[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19505-19509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9742]


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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.

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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 set-aside 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, <greek-i>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.

[[Page 19506]]

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 e-mail, <a href="/cdn-cgi/l/email-protection#663513150f03482e0714140f1526110205481315020748010910"><span class="__cf_email__" data-cfemail="7d2e080e141853351c0f0f140e3d0a191e53080e191c531a120b">[email protected]</span></a>.

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           1,904,373
 Programs..................................................
------------------------------------------------------------------------

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

[[Page 19507]]

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
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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 on-going 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 multi-family 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

[[Page 19508]]

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 low-income housing tax credits 
authorized under section 42 of the Internal Revenue Code of 1986. To be 
eligible for this set-aside, 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).

[[Page 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


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