18456 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Community Planning and

Development

[Docket No. N–95–3899; FR–3894–N–01]

Notice of Funding Availability for FY

1995 Historically Black Colleges and

Universities Program

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Notice of Funding Availability

(NOFA) for Fiscal Year (FY) 1995.

SUMMARY: This NOFA announces up to

$4.0 million of FY 1995 funding for the

Historically Black Colleges and

Universities (HBCU) Program plus any

recaptured funds from prior

appropriations. In the body of this

document is information concerning the

following:

a. The purpose of the NOFA and

information regarding available

amounts, objectives, eligibility and

selection criteria;

b. Application processing, including

how, where and when to apply and how

selections will be made.

DATES: No applications will be accepted

after 4:30 p.m. on August 9, 1995. This

application deadline is 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. Applications may not

be submitted by facsimile (FAX).

ADDRESSES: For an application kit

contact: Processing and Control Branch,

Office of Community Planning and

Development, Department of Housing

and Urban Development, 451 7th Street,

SW., Room 7255, Washington, DC,

20410–3500. Attn: HBCU Program.

Requests must be in writing and may be

sent to this address or may be made by

facsimile machine to the following

number: (202) 708–3363. The TDD

number for the hearing impaired is (202)

708–2565. (This is not a toll-free

number.) When requesting an

application kit, please refer to document

FR–3894, and provide your name,

address (including zip code), and

telephone number (including area code).

Requests for HBCU application packages

should be made immediately. HUD will

distribute application packages as soon

as they become available.

Application Submission: An original

and three copies of the completed

application should be submitted to the

following address: Processing and

Control Branch, Office of Community

Planning and Development, Department

of Housing and Urban Development,

451 7th Street, SW., Room 7255,

Washington, DC, 20410–3500. Attn:

HBCU Program.

FOR FURTHER INFORMATION CONTACT: Dr.

James Turk, Office of Technical

Assistance, Department of Housing and

Urban Development, 451 7th Street,

SW., Room 7253, Washington, DC

20410. Telephone Number: (202) 708–

3176. The TDD number for the hearing

impaired is (202) 708–2565. (These are

not toll-free numbers.)

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

the Paperwork Reduction Act of 1980

(44 U.S.C. 3501–3520). The control

number for information described in

this document is 2506–0122.

I. Purpose and Substantive Description

Purpose. This program is designed to

assist HBCUs to expand their role and

effectiveness in addressing community

development in their localities. For the

purposes of this program, the term

‘‘locality’’ includes any city, county,

town, township, parish, village, or other

general political subdivision of a State

within which an HBCU is located. An

HBCU located in a metropolitan

statistical area (MSA), as established by

the Office of Management and Budget,

may consider its locality to be one or

more of these entities within the entire

MSA. The nature of the locality for each

HBCU may, therefore, differ depending

on its location.

Objectives. The objectives of this

program are:

1. To help HBCUs expand their role

and effectiveness in addressing

community development needs in their

localities, including neighborhood

revitalization, housing, and economic

development, consistent with the

purposes of title I of the Housing and

Community Development Act of 1974;

and

2. To help HBCUs address the needs

of their locality(ies) while furthering the

following HUD values:

• A Commitment to Community;

• A Commitment to Support

Families;

• A Commitment to Economic Lift;

• A Commitment to Reciprocity and

to Balancing Individual Rights and

Responsibilities.

• A Commitment to Reducing the

Separations by Race and Income in

American Life.

3. Consistent with section 3 of the

Housing and Urban Development Act of

1968, it is HUD’s policy to encourage

and ensure that the employment and

other economic opportunities generated

by Federal financial assistance for

housing and community development

programs shall, to the greatest extent

feasible, be directed toward low- and

very low-income persons, particularly

those who are recipients of government

assistance for housing.

Applicants must address objective 1

by successfully demonstrating how the

proposed activities will expand the role

of the HBCU in meeting local

community economic development and/

or housing needs while furthering

HUD’s values identified in objective 2.

A. Authority

This program is authorized under

section 107(b)(3) of the Housing and

Community Development Act of 1974

(the 1974 Act), which was added by

section 105 of the HUD Reform Act of

1989. The program is governed by

regulations contained in 24 CFR 570.201

through 570.207, 24 CFR 570.400,

570.404 and 24 CFR part 570, subparts

A, C, J, K and O.

B. Allocation Amounts and Form

The Departments of Veterans Affairs

and Housing and Urban Development,

and Independent Agencies

Appropriations Act 1995 (approved

September 28, 1994, Pub. L. 103–327)

(1995 App. Act) appropriated

$44,000,000 for special purpose grants

pursuant to section 107 of the Housing

and Community Development Act of

1974. This notice announces HUD’s

intention to award up to $4.0 million

from these FY 1995 funds (plus any

additional recaptured funds from prior

appropriations) to fund HBCU projects.

The maximum amount awarded to any

applicant will be $500,000. The awards

will be made in the form of grants.

C. Eligibility

1. Eligible Applicants. Only HBCUs as

determined by the Department of

Education in 34 CFR 608.2 in

accordance with that Department’s

responsibilities under Executive Order

12677, dated April 28, 1989, are eligible

to submit applications.

2. Eligible Activities. Activities that

may be funded under this NOFA are

those activities eligible for Community
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18457

Development Block Grant (CDBG)

funding. They are listed in 24 CFR

570.201 through 570.206. Basic eligible

activities include:

a. Identifying specific needs for

affordable housing and increasing

housing opportunities for low- and

moderate-income persons throughout

the locality;

b. Providing adequate infrastructure

to support housing and economic

development;

c. Meeting environmental review

requirements to permit economic

growth;

d. Supporting community design

projects with amenities to improve

living conditions and to create a climate

which invites investment;

e. Forming partnerships with the State

and local government to address the

physical, social and economic needs of

the community in a comprehensive

manner;

f. Developing programs that provide a

continuum of care for the homeless;

g. Working with local groups and

organizations to combat discrimination

in housing, mortgage credit and

insurance, and to further fair housing;

h. Promoting opportunities for the

creation and expansion of small

businesses and minority enterprises;

i. Providing technical assistance and

opportunities for homeownership;

j. Providing assistance to preserve the

inventory of low-income housing in the

locality through rehabilitation and

preservation efforts; and

k. Promoting opportunities for

training and employment of low-income

residents in connection with HUD and

other Federally-assisted projects and

activities.

Those applicants planning to use

funds for the provision of public

services are bound by the statutory

requirement that not more than 15% of

the total grant amount be used for

public service activities.

3. Environmental Review. If the

applicant proposes activities involving

rehabilitation of structures or

construction of buildings, an

environmental review by HUD is

required and the proposed project must

pass an environmental review in

accordance with 24 CFR part 50,

including the authorities at § 50.4. If the

requirements of part 50 are not met,

HUD reserves the right to terminate all

or portions of the award. The grantee is

not authorized to proceed with any

activity requiring such approval until

written approval is received from the

HUD State environmental office in your

area certifying that the project has been

approved.

D. Selection Criteria/Rating Factors

An applicant must demonstrate that it

meets the objectives of this HBCU

program by scoring at least 12 of the

possible 20 points on rating factor 1

(addressing the objectives) in order to

qualify for funding. Applicants must

also receive a minimum score of 70 out

of the total of 100 points to be

considered eligible for funding.

Activities which are not eligible for

funding under this program (see 24 CFR

570.207) will not be funded. If more

than 50 percent of the amount requested

in the application is for ineligible

activities, the application will not be

funded.

Applications for funding under this

Notice will be evaluated competitively,

and awarded points based on the factors

identified below. The Department will

rank the applications in descending

order according to score. Applications

meeting the minimum threshold

requirements will be funded in rank

order, until all available funds have

been obligated, or until there are no

acceptable applications.

Negotiations. After all applications

have been rated and ranked and a

determination of successful applicants

has been made, HUD requires that all

successful applicants participate in

negotiations to determine the specific

terms of the Statement of Work and

grant budget. 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.

Optional Match. Although match is

not required to qualify for funding, the

Department wishes to stress that

applicants that evidence a commitment

of matching funds, in accordance with

Rating Factor 4.b., below, are eligible for

more rating points than those not having

a match. The maximum number of

rating points an applicant can receive

for matching funds is 7 points out of the

100 point total. Applicants having a

cash match will receive a higher number

of points than those only providing inkind services or not providing any

match for program activities. Matching

funds may be in the form of cash and/

or in-kind goods or services.

Rating Factors. The factors set forth

below will be used by the Department

to evaluate applications. Each

application must contain sufficient

information to be reviewed for its

merits. The score of each factor will be

based on the qualitative and

quantitative aspects demonstrated for

each factor in an application. The

factors, and the maximum number of

points for each factor (out of a total of

100 points), are as follows:

1. Addressing the Objectives.

(maximum points: 20)

The extent to which the applicant

addresses the objectives of this program

is examined by this factor. Applicants

must address objective i. by successfully

demonstrating how the proposed

activities will expand the role of the

HBCU in meeting local community

economic development and/or housing

needs while furthering HUD’s values

identified in objective ii.

a. The objectives of this program are:

i. To help HBCUs expand their role

and effectiveness in addressing

community development needs in their

localities, including neighborhood

revitalization, housing, and economic

development, consistent with the

purposes of the 1974 Act; and

ii. To help HBCUs address the needs

of their localities in meeting the

following HUD values:

• A Commitment to Community;

• A Commitment to Support

Families;

• A Commitment to Economic Lift;

• A Commitment to Reciprocity and

to Balancing Individual Rights and

Responsibilities.

• A Commitment to Reducing the

Separations by Race and Income in

American Life.

iii. Consistent with section 3 of the

Housing and Urban Development Act of

1968, it is HUD’s policy to encourage

and ensure that the employment and

other economic opportunities generated

by Federal financial assistance for

housing and community development

programs shall, to the greatest extent

feasible, be directed toward low- and

very low-income persons, particularly

those who are recipients of government

assistance for housing.

b. In rating this factor, the Department

will consider:

i. The extent to which the applicant

demonstrates that the proposed

activities and program will expand its

role and effectiveness in addressing

community development needs in its

locality(ies), in accordance with the

objective specified in section I.D.1.a.i. of

this NOFA, above; and

ii. The extent to which the applicant

demonstrates that the proposed

activities will further one or more of the

HUD values specified in section

I.D.1.a.ii. of this NOFA, above.

iii. The extent to which the applicant

demonstrates that it will provide to the

greatest extent feasible, and consistent
18458 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

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.

2. Substantial Impact in Achieving

Objectives. (maximum points: 25)

The extent to which the applicant

demonstrates that the proposed

activities would have a substantial

impact in achieving the objectives in

sections I.D.1.a.i. and ii of this NOFA,

above, is examined by this factor. In

rating this factor the Department will

consider:

a. The extent to which the applicant

demonstrates how the proposed

activities will address high priority

needs identified in each locality’s

community development plan or

program, or HUD-approved

Consolidated Plan in accordance with

24 CFR part 91.

b. The extent to which the applicant

demonstrates how the proposed

activities will substantially address the

needs of the locality within the

framework of HUD’s values.

3. Special Needs of Applicant or

Locality. (maximum points: 10)

The extent to which the applicant

demonstrates that the locality has

special needs which will be addressed

or met by the proposed activities,

particularly with respect to benefitting

low- and moderate-income persons,

including minorities, is examined by

this factor. In rating this factor, HUD

will consider the urgency of the special

need in the locality, particularly with

respect to low- and moderate-income

persons, including minorities.

4. Technical and Financial Feasibility

and Match. (maximum points: 25)

The extent to which the applicant

demonstrates the technical and financial

feasibility for achieving the objectives,

including local support for the activities

proposed to be carried out in the

locality and any matching funds

proposed to be provided from sources

other than the applicant, is examined by

this factor. In rating this factor, the

Department will consider:

a. The extent to which the applicant

demonstrates the technical feasibility

for achieving the objectives within the

program period proposed;

b. The extent to which the applicant

demonstrates the financial feasibility

and local support for the activities to be

carried out in the locality, as evidenced

by the commitment, from sources other

than the applicant, of matching funds,

staffing, services, or other in-kind

resources. (Applicants that evidence

such a commitment of matching funds

are eligible to receive a higher score

than those not having a match. See the

discussion under the heading Optional

Match in this section I.D., above.)

5. Capacity. (maximum points: 20)

The extent to which the applicant

demonstrates the capacity to carry out

satisfactorily the proposed activities in

a timely fashion, including satisfactory

performance in carrying out any prior

HUD-assisted projects or activities, is

examined by this factor. 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. Presents a work plan with a clear

and feasible schedule for conducting all

project tasks; and

iii. 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 applicant

demonstrates the recent and relevant

work experience of the staff proposed to

undertake the activities described in the

Statement of Work.

c. The extent to which the applicant

can demonstrate 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 goals

established for addressing local needs.

d. The extent to which the applicant

demonstrates the proposed program

manager’s capacity, background and

experience to carry out the proposed

activities in a satisfactory and timely

fashion, as evidenced by recent work

experience in managing projects of the

same or similar size, dollar amount, and

types of activities as those proposed in

the application.

II. Application Submission

Requirements

Applicants must complete and submit

applications for HBCU grants in

accordance with instructions contained

in the FY 1995 Historically Black

Colleges and Universities Program

application package. The application

package will request information in

sufficient detail for HUD to determine

whether the proposed activities are

feasible and meet all the requirements of

applicable statutes and regulations. The

application package requires a

Statement of Work which clearly

identifies the proposed activities, a

narrative response to the Rating Factors

identified in section I.D. of this NOFA,

a schedule for the program, budgets, and

a description of any other public or

private resources proposed to be used in

the program. The application package

also contains certifications that the

applicant will comply with fair housing

and civil rights requirements, program

regulations, regulations in 24 CFR part

135 with regard to economic

opportunities for low-income persons

and business concerns, and other

Federal requirements. Applicants

should refer to the HBCU application

package for further instructions.

III. Corrections to Deficient

Applications

Immediately after the deadline for

submission of applications, applications

will be screened to determine whether

all items were submitted. If the

applicant fails to submit certain

technical items, or the application

contains a technical mistake, such as an

incorrect signatory, the Department

shall notify the applicant in writing that

the applicant has 14 calendar days from

the date of the written notification to

submit the missing item, or correct the

technical mistake. If the applicant does

not submit the missing item within the

required time period, the application

will be ineligible for further processing.

The 14-day cure period pertains only

to non-substantive technical

deficiencies or errors. Technical

deficiencies relate to items that:

1. Are not necessary for HUD review

under selection criteria/rating factors;

and

2. Would not improve the substantive

quality of the proposal.

IV. Other Matters

(a) Environmental Impact. A Finding

of No Significant Impact with respect to

the environment has been made in

accordance with the Department’s

regulations at 24 CFR Part 50 which

implement Section 102(2)(C) of the

National Environmental Policy Act of

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

No Significant Impact is available for

public inspection between 7:30 a.m. and

5:30 p.m. weekdays at the Office of the

Rules Docket Clerk, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington, DC 20410.

(b) Federalism, Executive Order

12612. 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 NOFA will

not have substantial direct effects on

States or their political subdivisions, or

on the distribution of power and

responsibilities among the various

levels of government. Specifically, the

NOFA solicits HBCU applicants to

expand their role in addressing
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18459

community development needs in their

localities and does not impinge upon

the relationships between the Federal

government, and State and local

governments.

(c) Family, Executive Order 12606.

The General Counsel, as the Designated

Official under Executive Order 12606,

The Family, has determined that this

document does not have potential for

significant impact on family formation,

maintenance, and general well-being.

The notice only solicits HBCUs to apply

for funding to address community

development needs in their locality.

Any impact on the family will be

indirect and beneficial in that better

planning of community development

needs should result.

(d) 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.

(e) 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 five-year 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.)

(f) Section 103 HUD Reform Act.

HUD’s regulation implementing section

103 of the Department of Housing and

Urban Development Reform Act of 1989

was published 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 limited

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

Regional or Field Office Counsel, or

Headquarters counsel for the program to

which the question pertains.

(g) Section 112 HUD Reform Act.

Section 13 of the Department of Housing

and Urban Development Act contains

two provisions dealing with efforts to

influence HUD’s decisions with respect

to financial assistance. The first imposes

disclosure requirements on those who

are typically involved in these efforts—

those who pay others to influence the

award of assistance or the taking of a

management action by the Department

and those who are paid to provide the

influence. The second restricts the

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). If

readers are involved in any efforts to

influence the Department in these ways,

they are urged to read the final rule,

particularly the examples contained in

Appendix A of the rule.

Authority: Title I, Housing and Community

Development Act of 1974 (42 U.S.C. 5301–

5320); sec. 7(d), Department of Housing and

Urban Development Act (42 U.S.C. 3535(d);

24 CFR 570.404.

Dated: March 15, 1995.

Andrew Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 95–8786 Filed 4–10–95; 8:45 am]

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