16560 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Public and Indian Housing

[Docket No. N–95–3778; FR–3875–N–01]

NOFA for Lead-Based Paint (LBP) Risk

Assessments

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

for FY 1995.

SUMMARY: This NOFA informs Public

Housing Agencies and Indian Housing

Authorities (referred to jointly as

‘‘HAs’’) that have pre-1980 family

developments, of the availability of up

to $8,052,535 in funding for lead-based

paint (LBP) risk assessments. The NOFA

contains information on the following:

(a) The purpose of the NOFA,

available amounts and eligibility;

(b) Application processing, including

how to apply and how selections will be

made;

(c) A schedule of steps involved in the

application process;

(d) Notice that funds will be awarded

on a first-come, first-served basis; and

(e) Notice of the requirement that the

Department’s risk assessment protocol

be used by HAs in conducting a LBP

risk assessment and in developing

recommendations regarding interim

controls.

DATES: An application may be submitted

immediately after publication of this

NOFA, and must be submitted by 3:00

p.m. local time (i.e., the time in the

HUD Field Office where the application

is submitted) on May 30, 1995. This

deadline is firm as to date and hour. In

the interest of fairness to all 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

applications to avoid any risk of loss of

eligibility brought about by

unanticipated delays or other deliveryrelated problems.

ADDRESSES: Application kits may be

obtained from HUD Field Offices.

Completed applications are to be

submitted to the Field Office that has

jurisdiction over the HA submitting the

request for funding. Copies of the

Department’s LBP risk assessment

protocol, which establishes minimum

requirements that must be used by HAs

funded under this NOFA, are available

at cost by calling HUD USER on 1–800–

245–2691 or (301) 251–5154 (not a tollfree number). A telecommunications

device (TDD) for persons with hearing

and speech impediments is available at

1–800–877–8339.

FOR FURTHER INFORMATION CONTACT:

William J. Flood, Director,

Modernization Division, Office of

Distressed and Troubled Housing

Recovery, Department of Housing and

Urban Development, 451 Seventh Street,

SW., Room 4134, Washington, D.C.

20410, telephone (202) 708–1640.

Indian Housing Authorities may

contact: Dom Nessi, Director, Office of

Native American Programs, Department

of Housing and Urban Development,

451 Seventh Street, SW., Room B–133,

Washington, DC 20410, telephone (202)

755–0032. A telecommunications device

(TDD) for persons with hearing and

speech impediments is available at (202)

708–0850 . (These are not toll-free

telephone numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget (OMB), under

section 3504(h) of the Paperwork

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

3520), and assigned OMB control

numbers 0348–0043, 2577–0044, 2525–

0101, and 0348–0046.

I. Purpose and Substantive Description

A. Allocation Amounts

(1) Total amount available. The

Departments of Veterans Affairs and

Housing and Urban Development, and

Independent Agencies Appropriations

Act, 1992 (Pub. L. 102–139, approved

October 28, 1991; at 105 Stat. 744) (1992

Appropriations Act) set aside

$25,000,000, of the $2,800,975,000 of

budget authority available for

modernization of existing public

housing developments, for the risk

assessment of lead-based paint (LBP).

However, amounts actually available

from the appropriated amount were

reduced because conversions from

Section 8 (U.S. Housing Act of 1937)-

funded section 202 (Housing Act of

1959) direct loan projects to rental

assistance-funded section 202 grant

projects did not occur at the rate

anticipated by Congress in the FY 1992

Appropriations Act. Reductions were

made in the FY 1991 carryover balances

to fund FY 1992 programs, as provided

in the Appropriations Act. The amount

of funds available for LBP risk

assessment in FY 1992 was $23,853,455.

In accordance with the language of that

Appropriations Act, where funds

awarded totaled less than the amount

available, the remaining funds are to be

carried over in subsequent NOFAs.

Thus, in FY 1992, the Department

awarded $9,055,821. In FY 1993,

$14,797,634 was available for LBP risk

assessment funding and $2,840,711 was

awarded based on applications received.

In FY 1994, $11,946,823 was available;

of that amount $3,888,076 was awarded,

based on applications received.

Additionally, $16,312 was awarded in

FY 1994 to correct calculation errors

made on applications submitted and

eligible for funding in FY 1993. The

total amount of funding that remains

available under this FY 1995 NOFA is

up to $8,052,535. The funding may

change if the carryovers, transfers, and

recaptures estimated to occur in FY

1995 are not realized.

(2) Selection of applications for

funding. Awards shall be made on a

first-come, first-served basis.

Additionally, an application must be

complete and must meet the threshold

criteria set forth in Section II.B. of this

NOFA. As such, it is required that the

proposed risk assessment be performed

in pre-1980 family developments.

Further, the Department has determined

that a development targeted within an

application will not be eligible for

funding where a development has been:

• Tested and abated; or

• Tested and the results were

negative; or

• Tested, results were positive, and

an adequate interim control plan has

been developed; or

• The subject of a risk assessment

previously.

In these instances, the Department

recognizes that hazards have been

addressed or identified; thus, there is no

need to conduct a risk assessment.

(3) Cost. Where a development is

eligible to be the subject of a complete

risk assessment, in accordance with the

threshold criteria set forth in Section

II.B. of this NOFA, the HA shall base its

funding request on a per-unit-to-besampled-per-development cost. The perunit cost must include costs for

collection of dust and soil samples,

collection of paint chip samples (where

necessary), administration, laboratory

analysis of collected paint, dust, and

soil samples, interpretation of laboratory

results on samples collected, review of

maintenance and management practices,

and the development (not the

implementation) of recommendations

for interim controls. Costs associated

with interim controls are not eligible for

funding under this NOFA. Funding of

interim controls must be secured from

other HA sources (i.e., CIAP, CGP,

operating subsidy, operating reserves, or

State/local contributions).
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16561

The cost-per-unit-to-be-sampled may

not exceed the amount of $495. Prior

year funding indicates that a number of

HAs were able to complete risk

assessments at less than this amount

(ranging from $250 to $350 per-unit-tobe-sampled, excluding HA

administrative costs). HAs are strongly

encouraged to budget prudently for

these costs. Where this amount is

exceeded, the HA must submit

justification of the amount requested,

and the Field Office will examine the

cost reasonableness of such request.

The number of units to be sampled,

which, at a minimum, must be used by

HAs funded under this NOFA, is

outlined in the table below:

Number of units in

development

Number of units for inspecting and testing

(collecting samples)

1–4 .......................... All.

5–20 ........................ 4 units or 50% (whichever is greater).

21–75 ...................... 10 units or 20%

(whichever is greater).

76–125 .................... 17.

126–175 .................. 19.

176–225 .................. 20.

226–300 .................. 21.

301–400 .................. 22.

401–500 .................. 23.

501+ ....................... 24, plus 1 dwelling for

each additional increment of 50 units or

less.

The method to be used in determining

which units are to be included in the

sample is as follows:

(a) Units cited as having building

code violations within the past year;

(b) Units determined to be in poor

condition;

(c) Units that contain two or more

children between the ages of 6 months

and 6 years;

(d) Units that serve as day-care

facilities; and

(e) Units prepared for reoccupancy

within the past 3 months. If necessary,

add additional units to achieve the

required minimum sample number

specified in the above table.

Note: In addition to the minimum number

of units to be sampled, add units housing

children with elevated blood lead levels.

As explained in Section III,

Application Content, of this NOFA, an

application must state each

development number and specify the

number of units to be sampled, the

amount requested for each

development, and the total amount the

HA is requesting.

(4) Distribution of funds. An

administrative decision has been made

not to assign funds to HUD Field Offices

using the same method as in previous

fiscal years. Funds will be assigned to

Field Offices based on the number of

applications submitted that met the

eligibility criteria and the amount of

funds requested. The Department

expects to have enough money to fund

all eligible applications. In the event

funding requests exceed the amount

available, awards will be made based on

the date and time applications were

received in the HUD Field Office. HUD

Field Offices shall date- and time-stamp

each application upon receipt.

In Fiscal Year 1995, up to $7,835,117

will be targeted to public housing

agencies, and up to $217,418 will be

targeted to Indian housing authorities in

the Office of Native American Programs

(ONAP). As many eligible applications

as possible will be funded.

(5) Remaining funds. In the event that

the funds awarded under this NOFA

total less than the amount available, the

remaining amount will be carried over

to FY 1996, because the FY 1992

Appropriations Act specifically targets

these funds for the assessment of risks

associated with lead-based paint. If

funds are carried over to FY 1996, a

subsequent NOFA for these remaining

set-aside funds will be published.

(6) Section 3 (24 CFR part 135).

Section 3 of the Housing and Urban

Development Act of 1968 and the

regulations at 24 CFR part 135 (see June

30, 1994, Interim Rule, 59 FR 33866) are

applicable to funding awards made

under this NOFA. One of the purposes

of the assistance 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 section 3

residents and section 3 business

concerns.

B. Eligibility and Requirements

(1) All HAs with pre-1980 family

developments are eligible (i.e., both

large HAs funded under the

Comprehensive Grant Program (CGP)

and small HAs funded under the

Comprehensive Improvement

Assistance Program (CIAP)). Specific

developments targeted for funding

within an application must meet the

requirements set forth in Section II.B. of

this NOFA.

(2) HAs, especially smaller ones, are

encouraged to form a consortium for

purposes of having risk assessments

conducted. Such a consortium would

enable a number of HAs to obtain

coordinated services for those risk

assessments.

(3) In accordance with section 14(a)(3)

of the U.S. Housing Act of 1937 (1937

Act) (added by the 1992 Appropriations

Act, 105 Stat. 759), pre-1980 family

developments within a HA’s inventory

may be the subject of a LBP risk

assessment. As stated in section

14(a)(3), risk assessments are intended

‘‘to assess the risks of lead-based paint

poisoning * * * in all projects

constructed before 1980 that are, or will

be, occupied by families.’’ Risk

assessments are not mandatory;

however, HAs are strongly encouraged

to conduct them. In undertaking a risk

assessment, a HA shall use a risk

assessment protocol that, at a minimum,

follows the Department’s Lead-Based

Paint Risk Assessment Protocol. Upon

completion of the risk assessment, the

HA must provide a copy of the results

of the risk assessment to the appropriate

Field Office. The risk assessment must

be completed within eighteen (18)

months of HUD’s fund reservation

notification to the HA.

While the scope of the risk assessment

may exceed the contents of the

Department’s protocol, funding shall be

requested based on this protocol. The

goal of the protocol is to enable a HA

to identify lead hazards, so that

appropriate interim controls can be

implemented until random testing and/

or full abatement can be undertaken.

Section 14(a)(3) of the 1937 Act requires

that professional risk assessments

include dust and soil sampling and

laboratory analysis. The risk assessment

protocol has been developed by the

Department to ensure compliance with

this provision and with certain

requirements of the Lead-Based Paint

Poisoning Prevention Act.

HAs are expected to implement the

interim control recommendations

resulting from the completed risk

assessment, especially in cases where

full abatement will not be undertaken

within a reasonable time frame (one

year). However, actual implementation

of recommendations that result from the

risk assessment conducted is not

eligible for funding under this NOFA.

The implementation of resulting

recommendations (e.g., comprehensive

or random testing, abatement of lead,

interim control measures, and work

order modifications) may be funded

from other HA sources (i.e., CIAP, CGP,

operating subsidy, operating reserves or

State/local contributions).

In no instance shall the

implementation of interim control

measures satisfy the HA’s obligation

under the Lead-Based Paint Poisoning

Prevention Act to abate lead-based

paint hazards; rather, they are interim

measures to be used until testing and/

or full abatement can be undertaken, as

appropriate. Similarly, in no instance
16562 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

shall conducting a risk assessment

satisfy the HA’s obligation under the

Lead-Based Paint Poisoning Prevention

Act to test for and abate lead-based

paint hazards.

(4) CIAP requirements, as set forth in

24 CFR part 968, subpart B, and the

CIAP Handbook, 7485.1 REV–4, are

applicable to HAs funded under this

NOFA. These requirements encompass

implementation schedules, progress

reports, budget revisions, requests for

extensions, closeouts, etc. Fund

requisitions are to be processed through

the LOCCS/VRS system.

(5) HAs must follow the requirements

of 24 CFR part 85 for the procurement

of risk assessments.

(6) In accepting funding to perform a

risk assessment, HAs must agree to

participate, if requested by HUD, in a

subsequent evaluation of the risk

assessment protocol. This evaluation

will entail a review of collected

sampling data and the effectiveness of

recommended interim control

procedures.

C. Ineligible Costs and Activities

(1) A specific development targeted

within an application is not eligible for

funding, in accordance with the

threshold requirements set forth in

Section II.B. of this NOFA, where the

development has been:

• Tested and abated; or

• Tested and the results were

negative; or

• Tested, results were positive, and

an adequate interim control plan has

been developed; or

• The subject of a risk assessment

previously.

(2) Actual implementation of

recommendations that result from the

risk assessment conducted is not eligible

for funding under this NOFA. The

implementation of resulting

recommendations (e.g., comprehensive

or random testing, abatement of lead,

interim control measures, and work

order modifications) may be funded

from other HA sources (i.e., CIAP, CGP,

operating subsidy, or operating

reserves). HAs are expected to

implement these recommendations,

especially those related to interim

control measures when abatement of

lead hazards will not take place within

a reasonable time (one year). In no

instance shall the implementation of

interim control measures satisfy the

HA’s obligation under the Lead-Based

Paint Poisoning Prevention Act to test

and/or abate lead-based paint hazards.

(3) Funds under this NOFA may not

be used to purchase insurance including

existing-conditions LBP liability

insurance. While funds may be used to

conduct risk assessments required to be

in place prior to the issuance of an

insurance policy, under no

circumstance may these funds be used

to pay for the premiums associated with

this insurance.

D. Selection of Applications

(1) Applications will be selected for

funding only after they have been

deemed eligible in accordance with the

threshold requirements set forth in

Section II.B. of this NOFA. The

Department expects to have enough

money to fund all eligible applications.

In the event funding requests exceed the

amount available, awards will be made

based on a first-come, first-served basis

as indicated by the date- and time-stamp

posted by the HUD Field Office when

the HA’s application is submitted.

(2) Field Offices shall ensure that all

applications (including copies) are dateand time-stamped immediately upon

receipt. Field Offices shall notify

Headquarters of funding decisions on

July 13, 1995. The Field Office will be

responsible for identifying, notifying

applicants of, and receiving corrections

of any technical deficiencies in the

application, as discussed in Section IV

of this NOFA.

(3) The Field Office Public Housing

Division Director shall make final

funding decisions. Each Field Office

will advise Headquarters, by the date

specified in Section I.D (2) of this

NOFA, of the number of eligible

applications, the amounts requested for

each eligible development listed in each

eligible application, and the total

amount requested by an eligible housing

authority. Headquarters will assign

funds to the Field Offices based on total

amounts requested from applicant HAs

within each Field Offices’ jurisdiction.

E. Notification of Awards

The Field Office will notify the HA of

its funding decision after HUD has

completed the required congressional

notification. Reservation and

congressional notification documents

will be prepared by the Field Office.

II. Application Process

A. General Requirements

Forms that comprise the application

kit are available from HUD Field

Offices. To be considered for funding,

an original and 2 copies of the

application must be submitted to the

HUD Field Office that has jurisdiction

over the applicant HA. An application

may be submitted immediately upon

publication of this NOFA, and must be

submitted before 3:00 p.m., local time,

on May 30, 1995, to the HUD Field

Office that has jurisdiction over the

applicant HA. The contents of the

application are listed below, in Section

III of this NOFA.

The above-stated deadline is firm as

to date and hour. In the interest of

fairness to all 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.

B. Threshold Requirements

To be considered eligible for funding,

an HA must propose to conduct risk

assessments for pre-1980 family

developments that:

• Have not previously been the

subject of a risk assessment; or

• Have not been tested and abated; or

• Have been tested and results were

positive, but the developments have not

been abated or an adequate interim

control plan has not been developed.

III. Checklist of Application

Submission Requirements

The following documents comprise

the application:

(a) OMB Standard Form 424,

Application for Federal Assistance (HAs

shall complete only items 2, 5, 12, 13,

14, 15, 17 and 18) and SF–424(B);

(b) Form HUD–52825, Comprehensive

Assessment/Program Budget, Part I—

Summary. The total amount requested

for funding will be identified on this

form under either account 1410.1,

Administration (where HA staff will be

used and the HA certifies that it has the

capability of, and will be conducting the

professional risk assessment; NOTE: a

portion, not to exceed ten percent [10%]

of the funding requested, may be used

for administrative expenses incurred by

the HA, including the use of a

consultant to prepare background

materials in support of the risk

assessment), or account 1430.2,

Consultant Fees (where the HA will be

contracting for the professional risk

assessment).

(c) Form HUD–52825, Comprehensive

Assessment/Program Budget, Part II—

Supporting Pages. Developments

proposed to be the subject of a risk

assessment are to be identified on this

form. The applicant must provide the

name; address; project number; total

number of units; number of units to be

sampled, in accordance with the

requirements set forth in Section I.A(3)

of this NOFA and in the risk assessment

protocol; and amount requested for each
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16563

development, with supporting

justification, as appropriate.

(d) Certification signed by the HA

Executive Director that, at a minimum,

the risk assessment protocol to be used

will be equivalent to the Department’s

protocol.

(e) Certification signed by the HA

Executive Director that the proposed

risk assessment will be completed

within eighteen (18) months of the date

that funds are awarded and that the HA

agrees to participate, if requested by

HUD, in a subsequent evaluation of the

risk assessment protocol, to assess its

validity for the identification of leadbased paint hazards and effectiveness in

addressing those hazards.

(f) Certification signed by the HA

Executive Director that a copy of the

completed risk assessment will be

provided to the appropriate HUD Field

Office upon completion of the

assessment.

(g) Certification that HA staff are

qualified to conduct LBP risk

assessments in accordance with the

protocol, if applicable.

(h) Certification that the HA will

comply with the requirements of section

3 of the Housing and Urban

Development Act of 1968 (12 U.S.C.

1701u) and the implementing

regulations at 24 CFR part 135.

(i) Form HUD–50070, Certification for

Drug-Free Workplace.

(j) Certification for Contracts, Grants,

Loans and Cooperative Agreements,

required of HAs established under State

law that are applying for grants

exceeding $100,000.

(k) SF–LLL, Disclosure of Lobbying

Activities, required of HAs established

under State law only where any funds,

other than federally appropriated funds,

will be or have been used to influence

Federal workers or Members of Congress

or their staffs regarding specific grants

or contracts.

(l) Form HUD–2880, Applicant/

Recipient Disclosure/Update Report.

IV. Corrections to Deficient

Applications

Immediately after the submission of

an application, the appropriate Field

Office will screen the application to

determine whether all items were

submitted. If items 1, 2, and 3 listed in

Section III, Application Content, of this

NOFA are missing, the application will

be considered substantially incomplete

and, therefore, ineligible for processing.

If the HA fails to submit any of items

4–12 listed in Section III of this NOFA,

or the application contains a technical

mistake, such as an incorrect signatory,

the Field Office will immediately notify

the HA that it has 14 calendar days from

the date of HUD’s written notification to

submit or correct the specified items. If

any of items 4–12 are missing and the

HA does not submit them within the 14-

day cure period, the application will be

ineligible for further processing.

V. Other Matters

A. Environmental Review

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. The finding of no significant

impact 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, Room 10276, Department of

Housing and Urban Development, 451

Seventh Street, SW., Washington, DC

20410–0500.

B. Federalism Executive Order

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 NOFA merely sets

forth funding availability for HAs to

conduct, at their discretion, risk

assessments for lead paint hazards.

C. Family Executive Order

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this notice will likely

have a beneficial impact on family

formation, maintenance, and general

well-being. Families could benefit from

this funding action as a result of the

identification of immediate and

potential lead-based paint hazards; that

identification will ultimately lead to a

safer environment. However, since the

impact on the family is not necessarily

significant and is beneficial, no further

review is considered necessary.

D. Section 102 of the HUD Reform Act;

Documentation and Public Access

Requirements; Applicant/Recipient

Disclosures

Disclosures. HUD will make available

to the public for five years all applicant

disclosure reports (HUD Form 2880)

submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than 3 years. All

reports—both applicant disclosures and

updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations at 24

CFR part 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 these disclosure

requirements.)

Public notice. HUD will include

recipients that receive assistance

pursuant to this NOFA in its Federal

Register notice of recipients of all HUD

assistance awarded on a competitive

basis. (See 24 CFR 12.16(b), and the

notice published in the Federal Register

on January 16, 1992 (57 FR 1942), for

further information on these

requirements.)

E. 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) is

codified as 24 CFR part 4 and 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 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

Regional or Field Office Counsel, or

Headquarters counsel for the program to

which the question pertains.

F. Section 112 of the Reform Act

Section 13 of the Department of

Housing and Urban Development Act

(42 U.S.C. 3537b), added by section 112

of the Reform Act, contains two
16564 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

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 in

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 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.

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) (the ‘‘Byrd Amendment’’) 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, 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. The Department has

determined that an IHA established by

an Indian Tribe as a result of the

exercise of its sovereign power is not

subject to the Byrd Amendment, but an

IHA established under State law is

subject to those requirements and

prohibitions.

Authority: 42 U.S.C. 1437l and 3535(d).

Dated: March 17, 1995.

Ronald J. Morony,

Acting Director, Office of Lead-Based Paint

Abatement and Poisoning Prevention.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–7833 Filed 3–29–95; 8:45 am]

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