

be used if additional funds are available 

to fund more than 1 loan proposal per 

State where there are insufficient funds 

to fund a second or more proposal for 

each State. If there are any funds 

remaining, they will be handled in 

accordance with 42 U.S.C. 1485(w)(3). 

Funds from this set-aside will be 

available only to nonprofit entities, 

which may include a partnership that 

has as its general partner a nonprofit 

entity or the nonprofit entity’s for-profit 

subsidiary which will be receiving lowincome housing tax credits authorized 

under section 42 of the Internal Revenue 

Code of 1986. To be eligible for this setaside, the nonprofit entity must be an 

organization that: 

(a) Will own an interest in the project 

to be financed and will materially 

participate in the development and the 

operations of the project; 

(b) Is a private organization that has 

nonprofit, tax exempt status under 

section 501(c)(3) or section 501(c)(4) of 

the Internal Revenue Code of 1986; 

(c) Has among its purposes the 

planning, development, or management 

of low-income housing or community 

development projects; and 

(d) Is not affiliated with or controlled 

by a for-profit organization. 

2. Underserved counties and colonias 

set-aside. An amount of $2,856,560 has 

been set-aside for loan requests to 

develop units in the 100 most needy 

underserved counties or colonias as 

defined in section 509(f) of the Housing 

Act of 1949, as amended. 

3. EZ, EC, and REAP Set-aside. An 

amount of $2,000,000 has been set-aside 

to develop units in an EZ, EC, or REAP 

zone. Loan requests that are eligible for 

this set-aside are also eligible for regular 

Section 515 funds. Thus, requests for 

this set-aside exceed available funds, 

selection will be made in accordance 

with 7 CFR Section 3560.56(c) and 

ranking as described earlier in this 

NOFA. 

4. $1,904,373 is available nationwide 

in a reserve for States with viable State 

RA programs. In order to participate, 

States are to submit specific written 

information about the State RA program, 

i.e., a memorandum of understanding, 

documentation from the provider, etc., 

to the National Office. 

II. Funding Limits 

A. Individual loan requests may not 

exceed $1 million. This applies to 

regular section 515 funds and set-aside 

funds. The Administrator may make an 

exception to this limit in cases where a 

State’s average total development costs 

exceed the national average by 50 

percent or more. 

B. No State may receive more than 

20% of the total available for new 

construction, including set-aside funds. 

III. Rental Assistance (RA) 

In addition to the State Matching RA 

program as described in Section I.E. of 

this Notice and subject to its 

availability, new construction RA will 

be held in the National Office for use 

with section 515 Rural Rental Housing 

New Construction loans. In addition, 

preferential consideration for RA will be 

given to projects: (1) Where a subsidy 

for rent is provided from within the 

State jurisdiction; and (2) where the 

least amount of RA is needed to make 

the project feasible, calculated as a 

percentage. New construction RA may 

not be used in conjunction with a 

transfer or subsequent loan for repairs or 

rehabilitation, preservation purposes or 

for inventory property sales. 

IV. Application Process 

All initial applications for section 515 

new construction funds must be filed 

with the appropriate Rural Development 

State Office and must meet the 

requirements of 7 CFR 3560.56, as well 

as comply with the provisions of 

Section V. of this NOFA. Incomplete 

applications will not be reviewed and 

will be returned to the applicant. No 

application will be accepted after 5 

p.m., local time, on the application 

deadline previously mentioned unless 

that date and time is extended by a 

Notice published in the Federal 

Register. 

V. Application Submission 

Requirements 

A. Each application shall include the 

information, documentation, forms and 

exhibits required by 7 CFR 3560.56, as 

well as comply with the provisions of 

this NOFA. 

Information required in initial 

application package: 

I. To establish applicant eligibility: 

A. Form SF 424, Application for Federal 

Assistance. 

B. Form RD 400–4, Assurance Agreement. 

C. Form RD 410–9, Statement Required by 

the Privacy Act (for individuals only). 

D. Form HUD 2530, Previous Participation 

Certification. 

E. Current (within 6 months) financial 

statements with the following paragraph 

certified by someone with the legal authority 

to do so: 

‘‘I/we certify the above is a true and 

accurate reflection of my/our financial 

condition as of the date stated herein. This 

statement is given for the purpose of 

inducing the United States of America to 

make a loan or to enable the United States 

of America to make a determination of 

continued eligibility of the applicant for a 

loan as requested in the loan application of 

which this statement is a part.’’ 

F. Check for $28 from individual 

applicants and $40 from corporate applicants 

made out to United States Department of 

Agriculture. This will be used to pay for 

credit reports obtained by the USDA Rural 

Development. 

G. Statement signed by applicants that they 

will pay any cost overruns. 

H. Proposed limited partnership agreement 

and certificates of limited partners, if 

applicable. (USDA Rural Development 

requirements should be contained in one 

section of the agreement and their location 

identified by the applicants or their attorney 

in a cover sheet.) 

I. If a nonprofit organization: 

1. Tax-exempt ruling from the IRS 

designating them as a 501(c)(3) or 501(c)(4) 

organization. If the designation is pending, a 

copy of the designation request must be 

submitted. 

2. Purpose statement, including the 

provision of low income housing. 

3. Evidence of organization under State 

and local law, or copies of pending 

applications. 

4. List of Board of Directors. 

J. If a limited liability company, proposed 

operating agreement and the authorized agent 

who has the authority to complete the loan 

application and loan closing documents. 

K. If a trust, organizational documents and 

attorney opinion letter that the trust is 

validly formed and identifying the 

authorized representative to act on the trust’s 

behalf. 

II. To Establish Project Feasibility: 

A. Market feasibility documentation: Either 

a market study or a market survey, as 

appropriate. 

B. Type of project and structures proposed 

(total number of units by bedroom size, size 

of each unit type, size and type of other 

facilities). 

C. Schematic drawings: 

1. Site plan, including contour lines; 

2. Floor plan of each living unit type and 

other spaces, such as laundry facilities, 

community rooms, stairwells, etc.; 

3. Building exterior elevations; 

4. Typical building exterior wall section; 

and 

5. Plot plan. 

D. Description and justification of related 

facilities, schedule of separate charges for 

related facilities. Related facilities include 

community rooms that can be used by 

tenants and management at no additional 

charge to the tenants. 

E. Type and method of construction (owner 

builder, negotiated bid, or contractor 

method). 

F. Statement of estimated costs (Form RD 

1924–13, Estimate and Certificate of Actual 

Costs). 

G. Statement of proposed management. 

H. Congregate services package/plan (if 

applicable). 

I. Statement of support from other 

Government services providers to the project 

(congregate only). 


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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19509 

J. Response to the Uniform Relocation 

Assistance Act (if applicable). 

III. To Establish Project Financing: 

A. Statement of budget and cash flow 

(applicant completes Form RD 3560–7, 

Multiple Family Housing Project Budget/ 

Utility Allowance), including type of utilities 

and utility allowance, if applicable and 

contribution to reserves. 

B. Congregate services charges (if 

applicable). 

C. Status of efforts to obtain leveraged 

funds. 

D. Proposed construction financing 

(interim or multiple advance; if interim 

financing, letter of interest from intended 

lender). 

IV. Environmental and Site Information: 

A. Environmental information (applicant 

completes Form RD 1940–20, Request for 

Environmental Information). 

B. Evidence of compliance with Executive 

Order 12372 (A–95) (if applicable) Form SF 

424 is sent to a clearinghouse for 

intergovernmental review. 

C. Provide an American Society for Testing 

and Materials (ASTM) Phase I Environmental 

Site Assessment to cover environmental due 

diligence. The ASTM Phase I Environmental 

Site Assessment will be obtained from the 

company or person who performs the 

environmental site assessment. 

D. Map showing location of community 

services such as schools, hospitals, fire and 

police departments, shopping malls and 

employment centers. 

E. Evidence of submission of project 

description to State Housing Preservation 

Office with request for comments. 

F. The applicant’s comments regarding 

relevant offsite conditions. 

G. The applicant’s explanation of any 

proposed energy efficiency components. 

Forms to be included in initial application 

package may be found at the following links: 

1. Form SF 424, Application for Federal 

Assistance, which can be found online at 

http://apply07.grants.gov/apply/forms/ 

sample/SF424–V2.0.pdf; 

2. Form RD 1940–20, Request for 

Environmental Information, which can be 

found online at http://forms.sc.egov.usda.

gov/efcommon/eFileServices/Forms/RD1940– 

0020_060400V01.pdf; 

3. Form RD 3560–7, Multiple Family 

Housing Project Budget/Utility Allowance, 

which can be found online at https:// 

formsadmin.sc.egov.usda.gov/efcommon/ 

eFileServices/Forms/RD3560– 

0007_060500V01.pdf; 

4. Form HUD 2530, Previous Participation 

Certification, which can be found online at 

http://www.hud.gov/offices/adm/hudclips/ 

forms/files/2530.pdf 

5. Form RD 1924–13, Estimate and 

Certificate of Actual Costs, which can be 

found online at http://forms.sc.egov.

usda.gov/efcommon/eFileServices/Forms/ 

RD1924–0013.pdf; 

6. Form RD 400–4, Assurance Agreement, 

which can be found online at http:// 

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/Forms/RD0400–0004

_970300V01.pdf; 

7. Form RD 410–9, Statement Required by 

the Privacy Act (for individuals only), which 

can be found online at https://formsadmin

.sc.egov.usda.gov/efcommon/eFileServices/ 

Forms/RD0410–0009.pdf; 

Applicants are encouraged, but not 

required, to include a checklist and to 

have their applications indexed and 

tabbed to facilitate the review process. 

The Rural Development State office will 

base its determination of completeness 

of the application and the eligibility of 

each applicant on the information 

provided in the application. All 

applicants will receive a letter notifying 

them of their selection or rejection. 

Applicants that are selected will be 

given instructions on how to proceed, 

following the procedures established in 

7 CFR part 3560. Applicants that are 

rejected will be notified and given 

appeal rights under 7 CFR part 11. 

B. Applicants are advised to contact 

the Rural Development State office 

serving the place in which they desire 

to submit an application for the 

following: 

1. Questions pertaining to the 

application process; and 

2. List of designated places for which 

applications for new section 515 

facilities may be submitted. 

VI. Areas of Special Emphasis or 

Consideration 

Pursuant to 7 CFR 3560.56(c)(1)(iii), 

USDA Rural Development encourages 

the use of funding from other sources in 

conjunction with Rural Development 

loans through its national office 

initiative, outlined in Section I.C.1(c) of 

this Notice. 

VII. Non-Discrimination Statement 

U.S. Department of Agriculture 

prohibits discrimination in all its 

programs and activities on the basis of 

race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, parental status, religion, 

sexual orientation, genetic information, 

political beliefs, reprisal, or because all 

or part of an individual’s income is 

derived from any public assistance 

program. (Not all prohibited bases apply 

to all programs.) Persons with 

disabilities who require alternative 

means for communication of program 

information (Braille, large print, 

audiotape, etc.) should contact USDA’s 

Target Center at (202) 720–2600 (voice 

and TDD). To file a complaint of 

discrimination, write to USDA, Director, 

Office of Civil Rights, 1400 

Independence Avenue, SW., 

Washington, DC 20250–9410, or call 

(800) 795–3272 (voice), or (202) 720– 

6382 (TDD). ‘‘USDA is an equal 

opportunity provider, employer, and 

lender.’’ 

Dated: April 14, 2009. 

Thomas E. Hannah, 

Acting Administrator, Rural Housing Service. 

[FR Doc. E9–9742 Filed 4–28–09; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–FV–09–0018; FV09–996–1 N] 

Peanut Standards Board 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice; request for nominations. 

SUMMARY: The Farm Security and Rural 

Investment Act of 2002 requires the 

Secretary of Agriculture to establish a 

Peanut Standards Board (Board) for the 

purpose of advising the Secretary on 

quality and handling standards for 

domestically produced and imported 

peanuts. The initial Board was 

appointed by the Secretary and 

announced on December 5, 2002. USDA 

seeks nominations for individuals to be 

considered for selection as Board 

members for terms of office ending June 

30, 2011, and June 30, 2012. Selected 

nominees sought by this action would 

fill two currently vacant industry 

representative positions for the 

remainder of terms of office ending June 

30, 2011, and six producer and industry 

representatives who are currently 

serving for the term of office that ends 

June 30, 2009. The Board consists of 18 

members representing producers and 

industry representatives. 

DATES: Written nominations must be 

received on or before May 29, 2009. 

ADDRESSES: Nominations should be sent 

to Dawana J. Clark, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737: Telephone: (301) 734–5247; Fax: 

(301) 734–5275; e-mail: 

Dawana.Clark@usda.gov. 

SUPPLEMENTARY INFORMATION: Section 

1308 of the Farm Security and Rural 

Investment Act of 2002 (Farm Bill) 

requires the Secretary of Agriculture to 

establish a Peanut Standards Board 

(Board) for the purpose of advising the 

Secretary regarding the establishment of 

quality and handling standards for all 

domestic and imported peanuts 

marketed in the United States. The Farm 

Bill requires the Secretary to consult 

with the Board before the Secretary 

establishes or changes quality and 

handling standards for peanuts. 

The Farm Bill provides that the Board 

consist of 18 members, with three 


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