[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Pages 18456-18459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8786]



      

[[Page 18455]]

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Part III





Department of Housing and Urban Development





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Historically Black Colleges and Universities Program; Notice of Funding 
Availability for FY 1995

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

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.

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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 delivery-
related 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:
    <bullet> A Commitment to Community;
    <bullet> A Commitment to Support Families;
    <bullet> A Commitment to Economic Lift;
    <bullet> A Commitment to Reciprocity and to Balancing Individual 
Rights and Responsibilities.
    <bullet> 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 
[[Page 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 Sec. 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 in-kind 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:
    <bullet> A Commitment to Community;
    <bullet> A Commitment to Support Families;
    <bullet> A Commitment to Economic Lift;
    <bullet> A Commitment to Reciprocity and to Balancing Individual 
Rights and Responsibilities.
    <bullet> 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 
[[Page 18458]] 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 
[[Page 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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