[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17960-17965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8548]




[[Page 17959]]

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Part V





Department of Housing and Urban Development





_______________________________________________________________________



Joint Community Development Program; Notice

Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 
 
[[Page 17960]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. N-95-3907; FR-3870-N-01]


Office of the Assistant Secretary for Policy Development and 
Research; Joint Community Development Program

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Notice of Funding Availability (NOFA) for FY 1995.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of up to $12 million of 
FY 1994 and FY 1995 special purpose grant funding for the Joint 
Community Development Program (referred to in this Notice as the Joint 
CD Program). The Joint CD Program, authorized by Title I of the Housing 
and Community Development Act of 1974, and as amended by the Housing 
and Community Development Act of 1992, provides special purpose grants 
to institutions of higher education or to States and units of general 
local government submitting applications with institutions of higher 
education to HUD to undertake Community Development Block Grant 
eligible activities.
    For this funding round, HUD seeks to support approximately four to 
five Centers for Community Revitalization at institutions of higher 
education. These Centers, funded at up to $3 million, will undertake 
large-scale, multi-phased, multi-year local community revitalization 
and community building activities. Funded Centers can assist 
neighborhoods or entire localities. Institutions of higher education 
are required to apply on their own, rather than submitting jointly with 
a State or unit of general local government. However, institutions are 
encouraged to form partnerships with units of general local government 
by making part of this funding available to these governments. 
Institutions will be expected to show not only that they have 
demonstrated capacity to undertake community development activities, 
but also that they currently have, or can readily obtain, the capacity 
to implement a large-scale, multi-phased, multi-year community 
revitalization agenda.
    Additional funding for development projects undertaken through the 
Joint CD program will be available from the Structured Employment 
Economic Development Corporation (Seedco), a national nonprofit 
community development support organization. In 1986, Seedco received 
major funding from the Ford Foundation for the National Urban 
Institutions Program, aimed at revitalizing low-income neighborhoods 
through partnerships embracing community-based groups, anchor public 
benefit institutions such as universities and hospitals, and other key 
organizations including local foundations. Seedco has begun additional 
neighborhood revitalization programs in a total of 38 cities with the 
financial support of several philanthropic foundations, socially 
responsible corporate investors, and HUD. Seedco will make available a 
total of up to $2 million in low-interest rate ``gap'' financing for 
eligible community revitalization projects undertaken in cooperation 
with the Centers funded under this NOFA. Only nonprofit tax-exempt 
community-based organizations can be the recipients of Seedco loans.
    The NOFA contains information concerning:
    (1) The purpose of the NOFA and information on the funding 
available, objectives, eligible applicants and activities, and 
selection criteria;
    (2) The application process, including how to apply and how 
selections will be made; and
    (3) A checklist of application submission requirements.

DATES: Application kits may be requested on or after April 26, 1995 
from the address set forth below under ADDRESSES.
    Applications must be physically received by the Office of 
University Partnerships, Office of Policy Development and Research, 
U.S. Department of Housing and Urban Development, in care of the 
Division of Budget, Contracts, and Program Control, in Room 8230 by 
4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to 
this address will not be accepted. The above-stated application 
deadline is firm as to date, hour, and place. 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 delivery-
related problems.

ADDRESSES: To obtain a copy of the application kit, contact: HUD USER, 
ATTN: Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850. 
Requests for application kits must be in writing, but requests may be 
faxed to: 301-251-5747. (This is not a toll free number.) Requests for 
application kits must include the applicant's name, mailing address 
(including zip code), telephone number (including area code) and must 
refer to document ``FR-3870.''

FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University 
Partnerships in the Office of Policy Development and Research, 
Department of Housing and Urban Development, 451 Seventh Street, S.W., 
Room 8110, Washington, DC 20410. Telephone number (202) 708-1537; TDD 
Number (202) 708-1455. (These are not toll-free numbers.) Ms. Karadbil 
can also be contacted via Internet at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="377d5659526868651968687c56455653555e5b777f62731970786119">[email protected]</a>

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
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 number 2535-0084.

I. Purpose and Substantive Description

Purpose

    This program is designed to assist institutions of higher 
education, on their own or with States and units of general local 
government, to expand their role and effectiveness in addressing local 
community development problems.

Objectives

    The objective of this funding round is to nurture and sustain the 
capacity of institutions of higher education to engage in local 
community revitalization and community building activities. HUD seeks 
to support entities that will have the capacity to undertake such 
activities over the long term. Thus, HUD has decided to use this 
funding round to support a small number of Centers for Community 
Revitalization, rather than a larger number of small development 
projects. These Centers can assist neighborhoods or entire localities. 
They can be new or existing entities. Institutions will be expected to 
show not only that they have demonstrated capacity to undertake 
community development activities, but also that they currently have, or 
can readily obtain, the capacity to implement a large-scale, multi-
phased, multi-year community revitalization agenda in concert with 
their local communities. These agendas should both result in measurable 
benefits to their communities and enable the Centers to build the 
capacity they need to institutionalize their role in future local 
community revitalization activities.

[[Page 17961]]

    In addition, Seedco, a national nonprofit community development 
support organization specializing in forging partnerships between urban 
institutions (such as colleges, universities, and medical centers), 
will make available a total of up to $2 million in low-interest rate 
``gap'' financing for eligible community revitalization projects 
undertaken in cooperation with the Centers funded under this NOFA.
A. Authority
    This program is authorized under section 801(c)(2) of the Housing 
and Community Development Act of 1992 (Pub. L. 102-550, approved 
October 28, 1992), which amended section 107 of Title I of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) to add a 
new category of special purpose grants. The program is governed by 
regulations contained in 24 CFR 570.411.
B. Allocation Amounts and Form of Award
    This notice announces HUD's intention to award up to $12 million 
(from the FY 1994 and FY 1995 appropriations) to fund approximately 
four to five Centers. The maximum amount awarded to any applicant will 
be $3 million. Because of the multi-phase nature of the projects the 
Centers will undertake, grant funds will be available until expended. 
The loans made available through Seedco will be made after grant award 
at a point when they are needed for development activities. In response 
to this NOFA, an applicant should submit only a general description of 
the Seedco loan requirements associated with the Center's project(s).
C. Eligibility
1. Eligible Applicants.
    Under this funding round, only institutions of higher education 
with demonstrated capacity to carry out eligible activities under Title 
I may apply. Consortia of institutions of higher education are not 
eligible to apply for this funding round. However, institutions are 
encouraged to engage units of general local government to undertake 
development activities. Institutions can use up to 20 percent of the 
grant funds to establish and maintain Centers and assist localities in 
planning projects. Institutions may also use the remaining part of the 
grant for other CDBG eligible activities. However, they are encouraged 
to involve their appropriate units of general local government by 
making available to these governments as much of the funding as is 
feasibly possible. Units of general local government can pass these 
funds through to others, including community-based organizations. The 
only entities eligible to receive the Seedco loans are nonprofit tax-
exempt community-based organizations undertaking development projects 
in cooperation with the Centers.
    Demonstrated capacity to carry out eligible activities means recent 
satisfactory performance by the institution of higher education's staff 
designated to work on the program, including subrecipients and 
consultants firmly committed to work on the proposed activities, in 
Title I programs or similar programs without the need for oversight by 
a State or unit of general local government.
    Institution of higher education means a college or university 
granting 4-year degrees and accredited by a national or regional 
accrediting agency recognized by the U.S. Department of Education.
2. Eligible Activities.
    Activities that may be funded under this section are those eligible 
under 24 CFR part 570--Community Development Block Grants, subpart C--
Eligible Activities. Activities may be designed to assist residents of 
colonias, as defined in Section 916(d) of the Cranston-Gonzalez 
National Affordable Housing Act (Pub. L. 101-625), to improve living 
conditions and standards within colonias.
    Applicants are expected to propose a large-scale, multi-phased, 
multi-year strategy for addressing local community revitalization 
needs. The strategy can focus on one neighborhood, several 
neighborhoods, or the entire locality. The applicant may also choose to 
assist more than one locality. In this case, activities are limited to 
a central city and one contiguous jurisdiction. For example, an 
applicant could work with its unit of general local government on 
rebuilding a neighborhood, including housing rehabilitation, job 
training, and education. An applicant could work with its local school 
district on a multi-faceted approach involving all levels of the public 
schools in order to prevent youths from dropping out of school. An 
applicant could work with its central city and a contiguous suburb on 
developing affordable housing. Or an applicant could work with several 
localities to implement a strategic economic development plan for the 
region. If any applicant proposes to work in multiple jurisdictions, it 
must demonstrate the benefits to all jurisdictions involved. Because of 
the size of these grants, applicants are expected to propose programs 
which will have a measurable, substantive, and long-term impact on the 
communities they assist. Applicants will also be expected to use these 
programs as a vehicle for developing the capacity to sustain the Center 
in conducting similar work over the long term.
    For the Seedco loans, eligible activities include affordable 
housing, business development or expansion, and economic development 
projects including social services, health, education, and other 
similar facilities.
    While Seedco loans will be available for eligible activities, 
applicants should understand that they are not required to develop 
projects involving Seedco loans, nor will selection be based on the 
inclusion or exclusion of such activities in an application.
    Applicants must ensure that all project activities meet one of the 
national objectives of the Community Development Block Grant program, 
as described in 24 CFR 570.200. Applicants are also bound by the 
statutory requirement that not more than 20 percent of the total grant 
be spent on planning and administration. The 15 percent public service 
limitation, applicable to units of general local government, is not 
applicable to institutions of higher education who may, thus, choose to 
spend any portion of the grant on public service activities.
    The use of grant funds awarded under this NOFA to pay Seedco to 
provide technical assistance or any other needed services will be an 
ineligible activity. It should be noted that this restriction is 
imposed solely to prevent any appearance of a conflict of interest, 
since Seedco is a partner to HUD in this joint venture, and is not 
intended to single out Seedco for any other reason.
3. Environmental Review
    (a) General information. Joint community development planning and 
institution building activities are not subject to environmental review 
procedures, but proposed physical development must be reviewed for 
environmental impact. Physical development includes acquisition, 
rehabilitation, conversion, lease, repair, demolition or construction 
of property. Since the application will identify general locations of 
joint community development activities rather than specific sites to be 
assisted, the environmental review procedures will not be conducted 
until specific sites for physical development (if any) are identified 
by the grant recipient. Any activities which require an environmental 
review cannot be undertaken, nor any grant funds expended on these 
activities, until such [[Page 17962]] reviews are completed. Grants 
will be made conditional upon the performance of environmental review 
and no grant funds for physical development of specific sites can be 
drawn down until these reviews are completed. Applicants who anticipate 
the use of the grant for physical development of specific sites are 
encouraged to select hazard-free and problem-free properties for their 
joint community development activities.
    (b) Environmental assurance. Applications shall contain an 
assurance that the applicant agrees to assist HUD to comply with the 
environmental laws and authorities at 24 CFR part 50, and that the 
applicant will (i) supply HUD with information necessary for HUD to 
perform any necessary environmental review of each property; (ii) carry 
out mitigating measures required by HUD or select alternate eligible 
property; and (iii) not acquire, rehabilitate, convert or demolish, 
lease, repair or construct or otherwise carry out any program 
activities with respect to any eligible site or property, until HUD 
environmental clearance for the site or property is received.
    (c) Environmental procedures and standards. HUD shall determine 
whether a NEPA environmental assessment is required. Also HUD shall 
determine whether the proposed property triggers thresholds for the 
applicable Federal environmental laws and authorities listed at 24 CFR 
50.4 as follows:
    (1) For minor rehabilitation of a building and any property 
acquisition (including lease), Federal environmental laws and 
authorities may apply when the property is: (i) Located within 
designated coastal barriers; (ii) Contaminated by toxic chemicals or 
radioactive materials; (iii) Located within a floodplain; (iv) A 
building for which flood insurance protection is required; (v) Located 
within a runway clear zone at a civil airport or within a clear zone or 
accident potential zone at a military airfield; (vi) Listed on, or 
eligible for listing on, the National Register of Historic Places; 
located within, or adjacent to an historic district, or is a property 
whose area of potential effects includes a historic district or 
property;
    (2) For major rehabilitation of a building and also for substantial 
improvement in floodplains, in addition to paragraphs (c) (i) through 
(vi) of this section, other Federal environmental laws and authorities 
may apply when the property: (i) Has significant impact to the human 
environment; (ii) Is a project involving five or more dwelling units 
severely noise-impacted; (iii) Affects coastal zone management.
    (3) For new construction, conversion or increase in dwelling unit 
density, in addition to paragraphs (c)(1) (i) through (vi) and 
paragraphs (c)(2) (i) through (iii) of this section, other Federal 
environmental laws and authorities may apply when the property: (i) Is 
located near hazardous industrial operations handling fuels or 
chemicals of an explosive or flammable nature; (ii) Affects a sole 
source aquifer; (iii) Affects endangered species; or (iv) Is located 
within a designated wetland.
    (d) Minor rehabilitation means proposed fixing and repairs: (i) 
Whose estimated cost is less than 75 percent of the property value 
after completion; (ii) That does not involve changes in land use from 
residential to nonresidential, or from nonresidential to residential; 
(iii) That does not involve the demolition of one or more buildings, or 
parts of a building, containing the primary use served by the property; 
and (iv) That does not increase unit density more than 20 percent.
    (e) Responsibility for compliance. HUD shall conduct the 
environmental review in accordance with 24 CFR part 50. Another 
agency's environmental review--including a review prepared by a state, 
local, or tribal government authorized under 24 CFR part 58--may be 
adopted in cases where HUD has obtained such other review and confirmed 
that the previous review covers the issues that require environmental 
review under this 24 CFR 50.

II. Selection Process

A. General

    Applications for funding under this NOFA will be evaluated 
competitively, and points will be awarded as specified in the Selection 
Factors section below. Seedco will serve as a technical advisor to HUD 
in the application review process, reviewing applications and providing 
advice to HUD on the feasibility of proposed development projects. 
However, authority to select Joint CD grantees will rest solely with 
HUD. After points have been assigned based on the factors, all 
applications will be put in rank order. Applications will then be 
funded in rank order until all funds have been exhausted. However, in 
order to be funded, an application must receive a minimum score of 70. 
HUD reserves the right to fund all or portions of the proposed 
activities identified in each application, based on eligibility of the 
proposed activities. If more than 50 percent of the amount requested in 
the application is for ineligible activities, the application will not 
be funded.
    If two or more applications have the same number of points, the 
application with the most points for selection factor (3), 
``Institutionalization of the community building partnership,'' shall 
be selected. If there is still a tie, the application with the most 
points for selection factor (5) ``Match,'' shall be selected.
    If the amount of funds remaining after funding as many of the 
highest ranking applications as possible is insufficient for the next 
highest ranking application, HUD shall determine (based upon the 
proposed activities) if it is feasible to fund part of the application 
and offer a smaller grant to the applicant. If HUD determines that 
given the proposed activities a smaller grant amount would make the 
activities infeasible, or if the applicant turns down the reduced grant 
amount, HUD shall make the same determination for the next highest 
ranking application until all applications with scores of at least 70 
points or available funds have been exhausted.
    If HUD receives an insufficient number of applications to award all 
funds, or if funds remain after HUD selects all approvable 
applications, HUD may negotiate increased amounts of grant awards. 
Increased grants will be offered in rank order to applicants with 
scores of at least 70 points.
B. Geographic Distribution

    HUD reserves the right to make selections out of rank order to 
provide for a geographic distribution of funded projects. If HUD 
decides to implement this option, it will select at least one project 
in each Federal Census Region.

C. Negotiations

    HUD requires that all successful applicants participate in 
negotiations to determine the specific terms of the Statement of Work 
and grant budget (see IV.A.4). In cases where HUD cannot successfully 
conclude negotiations, awards will not be made. In such instances, HUD 
may elect to offer an award (in an amount not to exceed the amount of 
remaining funds available for the competition) to the next highest 
ranking applicant and proceed with negotiations as described above.

D. Optional Match

    Although applicants are not required to provide a match in order to 
qualify for funding, those that do will be at a competitive advantage 
(see section II.E.5).

E. Selection Factors

    HUD will use the following criteria to rate and rank applications 
received in [[Page 17963]] response to this NOFA. The factors and 
maximum points for each factor are provided below. The maximum number 
of points is 100.
    Rating of the ``applicant'' or the ``applicant's organization and 
staff,'' unless otherwise specified, will include any subrecipients and 
consultants which are firmly committed to the project.
1. Addressing the Objectives (Maximum Points: 25)
    The extent to which the applicant addresses the objectives of this 
program as stated in paragraph I above. Applicants must address how the 
proposed activities will both revitalize some aspect of the 
locality(ies) being assisted (e.g., for a pressing urban problem such 
as housing, education, or crime prevention or for a neighborhood) while 
at the same time building long-term institutional capacity for the 
Center to undertake other community revitalization activities.
    In rating this factor, the Department will consider:
    a. The extent to which the applicant demonstrates that the proposed 
activities and program will expand its role and effectiveness in 
addressing community revitalization/development needs in the 
locality(ies) being assisted. The applicant should explain its current 
role in community revitalization and how that role would change and be 
enhanced as a result of this grant. The applicant should also describe 
the process or rationale used to determine that the activities selected 
could best ensure this sustainability.
    b. The extent to which the applicant demonstrates how the proposed 
activities will make a substantial contribution to achieving local 
community revitalization/development objectives. The applicant should 
identify measurable results expected to be achieved from undertaking 
the proposed activities.
    c. The extent to which institutionalization of the proposed 
functions at the college or university will occur.
    d. The extent to which there is non-Federal (e.g., State and local 
government, private sector, or foundation) interest in sustaining the 
Center, e.g., in the form of pledges for future funding or 
identification of future projects to be undertaken.
2. Impact of the Project (Maximum Points: 20)
    The extent to which participation of the Center in these activities 
strengthens the community revitalization activities of the 
locality(ies) being assisted.
    In rating this factor, the Department will consider the extent to 
which the Center is innovative or defines a role for itself which does 
not duplicate or substitute for the work of any other entity serving 
the community.
3. Institutionalization of the Community Building Partnership (Maximum 
Points: 10)
    The extent to which the applicant demonstrates that the proposed 
project will result in the institutionalization of a community building 
partnership between the institution of higher education and the local 
community.
    In rating this factor, HUD will consider:
    a. The extent to which the Center results in a formalization of a 
long-term partnership with the unit of general local government, 
including the extent to which funds will be made available to the unit 
of general local government(s).
    b. The extent to which the Center results in the creation or 
continuance of a structure within the institution of higher education 
to undertake community revitalization and community building 
activities.
4. Management Approach (Maximum Points: 20)
    The extent to which the applicant demonstrates that the proposed 
management approach will enable the applicant to achieve the objectives 
in section I.
    In rating this factor, the Department will consider:
    a. The extent to which the applicant's proposed management plan:
    i. Clearly delineates staff responsibilities and accountability for 
all work required;
    ii. Clearly delineates a multi-phased agenda;
    iii. Presents a work plan with a clear and feasible schedule for 
conducting all project tasks; and
    iv. Presents a reasonable and adequate planned budget as reflected 
in the budget by task and supporting rationale and justification for 
the budget.
    b. The extent to which the institution, rather than sub-recipients, 
is responsible for planning and administration.
5. Match (Maximum Points: 10)
    The extent to which the applicant demonstrates the financial 
feasibility of achieving the objectives, including the long-term 
sustainability of the Center.
    In rating this factor, the Department will consider the extent to 
which the applicant demonstrates the commitment of matching funds, 
staffing, services, and other in-kind resources to the project. Maximum 
points will be awarded to applications that provide a match at least 
equal to the grant request.
6. Capacity (Maximum Points: 15)
    The extent to which the applicant demonstrates the capacity to 
carry out satisfactorily the proposed activities in a timely fashion, 
including successful performance in carrying out any prior HUD-assisted 
projects or activities.
    In considering this factor, the Department will consider:
    a. The extent to which the applicant demonstrates how recent and 
relevant the experiences of the staff proposed to undertake the project 
are.
    b. The extent to which the applicant demonstrates that its past and 
current projects funded by HUD and/or other Federal or private sector 
sources are or have been completed on schedule and have met or are 
meeting the goals established for that funding.
    c. The extent to which the capacity developed under this grant can 
sustain the Center over the long term.
    d. The extent to which the applicant demonstrates a commitment to 
fair housing and equal opportunity, through activities such as support 
for Minority/Women Owned Businesses or innovative fair housing 
programs.

III. Application Process

A. Obtaining Applications

    To obtain a copy of the application kit, contact: HUD USER, ATTN: 
Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850. Requests 
for application kits must be in writing, but requests may be faxed to: 
301-251-5747 (this is not a toll-free number). Requests for application 
kits must include the applicant's name, mailing address (including zip 
code), telephone number (including area code) and must refer to 
document ``FR-3870''. HUD strongly recommends the use of the fax 
transmission option to promote accuracy and expedite HUD response time. 
Application kits may be requested on or after April 26, 1995.

B. Application Deadline

    To be considered for funding, the application package must be 
physically received by the Office of University Partnerships, Office of 
Policy Development and Research, U.S. Department of Housing and Urban 
Development, in care of the Division of Budget, Contracts, and Program 
Control, Room 8230, 451 Seventh Street, SW., Washington, DC 20410 by 
4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to 
this address will [[Page 17964]] not be accepted. The application 
deadline is firm as to date, hour and place. 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 delivery-
related problems.

IV. Checklist of Application Submission Requirements

A. Application Content

    The application kit contains instructions which must be followed in 
submitting an application. The following is a checklist of the 
application contents that will be specified in the Request for Grant 
Applications (the technical term for the application kit):
    (1) Transmittal letter signed by the Chief Executive Officer of the 
institution;
    (2) OMB Standard Forms 424 (Application for Federal Assistance), 
Form 424B (Non-Construction Assurances) and Budget Summary;
    (3) Executive summary of the proposed project;
    (4) Statement of Work (no more than 15 pages) which must describe 
the community(ies) and, if appropriate, neighborhood(s) to be assisted 
and the tasks or activities that will be undertaken with project funds.
    (5) If the applicant proposes to work in more than one 
jurisdiction, an explanation of the benefits to all jurisdictions 
involved.
    (6) Narrative summary of Project Management Work Plan, describing 
the tasks, schedule, and staff needed to accomplish the project.
    (7) A general description of the kinds of activities for which 
Seedco assistance would be needed.
    (8) Letters from the appropriate sources attesting to the provision 
of any matching funds.
    (9) Narrative statement addressing each of the rating factors in 
Section II.E.
    (10) Where there are any fair housing or civil rights issues, the 
applicant should address them. The applicant should also address any 
unresolved civil rights and/or equal opportunity issues that resulted 
from findings or attempted resolutions with respect to agencies or 
departments other than HUD, e.g., the Department of Education, the 
Department of Labor, the Department of Health and Human Services, or 
the Department of Agriculture, that are known or become known to the 
applicant.

B. Certifications and Exhibits

    Applications must also include the following documents. In the 
absence of independent evidence which 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.
    (1) Drug-Free Workplace Certification.
    (2) Form SF-LLL, Disclosure of Lobbying Activities, if applicable.
    (3) Form HUD-2280, Applicant/Recipient Disclosure/Update Report.
    (4) A copy of the institution's most recent audit specifying that 
the applicant's accounting system meets the requirements of OMB 
Circulars A-21 and A-110 or a letter from the Chief Financial Officer 
of the applicant's organization stipulating they are in compliance with 
the requirements of OMB Circulars A-21 and A-110.
    (5) A letter from the chief executive officer or resolution of the 
governing body of the affected locality or localities in which the 
activities are to be undertaken that the activities are not 
inconsistent with the locality's Consolidated Plan (see 24 CFR part 
91). If the activities will take place in more than one locality, a 
letter or resolution from each locality should be submitted.
    (6) A certification that the citizens likely to be affected by the 
project, regardless of race, color, creed, sex, national origin, 
familial status, or handicap, have been provided an opportunity to 
comment on the proposal or application.

V. 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 non-substantive 
deficiencies or errors. Any deficiency 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.

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 USC 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. Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
and procedures 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. Specifically, the notice solicits participation in an effort to 
provide assistance to institutions of higher education to expand their 
role in addressing community development needs in their localities and 
does not impinge upon the relationships between the Federal government 
and State or local governments.

C. Impact on the Family

    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. The assistance to be provided by the funding under this 
NOFA is expected to help local residents to become self-sufficient by 
improving living conditions and standards. Accordingly, since the 
impact on the family is beneficial, no further review is considered 
necessary.

D. Documentation and Public Access Requirements: HUD Reform Act

    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 30 
[[Page 17965]] 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.)

E. Prohibition Against Advance Information on Funding Decisions

    HUD's regulation implementing section 103 of the HUD 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 this 
funding competition. 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. (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 field Counsel, or 
Headquarters counsel for the program to which the question pertains.

F. Prohibition Against Lobbying of HUD Personnel

    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 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912). The final rule is codified at 
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 the regulation.
    Any questions about the rule should be directed to the Office of 
Ethics, Room 2158, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-3000. Telephone: (202) 708-
3815 TDD: (202) 708-1112. 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, 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.

    Authority: Section 107 of Title I, Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.; section 801(c)(2) 
of the Housing and Community Development Act of 1990 (Pub. L. 102-
550, approved October 28, 1992).

    Dated: March 30, 1995.
Michael A. Stegman,
Assistant Secretary for Policy Development and Research
[FR Doc. 95-8548 Filed 4-6-95; 8:45 am]
BILLING CODE 4210-62-P

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