9726 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Community Planning and

Development

[Docket No. N–95–3876; FR–3817–N–01]

Youthbuild: Notice of Funds

Availability for Youthbuild Programs

Fiscal Year 1995

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Notice of Funds Availability for

the FY 1995 Youthbuild Competition.

SUMMARY: This Notice of Funds

Availability (NOFA) announces the

availability of up to $74.1 million of

Fiscal Year 1995 program funds

(including Fiscal Year 1994 funds that

were merged with the 1995

appropriation) for grant assistance

under the Youthbuild Program

established by the Housing and

Community Development Act of 1992.

These funds will be awarded

competitively. Both planning and

implementation grants will be funded,

but combined grants covering both types

of awards will not be funded under this

current competition. The body of this

NOFA contains information on the

following: the purpose of the NOFA,

information regarding eligibility,

available funding, the application

process and selection criteria.

APPLICATION SUBMISSION: An original and

one copy of the completed application

for grant funds must be received in HUD

Headquarters prior to close of business

on May 8, 1995. Applications will be

accepted at the following address:

Processing and Control Unit, Office of

Community Planning and Development,

Department of Housing and Urban

Development, 451 Seventh Street SW.,

Room 7255, Washington, DC 20410.

ATTN: Youthbuild. At close of business

on the deadline date, applications will

be received at either room 7255 or the

South Lobby of the Department of

Housing and Urban Development at the

above address.

Applications which are mailed prior

to May 8, 1995, but not received until

after the deadline will be deemed to

have been received by the date if

postmarked by the United States Postal

Service by no later than May 5, 1995.

Express delivery items received after

May 8, 1995, will be deemed to have

been received by the deadline upon

submission of documentary evidence

that they were placed in transit with the

express delivery service by no later than

May 6, 1995. Applications may not be

submitted by facsimile (FAX).

FOR A COPY OF THE APPLICATION PACKAGE,

CONTACT: The HUD Processing and

Control Unit, Office of Community

Planning and Development, U.S.

Department of Housing and Urban

Development, 451 Seventh Street SW.,

Room 7255, Washington, DC 20410.

Requests for application packages for

the current competition must be made

in writing, but may be faxed to (202)

708–3363. (This is not a toll-free

number.) Applicants are strongly

encouraged to use the fax transmission

method to request applications, as it

promotes accurate information and

expedites HUD’s response time.

Requests for application packages must

include the applicant organization’s

name, contact person, mailing address,

zip code, area code and telephone

number, and must refer to ‘‘Youthbuild’’

document FR–3817. The Youthbuild

application package contains

appropriate instructions, forms and

required certifications for completing a

grant request. Requests for Youthbuild

application packages for the current

competition should be made

immediately. HUD will distribute

application packages as soon as they

become available.

FOR FURTHER INFORMATION CONTACT: All

procedural and substantive questions

should be directed to the Office of

Economic Development, Department of

Housing and Urban Development, Room

7136, 451 Seventh Street SW.,

Washington DC 20410; telephone (202)

708–2035 or TDD (202) 708–1455 for the

hearing impaired. These are not toll-free

numbers.

SUPPLEMENTARY INFORMATION: The

information collection requirements

contained in this Notice have been

approved under the Paperwork

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

3520) by the Office of Management and

Budget (OMB), and have been assigned

OMB control number 2506–0142,

expiration date August 31, 1996.

I. Program Purpose

The purposes of the Youthbuild

program are (1) to provide economically

disadvantaged young adults with

opportunities to obtain education,

employment skills and meaningful onsite work experience as a service to their

communities and a means to achieve

self-sufficiency; (2) to foster the

development of leadership skills and

commitment to community; and (3) to

expand the supply of permanent

affordable housing for homeless and

low- and very low-income persons by

providing planning grants for program

design and implementation grants for

carrying out a Youthbuild Program.

A. Authority

The Youthbuild program is

authorized under subtitle D of title IV of

the Cranston-Gonzales National

Affordable Housing Act (42 U.S.C. 8011)

(the Act), as added by section 164 of the

Housing and Community Development

Act of 1992 (Pub. L. 102–550).

Implementing Regulations are found in

the Final Rule published elsewhere is

today’s Federal Register.

B. Funding Availability

This Notice announces the

availability of approximately $74.1

million in program funds. HUD intends

to use approximately $5 million of this

amount for planning grants, with the

remainder for implementation grants. Of

the total amount of program funds,

$26.6 million was originally

appropriated by the HUD appropriations

act for Fiscal Year 1994 (Pub. L. 103–

124, enacted October 28, 1993) and

$47.5 million was appropriated by the

HUD appropriations act for Fiscal Year

1995 (Pub. L. 103–327, enacted

September 28, 1994). The latter act

merged these two appropriations. Any

unobligated funds from previous

competitions or additional funds that

become available as a result of

deobligations from previous awards may

also be used to fund applications

submitted in response to this NOFA.

Five percent of each fiscal year’s

program funds may be set aside for

emergency purposes.

HUD may use any of the above funds

to correct procedural errors from the

previous competition in the event that

HUD determines that the correction of

the errors would have meant that the

applications should have been funded

under that competition. This provision

is restricted to applicants who filed an

appeal based on a procedural scoring

error, in writing, no later than

November 7, 1994 (four months from

the announcement of FY 93 awards),

and for which HUD determines that

there was a procedural error.

In addition to the above program

funds, $3.9 million is planned for

technical assistance consistent with

section 458(d) of the Act.

C. Objectives

The Youthbuild program is designed

to help disadvantaged young adults who

have dropped out of high school to 1)

obtain the education and employment

skills necessary to achieve economic

self-sufficiency and 2) develop

leadership skills and a commitment to

community development in low-income
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9727

communities. Grant funds can be used

to fund eligible educational and support

services and activities, as defined by the

Act, composed of basic skills instruction

and remedial education, employment

skills and leadership development, and

counseling and other support services.

Another important objective of the

Youthbuild program is to expand the

supply of permanent affordable housing

for homeless persons and members of

low- and very low-income families.

Giving disadvantaged young adults

meaningful on-site training experiences

in housing construction and

rehabilitation enables them to provide a

service to their communities by helping

to meet the housing needs of homeless

and low-income families.

An additional purpose of the program

is to give, to the greatest extent feasible,

and consistent with existing Federal,

State, and local laws and regulations,

job training, employment, contracting

and other economic opportunities to

low-income persons and business

concerns. To that purpose, section 3 of

the Housing and Urban Development

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

applicable to Youthbuild

implementation grant recipients.

II. Overview of Youthbuild Planning

and Implementation Grants

A. Types of Grants

HUD will award Youthbuild planning

grants to eligible applicants for the

purpose of planning Youthbuild

programs in accordance with subtitle D

of title IV of the Cranston-Gonzales

National Affordable Housing Act

(NAHA). HUD will award Youthbuild

implementation grants to eligible

applicants for the purpose of carrying

out Youthbuild programs in accordance

with subtitle D. Applications will be

selected in a competition in accordance

with the grant selection process

described in section V. below.

B. Maximum Awards

Under the competitions established

by this NOFA, the maximum award for

a Youthbuild planning grant is $100,000

and the maximum award for a

Youthbuild implementation grant is

$1,000,000. No amendments will be

made to awards under this competition

that will increase previously approved

grant amounts.

C. Locational Considerations

(1) Planning grants: HUD will not

approve multiple applications for

planning grants in the same jurisdiction,

unless HUD determines that the

jurisdiction is sufficiently large to

justify approval of more than one

application.

(2) Implementation grants: Each

application for an implementation grant

may only include activities to carry out

one Youthbuild program, i.e., to start a

new Youthbuild program or to fund new

classes of Youthbuild participants for an

existing program. The same applicant

organization may submit more than one

application in the current competition if

the proposed programs are in different

jurisdictions. HUD will not approve

multiple applications for

implementation grants in the same

jurisdiction unless HUD determines that

the jurisdiction is sufficiently large to

justify approval of more than one

application.

D. Eligible Applicants

Eligible applicants are public or

private nonprofit agencies, state or local

housing agencies or authorities, states or

units of general local government,

Indian tribes or any other entity eligible

to provide education and employment

training under other Federal

employment training programs, as

further defined in 24 CFR 585.4.

E. Youthbuild Program Components

Youthbuild programs receiving

assistance under this NOFA (for either

program planning or implementation)

must contain the three components

described in items (1), (2) and (4) below.

Other activities described in item (3) are

optional.

(1) Educational and job training

services.

(2) Leadership training, counseling

and other support activities.

(3) Special activities such as

entrepreneurial training, drivers’

education, internships, programs for

those with learning disabilities, and inhouse staff training. (Optional)

(4) On-site training through actual

housing rehabilitation and/or

construction work. Each program must

be structured so that 50 percent of each

participant’s time is spent in on-site

training.

Refer to 24 CFR 585.3 for a detailed

description of program components.

F. Eligible Participants

All participants in a Youthbuild

program must be very low-income high

school dropouts between the ages of 16

and 24, inclusive, at the time of

enrollment. Up to 25 percent of

participants may be above very lowincome or high school graduates (or

equivalent), but must have educational

needs that justify their participation in

the program.

G. Eligible Activities

(1) Planning grant activities used to

develop a Youthbuild program may

include:

(a) feasibility studies and research;

(b) establishment of a consortium of

public and private participants,

including service providers, housing

developers, labor unions, etc.;

(c) identification of housing sites and

arrangements for participants to have

access;

(d) preliminary architectural and

engineering work and cost estimates;

(e) the development of the

educational, training, leadership

development, counseling and other

support service components of a

Youthbuild program, including the

staffing requirements;

(f) the preparation of an

implementation grant application; and

(g) administrative costs. Youthbuild

funds for these costs may not exceed 15

percent of the total amount of

Youthbuild assistance.

Refer to 24 CFR 585.205 for further

details on eligible planning activities.

(2) Implementation grant activities

used to conduct a Youthbuild program

may include:

(a) work and activities associated with

the acquisition, rehabilitation, or

construction of the housing and related

facilities to be used in the program;

(b) relocation payments and other

assistance required to comply with 24

CFR 585.308.

(c) costs for the ongoing training and

technical assistance needs of the

applicant that are related to carrying out

a Youthbuild program.

(d) education, job training,

counseling, employment and leadership

development services and activities;

(e) wages, benefits and need-based

stipends for participants; and

(f) administrative costs. Youthbuild

funds for these costs may not exceed 15

percent of the total amount of

Youthbuild assistance.

Refer to 24 CFR 585.305 for further

details on eligible implementation

activities.

H. Resources from Other Federal, State,

Local or Private Entities

Applicants are encouraged to use

existing housing and homeless

assistance programs administered by

HUD or other Federal, State, local or

private housing programs as part of their

Youthbuild programs. Use of other

Federal, State, local or private funds

available for vocational, adult and

bilingual education programs or for job

training under the JTPA Act and the

Family Support Act of 1988 is also
9728 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices

encouraged. The selection process

described in this NOFA provides for

applicants to receive points where grant

applications contain evidence of interest

(for planning applications) or

commitments (for implementation

applications) from Federal, State, local,

or private sources to provide resources

to carry out Youthbuild activities.

I. Environmental Procedures and

Standards

Implementation grant applicants are

encouraged to select hazard-free and

problem-free properties for their

Youthbuild projects. Environmental

procedures apply to HUD approval of

implementation grants when the

applicant proposes to use Youthbuild

funds to cover any costs for the lease,

acquisition, rehabilitation, or new

construction of real property proposed

for housing project development.

Environmental procedures do not apply

to HUD approval of implementation

applications when applicants propose to

use their Youthbuild funds solely to

cover any costs for classroom and/or onthe-job construction training and

support services.

For those implementation grant

applicants that propose to use their

Youthbuild funds to cover any costs of

the lease, acquisition, rehabilitation, or

new construction of real property, the

applicant shall submit all relevant

environmental information in its

application to support HUD decisionmaking in accordance with the

environmental procedures and

standards set forth in 24 CFR 585.307.

J. Grant Periods

Funds awarded for a planning grant

should be used within 12 months of the

effective date of the planning grant

agreement. Funds awarded for an

implementation grant should be used

within 30 months of the effective date

of the implementation grant agreement.

III. Selection Criteria for Youthbuild

Applications

HUD will review each application for

a planning or an implementation grant

and assign points in accordance with

the selection criteria described in this

section. Where there are differences

between the criteria for planning and

implementation applications, they are

so noted. Each application will be

assigned up to 100 points. In addition,

applications may receive up to 5 bonus

points for AmeriCorps participation (see

section F below), and implementation

applications may receive an additional

10 housing priority points (see section

G below).

A. Capability: the qualifications,

experience, or potential capabilities of

the applicant and participating parties.

(Maximum Points: 25) The capability of

the applicant and participating parties

to plan or implement a successful young

adult education and training program

within a reasonable time period, within

budget, and in an effective manner as

demonstrated through past performance.

In assigning points for this criterion,

HUD will consider evidence in the

application that demonstrates:

(1) Young adult education and

training experience: The past

performance and experience of the

applicant entity or other participating

parties (applicant’s partner, member of

local Youthbuild consortium, or other

entity participating in the program) in

planning or implementing young adult

education and training programs,

including programs for low-income

persons from economically distressed

neighborhoods, or an explanation of

how such capability will be obtained.

(2) Young adult leadership

development experience: The past

experience of the applicant entity or

other participating party in providing

leadership development training and

activities for young adults, or an

explanation of how such capability will

be obtained.

(3) Housing experience: The

knowledge, experience, and

performance of the applicant entity or

other participating parties in producing

sound and affordable housing for the

homeless and low-income families, or

an explanation of how such knowledge

and experience will be obtained.

B. Need: the need for the proposed

program, as determined by the degree of

distress of the community. (Maximum

Points: 20) In assigning points for this

criterion, HUD will consider the relative

degree of distress of the jurisdiction(s)

from which participants will be

recruited and in which the housing will

be constructed or rehabilitated. HUD

will calculate the degree of need of the

jurisdiction(s) in which the program

will be located from generally available

data. In addition, HUD will consider

information provided by the applicant

on the distress of target areas within the

jurisdiction(s).

C. Program Quality and Feasibility:

comprehensiveness and effectiveness of

the proposed Youthbuild program.

(Maximum Points: 35) HUD will

consider the overall quality and

feasibility of the proposed program as

measured by the principles and goals of

the proposed program, whether

proposed program activities meet the

overall objectives of the Youthbuild

program, whether the proposed program

activities will be accomplished within a

reasonable time and at reasonable

expense, whether the proposed program

activities are comprehensive and

integrated, and the potential success of

the proposed program. Planning

applications will be evaluated by the

extent to which the applicant describes

a strategy for developing plans.

Implementation applications will be

evaluated by the actual plan. Areas to be

considered in this evaluation are:

(1) Outreach, recruitment and

selection activities: A description of the

proposed (a) outreach, recruitment

(including specific steps to be taken to

attract potential eligible participants

who are unlikely to be aware of this

program because of race, ethnicity, sex,

or disability) and selection strategies; (b)

special outreach efforts to recruit

eligible young women and young

women with dependent children; and

(c) recruitment arrangements made with

public agencies, courts, homeless

shelters, local school systems,

community-based organizations, etc.;

(2) Educational and job training

services and activities: A description of

the educational component of the

program, including: (a) the types of

instructional services to be provided; (b)

the number and qualifications of

program instructors and ratio of

instructors to participants; (c) realistic

scheduling plan for classroom and onthe-job training; and (d) reasonable

payments of participant wages,

stipends, and incentives.

(3) Leadership development and

support services: A description of the

leadership development, counseling,

and referral services to be offered to

participants, including: (a) leadership

development strategies and activities

and plans to build group cohesion and

peer support; and (b) the type of

counseling and support services and/or

need-based stipends to be provided.

(4) Coordination: A description of

how the Youthbuild program will make

use of ongoing Federal, State, Indian

tribe, local, private and communitybased services and activities associated

with (a) educational, job training, child

care, social services, counseling and

referral services; (b) homeless and

housing programs; and (c)

apprenticeship programs of local

building trade unions.

(5) On-site training: A description of

(a) the housing construction or

rehabilitation activities to be undertaken

by participants at the site(s) to be used

for the on-site training component of the

program, (b) the qualifications and

number of on-site supervisors; and (c)

the amounts, reasonable wages and/or
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9729

stipends to be paid to participants

during on-site work.

(6) Job placement assistance: A

description of the applicant’s strategies

and procedures for (a) participant

placement in meaningful employment,

enrollment in post-secondary education

programs, job development, starting

business enterprises, or other

opportunities leading to economic

independence; and (b) follow-up

assistance and support activities to

program graduates.

(7) Program evaluation: A description

of a comprehensive evaluation plan that

is designed to measure the success of

the program.

D. Program Resources: expressions of

interest (for planning applications) or

commitment of resources (for

implementation applications) obtained

from other Federal, State, local and

private sources. (Maximum Points: 10)

In assigning points for this criterion,

HUD will consider the extent of interest

or level of resources obtained for cash

or in-kind contributions to cover the

following kinds of areas:

(1) social services (i.e., counseling and

training);

(2) use of existing vocational, adult,

bilingual educational courses;

(3) use of housing stock and/or

housing funds available through

existing public or private programs;

(4) construction and/or rehabilitation

loans, grants, or interest rate subsidies;

(5) donation of labor, resource

personnel, supplies, materials,

classroom and/or meeting space;

(6) architectural and engineering

work:

(7) public improvements, tax

abatements, or other commitments.

E. Empowerment Zone/Enterprise

Community: Up to 10 points will be

assigned if the proposed Youthbuild

program’s participant recruitment and

housing areas are, in whole or in part,

in a Federally designated urban or rural

Empowerment Zone, Enterprise

Community, or Supplemental

Empowerment Zone, as selected by

HUD.

F. AmeriCorps Participation Bonus:

Up to 5 points may be assigned to

Youthbuild applicants who provide

evidence of application and/or selection

as an AmeriCorps program sponsor.

G. Implementation Applications Only:

Housing Program Priority Points: 10

priority points will be assigned to all

implementation applications that

contain evidence that housing funds

from other Federal, state, local or

private sources are available to cover the

costs, in full, for the following housing

activities for the proposed Youthbuild

program: acquisition, architectural and

engineering fees, construction, and

rehabilitation. Implementation

applications proposing to use

Youthbuild grant funds, in whole or in

part, for any one of the housing

activities listed above will not be

entitled to the ten priority points.

IV. Application Requirements

Applicants must complete and submit

applications for Youthbuild grants in

accordance with instructions contained

in the FY 1995 Youthbuild application

package. The application package will

request information in sufficient detail

for HUD to determine whether the

proposed activities are feasible and meet

all the requirements of applicable

statutes and regulations. In some cases,

different information is needed for

planning applications than for

implementation applications. The

application package requires a

description of the applicant’s and

participating parties’ experiences in

young adult and housing programs, a

description of the proposed Youthbuild

program, a description of other public

and private resources to be used for the

program, including other housing

resources, a schedule for the program,

budgets, identification of housing

sites(s), and demonstration of site

access. The application package also

contains certifications that the applicant

will comply with fair housing and civil

rights requirements, program

regulations, regulations in 24 CFR part

135 with regard to economic

opportunities for low-income persons

and business concerns, and other

Federal requirements. Applicants must

also certify that the proposed activities

are consistent with the HUD-approved

Consolidated Plan in accordance with

24 CFR part 91. Applicants should refer

to the Youthbuild application package

for further instructions.

V. Selection Process

In order to afford applicants every

opportunity to submit a ratable

application, while at the same time

ensuring the fairness and integrity of the

selection process, HUD is adopting the

following application submission and

selection procedures:

A. Initial Screening: During the period

immediately following the application

deadline, HUD will screen each

application to determine eligibility.

Applications will be rejected if they (1)

are submitted by ineligible applicants,

(2) do not use the current FY 95

application package, (3) propose a

program for which significant activities

are ineligible, (4) there are any

outstanding findings of noncompliance

with civil rights statutes, Executive

Orders, or regulations, as a result of

formal administrative proceedings, or

the Secretary has issued a charge against

the applicant under the Fair Housing

Act, unless the applicant is operating

under a conciliation or compliance

agreement designed to correct the areas

of noncompliance, and (5) are submitted

by applicants that have major

unresolved audit or monitoring

findings.

B. Rating and Ranking: Each eligible

application will be rated based upon the

criteria described in section III of this

NOFA, with a maximum of 105 points

assigned for planning applications and

115 points assigned for implementation

applications. Using the scores assigned,

the applications will be placed in rank

order, with separate rankings for

planning and implementation

applications. Applications will be

preliminarily selected for funding in

accordance with their rank order. To

promote national geographic diversity,

HUD reserves the right to select lowerrated applications if necessary or to

limit the amount or number of awards

per jurisdiction or State.

If two or more applications have the

same score and there are insufficient

funds to fund all of them, the

application(s) with the highest score for

the Program Quality and Feasibility

criterion shall be selected for funding. If

a tie still remains, the application(s)

with the highest score for the Capability

criterion shall be selected. In the event

of a procedural error that, when

corrected, would result in selection of

an otherwise eligible applicant during

the funding round under this NOFA,

HUD may select that application when

sufficient funds become available.

C. Clarification of Application

Information: In accordance with the

provisions of 24 CFR part 4, subpart B,

HUD may contact an applicant to seek

clarification of an item in the

application, or to request additional or

missing information, but the

clarification or the request for additional

or missing information shall not relate

to items that would improve the

substantive quality of the application

pertinent to the funding decision. For

the Youthbuild program, these

clarification items include, but are not

limited to: (a) missing or unsigned

program certifications, and (b) budget

errors or inconsistencies. For

implementation applications only, these

clarification items also include: (c)

failure to identify the address or

equivalent property site identification

for the housing project(s) to be used for

the on-site training; (d) incomplete

documentation to show that the

applicant has obtained access to the
9730 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices

housing site(s) if the applicant does not

own it; (e) failure to structure the

proposed program so that fifty percent

of the time spent by program

participants is devoted to educational

and support services and activities and

fifty percent to on-site training; (f)

failure to target the outreach and

recruitment efforts to disadvantaged

young adults between the ages of 16 and

24 years old; and (g) failure to designate

the housing to be produced in

conjunction with the program for the

use of the homeless and low- and very

low-income families. If an applicant

fails to provide the clarification as

requested, the application may be

rejected.

D. Potential Environmental

Disqualification: HUD reserves the right

to disqualify an implementation

application where one or more

environmental thresholds are exceeded

if it is determined that the

environmental review cannot be

conducted and satisfactorily completed

by HUD within the HUD review period.

(See 24 CFR 585.307.)

E. Reduction in Requested Grant

Amount: HUD will approve an

application for an amount lower than

the amount requested by the applicant

or adjust line items in the proposed

grant budget within the amount

requested (or both) if it determines that:

(1) the amount requested for one or

more eligible activities is not supported

in the application or is unreasonably

related to the service or activity to be

carried out;

(2) an activity proposed for funding

does not qualify as an eligible activity

and can be separated in the budget;

(3) the amount requested exceeds the

total cost limitation established for a

planning or implementation grant; or

(4) insufficient funds remain for the

entire request.

F. Notification of Approval or

Disapproval: HUD will notify the

selected applicants and the applicants

that have not been selected. HUD’s

notification to a selected applicant of

the amount of the grant award, based on

the approved application, will

constitute a preliminary approval by

HUD, subject to HUD and recipient

execution of the grant agreement to

initiate program activities.

VI. Other Matters

A. 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, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332). The Finding is

available for public inspection between

7:30 a.m. and 5:30 p.m. weekdays in the

Office of the Rules Docket Clerk, Office

of the General Counsel, Department of

Housing and Urban Development, Room

10276, 451 Seventh Street, SW,

Washington, DC 20410.

B. Family Executive Order

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that some of the policies

contained in this NOFA will have a

potential significant impact on the

formation, maintenance, and general

well-being of the family. The expected

expansion of the housing supply for

homeless and low- and very low-income

persons and the provision of

opportunities to economically

disadvantaged young adults to enhance

their education and employment skills

will provide a positive impact on the

family maintenance and general wellbeing. However, since the impact on the

family is beneficial and the program

involves very little HUD discretion, no

further review is necessary.

C. Federalism Executive Order

The General Counsel, as the

Designated Official under section 6(a) of

the Executive Order 12612, Federalism,

has determined that the policies

contained in this NOFA do not have

‘‘Federalism’’ implications because they

do not have substantial direct effects on

the States (including their political

subdivisions), or on the distribution of

power and responsibilities among the

various levels of government.

D. Section 102 of the HUD Reform Act—

Accountability in the Provision of HUD

Assistance.

1. Documentation and Public Access

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 five

year period beginning not less than

thirty days after the award for

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 quarterly Federal Register

notice of all recipients of HUD

assistance awarded on a competitive

basis. (See 24 CFR part 12, subpart 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 (form HUD–2880) submitted in

connection with this NOFA. Update

reports (also form HUD–2880) will be

made available along with the

applicants disclosure reports, but in no

case for a period of less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

Information Act (95 U.S.C. 552) and

HUD’s implementing regulations at 24

CFR part 15. (See 24 CFR part 12,

subpart C, and the notice published in

the Federal Register on January 16,

1992 (57 FR 1942) for further

information on disclosure

requirements.)

E. Section 103 of the HUD Reform Act—

Prohibition of Advance Disclosures of

Funding Decisions.

HUD’s regulation implementing

section 103 of the Reform Act was

published on 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. Also,

refer to (58 FR 61016), a final rule

amending part 4 regarding the

regulations of certain conduct by HUD

employees and by applicants for HUD

assistance during the selection process

for the award of financial assistance by

HUD.

Applicants who have questions

should contact the HUD Office of Ethics

(202) 708–3815 or TDD (202) 708–1455

for the hearing-impaired. (These are not

toll-free numbers.) The Office of Ethics

can provide information of a general

nature to HUD employees, as well.

F. Section 112 of the HUD Reform Act

Section 13 of the Department of

Housing and Urban Development Act

(section 112 of the Reform Act) 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 the Department

and those who are paid to provide the

influence. The second restricts the
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9731

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), and is

codified as 24 CFR part 86. If readers are

involved in any efforts to influence the

Department 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: Acting Director,

Office of Ethics, room 2158, Department

of Housing and Urban Development,

451 Seventh Street, S.W., Washington,

D.C. 20410. Telephone: (202) 708–3815;

TDD: (202) 708–1455. (These are not

toll-free numbers.) Forms necessary for

compliance with the rule may be

obtained from the local HUD Office.

G. 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) 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 and 7 CFR part 1944,

Subpart G, 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.

Indian Housing Authorities (IHAs)

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 IHAs established

under State law are not excluded from

the statute’s coverage.

Required Reporting

A certification is required at the time

application for funds is made that

Federally appropriated funds are not

being or have not been used in violation

of section 319 and the disclosure will be

made of payments for lobbying with

other than federally appropriated funds.

Also, there is a standard disclosure

form, SF–LLL, ‘‘Disclosure Form to

Report Lobbying’’, which must be used

to disclose lobbying with other than

Federally appropriated funds at the time

of application.

H. Drug-Free Workplace.

The Drug-Free Workplace Act of 1988

(41 U.S.C. 701) requires grantees of

Federal agencies to certify that they will

provide drug-free workplaces. Each

potential recipient under this NOFA

must certify that it will comply with the

drug- free workplace requirements of

the Drug-Free Workplace Act of 1988

and HUD’s implementing regulations at

24 CFR part 24, subpart F.

I. Catalog of Federal Domestic

Assistance

The Catalog of Federal Domestic

Assistance program title and number is

14.243.

Authority: 42 U.S.C. 8011; Pub.L. 102–550.

Dated: February 7, 1995.

Andrew Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 95–4120 Filed 2–17–95; 8:45 am]

BILLING CODE 4210–29–P