27600 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Housing—Federal Housing

Commissioner

[Docket No. N–95–3904; FR–3903–N–01]

Notice of Fund Availability (NOFA) for

Supportive Housing for Persons With

Disabilities

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Notice of fund availability for

Fiscal Year (FY) 1995.

SUMMARY: This NOFA announces HUD’s

funding for supportive housing for

persons with disabilities. This

document describes the following: (a)

The purpose of the NOFA and

information regarding eligibility,

submission requirements, available

amounts, and selection criteria; and (b)

application processing, including how

to apply and how selections will be

made.

APPLICATION PACKAGE: The Application

Package can be obtained from the

Multifamily Housing Clearinghouse,

P.O. Box 6424, Rockville, MD 20850,

telephone 1–800–685–8470; and from

the appropriate HUD Office identified in

appendix A to this NOFA. The

Application Package includes a

checklist of steps and exhibits involved

in the application process.

DATES: The deadline for receipt of

applications in response to this NOFA

is 4 p.m. local time on July 24, 1995.

The application deadline is firm as to

date and hour. In the interest of fairness

to all applicants, HUD will not consider

any application that is received after the

deadline. Sponsors should take this into

account and submit applications as

early as possible to avoid the risk of

unanticipated delays or delivery-related

problems. In particular, Sponsors

intending to mail applications must

provide sufficient time to permit

delivery on or before the deadline date.

Acceptance by a Post Office or private

mailer does not constitute delivery.

Facsimile (FAX), COD, and postage due

applications will not be accepted.

ADDRESSES: Applications must be

delivered to the Director of the

Multifamily Housing Division in the

HUD Office for your jurisdiction. A

listing of HUD Offices, their addresses,

and telephone numbers is attached as

appendix A to this NOFA. HUD will

date and time stamp incoming

applications to evidence timely receipt,

and upon request will provide the

applicant with an acknowledgement of

receipt.

FOR FURTHER INFORMATION CONTACT: The

HUD Office for your jurisdiction, as

listed in appendix A to this NOFA.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget (OMB), under

section 3504(h) of the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501–

3520), and assigned OMB Control

Number 2502–0267.

I. Purpose and Substantive Description

A. Authority

Section 811 of the Cranston-Gonzalez

National Affordable Housing Act (the

NAHA) (Pub. L. 101–625, approved

November 28, 1990), as amended by the

Housing and Community Development

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

102–550, approved October 28, 1992),

authorized a new supportive housing

program for persons with disabilities,

and replaced assistance for persons with

disabilities previously covered by

section 202 of the Housing Act of 1959

(section 202 continues, as amended by

section 801 of the NAHA, and HCD Act

of 1992, to authorize supportive housing

for the elderly). HUD provides the

assistance as capital advances and

contracts for project rental assistance in

accordance with 24 CFR part 890.

Capital advances may be used to finance

the construction, rehabilitation, or

acquisition with or without

rehabilitation, including acquisition

from the Resolution Trust Corporation

(RTC), of structures to be developed into

a variety of housing options ranging

from group homes and independent

living facilities, to dwelling units in

multifamily housing developments,

condominium housing, and cooperative

housing. Acquisition without

rehabilitation is permitted only for

group homes or properties acquired

from the RTC. This assistance may also

cover the cost of real property

acquisition, site improvement,

conversion, demolition, relocation, and

other expenses that the Secretary

determines are necessary to expand the

supply of supportive housing for

persons with disabilities.

For supportive housing for persons

with disabilities, the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1995

(Pub. L. 103–327, approved September

28, 1994) provides $387,000,000 for

capital advances for supportive housing

for persons with disabilities, as

authorized by section 811 of the NAHA,

and for project rental assistance, and

amendments to contracts for project

rental assistance, for supportive housing

for persons with disabilities, as

authorized by section 811 of the NAHA.

In accordance with an agreement

between HUD and the Administration

for Rural Housing and Economic

Development Services (ARHEDS)

(formerly the Farmers Home

Administration (FmHA)), which

facilitates the coordination between the

two agencies in administering their

respective rental assistance programs,

HUD is required to notify ARHEDS of

applications for housing assistance it

receives. This notification gives

ARHEDS the opportunity to comment if

it has concern about the demand for

additional assisted housing and possible

harm to existing projects in the same

housing market area. HUD will consider

the ARHEDS comments in its review

and project selection process.

B. Allocation Amounts

In accordance with 24 CFR part 791,

the Assistant Secretary will allocate the

amounts available for capital advances

for supportive housing for persons with

disabilities. HUD reserves project rental

assistance funds sufficient for 20-year

project rental assistance contracts in

support of the units selected for capital

advances, consistent with current

operating cost standards.

The allocation formula for Section

811 funds consists of the following two

data elements:

1. A measure of the number of

persons identified as having a public

transportation disability; and

2. A measure of the number of

persons identified as having a work

disability.

Due to the elimination of the 10 HUD

Regional Offices, the Section 811 capital

advance funds have been allocated,

based on the formula above, to 51 HUD

Offices as shown on the following chart:
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27601

FISCAL YEAR 1995 ALLOCATIONS FOR SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES

[Fiscal Year 1995 Section 811 Allocations]

Offices Capital advance

authority Units

New England:

Massachusetts ...................................................................................................................................................... $4,053,040 52

Connecticut ........................................................................................................................................................... 2,175,115 28

New Hampshire .................................................................................................................................................... 1,202,081 20

Rhode Island ......................................................................................................................................................... 1,157,571 15

Total .................................................................................................................................................................. 8,587,807 115

New York/New Jersey:

New York .............................................................................................................................................................. 12,284,104 158

Buffalo ................................................................................................................................................................... 2,926,426 43

New Jersey ........................................................................................................................................................... 5,985,522 77

Total .................................................................................................................................................................. 21,196,052 278

Mid-Atlantic:

Maryland ............................................................................................................................................................... 2,039,706 32

West Virginia ......................................................................................................................................................... 1,332,779 23

Pennsylvania ......................................................................................................................................................... 5,926,132 86

Pittsburgh .............................................................................................................................................................. 2,421,348 40

Virginia .................................................................................................................................................................. 2,107,107 40

DC ......................................................................................................................................................................... 2,160,322 33

Total .................................................................................................................................................................. 15,987,394 254

Southeast/Caribbean:

Georgia ................................................................................................................................................................. 3,452,517 68

Alabama ................................................................................................................................................................ 2,683,292 51

Caribbean ............................................................................................................................................................. 2,695,997 41

South Carolina ...................................................................................................................................................... 2,175,093 40

North Carolina ....................................................................................................................................................... 4,583,069 70

Mississippi ............................................................................................................................................................. 1,793,626 36

Jacksonville ........................................................................................................................................................... 8,103,682 143

Kentucky ............................................................................................................................................................... 2,353,307 42

Knoxville ................................................................................................................................................................ 1,222,748 24

Tennessee ............................................................................................................................................................ 1,507,819 30

Total .................................................................................................................................................................. 30,571,150 545

Midwest:

Illinois .................................................................................................................................................................... 7,742,486 107

Cincinnati .............................................................................................................................................................. 1,389,418 24

Cleveland .............................................................................................................................................................. 3,445,072 54

Ohio ...................................................................................................................................................................... 1,363,677 24

Michigan ................................................................................................................................................................ 4,268,202 67

Grand Rapids ........................................................................................................................................................ 1,056,716 19

Indiana .................................................................................................................................................................. 2,819,986 49

Wisconsin .............................................................................................................................................................. 2,222,256 35

Minnesota ............................................................................................................................................................. 1,886,433 28

Total .................................................................................................................................................................. 26,194,246 407

Southwest:

Texas/New Mexico ............................................................................................................................................... 4,033,221 77

Houston ................................................................................................................................................................. 2,361,150 44

Arkansas ............................................................................................................................................................... 1,452,576 31

Louisiana ............................................................................................................................................................... 2,497,047 49

Oklahoma .............................................................................................................................................................. 1,582,766 32

San Antonio .......................................................................................................................................................... 2,057,581 41

Total .................................................................................................................................................................. 13,984,341 274

Great Plains:

Iowa ...................................................................................................................................................................... 1,150,920 22

Kansas/Missouri .................................................................................................................................................... 2,012,074 37

Nebraska ............................................................................................................................................................... 779,167 15

St. Louis ................................................................................................................................................................ 1,927,154 31

Total .................................................................................................................................................................. 5,869,315 105

Rocky Mountains:

Colorado ............................................................................................................................................................... 2,629,947 46

Total .................................................................................................................................................................. 2,629,947 46

Pacific/Hawaii:

Hawaii (Guam) ...................................................................................................................................................... 1,752,779 15

Los Angeles .......................................................................................................................................................... 12,903,390 169
27602 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

FISCAL YEAR 1995 ALLOCATIONS FOR SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES—Continued

[Fiscal Year 1995 Section 811 Allocations]

Offices Capital advance

authority Units

Arizona .................................................................................................................................................................. 1,564,195 30

Sacramento ........................................................................................................................................................... 1,537,871 21

California ............................................................................................................................................................... 6,495,719 86

Total .................................................................................................................................................................. 24,253,954 321

Northwest/Alaska:

Alaska ................................................................................................................................................................... 1,752,779 15

Oregon .................................................................................................................................................................. 1,759,232 29

Washington ........................................................................................................................................................... 2,159,783 32

Total .................................................................................................................................................................. 5,671,794 76

National Total .................................................................................................................................................... 154,946,000 2,421

C. Eligibility

Nonprofit organizations are the only

eligible applicants under this program.

A single Sponsor shall not request more

units in a given HUD Office than

permitted for that HUD Office in the

Invitation.

D. Initial Screening, Technical

Processing, and Selection Criteria

1. Initial Screening

HUD will review applications for

section 811 capital advances that HUD

receives at the appropriate address by

4:00 p.m. local time on July 24, 1995 to

determine if all parts of the application

are included. HUD will not review the

content of the application as part of

initial screening. HUD will send

deficiency letters, by certified mail,

informing Sponsors of any missing parts

of the application. Sponsors must

correct such deficiencies within 14

calendar days from the date of the

deficiency letter. Any document

requested as a result of the initial

screening may be executed or prepared

within the deficiency period, except for

Forms HUD–92016–CAs, Articles of

Incorporation, IRS exemption rulings,

Forms SF–424, Board Resolution

committing the minimum capital

investment, and site control documents

(all of these excepted items must be

dated no later than the application

deadline date).

Note: SPONSORS OF PROJECTS IN

OKLAHOMA MAY SUBMIT THE

SUPPORTIVE SERVICES CERTIFICATION

AND THE CERTIFICATION OF

CONSISTENCY WITH THE CONSOLIDATED

PLAN AFTER THE APPLICATION

DEADLINE BUT NO LATER THAN AUGUST

25, 1995. If these are the only deficiencies

discovered during initial screening, affected

Sponsors will not receive a deficiency letter.

2. Technical Processing

All applications will be placed in

technical processing upon receipt of the

response to the deficiency letter or at

the end of the 14-day period. All

applications will undergo a complete

analysis. If a reviewer finds that

clarification is needed to complete the

review or an exhibit is missing that was

not requested after initial screening, the

reviewer shall immediately advise the

Multifamily Housing Representative,

who will: (a) Request, by telephone, that

the Sponsor submit the information

within five (5) working days; and (b)

follow up by certified letter.

Communications must be attached to

the technical review and findings

memorandum. As part of this analysis,

HUD will conduct its environmental

review in accordance with 24 CFR part

50 only on those applications

containing satisfactory evidence of site

control.

Examples of reasons for technical

processing rejection include an

ineligible Sponsor, ineligible population

to be served, lack of legal capacity, or

a Supportive Services Certification on

which the appropriate State or local

agency indicated that the provision of

services is not well-designed to meet the

needs of persons with disabilities, or

that the Sponsor did not demonstrate

sufficiently that supportive services will

be provided on a consistent, long-term

basis. The Secretary will not reject an

application based on technical

processing without giving notice of that

rejection with all rejection reasons and

affording the applicant an opportunity

to appeal. HUD will afford an applicant

14 calendar days from the date of HUD’s

written notice to appeal a technical

rejection to the HUD Office. The HUD

Office must respond within five

working days to the Sponsor. The HUD

Office shall make a determination on an

appeal prior to making its selection

recommendations. All applications will

be either rated or technically rejected at

the end of technical processing.

Technical processing will also assure

that the Sponsor has complied with the

requirements in the civil rights

certification (24 CFR 890.265(b)(9)(i)).

There must not have been an

adjudication of a civil rights violation in

a civil action brought against the

Sponsor by a private individual, unless

the Sponsor is operating in compliance

with a court order, or implementing a

HUD-approved compliance agreement

designed to correct the areas of

noncompliance. There must be no

pending civil rights suits against the

Sponsor instituted by the Department of

Justice, and no pending administrative

actions for civil rights violations

instituted by HUD (including a charge of

discrimination under the Fair Housing

Act). There must be no outstanding

findings of noncompliance with civil

rights statutes, Executive Orders, or

regulations, as a result of formal

administrative proceedings, nor any

charges issued by the Secretary against

the Sponsor under the Fair Housing Act,

unless the Sponsor is operating under a

conciliation or compliance agreement

designed to correct the areas of

noncompliance. Moreover, there must

not be a deferral of the processing of

applications from the Sponsor imposed

by HUD under Title VI of the Civil

Rights Act of 1964, HUD’s

implementing regulations (24 CFR 1.8),

procedures (HUD Handbook 8040.1),

and the Attorney General’s Guidelines

(28 CFR 50.3); or under section 504 of

the Rehabilitation Act of 1973 and

HUD’s implementing regulations (24

CFR 8.57), and the Americans with

Disabilities Act.

Upon completion of technical

processing, all acceptable applications

will be rated according to the selection
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27603

criteria in 24 CFR 890.300(d) (also

below in section I.D.3. of this NOFA).

Applications that have a total score of

50 points or more will be eligible for

selection and will be placed in rank

order. These applications will be

selected based on rank order to and

including the last application that can

be funded out of the local HUD Office’s

allocation. Local HUD Offices will no

longer skip over any applications in

order to select one based on the funds

remaining. Any funds remaining after

this process has been completed will be

returned to Headquarters for selecting

applications based on a national rank

order.

3. Selection Criteria

Applications for Section 811 capital

advances that successfully complete

technical processing will be rated using

the following selection criteria:

(a) The Sponsor’s ability to develop

and operate the proposed housing on a

long-term basis, considering the

following (70 points maximum—60 base

points plus 10 bonus points):

(1) The scope, extent, and quality of

the Sponsor’s experience in providing

housing or related services to those

proposed to be served by the project and

the scope of the proposed project (i.e.,

number of units, services, relocation

costs, development, and operation) in

relationship to the Sponsor’s

demonstrated development and

management capacity.(32 points);

(2) The scope, extent, and quality of

the Sponsor’s experience in providing

housing or related services to minority

persons or families (8 points);

(3) The scope, extent, and quality of

the Sponsor’s experience in providing

opportunities for minority- and womenowned business enterprises

participation (5 points);

(4) Applications submitted by

Sponsors whose boards are comprised

of at least 51 percent persons with

disabilities (5 bonus points);

(5) The extent of local community

support for the project and for the

Sponsor’s activities, including previous

experience in serving the area where the

project is to be located, and the

Sponsor’s demonstrated ability to enlist

volunteers and raise local funds (15

points); and

(6) The Sponsor’s involvement of

persons with disabilities (including

minority persons with disabilities) in

the development of the application, and

its intent to involve persons with

disabilities (including minority persons

with disabilities) in the development of

the project (5 bonus points).

(b) The need for supportive housing

for persons with disabilities in the area

to be served, the extent to which the

Sponsor has site control, suitability of

the site, and the design of the project,

considering (50 points maximum—40

base points plus 10 bonus points):

(1) The extent of the need for the

project in the area based on a

determination by the HUD Office. This

determination will be made by

considering the Sponsor’s evidence of

need in the area based on the guidelines

in § 890.265(b)(18), as well as other

economic, demographic, and housing

market data available to the HUD Office.

The data could include the availability

of existing Federally assisted housing

(HUD and ARHEDS) for persons with

disabilities and current occupancy in

such facilities, Federally assisted

housing for persons with disabilities

under construction or for which fund

reservations have been issued, and, in

accordance with an agreement between

HUD and ARHEDS, comments from

ARHEDS on the demand for additional

assisted housing and the possible harm

to existing projects in the same housing

market area (8 points);

(2) Applications containing

acceptable evidence of control of an

approvable site (10 bonus points);

(3) The proximity or accessibility of

the site to shopping, medical facilities,

transportation, places of worship,

recreational facilities, places of

employment, and other necessary

services to the intended occupants;

adequacy of utilities and streets, and

freedom of the site from adverse

environmental conditions (site control

projects only); and compliance with the

site and neighborhood standards (15

points);

(4) Suitability of the site from the

standpoint of promoting a greater choice

of housing opportunities for minority

persons with disabilities (7 points); and

(5) The extent to which the proposed

design will meet any special needs of

persons with disabilities the housing is

intended to serve and will accommodate

the provision of any necessary on-site

supportive services for the proposed

residents (10 points).

(c) The project will be located within

the boundaries of a Federally-designated

Empowerment Zone, Urban

Supplemental Empowerment Zone,

Enterprise Community, or Urban

Enhanced Enterprise Community (5

bonus points).

The maximum number of points an

application can earn without bonus

points is 100. An application can earn

an additional 25 bonus points for a

maximum total of 125 points.

II. Application Process

All applications for Section 811

capital advances submitted by eligible

Sponsors must be filed with the

appropriate HUD Office receiving an

allocation and must meet the

requirements of this NOFA. No

application will be accepted after 4 p.m.

local time on July 24, 1995, unless that

date and time is extended by a Notice

published in the Federal Register. HUD

will not accept applications received

after that date and time, even if

postmarked by the deadline date.

Applications submitted by facsimile are

not acceptable.

Immediately upon publication of this

NOFA, if names have not already been

provided to the Multifamily Housing

Clearinghouse, HUD Offices shall notify

minority media and media for persons

with disabilities, all persons and

organizations on their mailing lists,

minority and other organizations within

their jurisdiction involved in housing

and community development, and

groups with special interest in housing

for disabled households.

Organizations interested in applying

for a Section 811 capital advance should

contact the Multifamily Housing

Clearinghouse at 1–800–685–8470 for a

copy of the Application Package, and

advise the appropriate HUD Office if

they wish to attend the workshop

described below. HUD encourages

minority organizations to participate in

this program as Sponsors. HUD Offices

will advise all organizations on their

mailing list of the date, time, and place

of workshops at which HUD will

explain the Section 811 program.

HUD strongly recommends that

prospective applicants attend the local

HUD Office workshop. Interested

persons with disabilities should contact

the HUD Office to assure that any

necessary arrangements can be made to

enable their attendance and

participation in the workshop. While

strongly urged to do so, if Sponsors

cannot attend a workshop, Application

Packages can also be obtained from the

Multifamily Housing Clearinghouse (see

address and telephone number in the

‘‘Application Package’’ section, above).

However, Sponsors must contact the

appropriate HUD Office with any

questions regarding the submission of

applications and for any additional

application requirements. At the

workshops, HUD will distribute

Application Packages and will explain

application procedures and

requirements. Also, HUD will address

concerns such as local market

conditions, building codes, historic

preservation, floodplain management,
27604 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

displacement and relocation, zoning,

and housing costs.

III. Application Submission

Requirements

A. Application

Each application shall include all of

the information, materials, forms, and

exhibits listed in section III.B., below, of

this NOFA (with the exception of

applications submitted by Sponsors

selected for a Section 811 fund

reservation within the last three funding

cycles), and must be indexed and

tabbed. Previously selected Section 811

Sponsors are not required to submit the

information described in B.2. (a), (b),

and (c), below, of this NOFA (Exhibits

2.a., b., and c. of the application), which

are the articles of incorporation (or other

organizational documents), by-laws, and

the IRS tax exemption, respectively. If

there has been a change in any of the

eligibility documents since its previous

HUD approval, the Sponsor must submit

the updated information in its

application. The HUD Office will base

its determination of the eligibility of a

new Sponsor for a reservation of Section

811 capital advance funds on the

information provided in the application.

HUD Offices will verify a Sponsor’s

indication of previous HUD approval by

checking the project number and

approval status with the appropriate

HUD Office. In addition to this relief of

paperwork burden in preparing

applications, applicants will be able to

use information and exhibits previously

prepared for prior applications under

Section 811, Section 202, or other

funding programs. Examples of exhibits

that may be readily adapted or amended

to decrease the burden of application

preparation include, among others,

those on previous participation in the

Section 202 or Section 811 programs;

applicant experience in the provision of

housing and services; supportive

services plan; community ties; and

experience serving minorities.

B. General Application Requirements

1. Form HUD–92016–CA, Application

for Section 811 Supportive Housing

Capital Advance.

Note: A SPONSOR MAY APPLY FOR A

SCATTERED SITE PROJECT PROVIDED

EACH SITE CONTAINS THE SAME

FACILITY TYPE (E.G., GROUP HOME,

INDEPENDENT LIVING FACILITY,

CONDOMINIUM UNIT). IF THE SPONSOR

PROPOSES A MIX OF FACILITY TYPES, IT

MUST SUBMIT ONE APPLICATION PER

FACILITY TYPE.

2. Evidence of each Sponsor’s legal

status as a nonprofit organization,

including the following:

(a) Articles of Incorporation,

constitution, or other organizational

documents;

(b) By-laws;

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

exemption ruling (this must be

submitted by all Sponsors, including

churches). Previously, nonprofit

organizations in Puerto Rico were

exempt from this requirement provided

they were exempt from income taxation

under Puerto Rico law, have never been

liable for payment of Federal income

taxes, and do not pay patronage

dividends. HUD has learned, however,

that nonprofit organizations in Puerto

Rico may apply and be granted IRS

section 501(c)(3) tax exemption rulings.

This requirement also applies to

nonprofit organizations in Guam.

Therefore, to the extent permitted

within the application period for this

NOFA, Sponsors should pursue a tax

exemption ruling under 501(c)(3). If a

Sponsor is unable, after using its best

efforts, to secure such a ruling, it may

use the regulatory exemption described

in this paragraph (c), above.

Note: SPONSORS WHO HAVE RECEIVED

A SECTION 811 FUND RESERVATION

WITHIN THE LAST THREE FUNDING

CYCLES ARE NOT REQUIRED TO SUBMIT

THE DOCUMENTS DESCRIBED IN (a), (b),

and (c), ABOVE. INSTEAD, SPONSORS

MUST SUBMIT THE PROJECT NUMBER OF

THE LATEST APPLICATION SUBMITTED

AND THE HUD OFFICE TO WHICH IT WAS

SUBMITTED. IF THERE HAVE BEEN ANY

MODIFICATIONS OR ADDITIONS TO THE

SUBJECT DOCUMENTS, INDICATE SUCH,

AND SUBMIT THE NEW MATERIAL.

(d) Resolution of the board, duly

certified by an officer, that no officer or

director of the Sponsor or Owner has or

will have any financial interest in any

contract with the Owner or in any firm

or corporation that has or will have a

contract with the Owner and that

includes a current listing of all duly

qualified and sitting officers and

directors by title and the ending date of

each person’s term.

(e) The number of people on the

Sponsor’s board and the number of

those people who have a disability.

3. Sponsor’s purpose, community ties,

and experience, including the following:

(a) Description of Sponsor’s purpose

and current activities;

(b) Description of Sponsor’s ties to the

community at large and to the disabled

community in particular;

(c) Description of Sponsor’s housing

and/or supportive services experience.

The description should include any

rental housing projects and/or medical

facilities sponsored, owned, and

operated by the Sponsor, the Sponsor’s

past or current involvement in any

programs other than housing that

demonstrates the Sponsor’s

management capabilities and

experience, and the Sponsor’s

experience in serving persons with

disabilities and minorities.

(d) Description of Sponsor’s

experience in contracting with minorityand women-owned businesses,

including a summary of the total

amount awarded in each of the two

categories for the preceding three years,

and the percentage that amount

represents of all contracts awarded by

the Sponsor in the relevant time period;

(e) A certified Board Resolution

acknowledging responsibilities of

sponsorship, long-term support of the

project(s), willingness of Sponsor to

assist the Owner to develop, own,

manage and provide appropriate

services in connection with the

proposed project, and that it reflects the

will of its membership. Also, evidence,

in the form of a certified Board

Resolution, of the Sponsor’s willingness

to fund the estimated start-up expenses,

the Minimum Capital Investment (onehalf of one-percent of the HUDapproved capital advance, not to exceed

$10,000) (see § 890.250), and the

estimated cost of any amenities or

features (and operating costs related

thereto) that would not be covered by

the approved capital advance;

(f) Description, if applicable, of the

Sponsor’s efforts to involve persons

with disabilities in the development of

the application, as well as its intent to

involve persons with disabilities in the

development of the project.

4. Project information including the

following:

(a) Evidence of need for supportive

housing. An identification of the

proposed population and evidence

demonstrating sustained effective

demand for the housing for the

proposed population in the area to be

served, such as a description of market

conditions in existing Federally assisted

housing for persons with disabilities

(occupancy, waiting lists, etc.), State or

local needs assessments of persons with

disabilities in the area, the types of

supportive services arrangements

currently available in the area, and the

use of such services as evidenced by

data from local social service agencies.

(b) Description of the project,

including the following:

(1) Number and type of structure(s),

number of bedrooms if group home,

number of units with bedroom

distribution if independent living units

(including condos), number of residents

with disabilities, and resident staff per

structure.
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27605

(2) An identification of all community

spaces, amenities, or features planned

for the housing. A description of how

the spaces, amenities, or features will be

used, the extent to which they are

necessary to accommodate any special

needs of the proposed residents, and the

provision of any on-site supportive

services also must be included. If these

community spaces, amenities, or

features would not comply with the

design and cost standards of § 890.220,

the Sponsor must demonstrate its ability

and willingness to contribute both the

incremental development cost and

continuing operating cost associated

with the community spaces, amenities,

or features; and

(3) Description of whether and how

the project will promote energy

efficiency, and, if applicable, innovative

construction or rehabilitation methods

or technologies to be used that will

promote efficient construction.

(c) A supportive services plan (a copy

of which must be sent to the appropriate

State or local agency as instructed in

section IV.B., below, of this NOFA) that

includes:

(1) A detailed description of whether

the housing is intended to serve persons

with physical, mental, or emotional

impairments, developmental

disabilities, or chronic mental illness.

Include how and from whom persons

will be referred and admitted to the

project. The Sponsor may, with the

approval of the Secretary, limit

occupancy within housing developed

under this part to persons with

disabilities who have similar disabilities

and require a similar set of supportive

services in a supportive housing

environment.

(2) A detailed description of any

supportive service needs of the

proposed population and the extent to

which the supportive services will be

needed.

(3) The manner in which such

services will be provided, either by

residents taking responsibility for

acquiring their own services, to the

extent needed, on an individual basis,

or by a comprehensive service plan

organized by the Sponsor.

(4) If services will be organized or

provided by the Sponsor, include the

following:

(i) The name(s) of the agency(s) (if

other than the Sponsor) that will be

responsible for providing the supportive

services;

(ii) The evidence of each service

provider’s capability and experience in

providing such supportive services;

(iii) A description of how, when, how

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

services will be provided;

(iv) A description of residential staff,

if needed;

(v) Identification of the extent of State

and local funds to assist in the provision

of supportive services;

(vi) Letters of intent from service

providers or funding sources, indicating

commitments to fund or to provide the

supportive services, or indication that a

particular service will be available to

proposed residents. If the Sponsor will

be providing any supportive services or

will be coordinating the provision of

any of the supportive services, a letter

indicating its commitment to either

provide the supportive services or

ensure their provision for the life of the

project;

(vii) If any State or local government

funds will be provided, a description of

the State or local agency’s philosophy/

policy concerning residential facilities

for the population to be served, and a

demonstration by the Sponsor that the

application is consistent with State or

local plans and policies governing the

development and operation of facilities

for the same disabled population.

(5) If the proposed residents will be

taking responsibility for acquiring their

own supportive services, a description

of appropriate services in the

community from which the residents

can choose.

(6) Assurances that the proposed

residents will receive supportive

services based on their individual

needs, and a commitment that accepting

supportive services will not be a

condition of occupancy.

(7) Form HUD 92013E, Supplemental

Application Processing Form—Housing

for Persons with Disabilities. Identify all

supportive services, if any, to be

provided to the persons occupying such

housing.

(d) Supportive Services Certification.

A certification from the appropriate

State or local agency identified in the

Application Package that the provision

of supportive services is well designed

to serve the special needs of persons

with disabilities, that the necessary

supportive services will be provided on

a consistent, long-term basis, and that

the proposed facility is consistent with

State or local plans and policies

governing the development and

operation of facilities to serve

individuals of the proposed occupancy

category. (The name, address, and

telephone number of the appropriate

agency can be obtained from the

appropriate HUD Office.)

Note: SPONSORS OF PROJECTS IN

OKLAHOMA MAY SUBMIT THE

SUPPORTIVE SERVICES CERTIFICATION

AFTER THE APPLICATION DEADLINE

DATE BUT NO LATER THAN AUGUST 25,

1995.

(e) Evidence of control of an

approvable site, or identification of a

site for which the Sponsor provides

reasonable assurances that it will obtain

control within 6 months from the date

of fund reservation (if Sponsor is

approved for funding).

(1) If the Sponsor has control of the

site, it must submit the following

information:

(i) Evidence that the Sponsor has

entered into a legally binding option

agreement to purchase or lease the

proposed site; or has a copy of the

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

supporting documentation, submitted

either prior to or with the Application

for Capital Advance, for a partial release

of a site covered by a mortgage under a

HUD program, or other evidence of legal

ownership of the site (including

properties to be acquired from the RTC).

The option agreement period must

extend through the end of the current

fiscal year and contain a renewal

provision so that the option can be

renewed for at least an additional six

months. The Sponsor must also identify

any restrictive covenants, including

reverter clauses. In the case of a site to

be acquired from a public body,

evidence that the public body possesses

clear title to the site, and has entered

into a legally binding agreement to lease

or convey the site to the Sponsor after

it receives and accepts a notice of

Section 811 capital advance, and

identification of any restrictive

covenants, including reverter clauses.

However, in localities where HUD

determines that the time constraints of

the funding round will not permit all of

the required official actions (e.g.,

approval of Community Planning

Boards) that are necessary to convey

publicly-owned sites, a letter in the

application from the mayor or director

of the appropriate local agency

indicating their approval of conveyance

of the site contingent upon the

necessary approval action is acceptable

and may be approved by the HUD Office

if it has satisfactory experience with

timely conveyance of sites from that

public body. In such cases,

documentation shall also include a copy

of the public body’s evidence of

ownership and identification of any

restrictive covenants, including reverter

clauses. For properties to be acquired

from the RTC, include a copy of the RTC

prepared Transaction Screen Checklist

or Phase I Environmental Site

Assessment, and applicable
27606 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

documentation, per the RTC

Environmental Guidelines.

Note: A PROPOSED PROJECT SITE MAY

NOT BE ACQUIRED OR OPTIONED FROM

A GENERAL CONTRACTOR (OR ITS

AFFILIATE) THAT WILL CONSTRUCT THE

SECTION 811 PROJECT OR FROM ANY

OTHER DEVELOPMENT TEAM MEMBER.

(ii) Evidence that the project as

proposed is permissible under

applicable zoning ordinances or

regulations, or a statement of the

proposed action required to make the

proposed project permissible and the

basis for the belief that the proposed

action will be completed successfully

before the submission of the

commitment application (e.g., a

summary of the results of any recent

requests for rezoning on land in similar

zoning classifications and the time

required for such rezoning, preliminary

indications of acceptability from zoning

bodies, etc.).

(iii) Narrative description of site and

area surrounding the site, characteristics

of neighborhood, how the site will

promote greater housing opportunities

for minorities, and any other

information that affects the suitability of

the site for persons with disabilities and

including:

(A) If acquisition, evidence that the

structure has been constructed or

occupied for at least three years (other

than RTC properties);

(B) A statement that the Sponsor is

willing to seek a different site if the

preferred site is unapprovable and that

site control will be obtained within six

months of notification of fund

reservation;

(C) A map showing the location of the

site and the racial composition of the

neighborhood, with the area of racial

concentration delineated;

(D) A Transaction Screen Process, in

accordance with the American Society

for Testing and Material (ASTM)

Standards E 1528–93 and E 1527–93, as

amended. If the completion of the

Transaction Screen Questionnaire

results in either a ‘‘yes’’ or ‘‘unknown’’

response, further study is required, and

the Sponsor must complete a Phase I

Environmental Site Assessment in

accordance with the ASTM and submit

it with the application. If the Phase I

study indicates the possible presence of

contamination and/or hazards, further

study must be undertaken. At this point,

the Sponsor must decide whether to

continue with this site or choose

another site. Should the Sponsor choose

another site, the same environmental

site assessment procedure identified

above must be followed for that site.

Since all Transaction Screen processes

and Phase I studies must be completed

and submitted with the application, it is

important that the Sponsor start the site

assessment process as soon after the

publication of this NOFA as possible.

If the Sponsor chooses to continue

with the original site, then it must

undertake a detailed Phase II

Environmental Site Assessment by an

appropriate professional.

Note: THIS COULD BE AN EXPENSIVE

UNDERTAKING. THE COST OF THE STUDY

WILL BE BORNE BY THE SPONSOR IF THE

APPLICATION IS NOT SELECTED.

If the Phase II Assessment reveals site

contamination, the extent of the

contamination and a plan for clean-up

of the site must be submitted to the local

HUD Office. The plan for clean-up must

include a contract for remediation of the

problem(s) and an approval letter from

the applicable Federal, State, and/or

local agency with jurisdiction over the

site. In order for the application to be

considered for review under this FY

1995 funding, this information would

have to be submitted to the local HUD

Office no later than August 16, 1995.

(E) If an exception to the project size

limits is being requested, describe why

the site was selected and demonstrate

the following:

(i) The increased number of people is

necessary for the economic feasibility of

the project;

(ii) The project is compatible with

other residential development and the

population density of the area in which

the project is to be located;

(iii) The increased number of people

will not prohibit their successful

integration into the community;

(iv) The project is marketable in the

community;

(v) The size of the project is consistent

with State and/or local policies

governing similar facilities for the

proposed population; and

(vi) A statement that the Sponsor is

willing to have its application processed

at the project size limit should HUD not

approve the exception.

(2) If the Sponsor has identified a site,

but does not have it under control, it

must submit the following information:

(i) A description of the location of the

site, including its street address and

unit number (if condominium),

neighborhood/community

characteristics (to include racial and

ethnic data), amenities, adjacent

housing and/or facilities, how the site

will promote greater housing

opportunities for minorities, and any

other information that affects the

suitability of the site for persons with

disabilities;

(ii) A description of the activities

undertaken to identify the site, as well

as what actions must be taken to obtain

control of the site, if approved for

funding;

(iii) An indication as to whether the

site is properly zoned. If it is not, an

indication of the actions/time necessary

for proper zoning;

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

(v) An indication as to whether the

site would involve relocation.

(f) Statements of support for the

proposed project from nongovernmental

organizations familiar with the needs of

the population it would serve, any

sources of local funds to serve the

project, minority support, and how long

the Sponsor has been in existence

(include any additional related

information).

(g) For group homes to be licensed as

intermediate care facilities (in which

funding for the intermediate care is

provided under Title XIX of the Social

Security Act) that serve persons with

developmental disabilities, the

following must be submitted:

(1) Evidence demonstrating that the

proposed project will primarily provide

housing rather than medical facilities,

and is or will be licensed by appropriate

State agencies;

(2) Description of the medical training

of the staff of the proposed facility and

any nursing services that will be

required by the residents on-site;

(3) Description of the services that

will be funded by Medicaid for

residents of the proposed project,

including their nature, frequency, and

where the services are to be provided;

(4) Description of any special design

features proposed for the group home

that are not common to other Section

811 group homes for the proposed

population, and the Sponsor’s rationale

for including them;

(5) Written evidence from the State

Medicaid Office that it recognizes the

need for a tenant contribution to rent

and has agreed to pay the cost of the

tenant contribution in the Medicaid

payment to the Owner; and

(6) Statement certifying that the

Individual Program Plan for each

resident will include participation in an

out-of-the-home activity program for at

least six hours each weekday.

5. A list of the applications, if any, the

Sponsor has submitted or is planning to

submit to any other HUD Office in

response to this NOFA or the NOFA for

Supportive Housing for the Elderly

(published elsewhere in today’s Federal

Register). Indicate, by HUD Office, the

number of units requested and the

proposed location by city and State for

each application. Also, a list of all FY

1994 and prior year projects to which

the Sponsor(s) is a party, identified by
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27607

project number and HUD Office, which

have not been finally closed.

6. HUD–2880, Applicant/Recipient

Disclosure/Update Report including

Social Security Numbers and Employee

Identification Numbers.

7. E.O. 12372. A certification that the

Sponsor has submitted a copy of its

application, if required, to the State

agency (single point of contact) for State

review in accordance with Executive

Order 12372.

8. A statement that: (a) Identifies all

persons (families, individuals,

businesses, and nonprofit organizations)

by race/minority group and status as

owners or tenants occupying the

property on the date of submission of

the application for a capital advance; (b)

Indicates the estimated cost of

relocation payments and other services;

and (c) Identifies the staff organization

that will carry out the relocation

activities. (This requirement applies to

applications with site control only.

Sponsors of applications with identified

sites that are selected will be required

to submit this information at a later date

once they have obtained site control.)

Note: IF ANY OF THE RELOCATION

COSTS WILL BE FUNDED FROM SOURCES

OTHER THAN THE SECTION 811 CAPITAL

ADVANCE, THE SPONSOR MUST PROVIDE

EVIDENCE OF A FIRM COMMITMENT OF

THESE FUNDS. WHEN EVALUATING

APPLICATIONS, HUD WILL CONSIDER THE

TOTAL COST OF PROPOSALS (I.E., COST

OF SITE ACQUISITION, RELOCATION,

CONSTRUCTION AND OTHER PROJECT

COSTS).

9. SF–424. A certification on SF–424,

Application for Federal Assistance, that

the Sponsor(s) is not delinquent on the

repayment of any Federal debt.

10. Disclosure of Lobbying Activities.

If the amount applied for is greater than

$100,000, the certification with regard

to lobbying required by 24 CFR part 87

must be included. If the amount applied

for is greater than $100,000 and the

applicant has made or has agreed to

make any payment using

nonappropriated funds for lobbying

activity, as described in 24 CFR part 87,

the submission must also include SF–

LLL, Disclosure of Lobbying Activities.

The applicant determines if the

submission of the SF–LLL form is

applicable.

11. Sponsor Certifications.

(a) A certification of the Sponsor(s)’

intent to comply with section 504 of the

Rehabilitation Act of 1973 (29 U.S.C.

794) and the implementing regulations

at 24 CFR part 8; the Fair Housing Act

(42 U.S.C. 3600–3619) and the

implementing regulations at 24 CFR

parts 100, 108, 109, and 110; Title VI of

the Civil Rights Act of 1964 (42 U.S.C.

2000d) and the implementing

regulations at 24 CFR part 1; section 3

of the Housing and Urban Development

Act of 1968 (12 U.S.C. 1701u) and the

implementing regulations at 24 CFR part

135; the Age Discrimination Act of 1975

(42 U.S.C. 6101–6107) and the

implementing regulations at 24 CFR part

146; Executive Order 11246 (as

amended) and the implementing

regulations at 41 CFR Chapter 60; the

regulations implementing Executive

Order 11063 (Equal Opportunity in

Housing) at 24 CFR part 107; the

Americans with Disabilities Act (42

U.S.C. 12101 et seq.) to the extent

applicable; the affirmative fair housing

marketing requirements of 24 CFR part

200, subpart M and the implementing

regulations at 24 CFR part 108; and

other applicable Federal, State, and

local laws prohibiting discrimination

and promoting equal opportunity.

(b) A certification that the Sponsor(s)

will comply with the requirements of

the Drug-Free Workplace Act.

(c) A certification that the project will

comply with HUD’s design and cost

standards; the Uniform Federal

Accessibility Standards and HUD’s

implementing regulations at 24 CFR part

40; section 504 of the Rehabilitation Act

of 1973 and HUD’s implementing

regulations at 24 CFR part 8; and for

covered multifamily dwellings designed

and constructed for first occupancy after

March 13, 1991, the design and

construction requirements of the Fair

Housing Act and HUD’s implementing

regulations at 24 CFR part 100; and the

Americans with Disabilities Act of 1990.

(d) A certification by the Sponsor(s)

that it will comply (or has complied)

with the acquisition and relocation

requirements of the Uniform Relocation

Assistance and Real Property

Acquisition Policies Act of 1970, as

amended (URA), implemented by

regulations at 49 CFR part 24, and 24

CFR 890.260(e).

(e) A certification by the Sponsor(s)

that it will form an Owner (as defined

in 24 CFR 890.105) after the issuance of

the capital advance, will cause the

Owner to file a request for

determination of eligibility and a

request for capital advance under 24

CFR 890.300, and will provide sufficient

resources to the Owner to insure the

development and long-term operation of

the project.

(f) A certification that the Sponsor

will comply with the requirements of

the Lead-Based Paint Poisoning

Prevention Act (42 U.S.C. 4821–4846)

and implementing regulations at 24 CFR

part 35 (except as superseded in 24 CFR

890.260(f)(2)).

(g) Certification of Consistency with

the Consolidated Plan (Plan) for the

jurisdiction in which the proposed

project will be located must be

submitted by the Sponsor (see NOTE

below if the jurisdiction does not have

an approved Plan). The certification

must be made by the unit of general

local government if it is required to

have, or has, a complete Plan. Otherwise

the certification may be made by the

State, or if the project will be located in

a unit of general local government

authorized to use an abbreviated

strategy, by the unit of general local

government if it is willing to prepare

such a Plan.

All certifications must be made by the

public official responsible for

submitting the Plan to HUD. The

certifications must be submitted as part

of the application by the application

submission deadline set forth in this

NOFA, except as provided in the next

paragraph. The Plan regulations are

published in 24 CFR part 91.

Notes: (1) IF THE JURISDICTION’S PLAN

PROGRAM YEAR HAS NOT YET STARTED,

THE JURISDICTION MAY CERTIFY

CONSISTENCY WITH THEIR FY 1994 CHAS

IN LIEU OF THE PLAN. A NOTICE

PUBLISHED IN THE FEBRUARY 6, 1995

FEDERAL REGISTER ESTABLISHED THAT

A JURISDICTION’S PREVIOUSLY

APPROVED CHAS WILL REMAIN IN

EFFECT UNTIL THE START DATE OF THE

JURISDICTION’S NEW CONSOLIDATED

PROGRAM YEAR, AT WHICH POINT THE

JURISDICTION’S NEW PLAN WOULD TAKE

EFFECT. THE NOTICE ALSO ALLOWS

JURISDICTIONS TO USE THEIR ANNUAL

PLAN FOR FY 1994 AS EXTENDED BY THE

FEBRUARY 6, 1995 FEDERAL REGISTER

NOTICE FOR THE PURPOSE OF

CERTIFICATIONS OF CONSISTENCY.

(2) SPONSORS OF PROJECTS IN

OKLAHOMA MAY SUBMIT THE

CERTIFICATION OF CONSISTENCY WITH

THE CONSOLIDATED PLAN AFTER THE

APPLICATION DEADLINE BUT NO LATER

THAN AUGUST 25, 1995.

IV. Additional Information

A. Sites

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to provide either (a)

evidence of site control, or (b)

reasonable assurances that it will have

control of a site within six months of

notification of fund reservation.

Accordingly, if a Sponsor has control of

a site at the time it submits its

application, it must include evidence of

such as described in 24 CFR 890.265. If

it does not have site control, it must

provide the information required in

§ 890.265 as a reasonable assurance that

site control will be obtained within six

months of fund reservation notification.
27608 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

Sponsors may select a site different

from the one(s) submitted in their

original applications if the original site

is not approvable. Selection of a

different site will require HUD

performance of an environmental

review on the new site, which could

result in rejection of that site. However,

if a Sponsor does not have site control

for any reason 12 months after

notification of fund reservation, the

assistance will be recaptured and

reallocated.

Sponsors submitting satisfactory

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

control) will have 10 bonus points

added to the rating of their applications.

Sponsors submitting proper

identification of a site will not be

eligible for the 10 bonus points.

Applications containing evidence of

site control where either the evidence or

the site is not approvable will not be

rejected provided the application

indicates the Sponsor’s willingness to

select another site and an assurance that

site control will be obtained within six

months of fund reservation notification.

In the case of a scattered site

application submitted with evidence of

site control for all of the sites, the

evidence must be satisfactory for each

site, and all the sites must be approvable

for the application to receive the 10

bonus points for site control. The same

applies to a scattered site application in

which the Sponsor has control of some

of the sites but has only identified

others. It would also not be eligible for

the 10 bonus points for site control.

B. Supportive Services

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to include a supportive

services plan and a certification from

the appropriate State or local agency

that the provision of services identified

in the supportive services plan is well

designed to serve the special needs of

persons with disabilities. Paragraph

III.B.4.(c) above outlines the information

that must be in the Supportive Services

Plan. Sponsors must submit one copy of

their Supportive Services Plans to the

appropriate State or local agency well in

advance of the application deadline date

in order for the State or local agency to

review the Supportive Services Plan and

complete the Supportive Services

Certification (Paragraph III.B.4(d) above,

to be supplied by the Sponsor from the

Application Package received from the

HUD Office) and return it to the Sponsor

for inclusion with the application

submission to HUD.

Note: SPONSORS OF PROJECTS IN

OKLAHOMA MAY SUBMIT THE

SUPPORTIVE SERVICES CERTIFICATION

AFTER THE APPLICATION DEADLINE

DATE BUT NO LATER THAN AUGUST 25,

1995.

Since the appropriate State or local

agency will review the Supportive

Services Plan on behalf of HUD, the

Supportive Services Certification, in

addition to the indication as to whether

the provision of supportive services is

well designed, will indicate whether the

Sponsor demonstrated that necessary

supportive services will be provided on

a consistent, long-term basis. If HUD

receives an application in which the

Supportive Services Certification is

missing, is received by HUD after the

deficiency period, or indicates that

either the provision of services is not

well designed to meet the special needs

of persons with disabilities or that the

Sponsor failed to demonstrate that the

necessary services will be provided on

a consistent, long-term basis, the

application shall be rejected.

HUD recognizes that there will be

varying degrees of need for supportive

services by the potential residents of

Section 811 housing, even to the degree

of needing no special services at all.

Sponsors must describe this in the

application, in Exhibit 4. A Sponsor

proposing to serve persons with

disabilities who need few, if any,

special services will not have its

application penalized as a result. In

addition, Sponsors may not require

residents, as a condition of occupancy,

to accept any supportive service.

C. Project Size Limits

The maximum number of persons

with disabilities in an independent

living facility is 24 persons for all

disability types.

V. Other Matters

A. Environmental Impact

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations that implement 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, Office of General Counsel,

Room 10276, Department of Housing

and Urban Development, 451 Seventh

Street, SW, Washington, DC 20410.

B. Federalism Executive Order

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that this NOFA does not

have substantial direct effects on States

or their political subdivisions, or on the

relationship between the Federal

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. This NOFA

merely notifies the public of the

availability of capital advances for

supportive housing for persons with

disabilities.

C. Family Executive Order

The General Counsel, as the

Designated Official under Executive

Order 12606, the Family, has

determined that this NOFA does not

have the potential for significant impact

on family formation, maintenance, or

general well-being. This NOFA may

have a positive though indirect effect on

families, to the extent that families will

benefit from the provision of supportive

housing for persons with disabilities.

Since any effect on families is

beneficial, this NOFA is not subject to

review under the Order.

D. Accountability in the Provision of

HUD Assistance

HUD has promulgated a final rule to

implement section 102 of the

Department of Housing and Urban

Development Reform Act of 1989 (HUD

Reform Act). The final rule is codified

at 24 CFR part 12. Section 102 contains

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, HUD published in the Federal

Register (57 FR 1942) additional

information that gave the public

(including applicants for, and recipients

of, HUD assistance) further information

on the implementation, public access,

and disclosure requirements of section

102. The documentation, public access,

and disclosure requirements of section

102 are applicable to assistance awarded

under this NOFA as follows:

1. Documentation and Public Access

HUD will ensure 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 fiveyear 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
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27609

pursuant to this NOFA in its Federal

Register notice of all recipients of HUD

assistance awarded on a competitive

basis. (See 24 CFR 12.14(a) and 12.16(b),

and the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

requirements.)

2. Disclosures

HUD will make available to the public

for five years all applicant disclosure

reports (HUD Form 2880) submitted in

connection with this NOFA. Update

reports (also Form 2880) will be made

available along with the applicant

disclosure reports, but in no case for a

period less than three years. All

reports—both applicant disclosures and

updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 15. (See 24 CFR subpart C, and

the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

disclosure requirements.)

E. Documentation and Public Access

Requirements: HUD Reform Act

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 fiveyear 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. (See 24 CFR 12.14(a) and 12.16(b),

and the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

requirements.)

F. Section 103

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 was published May

13, 1991 (56 FR 22088) and became

effective on June 12, 1991. That

regulation, codified as 24 CFR part 4,

applies to the funding competition

announced today. The requirements of

the rule continue to apply until the

announcement of the selection of

successful applicants.

HUD employees involved in the

review of applications and in the

making of funding decisions are

restrained by part 4 from providing

advance information to any person

(other than an authorized employee of

HUD) concerning funding decisions, or

from otherwise giving any applicant an

unfair competitive advantage. Persons

who apply for assistance in this

competition should confine their

inquiries to the subject areas permitted

under 24 CFR part 4.

Applicants who have questions

should contact the HUD Office of Ethics

(202) 708–3815 (TDD/Voice). (This is

not a toll-free number.) The Office of

Ethics can provide information of a

general nature to HUD employees, as

well. However, a HUD employee who

has specific program questions, such as

whether particular subject matter can be

discussed with persons outside HUD,

should contact his or her HUD Office

Counsel, or Headquarters counsel for

the program to which the question

pertains.

G. Lobbying

Section 13 of the Department of

Housing and Urban Development Act

(42 U.S.C. 3537b) contains two

provisions dealing with efforts to

influence HUD’s decisions with respect

to financial assistance. The first imposes

disclosure requirements on those who

are typically involved in these efforts—

those who pay others to influence the

award of assistance or the taking of a

management action by HUD and those

who are paid to provide the influence.

The second restricts the payment of fees

to those who are paid to influence the

award of HUD assistance, if the fees are

tied to the number of housing units

received or are based on the amount of

assistance received, or if they are

contingent upon the receipt of

assistance.

Section 13 was implemented by final

rule published in the Federal Register

on May 17, 1991 (56 FR 22912). If

readers are involved in any efforts to

influence HUD in these ways, they are

urged to read the final rule, particularly

the examples contained in Appendix A

of the rule.

Any questions regarding the rule

should be directed to the Director,

Office of Ethics, Room 2158,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC 20410. Telephone:

(202) 708–3815 TDD/Voice). (This is not

a toll-free number.) Forms necessary for

compliance with the rule may be

obtained from the local HUD Office.

H. Prohibition Against Lobbying

Activities

The use of funds awarded under this

NOFA is subject to the disclosure

requirements and prohibitions of

section 319 of the Department of Interior

and Related Agencies Appropriations

Act for Fiscal Year 1990 (31 U.S.C.

1352) (the Byrd Amendment) and the

implementing regulations at 24 CFR part

87. These authorities prohibit recipients

of Federal contracts, grants, or loans

from using appropriated funds for

lobbying the executive or legislative

branches of the Federal Government in

connection with a specific contract,

grant, or loan. The prohibition also

covers the awarding of contracts, grants,

cooperative agreements, or loans unless

the recipient has made an acceptable

certification regarding lobbying. Under

24 CFR part 87, applicants, recipients,

and subrecipients of assistance

exceeding $100,000 must certify that no

Federal funds have been or will be spent

on lobbying activities in connection

with the assistance.

I. Catalog of Federal Domestic

Assistance Program

The Catalog of Federal Domestic

Assistance Program title and number is

14.181, Supportive Housing for Persons

with Disabilities.

Authority: Section 811, National

Affordable Housing Act, as amended (42

U.S.C. 8013), section 7(d), Department of

Housing and Urban Development Act (42

U.S.C. 3535(d)).

Dated: April 26, 1995.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal

Housing Commissioner.

Appendix A—HUD Offices

Note: The first line of the mailing address

for all offices is U.S. Department of Housing

and Urban Development. Telephone numbers

listed are not toll-free.

HUD—NEW ENGLAND AREA

CONNECTICUT STATE OFFICE

First Floor, 330 Main Street, Hartford, CT

06106–1860, (203) 240–4523

MASSACHUSETTS STATE OFFICE

Room 375, Thomas P. O’Neill, Jr. Federal

Building, 10 Causeway Street, Boston, MA

02222–1092, (617) 565–5234

NEW HAMPSHIRE STATE OFFICE

Norris Cotton Federal Building, 275 Chestnut

Street, Manchester, NH 03101–2487, (603)

666–7681

RHODE ISLAND STATE OFFICE

Sixth Floor, 10 Weybosset Street, Providence,

RI 02903–2808, (401) 528–5351
27610 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

HUD—NEW YORK, NEW JERSEY AREA

NEW JERSEY STATE OFFICE

Thirteenth Floor, One Newark Center,

Newark, NJ 07102–5260, (201) 622–7900

NEW YORK STATE OFFICE

26 Federal Plaza, New York, NY 10278–0068,

(212) 264–6500

BUFFALO AREA OFFICE

Fifth Floor, Lafayette Court, 465 Main Street,

Buffalo, NY 14203–1780, (716) 846–5755

HUD—MIDATLANTIC AREA

DISTRICT OF COLUMBIA OFFICE

820 First Street, NE, Washington, D.C.

20002–4502, (202) 275–9200

MARYLAND STATE OFFICE

Fifth Floor, City Crescent Building, 10 South

Howard Street, Baltimore, MD 21201–2505,

(401) 962–2520

PENNSYLVANIA STATE OFFICE

Liberty Square Building, 105 South 7th

Street, Philadelphia, PA 19106–3392, (215)

597–2560

VIRGINIA STATE OFFICE

The 3600 Centre, 3600 West Broad Street,

P.O. Box 90331, Richmond, VA 23230 -

0331, (804) 278–4507

WEST VIRGINIA STATE OFFICE

Suite 708, 405 Capitol Street, Charleston, WV

25301–1795, (304) 347–7000

PITTSBURGH AREA OFFICE

412 Old Post Office Courthouse, 7th Avenue

and Grant Street, Pittsburgh, PA 15219–

1906, (412) 644–6428

HUD—SOUTHEAST/CARIBBEAN AREA

ALABAMA STATE OFFICE

Suite 300, Beacon Ridge Tower, 600 Beacon

Parkway, West, Birmingham, AL 35209–

3144, (205) 290–7617

CARIBBEAN OFFICE

New San Juan Office Building, 159 Carlos

Chardon Avenue, San Juan, PR 00918–

1804, (809) 766–6121

GEORGIA STATE OFFICE

Richard B. Russell Federal Building, 75

Spring Street, S.W., Atlanta, GA 30303–

3388, (404) 331–5136

KENTUCKY STATE OFFICE

601 West Broadway, P.O. Box 1044,

Louisville, KY 40201–1044, (502) 582–

5251

MISSISSIPPI STATE OFFICE

Suite 910, Doctor A.H. McCoy Federal

Building, 100 West Capitol Street, Jackson,

MS 39269–1016, (601) 965–5308

NORTH CAROLINA STATE OFFICE

Koger Building, 2306 West Meadowview

Road, Greensboro, NC 27407–3707, (919)

547–4001

SOUTH CAROLINA STATE OFFICE

Strom Thurmond Federal Building, 1835

Assembly Street, Columbia, SC 29201–

2480, (803) 765–5592

TENNESSEE STATE OFFICE

Suite 200, 251 Cumberland Bend Drive,

Nashville, TN 37228–1803, (615) 736–5213

JACKSONVILLE AREA OFFICE

Suite 2200, Southern Bell Tower, 301 West

Bay Street, Jacksonville, FL 32202–5121,

(904) 232–2626

KNOXVILLE AREA OFFICE

Third Floor, John J. Duncan Federal Building,

710 Locust Street, Knoxville, TN 37902–

2526, (615) 545–4384

HUD—MIDWEST AREA

ILLINOIS STATE OFFICE

Ralph H. Metcalfe Federal Building, 77 West

Jackson Boulevard, Chicago, IL 60604–

3507, (312) 353–5680

INDIANA STATE OFFICE

151 North Delaware Street, Indianapolis, IN

46204–2526, (317) 226–6303

MICHIGAN STATE OFFICE

Patrick V. McNamara Federal Building, 477

Michigan Avenue, Detroit, MI 48226–2592,

(313) 226–7900

MINNESOTA STATE OFFICE

220 Second Street, South, Minneapolis, MN

55401–2195, (612) 370–3000

OHIO STATE OFFICE

200 North High Street, Columbus, OH 43215–

2499, (614) 469–5737

WISCONSIN STATE OFFICE

Suite 1380, Henry S. Reuss Federal Plaza,

310 West Wisconsin Avenue, Milwaukee,

WI 53203–2289, (414) 297–3214

CINCINNATI AREA OFFICE

Room 9002 Federal Office Building, 550

Main Street, Cincinnati, OH 45202–3253,

(513) 684–2884

CLEVELAND AREA OFFICE

Fifth Floor, Renaissance Building, 1350

Euclid Avenue, Cleveland, OH 44115–

1815, (216) 522–4058

GRAND RAPIDS AREA OFFICE

2922 Fuller Avenue, NE., Grand Rapids, MI

49505–3499, (616) 456–2100

HUD—SOUTHWEST AREA

ARKANSAS STATE OFFICE

Suite 900, TCBY Tower, 425 West Capitol

Avenue, Little Rock, AR 72201–3488, (501)

324–5931

LOUISIANA STATE OFFICE

Ninth Floor, Hale Boggs Federal Building,

501 Magazine Street, New Orleans, LA

70130–3099, (504) 589–7200

OKLAHOMA STATE OFFICE

Suite 400, 500 West Main, Oklahoma City,

OK 73102, (405) 231–4345

TEXAS STATE OFFICE

1600 Throckmorton Street, P.O. Box 2905,

Fort Worth, TX 76113–2905, (817) 885–

5401

HOUSTON AREA OFFICE

Suite 200, Norfolk Tower, 2211 Norfolk,

Houston, TX 77098–4096, (713) 834–3274

SAN ANTONIO AREA OFFICE

Washington Square, 800 Dolorosa Street, San

Antonio, TX 78207–4563, (210) 229–6800

HUD—GREAT PLAINS

IOWA STATE OFFICE

Room 239, Federal Building, 210 Walnut

Street, Des Moines, IA 50309–2155, (515)

284–4512

KANSAS/MISSOURI STATE OFFICE

Room 200, Gateway Tower II, 400 State

Avenue, Kansas City, KS 66101–2406,

(913) 551–5462

NEBRASKA STATE OFFICE

Executive Tower Centre, 10909 Mill Valley

Road, Omaha, NE 68154–3955, (402) 492–

3100

SAINT LOUIS AREA FIELD OFFICE

Third Floor, Robert A. Young Federal

Building, 1222 Spruce Street, St. Louis,

MO 63103–2836, (314) 539–6583

HUD—ROCKY MOUNTAINS AREA

COLORADO STATE OFFICE

633 17th Street, Denver, CO 80202–3607,

(303) 672–5440

HUD—PACIFIC/HAWAII AREA

ARIZONA STATE OFFICE

Suite 1600, Two Arizona Center, 400 North

5th Street, Phoenix, AZ 85004–2361, (602)

379–4434

CALIFORNIA STATE OFFICE

Philip Burton Federal Building and U.S.

Courthouse, 450 Golden Gate Avenue, P.O.

Box 36003, San Francisco, CA 94102–3448,

(415) 556–4752

HAWAII STATE OFFICE

Suite 500, 7 Waterfront Plaza, 500 Ala Moana

Boulevard, Honolulu, HI 96813–4918,

(808) 522–8175

LOS ANGELES AREA OFFICE

1615 West Olympic Boulevard, Los Angeles,

CA 90015–3801, (213) 251–7122

SACRAMENTO AREA OFFICE

Suite 200, 777 12th Avenue, Sacramento, CA

95814–1997, (916) 551–1351

HUD—NORTHWEST/ALASKA AREA

ALASKA STATE OFFICE

Suite 401, University Plaza Building, 949

East 36th Avenue, Anchorage, AK 99508–

4399, (907) 271–4170

OREGON STATE OFFICE

520 S.W. 6th Avenue, Portland, OR 97204–

1596, (503) 326–2561

WASHINGTON STATE OFFICE

Suite 200, Seattle Federal Office Building,

909 First Avenue, Seattle, WA 98104–1000,

(206) 220–5101

[FR Doc. 95–12715 Filed 5–23–95; 8:45 am]

BILLING CODE 4210–27–P