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

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 taxexempt 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 deliveryrelated 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

JanelR.lKaradbil@HUD.GOV.

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.
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 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 multiphase 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 multifaceted 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
17962 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices

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
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 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 longterm 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 nonFederal (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
17964 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices

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 fiveyear period beginning not less than 30
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 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