[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25833-25839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10927]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funding Availability of Applications (NOFA) for Section 
514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants 
for Off-Farm Housing for Fiscal Year (FY) 2010

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: This notice announces the timeframe to submit pre-applications 
for section 514 Farm Labor Housing (FLH) loans and section 516 FLH 
grants for the construction of new off-farm FLH units and related 
facilities for domestic farm laborers. The intended purpose of these 
loans and grants is to increase the number of available housing units 
for domestic farm laborers. This notice describes the method used to 
distribute funds, the application process, and submission requirements.

DATES: The deadline for receipt of all applications in response to this 
is 5 p.m., local time to the appropriate Rural Development State Office 
on July 9, 2010. The application closing deadline is firm as to date 
and hour. Rural Development will not consider any application that is 
received after the closing deadline unless date and time is extended by 
another Notice published in the Federal Register. Applicants intending 
to mail applications must provide sufficient time to permit delivery on 
or before the closing deadline. Acceptance by a post office or private 
mailer does not constitute delivery. Facsimile (FAX), and postage due 
applications will not be accepted.
    Applicants wishing to apply for assistance must contact the Rural 
Development State Office serving the State of the proposed off-farm 
labor housing project in order to receive further information and 
copies of the application package. Rural Development will date and time 
stamp incoming applications to evidence timely receipt and, upon 
request, will provide the applicant with a written acknowledgment of 
receipt. A listing of Rural Development State Offices, their addresses, 
telephone numbers, and person to contact is under section VII of this 
Notice.

[[Page 25834]]


FOR FURTHER INFORMATION CONTACT: Henry Searcy, Finance and Loan 
Analyst, Multi-Family Housing Preservation and Direct Loan Division, 
STOP 0781 (Room 1263-S), USDA Rural Development, 1400 Independence Ave. 
SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (This is not 
a toll free number.), or via e-mail: <a href="/cdn-cgi/l/email-protection#034b666d717a2d50666271607a437467602d767067622d646c75"><span class="__cf_email__" data-cfemail="69210c071b10473a0c081b0a10291e0d0a471c1a0d08470e061f">[email protected]</span></a>. If you 
have questions regarding Net Zero Energy Consumption and Energy 
Generation please contact Meghan Walsh, National Office Architect, 
Program Support Staff at (202) 205-9590 or via e-mail: 
<a href="/cdn-cgi/l/email-protection#aee3cbc9c6cfc080d9cfc2ddc6eed9cacd80dbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="236e46444b424d0d54424f504b635447400d565047420d444c55">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    The reporting requirements contained in this notice have been 
approved by the Office of Management and Budget under Control Number 
0575-0189.

Overview Information

    Federal Agency Name: Rural Development.
    Funding Opportunity Title: Notice of Funds Availability (NOFA) for 
Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing 
Grants for Off-Farm Housing for Fiscal Year 2010.
    Announcement Type: Initial Notice inviting applications from 
qualified applicants for Fiscal Year 2010.
    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 
10.427.

DATES: The deadline for receipt of all applications in response to this 
is 5 p.m., local time to the appropriate Rural Development State Office 
on July 9, 2010. The application closing deadline is firm as to date 
and hour. Rural Development will not consider any application that is 
received after the closing deadline unless date and time is extended by 
another Notice published in the Federal Register. Applicants intending 
to mail applications must provide sufficient time to permit delivery on 
or before the closing deadline. Acceptance by a post office or private 
mailer does not constitute delivery. Facsimile (FAX), and postage due 
applications will not be accepted.

I. Funding Opportunities Description

    The funds available for FY 2010 for Off-Farm Labor Housing are: 
Section 514 $22,128,195, Section 516 $7,552,845 and Rental Assistance 
$3,400,000.

II. Award Information

    Applications for FY 2010 will only be accepted through the date and 
time listed in this Notice. Since USDA Rural Development has the 
ability to adjust loan and grant levels, final loan and grant levels 
will fluctuate, and are subject to the availability of funding.
    Individual requests may not exceed $2 million (total loan and 
grant). No State may receive more than 30 percent of available FLH 
funding distributed in FY 2010. If there are insufficient applications 
from around the country to exhaust Section 514-516 funds available, the 
Agency may then exceed the 30% cap per State. Section 516 off-farm FLH 
grants may not exceed 90 percent of the total development cost (TDC) of 
the housing as defined in 7 CFR section 3560.11. Applications that will 
use leveraged funding must provide written commitments from the funding 
source at pre-application. If leverage funds are in the form of tax 
credits, the applicant must document that it has received tax credits 
or has applied and been approved to receive tax credits.
    Rental Assistance and operating assistance will be available for 
new construction in FY 2010. Operating assistance may be used in lieu 
of tenant-specific rental assistance (RA) in off-farm labor housing 
projects that serve migrant farm workers as defined in 7 CFR section 
3560.11 that are financed under section 514 or section 516(h) of the 
Housing Act of 1949, as amended (42 U.S.C. 1484 and 1486(h)) 
respectively, and otherwise meet the requirements of 7 CFR section 
3560.574. Owners of eligible projects may choose tenant-specific RA or 
operating assistance, or a combination of both; however, any tenant or 
unit assisted with operating assistance may not also receive RA.

III. Eligibility Information

A. Housing Eligibility

    Housing that is constructed with FLH loans and grants must meet 
Rural Development's design and construction standards contained in 7 
CFR part 1924, subparts A and C. Once constructed, off-farm FLH must be 
managed in accordance with the program's management regulation, 7 CFR 
part 3560. In addition, off-farm FLH must be operated on a non-profit 
basis and tenancy must be open to all qualified domestic farm laborers, 
regardless at which farm they work. Section 514(f)(3) of the Housing 
Act of 1949, as amended (42 U.S.C. 1484(f)(3)) defines domestic farm 
laborers to include any person regardless of the person's source of 
employment, who receives a substantial portion of his or her income 
from the primary production of agricultural or aquacultural commodities 
in the unprocessed or processed stage, and also includes the person's 
family.

B. Tenant Eligibility

    Tenant eligibility is limited to persons who meet the definition of 
a ``disabled domestic farm laborer'', ``a domestic farm laborer'', 
``retired domestic farm laborer,'' as defined in 7 CFR section 3560.11. 
Farmworkers who are admitted to this country on a temporary basis under 
the Temporary Agricultural Workers (H-2A Visa) program are not eligible 
to occupy section 514/516 off-farm FLH.

C. Applicant Eligibility

    (1) To be eligible to receive a section 516 grant for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, a community 
organization which can include a faith-based organization, a nonprofit 
organization of farm workers, a federally recognized Indian tribe, an 
agency or political subdivision of a State or local government, or a 
public agency (such as a housing authority). The applicant must be able 
to contribute at least one-tenth of the TDC non-Rural Development 
resources which can include leveraged funds.
    (2) To be eligible to receive a section 514 loan for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, a community 
organization which can include a faith-based organization, a nonprofit 
organization of farm workers, a federally recognized Indian tribe, an 
agency or political subdivision of a State or local government, a 
public agency (such as a housing authority), or a limited partnership 
which has a nonprofit entity as its general partner, and
    (i) be unable to provide the necessary housing from its own 
resources; and
    (ii) except for State or local public agencies and Indian tribes, 
be unable to obtain similar credit elsewhere at rates that would allow 
for rents within the payment ability of eligible residents.
    (iii) broad-based nonprofit organizations must have a membership 
that reflects a variety of interests in the area where the housing will 
be located.

IV. Administrative Requirements

A. Cost Sharing or Matching

    Section 516 grants for off-farm FLH may not exceed the lesser of 90 
percent of the TDC as provided in 7 CFR 3560.562(c)(1).

B. Other Requirements

    The following requirements apply to loans and grants made in 
response to this notice:

[[Page 25835]]

    (1) 7 CFR part 1901, subpart E, regarding equal opportunity 
requirements;
    (2) 7 CFR parts 3015, 3016 or 3019 (as applicable), which 
establishes the uniform administrative requirements for grants and 
cooperative agreements to State and local governments and to nonprofit 
organizations;
    (3) 7 CFR part 1901, subpart F, regarding historical and 
archaeological properties;
    (4) 7 CFR part 1940, subpart G, regarding environmental 
assessments;
    (5) 7 CFR part 3560, subpart L, regarding the loan and grant 
authorities of the off-farm FLH program;
    (6) 7 CFR part 1924, subpart A, regarding planning and performing 
construction and other development;
    (7) 7 CFR part 1924, subpart C, regarding the planning and 
performing of site development work;
    (8) For construction financed with a Section 516 grant, the 
provisions of the Davis-Bacon Act (40 U.S.C. 276(a)-276(a)-5) and 
implementing regulations published at 29 CFR parts 1, 3, and 5; and
    (9) All other requirements contained in 7 CFR part 3560, regarding 
the section 514/516 off-farm FLH program.

V. Application and Submission Information

    The application process will be in two phases: the initial pre-
application (or proposal) and the submission of a final application. 
Only those proposals that are selected for funding will be invited to 
submit final applications. In the event that a proposal is selected for 
further processing and the applicant declines, the next highest ranked 
unfunded pre-application may be selected. All pre-applications for 
sections 514 and 516 funds must be filed with the appropriate Rural 
Development State Office and must meet the requirements of this notice. 
Incomplete pre-applications will not be reviewed and will be returned 
to the applicant. No pre-application will be accepted after 5 p.m., 
local to the appropriate Rural Development State Office on July 9, 2010 
unless date and time is extended by another Notice published in the 
Federal Register.
    If a pre-application is accepted for further processing, the 
applicant must submit a complete, final application, acceptable to 
Rural Development prior to the obligation of Rural Development funds. 
If the pre-application is not accepted for further processing the 
applicant will be notified of appeal rights under 7 CFR part 11.

A. Pre-Application Requirements

    (1) The pre-application must contain the following:
    (i) A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    (a) Applicant's name.
    (b) Applicant's Taxpayer Identification Number.
    (c) Applicant's address.
    (d) Applicant's telephone number.
    (e) Name of applicant's contact person, telephone number, and 
address.
    (f) Amount of loan and grant requested.
    (g) For grants, the applicant's Dun and Bradstreet Data Universal 
Numbering System (DUNS) number. As required by the Office of Management 
and Budget (OMB), all grant applicants must provide a DUNS number when 
applying for Federal grants, on or after October 1, 2003. Organizations 
can receive a DUNS number at no cost by calling the dedicated toll-free 
number at 1-866-705-5711 or via Internet at http:www.dnb.com/us/. 
Additional information concerning this requirement can be obtained on 
the Grants.gov Web Site at http://www.grants.gov.
    (ii) A narrative verifying the applicant's ability to meet the 
eligibility requirements stated earlier in this notice. If an applicant 
is selected for further processing Rural Development will require 
additional documentation as set forth in a Conditional Commitment in 
order to verify the entity has the legal and financial capability to 
carry out the obligation of the loan.
    (iii) Standard Form 424, ``Application for Federal Assistance'' can 
be obtained at http://www.grants.gov or from any Rural Development 
State Office listed in Section VII of this Notice.
    (iv) Current (within 6 months) financial statements with the 
following paragraph certified by the applicant's designated and legally 
authorized signer:

    I/we certify the above is a true and accurate reflection of our 
financial condition as of the date stated herein. This statement is 
given for the purpose of inducing the United States of America to 
make a loan or to enable the United States of America to make a 
determination of continued eligibility of the applicant for a loan 
as requested in the loan application of which this statement is a 
part.

    (v) Check for $40 from applicants made out to United States 
Department of Agriculture. This will be used to pay for credit reports 
obtained by Rural Development.
    (vi) Evidence that the applicant is unable to obtain credit from 
other sources. Letters from credit institutions which normally provide 
real estate loans in the area should be obtained and these letters 
should indicate the rates and terms upon which a loan might be 
provided. (Note: Not required from State or local public agencies or 
Indian tribes.)
    (vii) If a FLH grant is desired, a statement concerning the need 
for a FLH grant. The statement should include preliminary estimates of 
the rents required with and without a grant.
    (viii) A statement of the applicant's experience in operating labor 
housing or other rental housing. If the applicant's experience is 
limited, additional information should be provided to indicate how the 
applicant plans to compensate for this limited experience (i.e., 
obtaining assistance and advice of a management firm, non-profit group, 
public agency, or other organization which is experienced in rental 
management and will be available on a continuous basis).
    (ix) A brief statement explaining the applicant's proposed method 
of operation and management (i.e., on-site manager, contract for 
management services, etc.). As stated earlier in this notice, the 
housing must be managed in accordance with the program's management 
regulation, 7 CFR part 3560 and tenancy is limited to ``disabled 
domestic farm laborers,'' ``domestic farm laborers,'' ``retired 
domestic farm laborers,'' as defined in 7 CFR section 3560.11.
    (x) Applicants must also provide:
    (a) A copy of, or an accurate citation to, the special provisions 
of State law under which they are organized, a copy of the applicant's 
charter, Articles of Incorporation, and By-laws;
    (b) The names, occupations, and addresses of the applicant's 
members, directors, and officers; and
    (c) If a member or subsidiary of another organization, the 
organization's name, address, and nature of business.
    (xi) A preliminary market survey or market study to identify the 
supply and demand for labor housing in the market area. The market area 
must be clearly identified and may include only the area from which 
tenants can reasonably be drawn for the proposed project. Documentation 
must be provided to justify a need within the intended market area for 
the housing of ``domestic farm laborers'', as defined in 7 CFR 3560.11. 
The documentation must take into account disabled and retired farm 
waters. The preliminary survey should address or include the following 
items:
    (a) The annual income level of farmworker families in the area and 
the probable income of the farm workers

[[Page 25836]]

who will likely to occupy the proposed housing;
    (b) A realistic estimate of the number of farm workers who remain 
in the area where they harvest and the number of farm workers who 
normally migrate into the area. Information on migratory workers should 
indicate the average number of months the migrants reside in the area 
and an indication of what type of family groups are represented by the 
migrants (i.e., single individuals as opposed to families);
    (c) General information concerning the type of labor intensive 
crops grown in the area and prospects for continued demand for farm 
laborers;
    (d) The overall occupancy rate for comparable rental units in the 
area and the rents charged and customary rental practices for these 
units (i.e., will they rent to large families, do they require annual 
leases, etc.);
    (e) The number, condition, adequacy, rental rates and ownership of 
units currently used or available to farm workers;
    (f) A description of the units proposed, including the number, 
type, size, rental rates, amenities such as carpets and drapes, related 
facilities such as a laundry room or community room and other 
facilities providing supportive services in connection with the housing 
and the needs of the prospective tenants such as a health clinic or day 
care facility, estimated development timeline, estimated total 
development cost, and applicant contribution; and
    (g) The applicant must also identify all other sources of funds, 
including the dollar amount, source, and commitment status. (Note: A 
section 516 grant may not exceed 90 percent of the total development 
cost of the housing.)
    (xii) The following forms are required:
    (a) A completed Form RD 1940-20, ``Request for Environmental 
Information,'' and a description of anticipated environmental issues or 
concerns. The form can be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1940-20.PDF.
    (b) A prepared HUD Form 935.2A, ``Affirmative Fair Housing 
Marketing Plan (AFHM) Multi-family Housing'' in accordance with 7 CFR 
1901.203(c). The plan will reflect that occupancy is open to all 
qualified ``domestic farm laborers,'' regardless of which farming 
operation they work and that they will not discriminate on the basis of 
race, color, sex, age, disability, marital or familial status or 
National origin in regard to the occupancy or use of the units. The 
form can be found at http://www.hud.gov/offices/adm/hudclips/forms/files/935-2a.pdf
    (c) A proposed operating budget utilizing Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance,'' can be 
found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF.
    (d) An estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost,'' can be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
    (e) Form RD 3560-30, ``Certification of no Identity of Interest 
(IOI),'' can be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF and Form RD 3560-31, ``Identity of 
Interest Disclosure/Qualification Certification,'' can be found at 
http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF.
    (f) Form HUD 2530, ``Previous Participation Certification,'' can be 
found at http://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.
    (g) If requesting RA or Operating Assistance, Form RD 3560-25, 
``Initial Request for Rental Assistance or Operating Assistance.'' can 
be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-25.PDF.
    (h) Form RD 400-4, ``Assurance Agreement,'' can be found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF. 
Applications for revitalization, repair and rehab are to apply through 
the Multi-Family Housing Revitalization Demonstration Program.
    (i) Evidence of compliance with Executive Order 12372. The 
applicant must send a copy of Form SF-424 to the applicant's state 
clearinghouse for intergovernmental review. If the applicant is located 
in a state that does not have a clearing house, the applicant is not 
required to submit the form.
    (xiii) Evidence of site control, such as an option contract or 
sales contract. In addition, a map and description of the proposed 
site, including the availability of water, sewer, and utilities and the 
proximity to community facilities and services such as shopping, 
schools, transportation, doctors, dentists, and hospitals.
    (xiv) Preliminary plans and specifications, including plot plans, 
building layouts, and type of construction and materials. The housing 
must meet Rural Development's design and construction standards 
contained in 7 CFR part 1924, subparts A and C and must also meet all 
applicable Federal, State, and local accessibility standards.
    (xv) A supportive services plan, which describes services that will 
be provided on-site or made available to tenants through cooperative 
agreements with service providers in the community, such as a health 
clinic or day care facility. Off-site services must be accessible and 
affordable to farm workers and their families. Letters of intent from 
service providers are acceptable documentation at the pre-application 
stage.
    (xvi) A sources and uses statement which shows all sources of 
funding included in the proposed project. The terms and schedules of 
all sources included in the project should be included in the sources 
and uses statement.
    (xvii) A separate one-page information sheet listing each of the 
``Pre-Application Scoring Criteria'' contained in this notice, followed 
by a reference to the page numbers of all relevant material and 
documentation that is contained in the proposal that supports the 
criteria.
    (xviii) Applicants are encouraged, but not required, to include a 
checklist of all of the pre-application requirements and to have their 
pre-application indexed and tabbed to facilitate the review process;
    (xix) Evidence of compliance with the requirements of the 
applicable State Housing Preservation Office (SHPO). A letter from the 
SHPO where the off-farm labor housing project is located, signed by 
their designee will serve as evidence of compliance.

V. Pre-Application Review Information

    All applications for sections 514 and 516 funds must be filed with 
the appropriate Rural Development State Office and must meet the 
requirements of this notice. The Rural Development State Office will 
base its determination of completeness of the application and the 
eligibility of each applicant on the information provided in the pre-
application.
    A. Selection Criteria. Section 514 loan funds and section 516 grant 
funds will be distributed to States based on a national competition, as 
follows:
    (1) Rural Development States will accept, review, and score pre-
applications in accordance with this notice. The scoring factors are:
    (i) The presence of construction cost savings, including donated 
land and construction leverage assistance, for the units that will 
serve program-eligible tenants. The savings will be calculated as a 
percentage of the Rural Development TDC. The percentage calculation 
excludes any costs prohibited by Rural Development as

[[Page 25837]]

loan expenses, such as a developer's fee. Construction cost savings 
includes, but is not limited to, funds for hard construction costs, and 
State or Federal funds which are applicable to construction costs. A 
minimum of ten percent cost savings is required to earn points; 
however, if the total percentage of cost savings is less than ten 
percent and the proposal includes donated land, two points will be 
awarded for the donated land. To count as cost savings for purposes of 
the selection criteria, a written commitment from the funding source 
must be submitted with the pre-application. Points will be awarded in 
accordance with the following table using rounding to the nearest whole 
number.

------------------------------------------------------------------------
                          Percentage                             Points
------------------------------------------------------------------------
75 or more....................................................        20
70-74.........................................................        19
65-69.........................................................        18
60-64.........................................................        17
50-54.........................................................        15
45-49.........................................................        14
40-44.........................................................        13
35-39.........................................................        12
30-34.........................................................        11
25-29.........................................................        10
20-24.........................................................         9
10-14.........................................................         7
5-9...........................................................         6
0-4...........................................................         0
------------------------------------------------------------------------

    Donated land in proposals with less than ten percent total cost 
savings: 2 points.
    (ii) The presence of operational cost savings, such as tax 
abatements, non- Rural Development tenant subsidies or donated services 
are calculated on a per-unit cost savings for the sum of the savings. 
Savings must be available for at least 5 years and documentation must 
be provided with the application demonstrating the availability of 
savings for 5 years. To calculate the savings, take the total amount of 
savings and divide it by the number of units in the project that will 
benefit from the savings to obtain the per unit cost savings. For non-
Rural Development tenant subsidy, if the value changes during the five 
year calculation, the applicant must use the lower of the non-rural 
development tenant subsidy to calculate per unit cost savings. For 
example, a 10 unit property with 100 percent designated farm labor 
housing units receiving $20,000 per year non-rural development subsidy 
yields a cost savings of $100,000 ($20,000*5 years); resulting to a 
$10,000 per-unit cost savings ($100,000/10 units).
    To determine cost savings in a mixed income complex that will serve 
other income levels than farm labor housing income-eligible tenants, 
use only the number of units that will serve farm labor housing income-
eligible tenants. Round percentages to the nearest whole number, 
rounding up at 0.50 and above and down at 0.49 and below.
    Use the following table to apply points.

------------------------------------------------------------------------
                     Per-Unit Cost Savings                       Points
------------------------------------------------------------------------
$15,000 and above.............................................        20
$10,001-$15,000...............................................        18
$7,501-$10,000................................................        16
$5,001-$7,500.................................................        12
$3,501-$5,000.................................................        10
$2,001-$3,500.................................................         8
$1,000 -$2,000................................................         5
------------------------------------------------------------------------

    (iii) Percent of units for seasonal, temporary, migrant housing. 
(five points for up to and including 50 percent of the units; 10 points 
for 51 percent or more units used for seasonal, temporary, or migrant 
housing.)
    (iv) Presence of tenant services.
    (a) Up to 10 points will be awarded based on the presence of and 
extent to which a tenant services plan exists that clearly outlines 
services that will be provided to the residents of the proposed 
project. These services may include, but are not limited to, 
transportation related services, on-site English as a Second Language 
(ESL) classes, move-in funds, emergency assistance funds, homeownership 
counseling, food pantries, after school tutoring, and computer learning 
centers.
    (b) Two points will be awarded for each resident service included 
in the tenant services plan up to a maximum of 10 points. Plans must 
detail how the services are to be administered, who will administer 
them, and where they will be administered. All tenant service plans 
must include letters of intent that clearly state the service that will 
be provided at the project for the benefit of the residents from any 
party administering each service, including the applicant.
    (v) Net Zero Energy Consumption. In an effort to implement USDA's 
nationwide initiative to promote sustainable building development, 
energy-efficiency and conservation, USDA Rural Development has adopted 
a goal that all new multi-family housing projects financed in whole or 
in part by the USDA, will achieve net zero energy consumption--it will 
consume no more energy than it produces. Program participation points 
will be awarded as follows:
    (a) Participation in a System Third-Party Measured and Verified 
Sustainable Development and Energy-Efficiency program. The points will 
be allocated as follows: (maximum 20 points).
    (1) Participate in the Department of Energy's Energy Star for Homes 
program: http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_multifamily_units (1 point);
    (2) Participate in the Department of Energy's Builder's Challenge 
program: http://www1.eere.energy.gov/buildings/challenge/about.html. (3 
points);
    (3) Participation in the following programs will be awarded 3 
points for each program with a maximum of 9 points:
    <bullet> Green Communities program by the Enterprise Community 
Partners (http://www.enterprisecommunity.org);
    <bullet> LEED for Homes program by the United States Green Building 
Council (USGBC) (http://www.usgbc.org); and
    <bullet> The National Association of Home Builders (NAHB) ICC 700-
2008 National Green Building Standard<SUP>TM</SUP> (http://www.nahb.org).
    (4) Participation in higher certification levels. LEED for Homes 
and ICC 700-2008 National Green Building Standard<SUP>TM</SUP> each 
have four levels of increasingly challenging certification. For 
specific information on the different levels for these programs please 
refer to their websites listed above. Projects will receive an 
additional (1) point for each higher certification level commitment 
beyond the baseline of the program. (6 Points maximum)
    (5) Participate in local green/energy efficient building standards. 
Applicants who participate in a city, county or municipality program, 
will receive an additional (1) point. Points will be awarded only if 
the applicant is cross-enrolled with a national program described under 
section VI.A.(1).
    The applicant should be aware that most of the following 
requirements are embedded in the third party programs rating and 
verification systems; the applicant should look at the requirements for 
each program for specific details:
    <bullet> Team of qualified professionals in design and construction 
of sustainable buildings;
    <bullet> Initial design meeting, ongoing third party verification 
and post-construction operations & maintenance education;
    <bullet> Tight building envelope with indoor air quality assurance;
    <bullet> Program for education of tenants and property managers in 
operations and maintenance.
    (vi) Energy Generation. To reach USDA's goal of net zero energy 
consumption, it is essential to generate renewable energy on site which 
will compliment a weather tight, well-insulated building envelope with 
highly efficient mechanical systems. Possible

[[Page 25838]]

renewable energy generation technologies include: Wind turbines and 
micro-turbines, micro-hydro power, photovoltaics, solar hot water 
systems, and biomass/biofuel systems that do not use fossil fuels in 
production. Geo-exchange systems are highly encouraged as they lessen 
the total demand for energy and, if supplemented with other renewable 
energy sources, can achieve zero energy consumption more easily. Energy 
analysis of preliminary building plans using industry recognized 
simulation software should document the projected energy consumption of 
the building, the portion of building consumption which will be 
satisfied through on-site generation, and the building's HERS (Home 
Energy Rating System) score. In order to receive points under this 
section the energy analysis will need to be submitted with the 
application. Points under this section will be awarded as follows:
    (a) New multi-family housing projects, whose preliminary building 
plans project it will consume no more energy than it produces. (10 
Points)
    (b) Projects whose preliminary building plans project they will 
have less than a one hundred percent energy generation commitment 
(where generation is considered to be the total amount of energy needed 
to be generated on-site to make the building a net-zero consumer of 
energy), will be awarded points corresponding to their percent of 
commitment (ex. 80% commitment to energy generation = 8 points or 80 
percent of 10 points).
    (2) The National Office will rank all pre-applications nationwide 
and distribute funds to States in rank order, within funding and RA 
limits. A lottery in accordance with 7 CFR 3560.56(c)(2) will be used 
for applications with tied point scores when they all cannot be funded. 
If insufficient funds or RA remain for the next ranked proposal, that 
applicant will be given a chance to modify their pre-application to 
bring it within remaining funding levels. This will be repeated for 
each next ranked eligible proposal until an award can be made or the 
list is exhausted. Rural Development will notify all applicants whether 
their applications have been accepted or rejected.

VI. Award Administration Information

1. Award Notices

    Loan applicants must submit their initial applications by the due 
date specified in this Notice. State Offices will review applications 
and provide a list to the National Office. Once the applications have 
been scored and ranked by the National Office the National Office will 
advise States Offices of the proposals selected for further processing, 
State Offices will respond to applicants by letter.
    If the application is not accepted for further processing, the 
applicant will be notified of appeal rights under 7 CFR part 11.

2. Administrative and National Policy

    All Farm Labor Housing loans and grants are subject to the 
restrictive-use provisions contained in 7 CFR section 3560.72(a)(2).

3. Reporting

    Borrowers must maintain separate financial records for the 
operation and maintenance of the project and for tenant services. 
Tenant services will not be funded by Rural Development. Funds 
allocated to the operation and maintenance of the project may not be 
used to supplement the cost of tenant services, nor may tenant service 
funds be used to supplement the project operation and maintenance. 
Detailed financial reports regarding tenant services will not be 
required unless specifically requested by Rural Development, and then 
only to the extent necessary for Rural Development and the borrower to 
discuss the affordability (and competitiveness) of the service provided 
to the tenant. The project audit, or verification of accounts on Form 
RD 3560-10, ``Borrower Balance Sheet'', together with an accompanying 
Form RD 3560-7 ``Multiple Family Housing Project Budget Utility 
Allowance'' showing actuals, must allocate revenue and expense between 
project operations and the service component.

VII. Agency Contacts

    Note: Telephone numbers listed are not toll-free.

Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael 
Road, Montgomery, AL 36106-3683, (334) 279-3618 TDD (334) 279-3495, 
Van McCloud.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 
99645, (907) 761-7740, TDD (907) 761-8905, Deborah Davis.
Arizona State Office, Phoenix Courthouse and Federal Building, 230 
North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768, 
TDD (602) 280-8706, Carol Torres.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, 
AR 72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office, 430 G Street, <greek-i>4169, Davis, CA 
95616-4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 
80215, (720) 544-2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut, Served by Massachusetts State Office.
Delaware and Maryland State Office, 1221 College Park Drive, Suite 
200, Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office, 4440 NW. 25th Place, 
Gainesville, FL 32606-6563, (352) 338-3465, TDD (352) 338-3499, 
Tresca Clemmons.
Georgia State Office, Stephens Federal Building, 355 E. Hancock 
Avenue, Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, 
Wayne Rogers.
Hawaii State Office, (Services all Hawaii, American Samoa Guam, and 
Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, 
Hilo, HI 96720, (808) 933-8305, TDD (808) 933-8321, Donald Estes.
Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709, 
(208) 378-5630, TDD (208) 378-5644, Roni Atkins.
Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 
61821-2986, (217) 403-6222, TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 
46278, (317) 290-3100 (ext. 423), TDD (317) 290-3343, Paul Neumann.
Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309, 
(515) 284-4493, TDD (515) 284-4858, Heather Honkomp.
Kansas State Office, 1303 SW. First American Place, Suite 100, 
Topeka, KS 66604-4040, (785) 271-2721, TDD (785) 271-2767, Mike 
Resnik.
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
40503, (859) 224-7325, TDD (859) 224-7422, Paul Higgins.
Louisiana State Office, 3727 Government Street, Alexandria, LA 
71302, (318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4, PO Box 405, Bangor, 
ME 04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
Street Amherst, MA 01002, (413) 253-4333, TDD (413) 253-4590, Arlene 
Nunes.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
MI 48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 
Paul, MN 55101-1853, (651) 602-7812, TDD (651) 602-7830, Nancy 
Schmidt.
Mississippi State Office, Federal Building, Suite 831, 100 W. 
Capitol Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-
5850, Darnella Smith-Murray.
Missouri State Office, 601 Business Loop 70 West, Parkade Center, 
Suite 235, Columbia, MO 65203, (573) 876-0987, TDD (573) 876-9480, 
Rachelle Long.
Montana State Office, 900 Technology Blvd. Suite B, Bozeman, MT 
59718, (406) 585-2515, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office, Federal Building, Room 152, 100 Centennial 
Mall N, Lincoln,

[[Page 25839]]

NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
5146, (775) 887-1222 (ext. 25), TDD (775) 885-0633, William Brewer.
New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 
Ferry Street, Concord, NH 03301-5004, (603) 223-6050, TDD (603) 229-
0536, Robert McCarthy.
New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic 
Dr., Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7784, 
George Hyatt, Jr.
New Mexico State Office, 6200 Jefferson St., NE., Room 255, 
Albuquerque, NM 87109, (505) 761-4944, TDD (505) 761-4938, Susan 
Gauna.
New York State Office, The Galleries of Syracuse, 441 S. Salina 
Street, Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6421, TDD 
(315) 477-6421, Michael Bosak.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2066, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East 
Rosser, PO Box 1737 Bismarck, ND 58502, (701) 530-2049, TDD (701) 
530-2113, Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High 
Street, Columbus, OH 43215-2477, (614) 255-2409, TDD (614) 255-2554, 
Cathy Simmons.
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-
2654, (405) 742-1070, TDD (405) 742-1007, Ivan S. Graves.
Oregon State Office, 1201 NE Lloyd Blvd., Suite 801, Portland, OR 
97232, (503) 414-3325, TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, 
Martha Eberhart.
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 
601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-
5332, Lourdes Colon.
Rhode Island, Served by Massachusetts State Office.
South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD 
(803) 765-5697, Larry D. Floyd.
South Dakota State Office, Federal Building, Room 210, 200 Fourth 
Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, 
Roger Hazuka or Pam Reilly.
Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, 
TN 37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9765, TDD (254) 742-9712, Scooter 
Brockette.
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, 
TDD (801) 524-3309, Janice Kocher.
Vermont State Office, City Center, 3rd Floor, 89 Main Street, 
Montpelier, VT 05602, (802) 828-6021, TDD (802) 223-6365, Heidi 
Setien.
Virgin Islands, Served by Florida State Office.
Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 
Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, CJ 
Michels.
Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA 
98512, (360) 704-7730, TDD (360) 704-7760, Susan McKitrick.
Western Pacific Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 75 High Street, Room 
320, Morgantown, WV 26505-7500, (304) 284-4872, TDD (304) 284-4836, 
David Cain.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 
54481, (715) 345-7676, TDD (715) 345-7614, Cheryl Halverson.
Wyoming State Office, P.O. Box 11005, Casper, WY 82602, (307) 233-
6715, TDD (307) 233-6733, Alan Brooks.

VIII. Non-Discrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits 
discrimination in all its programs and activities on the basis of 
race, color, national origin, age, disability, and where applicable, 
sex, marital status, familial status, parental status, religion, 
sexual orientation, genetic information, political beliefs, 
reprisal, or because all or part of an individual's income is 
derived from any public assistance program. (Not all prohibited 
bases apply to all programs.) Persons with disabilities who require 
alternative means for communication of program information (Braille, 
large print, audiotape, etc.) should contact USDA's TARGET Center at 
(202) 720-2600 (voice and TDD). To file a complaint of 
discrimination, write to USDA, Director, Office of Civil Rights, 
1400 Independence Avenue, SW., Washington, DC 20250-9410, or call 
(800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal 
opportunity provider and employer.

    May 4, 2010.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2010-10927 Filed 5-7-10; 8:45 am]
BILLING CODE 3410-XV-P


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