10438 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Community Planning and

Development

[Docket No. N–95–3877; FR–3855–N–01]

NOFA for the John Heinz

Neighborhood Development Program

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Notice of funding availability

for Fiscal Year 1995.

SUMMARY: This NOFA announces the

availability of $4,750,000 in funding for

the FY 1995 John Heinz Neighborhood

Development Program. Interested

persons should apply for FY 1995

program funds according to the

procedures and requirements set out in

this NOFA.

In the body of this NOFA is

information concerning:

(1) This year’s round of funding for

this program;

(2) The purposes and objectives of the

program;

(3) The method of allocation and

distribution of funds;

(4) Eligibility requirements for

neighborhood development

organizations;

(5) Eligible neighborhood

development activities;

(6) Selection criteria for the award of

funds;

(7) Application requirements for the

funds;

(8) Grantee reporting requirements;

and

(9) Other applicable administrative

requirements associated with the

program.

DATES: Applications may be requested

beginning February 24, 1995. Completed

applications must be submitted no later

than 4:30 p.m. (Eastern Time), by the

date specified in the application kit. The

application deadline will be firm as to

date and hour. In the interest of fairness

to all competing applicants, the

Department will treat as ineligible for

consideration any application that is

received after the deadline. Applicants

should take this practice into account

and make early submission of their

materials to avoid any risk of loss of

eligibility brought about by

unanticipated delays or other deliveryrelated problems.

ADDRESSES: To obtain a copy of the

application kit, call: American

Communities at 1–800–998–9999, or fax

your request to: (301) 251–5747 (this is

not a toll-free number). Speech- or

hearing-impaired persons may request

an application by contacting the TDD

number: (202) 708–2565 (not a toll-free

number), as listed under the

FOR FURTHER INFORMATION CONTACT

heading in this NOFA. Faxed requests

for application kits must include the

applicant’s name, mailing address

(including zip code), telephone number

(including area code), and must refer to

FR–3855. Completed applications may

not be submitted by fax.

FOR FURTHER INFORMATION CONTACT:

Ophelia Wilson or Gene Hix, Office of

Community Planning and Development,

Department of Housing and Urban

Development, Room 7218, 451 Seventh

Street, S.W., Washington, D.C. 20410;

telephone number (202) 708–1189 and

(202) 708–2565 (TDD). (These numbers

are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The information collection

requirements contained in this Notice

have been approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980.

The control number for information

collections described in this document

is 2535–0084.

I. Purpose and Substantive Description

A. Authority

Section 123 of the Housing and

Urban-Rural Recovery Act of 1983 (42

U.S.C. 5318 note) (Section 123)

authorized the John Heinz

Neighborhood Development Program.

For Fiscal Year 1995, a total of $5

million has been appropriated for this

program under the Departments of

Veterans Affairs and Housing and Urban

Development and Independent Agencies

Appropriations Act, 1995 (Pub. L. 103–

327, approved September 28, 1994).

Section 123(e)(6)(D) permits the

Secretary of Housing and Urban

Development (Secretary) to use no more

than five percent of the funds

appropriated for administrative or other

expenses in connection with the

program. The remaining funds are to be

used to match monetary support raised

over a one-year grant period from

individuals, businesses, neighborhood

development funding organizations, and

nonprofit or other organizations located

within established neighborhood

boundaries. For purposes of this NOFA

the term ‘‘neighborhood development

funding organization’’ means:

(1) A depository institution, the

accounts of which are insured pursuant

to the Federal Credit Union Act, and

any subsidiary (as such term is defined

in section 3(w) of the Federal Deposit

Insurance Act) thereof;

(2) A depository institution holding

company and any subsidiary (as such

term is defined in section 3(w) of the

Federal Deposit Insurance Act) thereof;

or

(3) A company at least 75 percent of

the common stock of which is owned by

one or more insured depository

institutions or depository institution

holding companies.

The purpose of the program is to

support eligible neighborhood

development activities using

cooperative efforts and monetary

contributions from local sources. The

Federal funds are incentive funds to

promote neighborhood development

initiatives and to encourage

neighborhood organizations to become

more self-sufficient in their

development activities. Not more than

50 percent of the 1995 awards may be

to previous grantees in the program; the

remaining awards will be made to

organizations selected from among new

applicants. Applications will be

selected for funding on the basis of

evaluation criteria that reflect the

program purposes and priorities and are

contained in this notice.

The objectives of the Neighborhood

Development Program are:

—To help neighborhood development

organizations increase their capacities

to carry out larger or more complex

activities, in cooperation with private

and public institutions; and

—To assist neighborhood development

organizations to achieve long-term

financial support for their activities.

The activities must benefit lowincome persons within the

neighborhood.

B. Allocation Amounts

The Department will make grants, in

the form of matching funds, to eligible

neighborhood development

organizations. Under Section 123(e)(3),

a grantee organization may receive no

more than $75,000 in Federal matching

funds in a single program year. HUD

reserves the right to make grants for less

than the maximum amount. When the

amount of funds requested is greater

than the amount of funds appropriated,

HUD also reserves the right to consider

the degree an applicant has previously

been funded under the John Heinz

Program, and greater consideration may

be given to those organizations which

have received the least amount of

funding under this program.

The amount of Federal matching

funds that an applicant receives during

the program year will depend in part

upon the amount of monetary
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10439

contributions raised in the preceding

quarter of the program year from

individuals, businesses, neighborhood

development funding organizations, and

nonprofit and other organizations

located within established

neighborhood boundaries. Contributions

attributable to organizations or persons

not residing in or conducting business

within the grantee’s neighborhood,

loans, in-kind services, contributions by

owners of properties to be improved,

fees for services, public funds, and any

in-lieu-of-cash contributions cannot be

used to match Federal funds. These

contributions may, however, be used to

carry out project activities. The

neighborhood monetary contributions

for matching purposes must be raised

within the one-year grant period.

However, grant activities may be

programmed over a one- to three-year

period.

A Federal matching ratio will be

established for each participating

applicant in accordance with the

statutory requirement that the highest

ratios be established for neighborhoods

having the greatest degree of economic

distress. Subject to the statutory

maximum of $75,000, the Federal match

for this program year will range from

one to six Federal dollars for each

qualifying dollar raised by the grantee.

Applications selected to receive Federal

funds will be rank-ordered and the

matching ratios will be determined in

accordance with this criterion. The

Department also reserves the right to

fund applications, in other than rank

order, on the basis of achieving

geographic balance.

Any application selected for the

award of Federal funds that proposed a

matching funds ratio in excess of the

ratio HUD determines for it will be

offered an award of funds at the HUD

determined ratio. However, any

application selected for award that

proposed a match below the maximum

ratio HUD determines for it will be

funded at the level proposed by the

applicant.

Federal payments to participating

neighborhood organizations will be

made on a quarterly basis following

receipt of quarterly performance and

financial reports. The maximum Federal

payment to an applicant will be

governed by the amount of verified,

qualifying monetary contributions

received from local sources in the

preceding quarter, multiplied by the

matching funds ratio established for the

neighborhood. Ten percent of the total

grant award will be held pending

receipt of the final report and close-out

documentation.

C. Eligibility

1. Eligible Applicants—Definition

An eligible neighborhood

development organization must be

located in and serve the neighborhood

for which assistance is to be provided.

It cannot be a city-wide organization, a

multi-neighborhood consortium, or, in

general, an organization serving a large

area of the city. The applicant must

meet all of the following statutory

requirements:

(a) The applicant must be

incorporated as a private, voluntary,

nonprofit corporation under the laws of

the State in which it operates;

(b) The applicant must be responsible

through a governing body to the

residents of the neighborhood it serves.

Not less than 51 percent of the members

of the governing body must be residents

of the neighborhood;

(c) The applicant must have

conducted business for at least one year

before the date of its application;

(d) The applicant must operate within

an area that meets at least one of the

following criteria:

(i) The area meets the requirements

for Federal assistance under section 119

of the Housing and Community

Development Act of 1974 (Urban

Development Action Grants);

(ii) The area is designated as an

empowerment zone or an enterprise

community under Federal law;

(iii) The area is designated as an

enterprise zone under State law, and is

recognized by the Secretary as a State

enterprise zone for purposes of this

section; or

(iv) The area is a qualified distressed

community within the meaning of

section 233(b)(1) of the Bank Enterprise

Act of 1991; and

(e) The applicant must have

conducted one or more eligible

neighborhood development activities

that primarily benefit low-income

persons, as defined in section 102(a)(20)

of the Housing and Community

Development Act of 1974. (In general,

low-income residents means families

and individuals whose incomes do not

exceed 50 percent of the median income

of the area involved.)

2. Eligible Applicants—Other Threshold

Requirements

In addition, an applicant must:

(a) Specify a business/management

plan for accomplishing one or more of

the activities listed in Section I.C(3),

Eligible Activities, of this NOFA;

(b) Specify a strategy for achieving

greater long-term private sector support,

especially in cooperation with a

neighborhood development funding

organization. An applicant that is

otherwise eligible will be deemed to

have the full benefit of the cooperation

of a neighborhood development funding

organization if the eligible applicant:

(i) Is located in an area described in

paragraph (d) of Section I.C(1) of this

NOFA (Eligible Applicants—Definition)

that does not contain a neighborhood

development funding organization; or

(ii) Demonstrates that it has been

unable to obtain the cooperation of any

neighborhood development funding

organization in the area despite having

made a good faith effort to obtain such

cooperation; and

(c) Specifies a strategy for increasing

the capacity of the applicant.

3. Eligible Activities

Eligible activities include the

following, but are not limited to the

examples given:

(a) Developing economic development

activities that include:

(i) Creating permanent jobs in the

neighborhood; and

(ii) Establishing or expanding

businesses within the neighborhood

(such as a business incubator);

(b) Developing new housing,

rehabilitating existing housing, or

managing housing stock within the

neighborhood;

(c) Developing delivery mechanisms

for essential services that have lasting

benefits to the neighborhood. Examples

include fair housing counseling

services, child care centers, youth

training, and health services; or

(d) Planning, promoting, or financing

voluntary neighborhood improvement

efforts, such as, but not limited to:

(i) Establishing a neighborhood credit

union, demolishing abandoned

buildings, removing abandoned cars,

and establishing an on-going street and

alley cleanup program;

(ii) Strategic planning to integrate

housing, economic development,

essential services, the remediation of

hazards (such as brownfields), and

neighborhood urban design activities;

and

(iii) Integrating neighborhood strategic

planning or community-based projects

into city- and metropolitan-wide

planning or service delivery, as a means

of establishing linkages with city and

metropolitan planning, job markets, and

service delivery mechanisms in other

areas within the metropolitan region.

D. Selection Criteria/Ranking Factors

Applications will be evaluated on the

basis of the following factors. In

addition, two (2) bonus points will be

added in determining the final score for

an application submitted by an
10440 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices

applicant that is located in a Federal

Empowerment Zone or Enterprise

Community. Every applicant is

encouraged to demonstrate how its

program activities will enhance citizen

involvement in the development of the

locality’s Consolidated Plan. Further,

HUD is interested in supporting

activities of applicants that have

demonstrated capacity to engage

citizens in planning and program

implementation initiatives that benefit

neighborhoods, but have not previously

participated in this program.

(1) The degree of economic distress

within the neighborhood served by the

applicant and the extent to which the

proposed activities will benefit persons

of low-income residing in the

neighborhood. The degree of economic

distress is based on the percentage of

poverty within the neighborhood area,

as determined from the 1990 U.S.

Census data. Applicants with the

highest poverty level relative to their

population will be given higher points.

(25 points)

(2) The record of past performance

and staff capability in carrying out one

or more of the activities specified under

Section I.C(3), Eligible Activities, of this

NOFA, and in promoting fair housing,

equal employment opportunity, and

minority-owned business

entrepreneurial opportunities. (20

points)

(3) The quality of the management/

business plan submitted for

accomplishing the activities proposed

by the applicant, including the budget

and budget narrative, fundraising plan

and matching ratio, and evidence of a

sound financial management system.

(25 points)

(4) The extent of neighborhood

residents’ participation in the activities

of the applicant; the level of

coordination with local governments,

which may be evidenced through a

certification from the Chief Executive

Officer of the unit of local government;

and the extent of participation of a

neighborhood development funding

organization in the proposed activities.

(20 points)

(5) The extent to which the applicant

has developed a strategy to increase its

capacity to carry out larger or more

complex project activities and to

address its long-term financial and

organizational development needs. (10

points)

E. Determination of Ratio for Federal

Contribution

The Secretary will determine the ratio

by which Federal funds will be used to

match monetary contributions made to

each eligible applicant that is selected

for funding under this NOFA. The ratio

will be based on the degree of economic

distress. Neighborhoods indicating the

greatest degree of economic distress will

be assigned higher ratios under this

factor than those with lesser degrees of

economic distress.

F. Environmental Reviews

HUD will conduct the appropriate

environmental review and comply with

all the environmental requirements in

24 CFR Part 50 before award of a grant.

Grantees will be expected to adhere to

all assurances applicable to

environmental concerns as contained in

the RFGA and grant agreements.

II. Application Submissions Process

A. Obtaining Application

For an application kit, call: American

Communities at 1–800–998–9999 or fax

your request to (301) 251–5747. (This is

not a toll-free number). Speech- or

hearing-impaired persons may request

an application by contacting the TDD

number: (202) 708–2565 (not a toll-free

number), as listed under the ‘‘For

Further Information Contact’’ heading in

this NOFA.

Faxed requests for application kits

must include the applicant’s name,

mailing address (including zip code),

and telephone number (including area

code), and must refer to FR–3855. The

RFGA contains the application, forms,

and other information regarding the

application process and the

administration of the program,

including relevant provisions from OMB

Circulars A–110 and A–122. (This

NOFA summarizes major provisions of

the RFGA.)

B. Application Submission

An original and three copies of an

application must be submitted to:

Processing and Control Branch, Office of

Community Planning and Development,

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Room 7255, Washington, DC 20410.

HUD will accept only one application

per neighborhood organization.

Responses to the application kit must be

limited to 50 pages, single-spaced,

exclusive of the following required

forms: Cover Page, Standard Form-424,

Assurance Form SF–424B, Applicant/

Recipient Disclosure Update Report

HUD–2880, Drug-Free Workplace

Certification, Articles of Incorporation

and Bylaws, Audit Report and

Miscellaneous Materials. All pages and

attachments must be numbered

consecutively, in arabic numbers.

Reviewers are not required to read

beyond the 50-page maximum.

C. Application Deadline

Applications may be requested

beginning February 24, 1995.

Applications must be submitted no later

than 4:30 p.m. (Eastern Time), by the

date specified in the application kit. The

application deadline will be firm as to

date and hour. In the interest of fairness

to all competing applicants, the

Department will treat as ineligible for

consideration any application that is

received after the deadline. Applicants

should take this practice into account

and make early submission of their

materials to avoid any risk of loss of

eligibility brought about by

unanticipated delays or other deliveryrelated problems.

III. Checklist of Application

Submission Requirements

A. Preapplication Determination of

Eligibility

Before preparing an application, the

applicant should carefully check the

eligibility requirements described in

Section I.C, Eligibility, of this NOFA.

Applicants that are uncertain whether

the city or urban county in which they

are located meets the current minimum

standards of physical and economic

distress (used in determining which

cities and urban counties were

potentially eligible applicants under the

Urban Development Action Grant

Program) are advised to consult the

following two notices published by the

Department in the Federal Register: (1)

‘‘Urban Development Action Grant:

Revised Minimum Standards for Small

Cities’’ (52 FR 37876, October 9, 1987);

and (2) ‘‘Urban Development Action

Grant; Revised Minimum Standards for

Large Cities and Urban Counties’’ (52 FR

38174, October 14, 1987).

Any applicant that needs additional

help in determining its eligibility

should contact the nearest Department

of Housing and Urban Development

Field Office (Community Planning and

Development Division). If assistance is

needed, the city or county community

development office serving a

neighborhood organization should be

able to provide an applicant with the

HUD Field Office contact number. If

unable to obtain a local contact, the

HUD Headquarters contact for this

information is Mrs. Stella Hall,

telephone number (202) 708–2186, or

contact the TDD number: (202) 708–

0564. (These are not toll free numbers.)

B. Application Checklist

Each application must contain the

following, as required by the RFGA.

(1) A signed copy of Standard Form

SF–424;
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10441

(2) An abstract describing, among

other things, the applicant and its

achievements, the proposed project, its

intended beneficiaries, its projected

impact on the neighborhood, and the

manner in which the proposed project

will be carried out;

(3) A completed fact sheet that lists

neighborhood and organizational

characteristics;

(4) Evidence that the applicant meets

eligibility criteria and provides the

following data:

(a) A city map, with street names,

delineating the applicant’s

neighborhood boundaries and

indicating where project activities will

take place;

(b) Census tract, block, or

enumeration district references and zip

code references must also be delineated

on the map or on other maps submitted;

(c) Census data on the size of the

neighborhood population, including the

number of low-income persons and the

size of the minority population, broken

down by ethnic, racial, and gender

composition;

(d) A copy of the applicant

organization’s corporate charter, along

with the incorporation papers, bylaws,

and a statement of purpose;

(e) A list of the names of the

neighborhood governing board members

and their addresses (with zip codes) to

show that at least 51% reside in the

neighborhood. Indicate those who

reside in the neighborhood separately

from those who conduct business in the

neighborhood;

(f) Identification of the applicant

organization’s past and current

neighborhood projects, including those

projects that are eligible neighborhood

development activities as defined in

Section I.C(3), Eligible Activities, of this

NOFA;

(g) A description of the means by

which the governing board members

account to residents of the

neighborhood, including the method

and frequency of selection of members

of the governing board, the consultation

process with residents, the frequency of

meetings, and a statement showing how

the board is representative of the

demographics of the neighborhood (i.e.,

a breakdown by tenants, homeowners,

race, sex, ethnic composition, etc.);

(h) Evidence of the applicant’s sound

financial management system,

determined from its financial statements

or audits;

(i) A letter from the Chief Executive

Officer of the unit of general local

government in which assisted activities

are to be carried out, certifying that the

activities are consistent with the

Consolidated Plan of the jurisdiction to

be served.

(j) Evidence of cooperation with a

neighborhood development funding

organization. In lieu of this

participation, evidence may be

presented that the applicant:

(i) Has no neighborhood development

funding organization within the

applicable boundaries; or

(ii) Has been unsuccessful, despite

having made a good faith effort, in

obtaining this participation.

(k) A certification that the applicant

will comply with the requirements of

Federal law governing the application,

acceptance, and use of Federal funds;

(l) A narrative statement defining how

neighborhood matching funds will be

raised and their anticipated sources;

what neighborhood development

activities will be funded; and a strategy

for achieving greater long-term private

sector support;

(m) A project management plan,

including a schedule of tasks for both

fund raising and project

implementation;

(n) A project budget and budget

narrative; and

(o) A certification that a potential

grantee will comply with the drug-free

workplace requirements in accordance

with 24 CFR part 24, subpart F; and

(5) Equal Opportunity Requirements.

The neighborhood development

organization must certify that it will

carry out activities assisted under the

program in compliance with:

(a) The requirements of the Fair

Housing Act (42 U.S.C. 3601–3619) and

implementing regulations at 24 CFR

parts 100, 108, 109, 110, and 115; part

200, Subpart M; and Executive Order

11063 (Equal Opportunity Housing

implementing regulations at 24 CFR Part

107; and Title VI of the Civil Rights Act

of 1964 (42 U.S.C. 2000d)

(Nondiscrimination in Federally

Assisted Programs) and implementing

regulations issued at 24 CFR part 1;

(b) The prohibitions against

discrimination on the basis of age under

the Age Discrimination Act of 1975 (42

U.S.C. 6101–07) and implementing

regulations at 24 CFR part 146; the

prohibition against discrimination

against individuals with a disability

under section 504 of the Rehabilitation

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

implementing regulations at 24 CFR part

8; and the requirements of Executive

Order 11246 and the implementing

regulations issued at 41 CFR chapter 60;

(c) The requirements of section 3 of

the Housing and Urban Development

Act of 1968, 12 U.S.C. 1701u and

implementing regulations at 24 CFR part

135; and

(d) The requirements of Executive

Orders 11625, 12432, and 12138.

Consistent with HUD’s responsibilities

under these Orders, the grantee must

make efforts to encourage the use of

minority and women’s business

enterprises in connection with activities

funded under this notice.

(e) The prohibitions against

discrimination and related requirements

of section 109 of the Housing and

Community Development Act of 1974

(42 U.S.C. 5309).

(f) The requirement of the Americans

with Disabilities Act (42 U.S.C. 12181–

12189) and implementing regulations at

28 CFR part 36, as applicable.

IV. Corrections to Deficient

Applications

After the submission deadline date,

HUD will screen each application to

determine whether it is complete. If an

application lacks certain technical items

or contains a technical error, such as an

incorrect signatory, HUD will notify the

applicant in writing that it has 14

calendar days from the date of HUD’s

written notification to cure the technical

deficiency. If the applicant fails to

submit the missing material within the

14-day cure period, HUD will disqualify

the application.

This 14-day cure period applies only

to nonsubstantive deficiencies or errors.

Deficiencies capable of cure will involve

only items not necessary for HUD to

assess the merits of an application

against the factors specified in this

NOFA.

Examples of deficiencies that may be

cured are:

—Omitted or improper signatures;

—Omitted certifications or assurances;

and

—Omitted financial statements or

audits.

V. Other Matters

A. Reporting Requirements

In addition to complying with

relevant provisions of OMB Circulars

A–110 and A–122, grantees will be

required to submit quarterly

performance and financial reports.

These reports should inform HUD of

any changes that may affect the outcome

of the program, such as changes in any

of the following: the governing board

membership, staffing, working

relationships with local government and

private organizations, fund raising

activities, volunteer efforts, the

management plan, and the budget. The

quarterly reports must also verify the

amount of monetary contributions

received from within the neighborhood,

as a basis for Federal disbursement of
10442 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices

matching funds. Grantees must certify

that none of the monetary contributions

originated through public funding

sources.

Grantees will be required also to

submit a final report at the completion

of the grant period. Ten (10) percent of

the total grant amount will be held until

a final report and close-out documents

are received from the grantee. This final

report must describe fully the successes

and failures associated with the project,

including the reasons for the successes

and failures. It should also describe

possible improvements in the methods

used. The quarterly and final reports

will be used for evaluation purposes,

reports to the Congress on the program,

and a report on successful projects that

will be distributed to other

neighborhood organizations.

B. Other Federal Requirements

In addition to the Equal Opportunity

Requirements set forth in Section

III.B(4) of this NOFA, grantees must

comply with the following

requirements:

(1) Ineligible contractors. The

provisions of 24 CFR part 24 relating to

the employment, engagement of

services, awarding of contracts, or

funding of any contractors or

subcontractors during any period of

debarment, suspension, or placement in

ineligibility status.

(2) Flood insurance. No building

proposed for acquisition, construction,

reconstruction, repair, or improvement

to be assisted under this program may

be located in an area that has been

identified by the Federal Emergency

Management Agency (FEMA) as having

special flood hazards, unless the

community in which the area is situated

is participating in the National Flood

Insurance Program (implemented in

regulations at 44 CFR parts 59–79), or

less than a year has passed since FEMA

notification regarding such hazards, and

the grantee ensures that flood insurance

on the structure is obtained in

compliance with section 102(a) of the

Flood Disaster Protection Act of 1973

(42 U.S.C. 4001 et seq.).

(3) Lead-based paint. The

requirements, as applicable, of the LeadBased Paint Poisoning Prevention Act

(42 U.S.C. 4821–4846), and

implementing regulations at 24 CFR part

35.

(4) Applicability of OMB Circulars.

The policies, guidelines, and

requirements of OMB Circular Nos. A–

110 and A–122 with respect to the

acceptance and use of assistance by

private nonprofit organizations.

(5) Relocation and Real Property

Acquisition. The Uniform Relocation

Assistance and Real Property

Acquisition Policies Act of 1970 (URA),

49 CFR part 24, and HUD Handbook

1378, Tenant Assistance, Relocation and

Real Property Acquisition, apply to the

acquisition of real property for an

assisted project and the displacement of

any person (households, business,

nonprofit organization, or farm) as a

direct result of acquisition,

rehabilitation, or demolition for the

HUD-assisted project.

(6) Certifications. In the absence of

independent evidence that tends to

challenge in a substantial manner the

certifications made by the applicant, the

required certifications will be accepted

by HUD. However, if independent

evidence is available, HUD may require

further information or assurances to be

submitted in order to determine

whether the applicant’s certifications

are satisfactory.

C. National Environmental Policy Act

A finding of no significant impact

with respect to the environment has

been made in accordance with HUD

regulations in 24 CFR part 50 that

implement section 102(2)(C) of the

National Environmental Policy Act of

1969. (42 U.S.C. 4332). The finding of

no significant impact is available for

public inspection and copying Monday

through Friday during regular business

hours at the Office of the Rules Docket

Clerk, Office of General Counsel, Room

10276, Department of Housing and

Urban Development, 451 Seventh Street,

S.W., Washington, D.C. 20410.

Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this notice will not have substantial

direct effects on states or their political

subdivisions, or the relationship

between the federal government and the

states, or on the distribution of power

and responsibilities among the various

levels of government. As a result, the

notice is not subject to review under the

order. The notice announces incentive

funds to encourage neighborhood

organizations to become more selfsufficient in their development

activities.

E. Executive Order 12606, the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this notice has potential

for a significant impact on family

formation, maintenance, and general

well-being. The purpose of the notice is

to provide funding to improve

neighborhood opportunities relating to

employment, business, housing, and the

provision of essential services, all of

which could benefit families

significantly. However, because the

impact on families would be indirect

and would be beneficial, no further

review is considered necessary.

F. Section 102 HUD Reform Act:

Documentation and Public Access

Requirements

HUD will ensure that documentation

and other information regarding each

application submitted pursuant to this

NOFA are sufficient to indicate the basis

upon which assistance was provided or

denied. This material, including any

letters of support, will be made

available for public inspection for a fiveyear period beginning not less than 30

days after the award of the assistance.

Material will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 15. In addition, HUD will

include the recipients of assistance

pursuant to this NOFA in its Federal

Register notice of all recipients of HUD

assistance awarded on a competitive

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

and the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

requirements.)

G. Section 103 of the HUD Reform Act

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 (42 U.S.C. 3537a)

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.

HUD employees involved in the

review of applications and in the

making of funding decisions are

restrained by part 4 from providing

advance information to any person

(other than an authorized employee of

HUD) concerning funding decisions, or

from otherwise giving any applicant an

unfair competitive advantage. Persons

who apply for assistance in this

competition should confine their

inquiries to the subject areas permitted

under 24 CFR part 4.

Applicants who have questions

should contact the HUD Office of Ethics

(202) 708–3815 (voice/TDD). (This is

not a toll-free number.) The Office of

Ethics can provide information of a

general nature to HUD employees, as
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Notices 10443

well. However, a HUD employee who

has specific program questions, such as

whether particular subject matter can be

discussed with persons outside the

Department, should contact his or her

Field Office Counsel, or Headquarters

counsel for the program to which the

question pertains.

H. Section 112 of the Reform Act

Section 13 of the Department of

Housing and Urban Development Act

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

provisions dealing with efforts to

influence HUD’s decisions with respect

to financial assistance. The first imposes

disclosure requirements on those who

are typically involved in these efforts—

those who pay others to influence the

award of assistance or the taking of a

management action by the Department

and those who are paid to provide the

influence. The second restricts the

payment of fees to those who are paid

to influence the award of HUD

assistance, if the fees are tied to the

number of housing units received or are

based on the amount of assistance

received, or if they are contingent upon

the receipt of assistance.

Section 13 has been implemented by

24 CFR part 86. If readers are involved

in any efforts to influence the

Department in these ways, they are

urged to read part 86, particularly the

examples contained in Appendix A of

that part.

Any questions about the rule should

be directed to the Office of Ethics, room

2158, Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington, D.C. 20410–3000.

Telephone: (202) 708–3815 (voice/TDD)

(This is not a toll-free number.) Forms

necessary for compliance with the rule

may be obtained from the local HUD

office.

Authority: 42 U.S.C. 5318 note and

3535(d).

Dated: February 17, 1995.

Andrew Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 95–4449 Filed 2–21–95; 8:45 am]

BILLING CODE 4210–29–P