24236 Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4674–N–01]

Notice of Funding Availability: Tribal

Colleges and Universities Program;

Fiscal Year 2001

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Funding Availability

(NOFA).

SUMMARY: Purpose of the Program. To

assist Tribal colleges and universities to

build, expand, renovate, and equip their

own facilities.

Available Funds. Approximately $3

million.

Eligible Applicants: Only tribal

colleges and universities that meet the

definition of a TCU established in Title

V of the 1998 Amendments to the

Higher Education Act of 1965 (Pub. L.

105–244; enacted October 7, 1998)

Application Deadline. August 3, 2001.

Match. None.

Paperwork Reduction Act Statement

The information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget, under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520) and assigned OMB

Control Number 2528–0215. An agency

may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless the

collection displays a valid control

number.

I. Application Due Date, Application

Kits, Further Information, and

Technical Assistance

Application Due Date. Your

completed application is due on or

before 12 midnight, Eastern time, on

August 3, 2001 at HUD Headquarters.

Applications Submission Procedures.

Mailed Applications. Your application

will be considered timely filed if your

application is postmarked on or before

12:00 midnight on the application due

date and received by the designated

HUD address on or within ten (10) days

of the application due date.

Applications Sent by Overnight/

Express Mail Delivery. If your

application is sent by overnight delivery

or express mail, your application will be

timely filed if it is received before or on

the application due date, or when you

submit documentary evidence that your

application was placed in transit with

the overnight delivery/express mail

service by no later than the application

due date.

Hand Carried Applications. If your

application is required to be submitted

to HUD Headquarters, and you arrange

for the application to be hand carried,

hand carried applications delivered

before and on the application due date

must be brought to the specified

location at HUD Headquarters and room

number between the hours of 8:45 am to

5:15 pm, Eastern time. Applications

hand carried on the application due

date will be accepted in the South

Lobby of the HUD Headquarters

Building at the address below from 5:15

pm until 12 midnight, Eastern time.

This deadline date is firm. Please make

appropriate arrangements to arrive at

the HUD Headquarters Building before

12 midnight, Eastern time, on the

application due date.

Address for Submitting Applications.

Your completed application consists of

an original signed application and two

copies of the application. Submit your

completed application to the following

address: Processing and Control Branch,

Office of Community Planning and

Development, Department of Housing

and Urban Development, 451 Seventh

Street, SW, Room 7251, Washington,

DC, 20410. When submitting your

application, please refer to TCUP and

include your name, mailing address

(including zip code) and telephone

number (including area code).

HUD will accept only one application

per TCU campus for this program. If

your institution has multiple campuses,

each one may submit a separate

application. If your institution submits

more than one application, per campus,

HUD will ask you to identify which

application you want evaluated. Only

one application will be evaluated. If you

do not respond within the stipulated

cure period (see Section VI below), all

of your applications will be

disqualified. You should take this

policy into account and take steps to

ensure that multiple applications are

not submitted.

For Application Kits. For an

application kit and any supplemental

material, you should call the

SuperNOFA Information Center at

1–800–HUD–8929. If you have a hearing

or speech impairment, please call the

Center’s TTY number at 1–800–HUD–

2209. When requesting an application

kit, you should refer to TCUP and

provide your name and address

(including zip code) and telephone

number (including area code). You may

also access the application on the

Internet through the HUD web site at

www.hud.gov.

For Further Information and

Technical Assistance. You may contact

Jane Karadbil of HUD’s Office of

University Partnerships at 202–708–

1537, extension 5918 or Sherone Ivey of

the Office of Native American Programs

at 202–401–7914, extension 4200. If you

have a hearing or speech impairment,

you may access this number via TTY by

calling the Federal Information Relay

Service toll-free at 1–800–877–8339.

You may also write to Ms. Karadbil via

email at Jane_R._Karadbil@hud.gov and

Ms. Ivey at Sherone_E._Ivey@hud.gov.

Satellite Broadcast. HUD will hold an

information broadcast via satellite for

potential applicants to learn more about

the program and preparation of the

application. For more information about

the date and time of the broadcast, you

should consult the HUD web site at

http://www.hud.gov.

II. Amount Allocated

Approximately $3 million in FY 2001

funds is being made available under this

NOFA for TCUP.

The maximum grant period is 24

months. The performance period will

commence on the effective date of the

grant agreement.

The maximum amount to be

requested and awarded is $400,000.

Since the Statement of Work and other

facets of the technical review are

assessed in the context of the proposed

budget and grant request, and in the

interest of fairness to all applicants, if

you submit an application requesting

more than $400,000 in HUD funds, the

application will be ruled ineligible.

HUD reserves the right to make awards

for less than the maximum amount or

less than the amount requested in your

application.

III. Program Description; Eligible

Applicants; Eligible Activities

(A) Program Description. The purpose

of TCUP is to assist TCUs to build,

expand, renovate, and equip their own

facilities, especially those facilities that

are used by or available to the larger

community.

(B) Eligible Applicants. Only if your

institution is a nonprofit institution of

higher education and meets the

statutory definition of a TCU in Title V

of the 1998 Amendments to the Higher

Education Act of 1965 (P.L. 105–244)

are you eligible to apply. If you are one

of several campuses of the same

institution, you may apply separately

from the other campuses as long as your

campus has a separate administrative

structure and budget from the other

campuses.

(C) Eligible Activities. Each activity

you propose for funding must meet one

of the following national objectives:

(a) Benefit low- and moderate-income

persons;

(b) Aid in the prevention or

elimination of slums or blight; or

Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices 24237

(c) Meet other community

development needs having a particular

urgency and other financial resources

are not available to meet such needs.

You may not use any of your grant for

public services, as defined in 24 CFR

570.201(e). You may use no more than

20 percent of your grant for planning

and administrative activities, as defined

in 24 CFR 570.206. Grant funds can only

be used to build, expand, renovate, and

equip facilities owned by your

institution. Long-term leases of property

(i.e., at least five years in duration) are

considered an acceptable form of

ownership under this program.

Equipment can include, but is not

limited to, computers, furniture, books,

etc.

While community-wide use of your

facility is permissible, the facility must

be predominantly for the use of your

institution (i.e., it must be used by your

institution at least 51% of the time). The

facility to be assisted must be for some

activity or activities that your institution

normally provides, as opposed to

activities undertaken by other entities

using your facility. Buildings in which

your institution undertakes activities are

eligible for assistance even if they do

not serve those enrolled in your

institution. A few examples are

provided to show eligible uses of the

grant. If your institution operates a

small business assistance center,

renovation of the facility in which the

center is located would be an eligible

grant activity, because the center is part

of your institution even though it is not

serving enrolled students. Conversely, if

your institution rents space to another

entity that operates a small business

assistance center, renovation of the

facility in which that center is located

would not be an eligible grant activity,

unless the space is used by your

institution at least 51% of the time. As

another example, you could build a new

gymnasium solely for your students or

propose to offer some physical

education classes or other activities in

the evening to the larger community.

But if you proposed to build a new

gymnasium, with the majority of the

activities for non-students, or with the

activities being primarily run by an

outside entity, that would be an

ineligible activity.

While you may choose to apply for a

grant for any kind of college or

university facility, facilities that will be

used by or available to the larger

community (as long as the use is still

predominantly for your institution, as

noted above) are eligible to receive extra

points where the larger community has

participated in the planning and

implementation of this project. For

example, in order to get these points,

you could request a grant to rehabilitate

a student union building that would

also serve as a community meeting

facility, with the community helping to

plan the renovations and also helping to

operate additional activities. As another

example, you could expand a facility

currently serving as a small business

assistance center where current and

potential small business owners helped

design the expansion. As a third

example, you could equip a computer

lab where the larger community helped

you identify the equipment needs and

will also help in implementing

workshops, etc. If you are proposing

work on a facility that is solely for your

institution (e.g., a dormitory or

administration building), you can only

get these points if you involve the

community in the planning and

implementation of the project. See

Rating Factor 3 for more details. You

should call Jane Karadbil or Sherone

Ivey at the above numbers if you have

any questions about the eligibility of

any activities you may propose.

(D) Other Requirements. (1)

Leveraging. Although a match is not

required to qualify for funding, if you

claim leveraging from any source,

including your own institution, you

must provide letters or other

documentation evidencing the extent

and firmness of commitments of

leveraging from other Federal (e.g.,

Americorps Programs), State, local, and/

or private sources (including the

applicant’s own resources). These letters

or documents must be dated no earlier

than the date of this published NOFA.

Potential sources of leveraging

assistance include your own institution

(for both direct and indirect costs),

tribes, the Indian housing authorities,

financial institutions and private

businesses, foundations, and faith-based

institutions.

(2) Federal Requirements. If awarded

a grant, you must comply with all

Federal requirements, including the

following:

(a) If your TCU is a part or

instrumentality of a tribe, you must

comply with the Indian Civil Rights Act

(25 U.S.C. 1301 et seq.), but if your TCU

is not a part or instrumentality of a tribe,

you must comply with the Fair Housing

Act (42 U.S.C. 3601–19) and

implementing regulations at 24 CFR part

100 et seq. , Title VI of the Civil Rights

Act of 1964 (42 U.S.C. 2000d–2000d–4)

(Nondiscrimination in Federally

Assisted Programs) and implementing

regulations at 24 CFR part 1, and

Section 109 of the Housing and

Community Development Act of 1974,

as amended, with respect to

nondiscrimination on the basis of age,

sex, religion, or disability and

implementing regulations at 24 CFR part

6;

(b) The Age Discrimination Act of

1975 (42 U.S.C. 6101–6107) and

implementing regulations at 24 CFR part

146, prohibiting discrimination on the

basis of age;

(c) Section 504 of the Rehabilitation

Act of 1973 (29 U.S.C. 794) and

implementing regulations at 24 CFR part

8, prohibiting discrimination against

handicapped individuals;

(d) Section 3 of the Housing and

Urban Development Act of 1968 (12

U.S.C. 1701u) and implementing

regulations at 24 CFR part 135, requiring

that economic opportunities generated

by certain HUD financial assistance

shall, to the greatest extent feasible, be

given to low- and very low-income

persons and to businesses that provide

economic opportunities for these

persons;

(e) The disclosure requirements and

prohibitions of 31 U.S.C. 1352 and

implementing regulations at 24 CFR part

87;

(f) The requirements for funding

competitions established by the

Department of Housing and Urban

Development Reform Act of 1989 (42

U.S.C. 3531 et seq.).

(g) Nondiscrimination provisions of

Section 109 and Labor standards of

section 110 of the Housing and

Community Development Act of 1974

(HCDA 1974)(42 U.S.C. 5301 et seq.),

referenced at 24 CFR 570.602 and

570.603, respectively. However, in

accordance with HCDA 1974 section

107(e)(2), the Secretary waives the

provisions of HCDA 1974 section 109

and 110 with respect to this program for

grants to a TCU that is a part of a tribe,

i.e., a TCU that is legally a department

or other part of the tribal government,

but not a TCU that is established under

tribal law as an entity separate from the

tribal government. If your TCU is not a

part of a tribe, the nondiscrimination

provisions and labor standards of HCDA

section 109 and 110 apply to activities

under the grant to your TCU.

(4) OMB Circulars. Your grant will be

governed by the provisions of 24 CFR

part 84 (Grants and Agreements with

Institutions of Higher Education,

Hospitals and other Nonprofit

Organizations), A–21 (Cost Principles

for Education Institutions), and A–133

(Audits of States, Local Governments,

and Non-Profit Organizations). The

application kit contains a detailed

explanation of what these costs are. You

can access the OMB circulars at the

White House website at http://

www.whitehouse.gov/OMB/circulars.

24238 Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices

IV. Application Selection Process

HUD will conduct two types of

review: a threshold review to determine

applicant eligibility; and a technical

review to rate the application based on

the rating factors in this section.

(A) Threshold Factors for Funding

Consideration. Under this threshold

review, your application can only be

rated if it is in compliance with the

requirements of this NOFA and the

following additional standards are met:

(1) You must be an eligible TCU;

(2) Your application requests a

Federal grant of $400,000 or less over

the two-year grant period;

(3) There is only one application from

your institution or a campus of your

institution;

(4) At least one of the activities in

your application is eligible.

In addition you must meet the

following Civil Rights threshold

requirements.

If you, the applicant, (1) have been

charged with a systemic violation of the

Fair Housing Act by the Secretary

alleging ongoing discrimination;

(2) Are a defendant in a Fair Housing

Act lawsuit by the Department of Justice

alleging an ongoing pattern or practice

of discrimination; or

(3) Have received a letter of

noncompliance findings under Title VI,

Section 504 or Section 109 , HUD will

not rate or rank your application under

this NOFA if the charge, lawsuit, or

letter of findings has not been resolved

to the satisfaction of the Department

before the application deadline stated in

this NOFA. HUD’s decision regarding

whether a charge, lawsuit, or letter of

findings has been satisfactorily resolved

will be based upon whether appropriate

actions have been taken to address

allegations of ongoing discrimination in

the policies or practices involved in the

charge, lawsuit, or letter of findings.

(B) Factors Used to Evaluate and Rate

Applications. The factors for rating and

ranking applicants, and maximum

points for each factor, are provided

below. The maximum number of points

for this program is 100. HUD has five

standard factors and several subfactors

that it uses for evaluating almost all of

its programs. However, because of tribal

sovereignty issues and because this is

the first year of the Tribal Colleges and

Universities Program, not all of these

factors and subfactors are being used. If

this program is funded again next year,

HUD will determine the extent to which

these standard factors and sub-factors

will be applied to this program.

Rating Factor 1: Capacity of the

Applicant and Relevant Organizational

Experience (20 points)

This factor addresses the extent to

which you have the organizational

resources necessary to successfully

implement the proposed activities in a

timely manner. In rating this factor,

HUD will consider the extent to which

your application demonstrates the

knowledge and experience of the overall

project director and staff, including the

day-to-day program manager,

consultants, and contractors in planning

and managing the kinds of programs for

which funding is being requested. More

points will be awarded for this factor

where the experience belongs to

members of the TCU staff than where it

belongs to consultants, contractors, and

other staff outside your institution. In

addition, more points will be awarded

where the experience belongs to people

who will actually work on your

proposed project. Experience will be

judged in terms of recent, relevant, and

successful experience of your staff to

undertake activities in:

(a) Developing and equipping

facilities for your institution; and

(b) Working with your community on

the planning and implementation of

projects.

Rating Factor 2: Need/Extent of the

Problem (10 points)

This factor addresses the extent to

which there is a need for funding the

proposed program activities and an

indication of the importance of meeting

this need. In responding to this factor,

you will be evaluated on the extent to

which you document the level of need

for the proposed activities and the

importance of meeting the need. You

should use statistics and analyses

contained in one or more data sources

that are sound and reliable. To the

extent possible, the data you use should

be specific to the area where the

proposed activities will be carried out.

Rating Factor 3: Soundness of Approach

(60 points)

This factor addresses the quality and

cost-effectiveness of your proposed

work plan and the commitment of your

institution to sustain the proposed

activities.

(1) Quality of the Work Plan (50

Points)

(a) Specific services and/or activities

(15 Points). Specifically, HUD will

consider the extent to which your

proposed activities will:

(i) Meet an identified important need;

and

(ii) Relate to and not duplicate other

activities in the target area.

(b) Community Involvement (10

points) HUD will consider the extent to

which you have involved the

community in all stages of the proposed

project.

(c) Work Plan Impact (15 Points).

HUD will consider the feasibility of

success of your program, the measurable

objectives, and how timely your

products will be delivered. Specifically,

HUD will examine the extent to which:

(i) The project you propose can be

completed within the two year grant

period; and

(ii) The objectives are measurable

(e.g., the number of classrooms added,

the number of additional clients that

can be helped in an expanded small

business assistance center), result in

measurable improvement to the

community (e.g., fifty more people

receiving computer literacy training,

twenty more small businesses started,

etc.), and how well you demonstrate

that these objectives will be achieved by

your proposed management plan and

team and will result directly from your

activities.

(d) Involvement of the Faculty and

Students (10 points). The extent to

which your application proposes to use

students and faculty, as part of their

coursework, for project activities. HUD’s

goal is to encourage students and faculty

to be able to use this grant to enhance

their education experience and assist

their community at the same time.

(2) Institutionalization of Project

Activities (10 points). The extent to

which your project will result in the

kinds of proposed activities being

sustained by becoming part of the

mission of your institution. In reviewing

this subfactor, HUD will consider the

extent to which program activities relate

to your institution’s mission, benefit

students because they are part of a

service learning program at your

institution, and are reflected in the

curriculum. HUD will look at your

monetary and non-monetary

commitments to faculty and staff

continuing work in the target area or

other similar areas and to your longer

term commitment (five years after the

start of the grant) of hard dollars to

similar work.

Rating Factor 4: Leveraging Resources

(10 Points)

This factor addresses your ability to

secure community resources, which can

be combined with HUD program funds

to achieve program objectives.

In evaluating this factor, HUD will

consider the extent to which you have

established partnerships with other

entities to secure additional resources to

increase the effectiveness of the

Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices 24239

proposed activities. Resources may

include funding or in-kind

contributions, such as services or

equipment. Resources may be provided

by governmental entities, e.g., the Tribe,

the Federal government (BIA, HHS,

Education), etc., public or private

nonprofit organizations, for-profit

private organizations, or other entities.

You may also establish partnerships

with other program funding recipients

to coordinate the use of resources in the

target area.

You may count overhead and other

institutional costs (e.g., salaries) that are

waived as leveraging. However, higher

points will be awarded if you secure

leveraging resources from sources

outside your institution.

You must provide letters or other

documentation showing the extent and

firmness of commitments of leveraged

funds (including your own resources) in

order for these resources to count in

determining points under this factor.

Commitment letters must state a dollar

amount in order to earn points for this

factor. If your application does not

include evidence of leveraging, it will

receive zero (0) points for this Factor.

(C) Selections. In order to be funded,

you must receive a minimum score of 70

points. HUD will fund applications in

rank order, until it has awarded all

available funds. If two or more

applications have the same number of

points, the application with the most

points for Factor 3, Soundness of

Approach, shall be selected. If there is

still a tie, the application with the most

points for Factor 1, Capacity, shall be

selected.

After all application selections have

been made, HUD may require that you

participate in negotiations to determine

the specific terms of the Statement of

Work and the grant budget. In cases

where HUD cannot successfully

complete negotiations, or you fail to

provide HUD with requested

information, an award will not be made.

In such instances, HUD may elect to

offer an award to the next highest

ranking applicant, and proceed with

negotiations with that applicant.

HUD will not fund specific proposed

activities that do not meet one of the

national objectives referenced in Section

IIIC above. In addition, HUD reserves

the right to fund less than the full

amount requested in your application if

any of your proposed activities is not

eligible for funding under the statute

creating this program.

V. Application Submission

Requirements

You should include an original and

two copies of the items listed below. In

order to be able to recycle paper, please

do not submit applications in bound

form. Binder clips or loose leaf binders

are acceptable. Also, please do not use

colored paper. Please note the page

limits for some of the items listed below

and do not exceed them.

Your application must contain the

items listed in this section. These items

include the standard forms,

certifications, and assurances found in

Appendix A of this NOFA. The

remaining application items that are

forms (i.e., excluding such items as

narratives), referred to as the ‘‘nonstandard forms,’’ can be found as

Appendix B of this NOFA. The items

are as follows:

(A) SF–424, Application for Federal

Assistance.

(B) HUD–424, Federal Assistance

Funding Matrix.

(C) Application Checklist. 

(D) Transmittal Letter, signed by the

Chief Executive Officer of your

institution or his or her designee. If

someone else in your institution signs

this letter, your application must

include an official designation of

signing authority to that person.

(E) Abstract/Executive Summary (one

page limit) describing the goals and

activities of the project.

(F) Narrative Statement Addressing

the Factors for Award. (50 page limit,

including tables, and maps, but not

including any letters of commitment

and budget forms)

(1) The Statement of Work

incorporates all activities to be funded

in your application and details how

your proposed work will be

accomplished. (Please note that

although submitting pages in excess of

the page limit will not disqualify your

application, HUD will not consider the

information on any excess pages, which

may result in a lower score or failure to

meet a threshold.) For each proposed

activity, your Statement of Work must:

(a) Present a step-by-step breakdown

of the major activities for which you

seek funding (e.g., rehabilitation of a

business development center,

construction of new classrooms),

identify the primary persons (as

described in addressing Rating Factor 1)

involved in carrying out the activity and

accountable for the deliverables, and

delineate the major tasks involved in

carrying it out. You should also describe

how each activity meets one of the

national objectives referenced in Section

IIIC above.

(b) Indicate the sequence in which

tasks are to be performed, noting areas

of work that must be performed

simultaneously. The sequence, duration,

and the products to be delivered should

be presented in six month intervals, up

to 24 months.

(c) Identify the specific numbers of

quantifiable intermediate and end

products and objectives (e.g., the

number of classrooms added, the

number of additional clients that can be

helped in an expanded small business

assistance center, etc.) you aim to

deliver by the end of the grant period as

a result of the work performed.

(d) Provide a description of how any

proposed new construction or

renovation of existing facilities will

comply with the accessibility

requirements of Section 504 of the

Rehabilitation Act of 1973 (24 CFR part

8.21).

(2) The budget presentation should be

consistent with the Statement of Work

and include:

(a) A budget by activity, using Form

HUD–30006 included in the application

kit and Appendix B of this NOFA. This

form separates the Federal and nonFederal costs of each program activity.

Particular attention should be paid to

accurately estimating costs; determining

the necessity for and reasonableness of

costs; and correctly computing all

budget items and totals.

(b) A narrative statement of how you

arrived at your costs, for any line item

over $5,000. Indirect costs must be

substantiated and the rate must have

been approved by the cognizant Federal

agency. If you are proposing to

undertake rehabilitation of residential,

commercial, or industrial structures or

acquisition, construction, or installation

of public facilities and improvements,

you must submit reasonable costs

supplied by a qualified entity other than

your institution (e.g., an architect,

engineer, construction firm, etc.).

(3) Your narrative statement

addressing the factors for award should

address each of the four factors for

award. (Please note that although

submitting pages in excess of the page

limit will not disqualify your

application, HUD will not consider the

information on any excess pages, which

may result in a lower score or failure to

meet a threshold.)

In addressing Factor 4, for each

leveraging source, cash or in-kind, you

must submit a letter, dated no earlier

than the date of this NOFA, from the

provider on the provider’s letterhead

that addresses the following:

• The dollar amount or dollar value

of the in-kind goods and/or services

committed. For each leveraging source,

the dollar amount in the commitment

letter must be consistent with the dollar

amount you indicated in the Budget;

• How the leveraging amount is to be

used;

24240 Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices

• The date the leveraging amount will

be made available;

• Any terms and conditions affecting

the commitment, other than receipt of a

HUD TCUP Grant; and

• The signature of the appropriate

executive officer authorized to commit

the funds and/or goods and/or services.

(See the application kit and Appendix B

for a sample commitment letter.)

(G) Certifications.

(1) SF–424B, Assurances for NonConstruction Programs or SF–424D,

Assurances-Construction Programs,

depending on the activities you propose

to undertake.

(2) HUD–50071, Certification of

Payments to Influence Certain Federal

Transactions;

(3) SF–LLL, Disclosure of Lobbying

Activities (if applicable);

(4) HUD–2880, Applicant/Recipient

Disclosure/Update Form;

(5) HUD–50070, Certification of DrugFree Workplace;

(6) HUD–2992, Certification

Regarding Debarment and Suspension.

(H) Acknowledgment of Receipt of

Applications (HUD–2993). If you wish

to confirm that HUD received your

application, please complete this form.

This form is optional.

(I) Client Comment and Suggestions

(HUD–2994). If you wish to offer

comments on the TCUP NOFA, please

complete this form. This form is

optional.

You may not submit appendices or

general support letters or resumes. If

you submit letters of leveraging

commitment, they must be included in

your response to Factor 4. If you submit

other documentation, it must be

included with the pertinent factor

responses (taking note of the page limit).

VI. Corrections to Deficient

Applications

After the application due date, HUD

may not, consistent with its regulations

in 24 CFR part 4, subpart B, consider

any unsolicited information you, the

applicant, may want to provide. HUD

may contact you, however, to clarify an

item in your application or to correct

technical deficiencies. You should note,

however, that HUD may not seek

clarification of items or responses that

improve the substantive quality of your

response to any rating factors. In order

not to unreasonably exclude

applications from being rated and

ranked, HUD may, however, contact

applicants to ensure proper completion

of the application and will do so on a

uniform basis for all applicants.

Examples of curable (correctable)

technical deficiencies include your

failure to submit the proper

certifications or your failure to submit

an application that contains an original

signature by an authorized official. In

each case, HUD will notify you in

writing by describing the clarification or

technical deficiency. HUD will notify

applicants by facsimile or by mail,

return receipt requested. You must

submit clarifications or corrections of

technical deficiencies in accordance

with the information provided by HUD

within 14 calendar days of the date of

receipt of the HUD notification. If your

deficiency is not corrected within this

time period, HUD will reject your

application as incomplete, and it will

not be considered for funding.

VII. Environmental Requirements

Environmental Impact. A Finding of

No Significant Impact with respect to

the environment has been made in

accordance with HUD regulations at 24

CFR part 50 that implement section

102(2)(C) of the National Environmental

Policy Act of 1969. The Finding of No

Significant Impact is available for public

inspection between 7:30a.m. and 5:30

p.m. weekdays in the Office of the Rules

Docket Clerk in Room 10276 of the HUD

Headquarters Building.

Environmental Review. Certain

eligible activities under this NOFA are

categorically excluded from review

under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321) and

are not subject to review under related

laws, in accordance with 24 CFR 50.19

(b)(1), (b)(3), (b)(12), or (b)(14). Selection

for award does not constitute approval

of any proposed sites. If the TCUP

application proposes the use of grant

funds to assist any non-exempt

activities, following selection for award,

HUD will perform an environmental

review of activities proposed for

assistance under the program, in

accordance with 24 CFR part 50. The

results of the environmental review may

require that your proposed activities be

modified or that your proposed sites be

rejected. You are particularly cautioned

not to undertake or commit funds for

acquisition or development of proposed

properties prior to HUD approval of

specific properties or areas. Your

application constitutes an assurance

that your institution will assist HUD to

comply with part 50; will supply HUD

with all available and relevant

information to perform an

environmental review for each proposed

property; will carry out mitigating

measures required by HUD or select

alternate property; and will not acquire,

rehabilitate, convert, lease, repair, or

construct property and not commit or

expend HUD or local funds for these

program activities with respect to any

eligible property until HUD approval of

the property is received. In supplying

HUD with environmental information,

you should use the same guidance as

provided in the HUD Handbook entitled

‘‘Field Environmental Review

Processing for HUD Colonias Initiative

Grants’’ issued January 27, 1999.

VIII. Other Matters

(A) Executive Order 13132,

Federalism. Executive Order 13132

(entitled ‘‘Federalism’’) prohibits, to the

extent practicable and permitted by law,

an agency from promulgating policies

that have federalism implications and

either impose substantial direct

compliance costs on State and local

governments and are not required by

statute, or preempt State law, unless the

relevant requirements of section 6 of the

Executive Order are met. This NOFA

does not have federalism implications

and does not impose substantial direct

compliance costs on State and local

governments or preempt State law

within the meaning of the Executive

Order.

(B) Prohibition Against Lobbying

Activities. You, the applicant, are

subject to the provisions of section 319

of the Department of Interior and

Related Agencies Appropriation Act for

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

Byrd Amendment), which prohibits

recipients of Federal contracts, grants,

or loans from using appropriated funds

for lobbying the executive or legislative

branches of the Federal Government in

connection with a specific contract,

grant, or loan. You are required to

certify, using the certification found at

Appendix A to 24 CFR part 87, that you

will not, and have not, used

appropriated funds for any prohibited

lobbying activities. In addition, you

must disclose, using Standard Form

LLL, ‘‘Disclosure of Lobbying

Activities,’’ any funds, other than

Federally appropriated funds, that will

be or have been used to influence

Federal employees, members of

Congress, and congressional staff

regarding specific grants or contracts.

Tribes and tribally designated housing

entities (TDHEs) established by an

Indian tribe as a result of the exercise of

the tribe’s sovereign power are excluded

from coverage of the Byrd Amendment,

but tribes and TDHEs established under

State law are not excluded from the

statute’s coverage.

(C) Section 102 of the HUD Reform

Act; Documentation and Public Access

Requirements. Section 102 of the

Department of Housing and Urban

Development Reform Act of 1989 (42

U.S.C. 3545) (HUD Reform Act) and the

regulations codified in 24 CFR part 4,

Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices 24241

subpart A, contain a number of

provisions that are designed to ensure

greater accountability and integrity in

the provision of certain types of

assistance administered by HUD. On

January 14, 1992 (57 FR 1942), HUD

published a notice that also provides

information on the implementation of

section 102. The documentation, public

access, and disclosure requirements of

section 102 apply to assistance awarded

under this SuperNOFA as follows:

(1) Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this SuperNOFA are

sufficient to indicate the basis upon

which assistance was provided or

denied. This material, including any

letters of support, will be made

available for public inspection for a 5-

year period beginning not less than 30

days after the award of the assistance.

Material will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations in 24

CFR part 15.

(2) Disclosures. HUD will make

available to the public for 5 years all

applicant disclosure reports (HUD Form

2880) submitted in connection with this

SuperNOFA. Update reports (update

information also reported on Form

2880) will be made available along with

the applicant disclosure reports, but in

no case for a period less than 3 years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 5.

(3) Publication of Recipients of HUD

Funding. HUD’s regulations at 24 CFR

4.7 provide that HUD will publish a

notice in the Federal Register on at least

a quarterly basis to notify the public of

all decisions made by the Department to

provide:

(i) Assistance subject to section 102(a)

of the HUD Reform Act; or

(ii) Assistance that is provided

through grants or cooperative

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

not provided on the basis of a

competition.

(D) Section 103 HUD Reform Act.

HUD’s regulations implementing section

103 of the Department of Housing and

Urban Development Reform Act of 1989

(42 U.S.C. 3537a), codified in 24 CFR

part 4, subpart B, apply to this funding

competition. The regulations continue

to apply until the announcement of the

selection of successful applicants. HUD

employees involved in the review of

applications and in the making of

funding decisions are limited by the

regulations from providing advance

information to any person (other than an

authorized employee of HUD)

concerning funding decisions, or from

otherwise giving any applicant an unfair

competitive advantage. Persons who

apply for assistance in this competition

should confine their inquiries to the

subject areas permitted under 24 CFR

part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Ethics Law Division at (202)

708–3815. (This is not a toll-free

number.) For HUD employees who have

specific program questions, the

employee should contact the

appropriate field office counsel, or

Headquarters counsel for the program to

which the question pertains.

(F) Catalogue of Federal Domestic

Assistance.

The Catalogue of Federal Domestic

Assistance number is: 14.519.

IX. Authority

This program was approved by the

Congress under the CDBG appropriation

for Fiscal Year 2001, as part of the FY

2001 HUD Appropriations Act (Public

Law 106–377). TCUP is being

implemented through this NOFA and

the policies governing its operation are

contained herein.

Dated: May 7, 2001.

Mel Martinez,

Secretary.

Appendix A

The standard forms, which follow, are

required for your TCUP application.

Appendix B

The non-standard forms, which follow, are

required for your TCUP application.

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[FR Doc. 01–11957 Filed 5–10–01; 8:45 am]

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