18524 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Public and Indian Housing

[Docket No. N–95–3893; FR–3879–N–01]

NOFA for Emergency Shelter Grants

Set-Aside for Indian Tribes and

Alaskan Native Villages

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability.

SUMMARY: This NOFA announces the

availability of $1,568,000 in funds for

emergency shelter grants to be allocated

to Indian tribes and Alaskan Native

villages by competition for Fiscal Year

(FY) 1995. Assistance provided to

Indian tribes and Alaskan Native

villages under this NOFA will be used

to help improve the quality of existing

emergency shelters for the homeless, to

make available additional emergency

shelters, to meet the costs of operating

emergency shelters and of providing

essential social services to homeless

individuals, and to help prevent

homelessness. This ESG set-aside

allocation will increase the availability

and expedite receipt of program funds

to Native American communities. This

NOFA contains: (1) Information

concerning eligible applicants, (2)

Information on funding available within

each HUD Indian program region, (3)

Information on application

requirements and procedures, and (4) A

description of applicable statutory

changes to the ESG program.

DATES: Applications must be received

by the appropriate HUD Office of Native

American Programs (ONAP) by no later

than 3:00 p.m. local time (i.e., the time

in the office to which the application is

submitted) on May 26, 1995.

Application materials will be available

from each appropriate area ONAP.

ADDRESSES: Application packages are

available from the HUD area Offices of

Native American Programs listed in

Appendix 2 to this NOFA. The ONAP

serving the area in which the applicant’s

project is located must receive an

original application and one copy no

later than 3:00 p.m. local time (i.e., the

time in the office to which the

application is submitted) on the

deadline date.

FOR FURTHER INFORMATION CONTACT:

Bruce Knott, Director, Housing and

Community Development Division,

Office of Native American Programs,

Department of Housing and Urban

Development, Room B–133, 451

Seventh Street SW., Washington, DC

20410–7000; telephone (202) 755–0068,

TDD (202) 708–0850. (These telephone

numbers are not toll free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection

requirements contained in this Notice of

Funding Availability (NOFA) have been

submitted to the Office of Management

and Budget (OMB) for review. The

approval number will be published in

the Federal Register through separate

notice.

I. Purpose and Substantive Description

A. Authority and Purpose

The Emergency Shelter Grants (ESG)

program was first established in section

101(g) of Public Law 99–500 (approved

October 18, 1986), making

appropriations for Fiscal Year (FY) 1987

as provided in H.R. 5313. The program

was reauthorized with amendments in

the Stewart B. McKinney Homeless

Assistance Act, as amended (42 U.S.C.

11371–11378) (McKinney Act). Section

832(f) of the National Affordable

Housing Act (NAHA) (Pub. L. 101–625,

approved November 28, 1990), provided

for the explicit eligibility of Indian

tribes for ESG program assistance, and

established a set-aside allocation for

Indian tribes that is equal to 1 percent

of the amounts appropriated for the ESG

program. Regulations governing the ESG

program are in 24 CFR part 576, except

as superseded by statutory amendments

under NAHA and the Housing and

Community Development Act of 1992

(1992 Act) (Pub. L. 102–550, approved

October 28, 1992), as discussed below.

As a result of the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act of 1995

(Pub. L. 103–327, approved September

28, 1994), $156,800,000 is available for

the Emergency Shelter Grants (ESG)

Program as authorized by Subtitle B,

Title IV of the Stewart B. McKinney

Homeless Assistance Act, as amended.

Of that amount, $1,568,000 (1 percent of

the total) was set aside for Indian tribes

and Alaskan Native villages. The

proposed rule on the Emergency Shelter

Grants Program; Set-Aside Allocation

for Indian Tribes and Alaskan Native

Villages, published in the Federal

Register on April 5, 1993 (58 FR 17764),

describes the method for allocating

these funds.

These grants will be governed by all

provisions applicable to the ESG

Program, including the provisions in the

Housing and Community Development

Act of 1992 that became effective upon

that law’s enactment, such as the

authorization to make eligible the use of

grant funds for staff costs relating to the

operation of emergency shelters up to a

maximum amount of 10 percent of the

grant, and the requirement that the

recipient establish a ‘‘formal process’’ in

order to terminate assistance under the

program.

Assistance provided to Indian tribes

and Alaskan Native villages under this

NOFA will be used to help improve the

quality of existing emergency shelters

for the homeless, make available

additional emergency shelters, meet the

costs of operating emergency shelters

and of providing essential social

services to homeless individuals, and

help prevent homelessness. This ESG

set-aside allocation will increase the

availability and expedite receipt of

program funds to Native American

communities.

B. Statutory Amendments

This NOFA addresses section 832 of

NAHA, which contains numerous

amendments to the McKinney Act, and

several amendments to the ESG Program

in the 1992 Act. These statutory

amendments supersede applicable

provisions of the program regulations

found in 24 CFR part 576. This NOFA

describes these statutory changes to

assist Indian tribes in complying with

program requirements, including the

NAHA and 1992 Act amendments (see

appendix 1 of this NOFA for a listing of

statutory amendments that apply to this

program).

II. Application Process

A. Allocation Amounts

This NOFA announces the availability

of a total of $1,568,000 in funding

provided by HUD’s appropriations act

for FY 1995 to fund competitive grants

to Indian tribes for emergency shelter

grants. Set-aside allocations of the total

amount to each area Office of Native

American Programs (ONAP) are detailed

in the following chart:

ALLOCATION OF ESG SET-ASIDE FOR

INDIAN TRIBES BY HUD AREA

ONAPS FOR FY 1995

Eastern/Woodlands .................. $261,307

Southern Plains ........................ 309,758

Northern Plains ......................... 296,666

Southwest ................................. 418,578

Northwest .................................. 135,436

Alaska ....................................... 146,255

Total ............................... 1,568,000

HUD reserves the right to negotiate

reductions in the amounts requested by

applicants based on the overall demand
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18525

for the funds. HUD further reserves the

right to reallocate these amounts as

provided in section II.F, Ranking and

Selection, of this NOFA. Each Indian

tribe must spend all of the grant

amounts it is awarded within 24 months

of the date of the grant award by HUD.

Any emergency shelter grant amounts

that are not spent within this time

period may be recaptured and added to

the following fiscal year’s ESG set-aside

for Indian tribes.

B. Eligibility and Threshold

Requirements

(1) Eligible Applicants

Eligible applicants are any Indian

Tribe, band, group, or nation, including

Alaskan Indians, Aleuts, and Eskimos,

and any Alaskan native village of the

United States which is considered an

eligible recipient under Title I of the

Indian Self-Determination and

Education Assistance Act (25 U.S.C.

450), or which had been an eligible

recipient under the State and Local

Fiscal Assistance Act of 1972 (31 U.S.C.

1221). Eligible recipients under the

State and Local Fiscal Assistance Act of

1972 are those that have been

determined eligible by the Department

of the Treasury, Office of Revenue

Sharing.

Tribal organizations which are

eligible under Title I of the Indian SelfDetermination and Education

Assistance Act may apply on behalf of

any Indian Tribe, band, group, nation,

or Alaskan native village eligible under

that act for funds under this part when

one or more of these entities have

authorized the Tribal organization to do

so through concurring resolutions. Such

resolutions must accompany the

application for funding. Eligible Tribal

organizations under Title I of the Indian

Self-Determination and Education

Assistance Act will be determined by

the Bureau of Indian Affairs.

Only eligible applicants shall receive

grants. However, eligible applicants may

contract or otherwise agree with

noneligible entities such as States,

cities, counties, or other organizations to

assist in the preparation of applications

and to help implement assisted

activities. For instance, private

nonprofit organizations are not eligible

to apply directly to HUD for a grant, but

may receive funding from a grantee if

the grantee determines that the

nonprofit has the financial and

organizational capacity to carry out the

proposed activities.

(2) Thresholds

The selection process for the Indian

tribe set-aside program consists of a

preliminary threshold review. The

applicant must clearly demonstrate and

HUD will review each application to

determine whether:

(a) The application is adequate in

form, time, and completeness;

(b) The applicant is eligible; and

(c) The proposed activities and

persons to be served are eligible for

assistance under the program.

C. Obtaining Applications

Application packages are available

from the HUD area Offices of Native

American Programs listed in Appendix

2 to this NOFA.

D. Submitting Applications

The ONAP serving the area in which

the applicant’s project is located must

receive an original application and one

copy no later than 3:00 p.m. local time

(i.e., the time in the office to which the

application is submitted) on the

deadline date May 26, 1995.

Applications transmitted by FAX will

not be accepted. A determination that

an application was received on time

will be made solely on receipt of the

original application at the appropriate

Office of Native American Programs

serving the applicant’s project.

The deadline is firm as to date and

hour. In the interest of fairness to all

competing applicants, HUD will treat

any application that is received after the

deadline as ineligible for consideration.

Applicants should take this practice

into account and make early submission

of their materials to avoid any risk of

ineligibility brought about by

unanticipated delays or other deliveryrelated problems.

E. Rating Criteria

Applications that fulfill each of the

threshold review requirements

described in Section II.B, Eligibility and

Threshold Requirements, of this NOFA

will be rated up to 100 points based on

the following criteria.

(1) Applicant capacity (30 points).

HUD will award up to 30 points to an

applicant that demonstrates the ability

to carry out activities under its proposed

program within a reasonable time, and

in a successful manner, after execution

of the grant agreement by HUD.

Reviewers’ knowledge of the applicant’s

previous experience will weigh heavily

in the scoring. Documented evidence of

poor or slow performance will enter

strongly into that determination. The

applicants that rate highest on this

criterion will show substantial

experience as an organization and/or

staff in past endeavors that are directly

related to the proposed project.

The applicant will receive the

following points if it:

30 Shows substantial experience as

an organization and/or staff in past

endeavors that are directly and

comprehensively related to the proposed

projects; and demonstrates assurance of

assisting the homeless within a

reasonable time.

20 Shows substantial experience as

an organization and/or staff in past

endeavors that are closely (but not

directly or comprehensively) related to

the proposed project; and shows

promise of assisting the homeless

within a reasonable time.

10 Shows limited experience as an

organization and/or staff in past

endeavors that are closely (but not

directly or comprehensively) related to

the proposed project; and shows

promise of assisting the homeless

within a reasonable time.

5 Shows limited experience as an

organization and/or staff in past

endeavors that are only remotely related

to the proposed project; or some

evidence exists that brings into question

the organization’s capacity to

implement the proposed project; and it

is unclear whether the organization will

be able to assist the homeless within a

reasonable time.

0 Shows no evidence as an

organization and/or staff in past

endeavors that relate to the demands of

the proposed project; and substantial

evidence exists that the organization is

incapable of implementing the proposed

project; and documented evidence

exists that the organization will not be

able to assist the homeless within a

reasonable time.

(2) Need (20 points). HUD will award

up to 20 points to an applicant that

demonstrates the existence of an unmet

need for the proposed project in the area

to be served. The applicants that rate

highest on this criterion will: (a) clearly

define the unmet housing and essential

services needs of the homeless

population proposed to be served in the

area to be served by the project, (b)

demonstrate in-depth knowledge of the

population to be served and its needs,

and (c) set forth an outreach strategy

that assures that the intended

population will be served.

The applicant will receive the

following points if it:

20 Clearly defines the unmet

housing and supportive services needs

of the homeless population(s) to be

served in the area to be served by the

project. That unmet need (as described)

is great relative to other applications

reviewed. Presents evidence of use of

credible surveys or other data gathering

mechanisms to support claims made.
18526 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

Application reveals in-depth

understanding of the population(s) to be

served and of its unmet housing and

supportive services needs. Entry and

outreach policies will ensure that the

population(s) proposed to be served will

actually be served by the project.

15 Generally defines the unmet

housing and supportive services needs

of a homeless population(s) to be

served, but not as is comparable in

magnitude to most other applications

reviewed. Presents evidence of use of

acceptable surveys or other data

gathering mechanisms to support claims

made. Application reveals in-depth

understanding of the population(s) to be

served and of its unmet housing and

supportive services needs. Entry and

outreach policies will ensure that the

population(s) proposed to be served will

actually be served by the project.

10 Generally defines the unmet

housing and supportive service needs of

a homeless population(s) to be served,

but not as clearly in the specific area to

be served. That unmet need (as

described) is comparable in magnitude

to most other applications reviewed.

Presents evidence of use of acceptable

surveys or other data gathering

mechanisms to support claims made.

Application reveals general

understanding of the population(s) to be

served and of its unmet housing and

supportive services needs. Entry and

outreach policies will likely ensure that

the population(s) proposed to be served

will actually be served.

5 Offers a fragmentary description of

the unmet housing and supportive

services needs of the homeless

population(s) to be served by the project

with minimal evidence supporting the

claim. That unmet need (as described) is

less in magnitude than most other

applications reviewed. Supportive

documentation is very limited or

tangential to the unmet needs described.

Application reveals only limited

understanding of the population(s)

proposed to be served or of its unmet

needs. Entry and outreach policies

relate only indirectly to the

population(s) that the applicant

proposes to serve.

0 Fails to delineate the unmet

housing and supportive services needs

of the homeless population(s) to be

served by the project. Application

reveals a complete absence of

understanding of the population(s) to be

served or of its unmet housing and

supportive services needs.

(3) Service to homeless population (20

points). HUD will award up to 20 points

to an applicant that proposes to serve

that part of the Indian homeless

population that is most difficult to reach

and serve, i.e., those persons having a

primary nighttime residence that is a

public or private place not designed for,

or ordinarily used as, sleeping

accommodations for human beings. In

urban areas, this is usually referred to as

living ‘‘on the street.’’ To the extent that

Indians living on reservations live in

such situations (e.g., sleeping in cars,

abandoned structures, out in the open),

they meet the definition of living in

conditions similar to living on the

street.

HUD will focus upon proposed

outreach and intake plans, and

especially the degree to which such

plans would maximize the likelihood

that homeless persons would be served

by the proposed project. The outreach

strategy/intake procedures to seek out

and evaluate the needs of the

population to be served should be

clearly described in the application.

The applicant will receive the

following points if it:

20 Clearly specifies the reasons that

individuals will be hard to reach in

terms of their geographic location,

specific problems, or their willingness

to enter into the program; and states

clearly how outreach to these

individuals will be achieved by the

applicant or with other organizations;

and specifically reveals how intake

process will be used to identify the

needs of the population to be served.

10 States only that individuals will

be hard to reach and does not contain

any description of their geographic

location, specific problems, or their

willingness to enter into the program;

and does not describe what outreach

process will be used to seek out those

individuals by the applicant or with

other organizations; and states that an

intake process will be used to identify

the needs of the population to be served.

5 States only that individuals will be

hard to reach and does not contain any

description of their geographic location,

specific problems, or their willingness

to enter into the program; and does not

describe what outreach process will be

used to seek out those individuals by

the applicant or with other

organizations; and contains little

information about what intake process

will be used to identify the needs of the

population to be served.

0 Fails to delineate that the

population is hard to reach or what

outreach measures will be used to

contact the population to be served by

the project.

(4) Appropriateness of essential

services (30 points). HUD will award up

to 30 points to an applicant that

proposes essential services that: (a) are

appropriate to the needs of the

population proposed to be served; (b)

are used or coordinated with existing

sources of supportive services and

networks of support in the community;

and (c) to the degree possible, help to

move residents to longer term housing

situations. Applicants should describe

what services are available and how

they will make those services accessible

to the people they serve. In addition,

HUD will evaluate the means by which

the people to be served will be assisted

in moving to permanent housing that is

appropriate and affordable. Applicants

should describe what resources are

available to assist the population they

serve to find permanent housing.

The applicant will receive the

following points if it:

30 Proposes a program of essential

services that is comprehensive and that

gives promise of being of very high

quality; and that is generally

appropriate to the needs of the

population proposed to be served,

responds to the changing needs of that

population(s), offers a personalized

response to the individual needs of the

residents served; and coordinates

extensively with other sources, public

and private, of essential services and

networks of support already existing

within the community; and can

demonstrate with reasonable certainty

that the results of the program are likely

to be successful. The applicant will

have access to housing counseling,

assistance with applying for other

Federal, State, or local housing

assistance programs, referrals to other

organizations involved in these

activities, or other assistance such as

moving assistance, security deposits, or

landlord/tenant negotiation directly

related to entering transitional or

permanent adequate and affordable

housing.

20 Proposes a program of essential

services that is reasonably

comprehensive and that gives promise

of being of good quality; that responds

to a genuine need, as identified in

Element (3); proposes use of other

sources of essential services and

existing networks of support; and offers

reasonable assurance that the results of

the program are likely to be successful.

The applicant will have access to

housing counseling, assistance with

applying for other Federal, State, or

local housing assistance programs,

referrals to other organizations involved

in these activities, or other assistance

such as moving assistance, security

deposits, or landlord/tenant negotiation

directly related to entering transitional

or permanent adequate and affordable

housing.
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18527

10 Proposes a program of essential

services that is reasonably

comprehensive and that gives promise

of being of good quality; that responds

to a genuine need, as identified in

Element (3); proposes use of other

sources of essential services and

existing networks of support; and offers

reasonable assurance that the results of

the program are likely to be successful.

The applicant will have access to

housing counseling, assistance with

applying for other Federal, State, or

local housing assistance programs, or be

able to make referrals to other

organizations involved in these

activities.

5 Presents a proposed project with a

few services that meet basic needs but

are not designed to encourage residents

to move to greater independence within

an emergency shelter environment.

0 Presents a proposed project with

no essential services or with services

that are clearly inappropriate to the

population to be served; success is

highly unlikely. The application fails to

indicate how or when residents will be

able to leave emergency shelter for

transitional or permanent housing.

F. Ranking and Selection

Applications from Indian tribes

within the area served by the applicable

HUD Office of Native American

Programs will be assigned a rating score

and placed in ranked order, based upon

the rating criteria listed in Section II.E

of this NOFA. Only those applications

receiving at least 50 total points will be

given funding consideration. In the final

stage of the selection process, qualified

applicants will be selected for funding

in accordance with their ranked order

within each area ONAP, to the extent

that funds are available within that area

ONAP’s jurisdiction.

In the event of a tie between

applicants, the applicant with the

highest total points for rating criterion

(2), Need, in section II.E of this NOFA,

will be selected. In the event of a

procedural error that, when corrected,

would warrant selection of an otherwise

eligible applicant under this NOFA,

HUD may select that applicant when

sufficient funds become available.

Depending on the availability of

funds, HUD may fund qualified

applications regardless of location. If an

area ONAP has insufficient funds to

make awards to all of its qualified

applicants, HUD may reallocate funds to

that office from any other area ONAP

that has funds remaining after making

awards to all of its qualified

applications.

III. Checklist for Application

Submission Requirements

A checklist of submission

requirements is provided at Appendix 3

to this NOFA, to assist the applicant in

preparing a complete application.

IV. Corrections to Deficient

Applications

HUD will notify the applicant if there

are any curable technical deficiencies in

the application. Curable technical

deficiencies relate to minimum

eligibility requirements (such as

certifications and signatures) that are

necessary for funding approval but that

do not relate to the quality of the

applicant’s program proposal under the

selection criteria. The applicant must

submit corrections in accordance with

the information provided by HUD

within 14 calendar days of the date of

the HUD notification.

In accordance with the provisions of

24 CFR part 4, subpart B, HUD may

contact an applicant to seek clarification

of an item in an applicant’s application,

or to request additional or missing

information. The clarification or the

request for additional or missing

information shall not relate to items that

would improve the substantive quality

of the application pertinent to the

funding decision.

V. 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. This Finding is available for

public inspection between 7:30 a.m. to

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

Rules Docket Clerk in the Office of the

General Counsel, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street, SW.,

Washington, DC 20410–0500.

B. Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this NOFA 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, this NOFA is not subject to

review under the Order. This NOFA

announces the availability of funds set

aside for Indian tribes for emergency

shelter activities and invites

applications from eligible applicants.

C. Family Impact

The General Counsel, as the

Designated Official for Executive Order

12606, the Family, has determined that

this NOFA, to the extent the funds

provided under it are directed to

families, has the potential for a

beneficial impact on family formation,

maintenance, and general well-being.

Since any impact on families is

beneficial, no further review is

considered necessary.

D. Economic Opportunities for Low- and

Very Low-Income Persons

All applicants are herein notified that

the provisions of section 3 of the

Housing and Urban Development Act of

1968, as amended, and the regulations

in 24 CFR part 135 are applicable to

funding awards made under this NOFA.

One of the purposes of the assistance is

to give to the greatest extent feasible,

and consistent with existing Federal,

State, and local laws and regulations,

job training, employment, contracting,

and other economic opportunities to

section 3 residents and section 3

business concerns. Tribes that receive

HUD assistance described in this part

shall comply with the procedures and

requirements of this part to the

maximum extent consistent with, but

not in derogation of, compliance with

section 7(b) of the Indian SelfDetermination and Education

Assistance Act (25 U.S.C. 450e(b)).

E. Section 102 of the HUD Reform Act:

Documentation and Public Access

Requirements; Applicant/Recipient

Disclosures

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 in 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
18528 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

further information on these

documentation and public access

requirements.)

Disclosures. HUD will make available

to the public for five years all applicant

disclosure reports (HUD Form 2880)

submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

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

HUD’s implementing regulations in 24

CFR part 15. (See 24 CFR part 12,

subpart C, and the notice published in

the Federal Register on January 16,

1992 (57 FR 1942), for further

information on these disclosure

requirements.)

F. Section 103 of the HUD Reform Act

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989 (42 U.S.C. 3537a)

was published in the Federal Register

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.

G. Section 112 of the 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 HUD

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 HUD in these ways, they are

urged to read that final rule, particularly

the examples contained in Appendix A

of that rule.

H. 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 in 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. Indian Housing

Authorities (IHAs) established by an

Indian tribe as a result of the exercise of

their sovereign power are excluded from

coverage, but IHAs established under

State law are not excluded from

coverage.

I. The Catalog of Federal Domestic

Assistance Program Number is 14.231.

Authority: 42 U.S.C. 11376; 42 U.S.C.

3535(d).

Dated: April 5, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

Appendix 1—Statutory Amendments

(Section I.B)

National Affordable Housing Act

Amendments: Sections (1)–(6) below

describe the relevant NAHA amendments.

(1) Extension of eligibility to Indian tribes.

Section 832(f) of NAHA (42 U.S.C. 11371–

11378) expressly extends eligibility for

assistance under the ESG program to Indian

tribes, and has the effect of applying the same

formula as used in the Community

Development Block Grant (CDBG) program

for determining the amount of ESG funds to

be set aside for Indian tribes. The 1 percent

figure for the Indian tribe set-aside is dictated

by sections 832(f)(3) and 913(b) of NAHA (42

U.S.C. 5306).

(2) Administrative costs. Section 832(b)(1)

of NAHA (42 U.S.C 11378) permits recipients

to use up to 5 percent of an ESG program

grant for administrative purposes. This

amount equals 5 percent of the total of

amounts of ESG funds requested for all other

eligible activities. Administrative costs

include: costs of accounting for the use of

grant funds, preparing reports for submission

to HUD or to the State, obtaining program

audits, conducting environmental reviews,

coordinating program activities, and similar

costs related to administering the grant.

These costs do not include the costs of

carrying out other activities eligible under

the ESG program.

(3) Use of funds for essential services.

Section 832(c) of NAHA (42 U.S.C.

11374(a)(2)(B)) increased the percentage of a

grant that may be used to provide essential

services from 20 percent to 30 percent.

Consistent with this amendment, HUD will

apply its waiver authority in section 414(b)

of the McKinney Act to the new, higher 30

percent limitation. As with the previous 20

percent limit, the 30 percent limit is to be

measured against the aggregate amount of

each emergency shelter grant to an Indian

tribe. Section 832(f)(6) of NAHA makes the

limitations on the provision of essential

services applicable to Indian tribes.

(4) Use of funds for prevention of

homelessness. Homelessness prevention was

added as a category of eligible activities by

section 423 of the Stewart B. McKinney

Homeless Assistance Amendments Act (Pub.

L. 100–688, approved November 7, 1988),

which also treated these activities as

‘‘essential services.’’ However, section 832(d)

of NAHA (42 U.S.C 11374(a)(4)) withdraws

homelessness prevention activities from

categorization as ‘‘essential services,’’ and

imposes a separate limit of 30 percent of the

aggregate amount of assistance to any

recipient, including an Indian tribe, that may

be used for efforts to prevent homelessness.

Thus, under NAHA, essential services and

homelessness prevention are now each

subject to a 30 percent cap. However, unlike

the category of essential services, there is no

statutory authority to permit a waiver of the

cap on the amount of assistance that may be

used for homelessness prevention activities.

By its express terms, the statutory waiver is

available only in the category of essential

services.

(5) Confidentiality of records for family

violence services. Section 832(e) of NAHA

(42 U.S.C. 11375(c)(5)) requires each

recipient to certify that it will develop and

implement procedures to ensure the

confidentiality of records pertaining to any

individual provided family violence

prevention or treatment services with ESG

program assistance. In addition, the address

or location of any ESG-assisted housing used

as a family violence shelter may not be made

public without the written authorization of

persons responsible for the operation of the

shelter. This new certification is included in

the application kit, as provided in Section III

of this NOFA.

(6) Establishes habitability standards.

Section 832(g) of NAHA (42 U.S.C. 11376(c))

requires the Secretary to prescribe the

minimum standards of habitability
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18529

appropriate to ensure that emergency shelters

assisted by this program are environments

that provide appropriate privacy, safety, and

sanitary and other health-related conditions

for homeless persons and families. A

description of the Minimum Habitability

Standards and the required certification is

included in the application kit, as provided

in Section III of this NOFA. The Habitability

Standards that have been developed under

section 832(g) of NAHA to apply to

emergency shelters are as follows:

(a) Structure and materials. The shelter

shall be structurally sound so as not to pose

any threat to the health and safety of the

occupants and so as to protect the occupants

from the environment.

(b) Access. The shelter shall be accessible

and capable of being utilized without

unauthorized use of other private properties.

The building shall provide an alternate

means of egress in case of fire.

(c) Space and security. Each occupant shall

be afforded adequate space and security for

the occupant’s person and belongings. Each

occupant shall be provided an acceptable

place to sleep.

(d) Interior air quality. Every room or space

shall be provided with natural or mechanical

ventilation. The shelter shall be free of

pollutants in the air at levels that threaten the

health of the occupants.

(e) Water supply. The water supply shall be

free from contamination at levels that

threaten the health of the recipients.

(f) Sanitary facilities. Shelter occupants

shall have access to sanitary facilities that are

in proper operating condition, can be used in

privacy, and are adequate for personal

cleanliness and the disposal of human waste.

(g) Thermal environment. The shelter shall

have adequate heating and cooling facilities

in proper operating condition.

(h) Illumination and electricity. The shelter

shall have adequate natural or artificial

illumination to permit normal indoor

activities and to support the health and safety

of occupants. Sufficient electrical sources

shall be provided to permit use of essential

electrical appliances while assuring safety

from fire.

(i) Food preparation and refuse disposal.

All food preparation areas shall contain

suitable space and equipment to store,

prepare, and serve food in a sanitary manner.

(j) Sanitary condition. The shelter and its

equipment shall be maintained in sanitary

condition.

Housing and Community Development Act

of 1992 Amendments: Sections (7)–(9) below

describe the relevant changes of the 1992

Act.

(7) Certification of involvement of

homeless individuals and families. The

recipient must certify that, to the maximum

extent practicable, it will involve homeless

individuals and families, through

employment, volunteer services, or

otherwise, in providing services and in

constructing, renovating, maintaining, and

operating facilities, when assistance is

provided for those activities under the

program.

(8) Termination of assistance. The

recipient may terminate assistance provided

to an individual or a family only in

accordance with a formal process established

by the recipient that recognizes the rights of

the individuals affected, which may include

a hearing.

(9) Eligibility of staff costs. Staff costs

relating to the operation of emergency

shelters are specifically recognized as an

eligible activity, but not more than 10 percent

of the amount of any grant may be used for

these costs. Staff costs for maintenance of

and security for emergency shelters will not

be counted against the 10 percent cap.

APPENDIX 2.—HUD OFFICES OF NATIVE AMERICAN PROGRAMS

Tribes and IHAs located ONAP address

East of the Mississippi River (including all of

Minnesota and Iowa).

Eastern/Woodlands Office of Native American Programs, 5P, Metcalfe Federal Building, 77

West Jackson Boulevard, Chicago, Illinois 60604–3507, (312) 353–1282 or (800) 735–

3239,TDD Numbers: 1–800–927–9275 or 312–886–3741.

Louisiana, Missouri, Kansas, Oklahoma, and

Texas except for Isleta del Sur.

Southern Plains Office of Native American Programs, 6.IPI, Murrah Federal Building, 200 NW

5th Street, Oklahoma City, Oklahoma 73102–3202 (405) 231–4101, TDD Numbers: 405–

231–4181 or 405–231–4891.

Colorado, Montana, Nebraska, North Dakota,

South Dakota, Utah, and Wyoming.

Northern Plains Office of Native American Programs, 8P, First Interstate Tower North, 633

17th Street, Denver, Colorado 80202–3607, (303) 672–5462, TDD Number: 303–844–6158.

Arizona, California, New Mexico, Nevada, and

Isleta del Sur in Texas.

Southwest Office of Native American Programs, 9EPID, Two Arizona Center, 400 North Fifth

Street, Suite 1650, Phoenix, Arizona 85004–2361, (602) 379–4156, TDD Number: 602–379–

4461.

Idaho, Oregon, and Washington ........................ Northwest Office of Native American Programs, 10PI, 909 First Avenue, Suite 300, Seattle,

Washington 98104–1000, (206) 220–5270, TDD Number: (206) 220–5185.

Alaska ................................................................. Alaska Office of Native American Programs, 10.1PI, 949 East 36th Avenue, Suite 401, Anchorage, Alaska 99508–4399, (907) 271–4633,TDD Number: (907) 271–4328.

Appendix 3—Checklist of Application

Submission Requirements

Applicants must complete and submit

applications in accordance with the

instructions contained in the application kit.

The following is a checklist of the

application contents that will be specified in

the application kit:

lll (1) Applicant Information, including

name, address, contact person, and

telephone number.

lll(2) Standard Form 424;

lll(3) Certifications of compliance with

the requirements of:

lll (a) 24 CFR 576.21(a)(4)(ii), concerning

assistance provided for homelessness

prevention activities; 567.51(b)(2)(v),

concerning the funding of ESG activities

in commercial facilities; 576.73,

concerning the continued use of

buildings as emergency shelters or the

population to be served; 576.75,

concerning building standards; 576.77,

concerning assistance to the homeless;

and 576.80, concerning displacement

and relocation;

lll(b) The Indian Civil Rights Act (25

U.S.C. 1301), and section 7(b) of the

Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450e(b));

lll(c) Section 504 of the Rehabilitation

Act of 1973 (29 U.S.C. 794);

lll(d) The Age Discrimination Act of

1975 (42 U.S.C. 6101–07);

lll(e) Executive Orders 11625, 12432,

and 12138, promoting the use of

minority business enterprises and

women-owned businesses to the

maximum extent consistent with the

Indian Self-Determination and Education

Assistance Act;

lll(f) The requirements of 24 CFR part

24, concerning the Drug-Free Workplace

Act of 1988;

lll(g) Section 832(e)(2)(C) of NAHA,

concerning the confidentiality of records

pertaining to any individual provided

family violence prevention or treatment

services;

lll(h) Section 832(g) of NAHA,

concerning minimum habitability

standards prescribed by the Department;

lll(i) Section 104(g) of the Housing and

Community Development Act of 1974

and 24 CFR part 58, concerning

assumption of the HUD environmental

review responsibilities;

lll(j) Section 576.71(b)(2)(vii),

concerning compliance with tribal law in

the submission of an application for an
18530 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

emergency shelter grant, and possession

of legal authority to carry out emergency

shelter grant activities.

lll(k) Prohibitions on the use of

Federal funds for lobbying, and the

completion of SF-LLL, Disclosure Form

to Report Lobbying, if applicable.

lll(l) 42 U.S.C. 11375(c)(7), as added by

the Housing and Community

Development Act of 1992, concerning

the involvement through employment,

volunteer services, or otherwise, to the

maximum extent practicable, of

homeless individuals and families in

constructing, renovating, maintaining,

and operating facilities assisted under

the ESG program, and in providing

services for occupants of these facilities.

lll(m) Section 3 of the Housing and

Urban Development Act of 1968, as

amended, and the regulations in 24 CFR

part 135.

lll(4) Form HUD–2880, Applicant/

Recipient Disclosure/Update Form, if

applicable.

lll(5) Project Summary and Proposed

Budgets.

lll(6) Description of the homeless

population to be served.

lll(7) Facility Description.

lll(8) Narrative addressing the rating

criteria.

lll(9) Matching funds certification as

required under § 576.51(b)(2)(ii),

§ 576.71, and section 415 of the

McKinney Act (42 U.S.C. 11375(a)).

[FR Doc. 95–8909 Filed 4–10–95; 8:45 am]

BILLING CODE 4210–33–P