[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Pages 13446-13448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6053]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. N-95-3846; FR-3786-N-02]


Notice of Amendment to NOFA for Fiscal Year 1995 for Indian 
Applicants Under the HOME Program

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of amendment to notice of funding availability (NOFA) 
for fiscal year (FY) 1995 for Indian Applicants for HOME Investment 
Partnerships Act (the HOME Act) programs, referred to as the HOME 
program.

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SUMMARY: This notice amends the FY 1995 Indian HOME NOFA published on 
January 17, 1995 (60 FR 3520), to conform with the recent interim 
regulation which expanded the number of eligible applicants. It also 
makes corrections or clarifications to several statements in the text 
of the NOFA, including a modification to Appendix 1, List of Local 
Offices of Native American Programs.

DATES: The application due date remains the same. Applications must be 
RECEIVED by the Office of Native American Programs (ONAP) having 
jurisdiction over the applicant on or before 3 p.m. (ONAP local time) 
on April 14, 1995.

FOR FURTHER INFORMATION CONTACT: Bruce Knott, Director, Division of 
Housing and Community Development, Office of Native American Programs, 
451 Seventh Street, SW., Washington, DC 20410, telephone (202) 755-0068 
(this is not a toll-free number). Hearing- or speech-impaired persons 
may use the TDD number by contacting the Federal Information Relay 
Service on 1-800-877-TDDY (1-800-877-8339)(a toll-free number).

SUPPLEMENTARY INFORMATION: On January 17, 1995 (60 FR 3520) the 
Department published the FY 1995 Indian HOME NOFA. This notice makes a 
number of corrections or clarifications to several statements in the 
text of the NOFA:

Eligible Applicants

    Section I.(c)(1) on page 3521, pertaining to eligible applicants, 
is revised to reflect an amendment made to the HOME rule at 24 CFR Part 
92. This amendment broadens the category of eligible applicants to 
include Tribal organizations.

Number of Copies of Application

    This notice specifies that applicants must submit an original and 
two copies of the application. This requirement is added to the end of 
the paragraph headed ``Summary,'' on page 3520, and to the Checklist of 
Eligibility Requirements and Application Submission Requirements, on 
page 3521.

Typographical Error

    On page 3522, the designation of the section on ``Economic 
Opportunities for Low and Very Low Income Persons'' is corrected from 
``E'' to ``G''.

Building Codes

    On page 3522, section I.(d)(2)(vii) in the second column requires 
the submission of ``A statement documenting the codes for the 
project''. This requirement ties in with the selection criterion, 
``Project feasibility,'' in the first column on page 3524 at section 
I.(e)(1)(ii)(E) and item (5) in the last paragraph in the column, which 
both refer to building codes. The requirement and the references are 
being deleted because they are not in accord with the regulation (24 
CFR 92.621) that is cited for building codes.

Benefits to Very Low-Income and Low-Income Members of the Tribe

    A clarification is made regarding the formula in section (1)(i)(D) 
on page 3523 of the NOFA, ``Benefits to Very Low and Low-Income Members 
of the Tribe.'' The formula must use the total of all the families with 
unmet housing needs, rather than only the families with unmet needs in 
the particular category for which the application is made. An example 
is provided. Clarification of the effect of a mixed project on the 
formula is also provided. A mixed project may be mixed as to tenure 
(e.g., rental, home ownership), but it may not be mixed as to type 
(i.e., a combination of acquisition, rehabilitation, new construction). 
If the project is mixed, that fact is of no consequence in using the 
formula.

Staffing Plan During Implementation

    On page 3526 of the NOFA, column 1, ``(iii) Staffing Plan during 
Implementation,'' the narrative reads, ``A proposal having highly 
experienced/competent personnel will receive 11-15 points.'' The 
scoring guide (Table 11) doesn't allow for a range of points. It 
assigns 15 points for Good, 7 for Fair, 0 for Unsatisfactory. This 
notice amends the text to delete the range and make clear that 15 
points will be awarded if the criterion is met.

Points for Geographic Diversity

    The NOFA on page 3520, column 2, and page 3521, column 1, in 
discussing the new geographic diversity provision refers to an 
application which scores over 50 points. However, on page 3527, column 
2, in citing geographic diversity, the NOFA refers to an application 
that scores at least 50 points. To clarify that the Department means at 
least 50 point, i.e., 50 or above, a correction is made to the 
statements at the referenced locations.
    This notice also includes a modification to Appendix 1.--List of 
Local Offices of Native American Programs, to add that Utah tribes 
apply to Northern Plains ONAP and Iowa tribes apply to Eastern/
Woodlands ONAP.
    Accordingly, the Department amends the FY 1995 Indian HOME NOFA 
published on January 17, 1995 (60 FR 3520) as set forth below:
    1. A new sentence is added to the paragraph headed ``Summary,'' in 
the first column on page 3520 to read as follows:
    * * * Applicants must submit an original and two copies of the 
application.
    2. On page 3520, the fifth paragraph which appears in the second 
column is revised to read as follows:
    This year there is a geographic diversity requirement in the NOFA 
which assures that for every ONAP Region with a fundable application 
which scores at least 50 points there will be one award which goes to 
the highest scoring application from that ONAP Region.
    3. On page 3521, section I.(b)(2), which appears in the first 
column, is revised to read as follows: [[Page 13447]] 
    (2) For FY 1995, there is a geographic diversity requirement which 
assures that for every ONAP Region with a fundable application which 
scores at least 50 points there will be one award which goes to the 
highest scoring application from that ONAP Region.
    4. On page 3521, section I.(c)(1), which appears in the first 
column, is revised to read as follows:
    (1) Eligible Applicants. (i) Eligible applicants for HOME funds for 
Indian tribes are any Indian Tribe, band, group, or nation, including 
Alaskan Indians, Aleuts, and Eskimos, and any Alaskan native village of 
the United States which is considered an eligible recipient under Title 
I of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450) or which had been an eligible recipient under the State and 
Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221). Eligible 
recipients under the Indian Self-Determination and Education Assistance 
Act will be determined by the Bureau of Indian Affairs and eligible 
recipients under the State and Local Fiscal Assistance Act of 1972 are 
those that have been determined eligible by the Department of Treasury, 
Office of Revenue Sharing.
    (ii) Tribal organizations which are eligible under Title I of the 
Indian Self-Determination and Education Assistance Act may apply for 
funds under this NOFA on behalf of any Indian Tribe, band, group, 
nation, or Alaskan native village eligible under that Act when one or 
more of these entities have authorized the Tribal organization to do so 
through concurring resolutions. Such resolutions must accompany the 
application for funding. Eligible Tribal organizations under Title I of 
the Indian Self-Determination and Education Assistance Act will be 
determined by the Bureau of Indian Affairs.
    (iii) Only eligible applicants shall receive grants. However, 
eligible applicants may contract or otherwise agree with non-eligible 
entities such as States, cities, counties, or other organizations to 
assist in the preparation of applications and to help implement 
assisted activities.
    (iv) To apply for funding in a given fiscal year, an applicant must 
be eligible as an Indian Tribe or Alaskan native village, as provided 
in paragraph (i) of this section, or as a Tribal organization, as 
provided in paragraph (ii) of this section, by the application 
submission date.
    (v) Applicants must have the administrative capacity to undertake 
the project proposed, including systems of internal control necessary 
to administer these projects effectively.
    5. On page 3521 in the third column, section I.(d)(1)(vii) is added 
to read as follows:
    (vii) ____________ Submitted with an original and two copies.
    6. On page 3522, in the first column, ``(E) Economic Opportunities 
for Low and Very Low Income Persons'' is corrected to read ``(G) 
Economic Opportunities for Low-Income and Very Low-Income Persons''.
    7. On page 3522, in the second column, section I.(d)(2)(vii) is 
removed and reserved.
    8. On page 3523, section I.(e)(1)(i)(D), which appears in the third 
column, is revised to read as follows:
    (D) Benefits to Very Low-Income and Low-Income Members of the Tribe 
(5 points maximum). Under this factor, the applicant with the larger 
ratio of unmet low-income and very low-income need receives more 
points. The ratio consists of a numerator, which is the number of very 
low-income and low-income families of the tribe in need of housing 
divided by a denominator, which is the total number of very low-income 
and low-income families of the tribe. The result is multiplied by 5 to 
determine the number of points received under this criterion. The 
number of points should be rounded to 2 decimal places. See Table 4.
    The total of all the low-income and very low-income families with 
unmet housing needs is the number that is considered for the numerator 
in the formula used in this criterion, regardless of the particular 
activity for which funding is sought in the application. For example, 
if the applicant is applying for funds to rehabilitate 10 units and 
there are 100 low-income and very low-income families in need of 
rehabilitated units but the total number of low-income and very low-
income families with housing needs of all types (rental, new 
construction, and rehabilitation) is 500, the number that would be used 
in the formula as the numerator is 500. If the project is mixed, that 
fact is of no consequence in using the formula (A mixed project may be 
mixed as to tenure of the families to be assisted, i.e., rental or home 
ownership, but it may not be mixed as to type of project activity, 
i.e., a combination of acquisition, rehabilitation, new construction).
    For example, a tribe has 20 low-income and very low-income families 
in need of housing and a total of 100 low-income and very low-income 
families. Substitute these values in the formula:

5 x (20/100)=
5 x 0.20=
1.00 point.

    9. On page 3524, in the first column, section I.(e)(1)(ii)(E) and 
item (5) in the last paragraph in the column are removed and reserved.
    10. On page 3526, section I.(e)(2)(iii)(A), which appears in the 
first column, is revised to read as follows:
    (A) Implementation Plan. The staffing plan must identify key 
personnel, and their experience relative to the proposed project, who 
will be employed during the implementation phase of the project, i.e., 
during acquisition, rehabilitation, construction. In order to be 
properly rated, experience identified must demonstrate the competence 
of key personnel in relation to the tasks required in implementing the 
proposed project. A proposal having highly experienced/competent 
personnel will receive 15 points. Proposed staff will be rated in 
varying degrees of competence in accordance with Table 11 below.
    11. On page 3529, Appendix 1, List of Local Offices of Native 
American Programs, is amended by revising the first and third entries 
to read as follows:

     Appendix 1.--List of Local Offices of Native American Programs     
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      Tribes located                        ONAP address                
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East of the Mississippi    Eastern/Woodlands Office of Native American  
 River (including all of    Programs, 5P, Metcalfe Federal Building, 77 
 Minnesota and Iowa).       West Jackson Boulevard, Chicago, Illinois   
                            60604-3507, (312) 353-1282 or (800) 735-    
                            3239, TDD Numbers: 1-800-927-9275 or 312-886-
                            3741.                                       
                                                                        
                                                                        
       *                  *                  *                   *      
                   *                  *                  *              
Colorado, Iowa, Montana,   Northern Plains Office of Native American    
 Nebraska, North Dakota,    Programs, 8P, First Interstate Tower North, 
 South Dakota, Utah, and    633 17th Street, Denver, Colorado 80202-    
 Wyoming.                   3607, (303) 672-5462, TDD Number: 303-844-  
                            6158.                                       
                                                                        
        *                  *                  *                  *      
                   *                  *                  *              
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    [[Page 13448]] Dated: March 6, 1995.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 95-6053 Filed 3-10-95; 8:45 am]
BILLING CODE 4210-33-P