21338 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4017–N–01]

Office of the Assistant Secretary for

Public and Indian Housing; Community

Development Block Grant Program for

Indian Tribes and Alaska Native

Villages; Fiscal Year 1996; Notice of

Funding Availability

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of Funding Availability

for Fiscal Year 1996.

SUMMARY: This Notice of Funding

Availability (NOFA) announces HUD’s

funding for the Community

Development Block Grant Program for

Indian Tribes and Alaska Native

Villages (hereafter referred to as the

ICDBG Program) for Fiscal Year 1996. In

the body of this document is

information concerning the following:

(a) The purpose of the NOFA and

information regarding eligibility and

available amounts;

(b) A list of steps involved and a

checklist of the exhibits required in the

application process, including where

and how to apply and what to submit;

(c) A description of application

processing, including the selection

process and the selection criteria.

DATE: Applications must be received by

the appropriate Area ONAP of the HUD

Office of Native American Programs

(ONAP) no later than 3:00 p.m. July 23,

1996.

Application materials will be

available from each Area ONAP.

General program questions may be

directed to the Area ONAP serving your

area or by contacting Robert Barth,

Office of Native American Programs,

Office of Public and Indian Housing,

Department of Housing and Urban

Development, P.O. Box 36003, 450

Golden Gate Ave. San Francisco, CA

94102. Telephone (415) 436–8121. The

TTY number is (415) 436–6594. (These

are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Requirements

The information collection

requirements contained in this Notice

have been approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), and

assigned OMB control number 2577–

0191. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number.

Table of Contents

I. Purpose and Substantive Description

(a) Authority

(b) HUD Reform Act—Documentation,

Access, and Disclosure

(c) Funding

(d) Eligible Activities

(e) Applicant Eligibility

II. Application Process and Submission

Requirements

(a) Application Process

(b) Application Submission Requirements

and Checklist

III. Application Screening and Review

Process

(a) Screening for Acceptance

(b) Application Review Process

(c) Pre-award Requirements

IV. General Threshold Requirements and

Definitions

(a) General Threshold Requirements

1. Applicant-Specific Thresholds—

Capacity and Performance

A. Capacity

B. Performance

2. Community Development

Appropriateness

(b) Definitions

V. Project Specific Thresholds and Selection

Criteria

(a) Summary of Selection Criteria and

Point Awards

(b) Project Specific Thresholds and

Selection Criteria

1. HOUSING Category Projects

A. Threshold for All Housing Category

Projects

B. Rehabilitation

(1) Thresholds

(2) Grant Limits

(3) Selection Criteria

C. Land to Support New Housing

(1) Thresholds

(2) Selection Criteria

D. New Housing Construction

(1) Thresholds

(2) Selection Criteria

2. COMMUNITY FACILITIES

A. Infrastructure

(1) Selection Criteria

B. Buildings

(1) Thresholds

(2) Selection Criteria

3. ECONOMIC DEVELOPMENT

A. Thresholds

B. Selection Criteria

VI. Procedural Error and Appeals

VII. Other Matters

(a) Environmental Statement

(b) Recipient Compliance with

Environmental Requirements

(c) Federalism Executive Order

(d) Family Executive Order

(e) Prohibition of Advance Disclosure of

Funding Decisions. (f) Economic

Opportunities for Low and Very Low

Income Persons

I. Purpose and Substantive Description

(a) Authority. Title I, Housing and

Community Development Act of 1974,

as amended (42 U.S.C. 5301 et seq.); sec.

7(d) of the Department of Housing and

Urban Development Act (42 U.S.C.

3535(d)); 24 CFR Part 953.

(b) HUD Reform Act—Documentation,

Access, and Disclosure

1. 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 quarterly 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

documentation and public access

requirements.)

2. 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 at 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.)

(c) Funding. Amendments to Title I of

the Housing and Community

Development Act of 1974 have required

that the allocation for Indian Tribes be

awarded on a competitive basis in

accordance with selection criteria

contained in a regulation promulgated

by the Secretary after notice and public

comment. All grant funds awarded in

accordance with this NOFA are subject

to the requirements of 24 CFR part 953.

This notice announces the availability

of $50,000,000.

1. Allocations. The requirements for

allocating funds to Area ONAPs

responsible for program administration

are found at 24 CFR 953.101. Following

these requirements, the allocations for

FY 1996 are as follows:

Eastern/Woodlands .............. $3,876,700
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21339

Southern Plains ................... 9,174,300

Northern Plains .................... 7,738,100

Southwest ............................. 21,111,100

Northwest ............................. 2,956,500

Alaska ................................... 4,143,300

Total .............................. 49,000,000

As indicated in Section I(b)3 below,

$1,000,000 will be retained to fund

imminent threat grants.

2. Grant Ceilings. The authority to

establish grant ceilings is found at 24

CFR 953.100(b)(1). Grant ceilings are

established for FY 1996 funding at the

following levels:

Area ONAPs Population Ceiling

Eastern/

Woodlands.

All $300,000

Southern

Plains.

All 750,000

Northern

Plains.

All 800,000

Southwest 50,001+ 5,000,000

10,501–50,000 2,500,000

9,001–10,500 2,000,000

7,501–9,000 1,500,000

6,001–7,500 1,000,000

4,501–6,000 750,000

3,001–4,500 650,000

1,501–3,000 550,000

1–1,500 450,000

Northwest ... All 320,000

Alaska ........ All 500,000

3. Imminent Threats. The criteria for

grants to alleviate or remove imminent

threats to health or safety that require an

immediate solution are described at 24

CFR part 953, subpart E. In accordance

with the provisions of that subpart,

$1,000,000 will be retained to meet the

funding needs of imminent threat

applications submitted to any of the

Area ONAPs. The grant ceiling for

imminent threat applications for FY

1996 is $350,000. This ceiling is

established pursuant to the provisions

of § 953.400(c).

If, in response to a request for

assistance, an Area ONAP issues a letter

to proceed under the authority of

§ 953.401(a), an application must be

submitted to and approved by the Area

ONAP before a grant agreement may be

executed. This application must consist

of the following components:

—Standard Form 424—Application for

Federal Assistance

—Brief description of the proposed

project

—Form HUD–4123—Cost Summary

—Form HUD–4125—Implementation

Schedule

—Form HUD–2880—Applicant/

Recipient Disclosure/Update Report

—Form HUD–4126—Certifications

—Drug-free workplace certification (24

CFR part 24, Appendix C).

(d) Eligible Activities. Activities that

are eligible for ICDBG funds are

identified at 24 CFR part 953 subpart C.

(e) Applicant Eligibility. To apply for

funding in a given fiscal year, an

applicant must be eligible as an Indian

Tribe or Alaska Native Village (or as a

tribal organization) by the application

submission date.

Tribal organizations are permitted to

submit applications under 24 CFR

953.5(b) on behalf of eligible tribes or

villages when one or more eligible

tribe(s) or village(s) authorize the

organization to do so under concurring

resolutions. As is stated in this

regulatory section, the tribal

organization must itself be eligible

under Title I of the Indian SelfDetermination and Education

Assistance Act.

If a tribe or tribal organization claims

that it is a successor to an eligible entity,

the Area ONAP must review the

documentation to determine whether it

is in fact the successor entity.

Due to the unique structure of tribal

entities eligible to submit ICDBG

applications in Alaska, and as only one

ICDBG application may be submitted for

each area within the jurisdiction of an

entity eligible under 24 CFR 953.5, a

Tribal Organization which submits an

application for activities in the

jurisdiction of one or more eligible

tribes or villages must include a

concurring resolution from each such

tribe or village authorizing the submittal

of the application. Each such resolution

must also indicate that the tribe or

village does not itself intend to submit

an ICDBG application for that funding

round. The hierarchy for funding

priority continues to be the IRA

Council, the Traditional Village

Council, the Village Corporation and the

Regional Corporation.

On February 16, 1995, the Bureau of

Indian Affairs (BIA) published a Federal

Register Notice entitled ‘‘Indian Entities

Recognized and Eligible to Receive

Services From the United States Bureau

of Indian Affairs.’’ This Notice provides

a listing of Indian Tribal Entities in

Alaska found to be Indian Tribes as the

term is defined and used in 25 CFR 83.

Additionally, pursuant to Title I of the

Indian Self Determination and

Education Assistance Act, ANCSA

Village Corporations and Regional

Corporations are also considered tribes

and therefore eligible applicants for the

ICDBG program.

Any questions regarding eligibility

determinations and related

documentation requirements for entities

in Alaska should be referred to the

Alaska Area ONAP prior to the deadline

for submitting an application. (See 24

CFR 953.5 for a complete description of

eligible applicants.)

II. Application Process and Submission

Requirements

(a) Application Process

1. An application package may be

obtained from the Area ONAP in the

following geographic locations:

Eastern/Woodlands Office of Native

American Programs, Community

Development and Tribal Relations

(CD & TR) Staff, 77 West Jackson

Blvd., Chicago, Illinois 60604;

Telephone: (312) 886–6488 (all States

east of the Mississippi River, plus

Iowa and Minnesota)

Southern Plains Office of Native

American Programs, CD & TR Staff,

Suite 400, 500 W. Main Street,

Oklahoma City, OK 73102–3202;

Telephone: (405) 553–7525.

(Louisiana, Kansas, Oklahoma, and

Texas, except West Texas)

Northern Plains Office of Native

American Programs, CD & TR Staff,

First Interstate Tower North, 833 17th

Street, Denver, CO 80202–3607;

Telephone: (303) 672–5457 (Colorado,

Montana, Nebraska, North Dakota,

South Dakota, Utah and Wyoming)

Southwest Office of Native American

Programs, CD & TR Staff, Two

Arizona Center, Suite 1650, 400 N.

Fifth Street, Phoenix, Arizona 85004–

2361; Telephone: (602) 379–4197

(Arizona and Southern California)

Southwest Office of Native American

Programs, CD & TR Staff, San

Francisco Team Philip Burton Federal

Bldg. and U.S. Courthouse, 450

Golden Gate Ave., P.O. Box 36003,

San Francisco, CA 94102–3448;

Telephone: (415) 436–8121 (Northern

California and Nevada)

Southwest Office of Native American

Programs, CD & TR Specialist,

Albuquerque Plaza, 201 3rd Street

N.W., Suite 1830, Albuquerque, NM

87102–3368; Telephone: (505) 766–

1372 (New Mexico and West Texas)

Northwest Office of Native American

Programs, CD & TR Staff, Federal

Office Building, 909 First Avenue,

Suite 200, Seattle, WA 98104–1000;

Telephone: (206) 220–5271 (Idaho,

Oregon, Washington)

Alaska Office of Native American

Programs, CD & TR Staff, 949 E. 36th

Avenue, Suite 401, Anchorage, AK

99508–4135; Telephone: (907) 271–

4603 (Alaska)

2. Completed applications must be

submitted to the appropriate Area

ONAP, listed above, from which

application information and packages

were obtained. The TTY number is (202)
21340 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

708–9300. (This is not a toll-free

number.)

3. Applications must be received by

the appropriate Area ONAP no later

than 3:00 P.M. on the deadline date,

July 23, 1996.

(b) Application Submission

Requirements and Checklist

1. General. An applicant shall submit

only one application. The ICDBG grant

amount requested shall not total more

than the grant ceiling. An application

may include an unlimited number of

eligible projects, e.g., housing or public

facilities. Each project within an

application will be rated separately.

2. Demographic data. Applicants may

submit data that are unpublished and

not generally available in order to meet

the requirements of this section. The

applicant must certify that:

A. Generally available, published data

are substantially inaccurate or

incomplete;

B. Data provided have been collected

systematically and are statistically

reliable;

C. Data are, to the greatest extent

feasible, independently verifiable; and

D. Data differentiate between

reservation and BIA service area

populations, when applicable.

3. Publication of community

development statement. Applicants

shall prepare and publish or post the

community development statement

portion of their application according to

the citizen participation requirements of

§ 953.604.

4. Application Submission. The

application shall include:

A. Standard Form 424—Application

for Federal Assistance;

B. Community Development

Statement which includes:

(1) Components that address the

relevant selection criteria;

(2) A brief description or an updated

description of community development

needs;

(3) A brief description of projects

proposed to address needs, including

scope, magnitude, and method of

implementing the project.

(4) A schedule for implementing the

project (form HUD–4125

Implementation Schedule);

(5) Cost information for each separate

project, including specific activity costs,

administration, planning, and technical

assistance, total HUD share (form HUD–

4123 Cost Summary);

C. Certifications—form HUD 4126;

D. Drug-free Workplace Certification

(24 CFR part 24, Appendix C);

E. Applicant/Recipient Disclosure/

Update Report—form HUD 2880, as

required under subpart C of 24 CFR part

12, Accountability in the Provision of

HUD Assistance;

F. A map showing project location, if

appropriate;

G. If the proposed project will result

in displacement or temporary

relocation, a statement that identifies:

(1) The number of persons (families,

individuals, businesses and nonprofit

organizations) occupying the property

on the date of the submission of the

application (or date of initial site

control, if later);

(2) The number to be displaced or

temporarily relocated;

(3) The estimated cost of relocation

payments and other services;

(4) The source of funds for relocation;

and,

(5) The organization that will carry

out the relocation activities;

H. If applicable, evidence of the

disclosure required by 24 CFR

953.606(e).

III. Application Screening and Review

Process

(a) Screening for Acceptance. Each

Area ONAP will screen applications for

single purpose grants. Applications

failing this screening shall be rejected

and returned to the applicants unrated.

Area ONAPs will accept applications if

all the criteria listed below as items 1.

through 6. are met:

1. The application is received by the

appropriate Area ONAP no later than

3:00 P.M. on the deadline date;

2. The applicant is eligible;

3. The proposed activities are eligible;

4. The application contains

substantially all the components

specified in Section II(b)(4) of this

notice;

5. At least 70% of the grant funds are

to be used for activities that benefit low

and moderate income persons, in

accordance with the requirements of

§ 953.201(a); and,

6. The application is for an amount

which does not exceed the grant ceilings

that are established by the NOFA.

(b) Application Review Process.

1. Threshold review. The Area ONAP

will review each application that passes

the screening process to ensure that

each applicant and each proposed

project meets the applicable threshold

requirements set forth in 24 CFR

953.302, as implemented by this NOFA.

If an applicant fails to meet any of the

applicant-specific thresholds, its

application cannot be accepted for

rating and ranking. Project(s) that do

not meet the community development

appropriateness or applicable projectspecific thresholds will not be

considered for funding.

2. All projects that meet the

acceptance criteria and threshold

requirements will be reviewed and rated

by an Area ONAP rating team of at least

three voting members. The Area ONAP

will examine each project to determine

in which one of the rating categories set

forth in 24 CFR 953.305 the project most

appropriately belongs. The project will

be rated on the basis of the criteria

identified in the rating category

component to which the project has

been assigned. The total points for a

rating component are 100, which is the

maximum any project can receive.

3. Public service projects. Due to the

statutory 15 percent cap on public

services activities, applicants may not

receive single purpose grants solely to

fund public services activities.

However, any application may contain a

public services component for up to 15

percent of the total grant. This

component may be unrelated to the

other project(s) included in the

application. If an application does not

receive full funding, the public services

allocation will be proportionately

reduced to comprise no more than 15

percent of the total grant award.

4. Corrections to deficient

applications and supplemental

information. The Area ONAP will not

accept unsolicited information

regarding the application after the

application deadline has passed. The

Area ONAP will notify applicants in

writing of technical deficiencies in

applications and permit them to be

corrected. A technical deficiency is an

error or oversight which, if corrected,

would not alter, in either a positive or

negative fashion, the review and rating

of the application. Examples of

technical deficiencies would be a failure

to submit proper certifications or failure

to submit an application containing an

original signature by an authorized

official. The Area ONAP also may, at its

discretion, request supplemental

information to resolve inconsistencies

or ambiguities in the application or

information that may help clarify an

application that, in the Area ONAP’s

view, contains information that is

inconsistent with known facts or data.

Applicants will have 14 calendar days

from the date of HUD’s correspondence

to reply and correct the technical

deficiency or provide the requested

supplemental information. If the

technical deficiency is not corrected

within this time period, the Area ONAP

will reject the application as

incomplete. If the supplemental

information is not provided in this time

period and, as a consequence, the Area

ONAP determines that the applicant

has failed to establish compliance with

the requirements of 24 CFR 953, the

application will be returned, unrated.
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21341

No information submitted after the

application due date can enhance a

project’s rating, and a new project may

not be substituted for one included in

the application.

5. Final ranking. All projects will be

ranked against each other according to

the point totals they receive, regardless

of the rating category or component

under which the points were awarded.

Projects will be selected for funding

based on this final ranking, to the extent

that funds are available. Individual

grant amounts will be determined in a

manner consistent with the

considerations set forth in 24 CFR

953.100(b)(2).

If the Area ONAP determines that an

insufficient amount of money is

available to adequately fund a project, it

may decline to fund that project and

fund the next highest ranking project or

projects for which adequate funds are

available. The Area ONAP may select,

in rank order, additional projects for

funding if one of the higher ranking

projects is not funded, or if additional

funds become available.

6. Tiebreakers. When rating results in

a tie among projects and insufficient

resources remain to fund all tied

projects, Area ONAPs shall approve

projects that can be fully funded over

those that cannot be fully funded. When

that does not resolve the tie, the

following factors will be used in the

order listed to resolve the tie:

A. Eastern/Woodlands Office

(1) The applicant with the fewest

active grants.

(2) The applicant that has not

received an ICDBG grant over the

longest period of time.

(3) The project that would benefit the

highest percentage of low and moderate

income persons.

B. Southern Plains Office

(1) The applicant that has not

received an ICDBG grant over the

longest period of time over the last 8

years.

(2) The applicant with the fewest

active grants.

(3) The project that would benefit the

highest percentage of low and moderate

income persons.

C. Northern Plains and Southwest

Offices

(1) The applicant that has not

received an ICDBG grant over the

longest period of time.

(2) The applicant with the fewest

active grants.

(3) The project that would benefit the

highest percentage of low and moderate

income persons.

D. Northwest Office

(1) The applicant that has not

received an ICDBG grant over the

longest period of time.

(2) The applicant that has received the

fewest ICDBG dollars since the

inception of the program.

(3) The project that would benefit the

highest percentage of low and moderate

income persons.

E. Alaska Office

(1) The applicant that has not

received an ICDBG grant over the

longest period of time.

(2) The project that would benefit the

highest percentage of low and moderate

income persons.

(3) The project that would benefit the

most low and moderate income persons.

(c) Pre-award requirements.

1. Successful applicants may be

required to provide supporting

documentation concerning the

management, maintenance, operation,

or financing of proposed projects before

a grant agreement can be executed.

Applicants will normally be given no

less than thirty (30) calendar days to

respond to such requirements. In the

event that no response or an insufficient

response is made within the prescribed

time period, the Area ONAP may

determine that the applicant has not met

the requirements and the grant offer

may be withdrawn. The Area ONAPs

shall require supporting documentation

in those instances where:

A. Specific questions remain

concerning the scope, magnitude,

timing, or method of implementing the

project; or

B. The applicant has not provided

information verifying the commitment

of other resources required to complete,

operate, or maintain the proposed

project.

2. New projects may not be

substituted for those originally proposed

in the application.

3. If the required conditions are not

met within the prescribed time, HUD

may unilaterally rescind the grant

award.

4. Grant amounts allocated for

applicants unable to meet pre-award

requirements will be awarded in

accordance with Part V. of this NOFA.

IV. General Threshold Requirements

and Definitions

(a) General Thresholds. Two types of

general thresholds are set forth in 24

CFR 953.301(a): those that relate to

applicants, and those that address the

overall community development

appropriateness of the project(s)

included in the application. Projectspecific thresholds will be addressed

within the pertinent project selection

criteria categories in section V(b) below.

Applicant thresholds focus on the

administrative capacity of the applicant

to undertake the proposed project, on its

past performance in the ICDBG program,

and in its provision of housing

assistance to low and moderate income

tribal members. In order to rate and rank

a project contained in an application

that has passed the screening tests

outlined in Section III of this NOFA,

Area ONAPs must determine that the

proposed project meets the community

development appropriateness

thresholds, i.e., the project has costs that

are reasonable; the project is appropriate

for the intended use; and the project is

usable or achievable in a timely manner,

generally within two years of grant

award.

1. Applicant-Specific Thresholds—

Capacity and Performance

A. Capacity. The Area ONAP will

assume, absent evidence to the contrary,

that the applicant possesses, or can

obtain the managerial, technical or

administrative capability necessary to

carry out the proposed project. The

application should address who will

administer the project and how the

applicant plans to handle the technical

aspects of executing the project. If the

Area ONAP determines, based on

substantial evidence, that the applicant

does not have or cannot obtain the

capacity to undertake the proposed

project, the application will not receive

further consideration.

B. Performance.

(1) Community development. If an

applicant has previously participated in

the ICDBG Program, the Area ONAP

shall determine whether the applicant

has performed adequately in grant

administration and management. The

applicant is presumed to be performing

adequately unless the Area ONAP

makes a performance determination to

the contrary during periodic

evaluations. Where an applicant was

found to be performing inadequately,

the Area ONAP shall determine whether

the applicant has corrected the

deficiency or is following a schedule to

correct performance to which the

applicant and the Area ONAP have

agreed. In cases of previously

documented deficient performance, the

Area ONAP must determine that the

applicant has taken appropriate

corrective action to improve its

performance prior to the application

due date. The Area ONAP will inform in

writing any potential applicant which

has been determined not to meet this

performance threshold no later than 30
21342 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

days prior to the application due date.

If the performance threshold is not met

as of the application submission

deadline, an application will not be

accepted for rating and ranking.

(2) Housing assistance. The applicant

is presumed not to have taken actions to

impede the provision of housing

assistance for low and moderate income

members of the tribe or village. Any

action taken by the applicant to prevent

or obstruct the provision or operation of

assisted housing for low and moderate

income persons shall be evaluated in

terms of whether it constitutes

inadequate performance by the

applicant. If an applicant has

established or joined an Indian Housing

Authority (IHA), and this IHA has

obtained housing assistance from HUD,

the applicant’s compliance with the

obligations and responsibilities to the

IHA set forth in the tribal ordinance

which was the basis for the

establishment or joining of the IHA will

be a performance consideration.

An applicant will not be held

accountable for the poor performance of

its IHA unless this inadequate

performance is found to be a direct

result of the applicant’s action or

inaction. If this is true, the application

will be removed from further

consideration. Applicants which are

members of ‘‘umbrella’’ IHAs will be

judged only on their individual

performance and will not be held

accountable for the poor performance of

other tribes that are members of the

IHA.

If an applicant has received ICDBG

funds for the provision of new housing

through a subrecipient, the Area ONAP

will consider the following in making

its determination regarding housing

assistance performance:

a. Whether the proposed units were

constructed;

b. Whether housing assistance was

provided to the beneficiaries identified

in the funded application, and if not,

why not;

c. Whether the applicant followed the

provisions of its housing plan and

procedures; and,

d. Whether there were sustained

complaints from tribal members

regarding provision and/or distribution

of ICDBG housing assistance.

The Area ONAP will inform in writing

any potential applicant which has been

determined not to meet the housing

assistance performance threshold no

later than 30 days prior to the

application deadline.

(3) Audits. This threshold requires the

applicant to meet the following

performance criteria:

a. The applicant cannot have an

outstanding ICDBG obligation to HUD or

a ICDBG program that is in arrears, or

it must have agreed to a repayment

schedule. An applicant that has an

outstanding ICDBG obligation that is in

arrears, or one that has not agreed to a

repayment schedule, will be

disqualified from the current

competition and from subsequent

competitions until the obligations are

current. If a grantee that was current at

the time of application submission

becomes delinquent during the review

period, the application may be rejected.

b. The applicant cannot have an

overdue or unsatisfactory response to an

audit finding. If there is an overdue or

unsatisfactory response to an audit

finding, the applicant will be

disqualified from current and

subsequent competition until the

applicant has taken final action

necessary to close the audit finding. The

Area ONAP administrator may provide

exceptions to this disqualification in

cases where the applicant has made a

good faith effort to clear the audit

finding. An exception may be granted

when funds are due HUD or an ICDBG

program as a result of a finding only

when a satisfactory arrangement for

repayment of the debt has been made

and payments are current.

2. Community Development

Appropriateness. The following criteria

must be met by each project:

A. Costs are reasonable. The project

must be described in sufficient detail so

that the Area ONAP can determine:

(1) That costs are reasonable; and,

(2) That the funds requested from the

ICDBG program and all other sources

are adequate to complete the proposed

activity(ies) described in the

application;

B. The project is appropriate for the

intended use; and,

C. The project is usable or achievable

in a timely manner, generally within a

two year period. The timetable for

project implementation and completion

must be set forth on the form HUD

4125—Implementation Schedule

included in the application. A period of

more than two years is acceptable in

certain circumstances, if it is established

that such circumstances are beyond the

applicant’s control.

(b) General Definitions.

Adopt. To approve by formal tribal

resolution.

Assure. To comply with a specific

NOFA requirement. The applicant

should state its compliance or its intent

to comply in its application.

Document. To supply supporting

written information and/or data in the

application which satisfies the NOFA

requirement.

Leverage. Resources the grantee will

use in conjunction with ICDBG funds to

achieve the objectives of the project.

Resources include, but are not limited

to: tribal trust funds, loans from

individuals or organizations, state or

Federal loans or guarantees, other

grants, as well as noncash contributions

and donated services.

Documentation requirements for point

award. For the applicant’s own

resources, a council resolution which

identifies and commits the resources

must be included in the application. For

resources to be provided by another

entity, written verification of an

application or request for the leveraged

resources must be included in the

application. In addition, for grants or

other contributed resources from a

public agency, foundation, or other

private party, a written commitment

which may be contingent on approval of

the ICDBG award must be received by

the Area ONAP no later than 30 days

after the application deadline. This

commitment must specifically identify

or indicate: the dollar amount

committed (or dollar value of the

noncash resource and the basis for the

valuation); that the resources are

currently available or will be available

when necessary for successful project

implementation; and, the project.

If the nature of the funding cycle of

the contributing entity precludes such

an entity from making a firm funding

commitment in this timeframe, such

resources will be considered in the

award of points if the entity provides a

written statement indicating that the

application or request for assistance has

been received from the ICDBG applicant

and stating the date by which its

funding determination will be made;

this date cannot be more than six

months from the anticipated date of

grant approval notification by HUD. (If

the proposed project rates high enough

for funding consideration, a special

condition will be established in the

grant agreement for the project.)

This condition will indicate that if a

firm funding commitment for the

leveraged resources is not provided

within six months of the date of grant

approval, the grant funds approved will

be recaptured by HUD and will be used

in accordance with the requirements of

§ 953.102. This statement must be

received by the Area ONAP no later

than 30 days after the application

deadline. If the commitment or

statement is not received in the required

timeframe or if the required information

is not included, points will not be

awarded for the proposed contribution.
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21343

If the proposed project still rates high

enough to be approved, a pre-award

condition will be established which will

require the applicant to provide

evidence of firmly committed resources

to cover the entire non-ICDBG project

cost. If this condition is not met, the

grant will not be awarded.

In addition to the above requirements

for point award, special documentation

must be included in the application for

certain contributions. The contribution

of goods and services will be considered

for point award if the applicable

requirements listed above are met; if the

items or services are demonstrated and

determined necessary to the actual

development of the project; and

comparable cost and/or time estimates

are submitted which support the

donation.

To be considered for point award land

to be contributed will only be

considered when its use and area are

integral to the development of the

project. In addition, the value of the

land must be verified by any of the

following means or methods and this

documentation must be included in the

application:

—A site specific appraisal no more than

two years old;

—An appraisal of a near-by comparable

site also no more than two years old;

—A reasonable extrapolation of land

value based on current area realtors

value guides.

Project Cost. The total cost to

implement the project. Project cost

includes both ICDBG and non ICDBG

funds and resources.

Section 8 standards. Housing quality

standards contained in the Section 8

Tenant-Based Assistance: Unified Rule

for Tenant-Based Assistance Under the

Section 8 Rental Certificate Program and

the Section 8 Rental Voucher Program

(24 CFR 982.401).

Standard Housing/Standard

Condition. Housing which meets the

housing quality standards (HQS)

adopted by the applicant. The adopted

standards must provide for the

following:

—That the house is safe, in a physically

sound condition with all systems

performing their intended design

functions;

—A livable home environment;

—An energy efficient building and

systems which incorporate energy

conservation measures;

—Adequate space and privacy for all

intended household members.

The HQS adopted by the applicant

must be at least as stringent as the

Section 8 standards unless the Area

ONAP approves less stringent standards

based on a determination that local

conditions make the use of Section 8

standards infeasible. Applicants may

submit their request for the approval of

standards less stringent than Section 8

standards prior to the application due

date. If the request is submitted with the

application, applicants should not

assume automatic approval by the Area

ONAP.

Tribe. Indian Tribe, band, group or

nation, including Alaska Indians,

Aleuts, Eskimos, Alaska Native Villages,

ANCSA Village Corporations and

Regional Corporations.

V. Project Specific Thresholds and

Selection Criteria

(a) Summary of Selection System

Criteria and Point Awards

Maximum

points

1. Housing: ....................

A. Rehabilitation: ....................

(1) Project Need and Design: ....................

a. Percent of funds for standard rehab ......................................................................................................................................... 20

b. Applicant’s selection criteria ..................................................................................................................................................... 10

c. Housing survey ......................................................................................................................................................................... 15

(2) Planning and Implementation: ....................

a. Rehabilitation policies: ....................

(i) Rehabilitation standards ........................................................................................................................................................ 5

(ii) Selection criteria ................................................................................................................................................................... 10

(iii) Project implementation policies and procedures ................................................................................................................ 10

b. Post rehab maintenance 5

c. Cost estimates 15

d. Cost effectiveness 5

(3) Leveraging 5

Total points ................................................................................................................................................................................ 100

B. Land to Support New Housing: ....................

(1) Project Need ............................................................................................................................................................................... 40

(2) Planning and Implementation: ....................

a. Suitability of the land ................................................................................................................................................................ 20

b. Housing resources .................................................................................................................................................................... 10

c. Supportive services ................................................................................................................................................................... 5

d. Commitment of households ...................................................................................................................................................... 5

e. Land to trust status ................................................................................................................................................................... 5

f. Infrastructure commitment ......................................................................................................................................................... 10

g. Land meets need and is reasonably priced ............................................................................................................................. 5

Total points ................................................................................................................................................................................ 100

C. New Housing Construction: ....................

1. Project Need and Design: ....................

a. IHA member/assistance ............................................................................................................................................................ 15

b. Housing policies and plan ......................................................................................................................................................... 20

c. Beneficiary identification ........................................................................................................................................................... 10

2. Planning and Implementation:

a. Occupancy standards ............................................................................................................................................................... 10

b. Site acceptability ....................................................................................................................................................................... 15

c. Energy conservation design ...................................................................................................................................................... 5

d. Housing survey ......................................................................................................................................................................... 10
21344 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

Maximum

points

e. Cost effectiveness ..................................................................................................................................................................... 5

3. Leveraging .................................................................................................................................................................................... 10

Total points ................................................................................................................................................................................ 100

2. Community Facilities: ....................

A. Infrastructure: ....................

(1) Project Need and Design: ....................

a. Meets an essential need ........................................................................................................................................................... 20

b. Benefits the neediest ................................................................................................................................................................ 15

c. Provides infrastructure/health and safety ................................................................................................................................. 25

(2) Planning and Implementation: ....................

a. Maintenance and operation plan .............................................................................................................................................. 15

b. Appropriate and effective design scale and cost ..................................................................................................................... 15

(3) Leveraging 10

Total points ................................................................................................................................................................................ 100

B. Buildings: ....................

(1) Project Need and Design: ....................

a. Meets an essential need ........................................................................................................................................................... 20

b. Benefits the neediest ................................................................................................................................................................ 10

c. Provides building/health and safety .......................................................................................................................................... 25

d. Multi-use/multi-benefit ............................................................................................................................................................... 5

(2) Planning and Implementation: ....................

a. Maintenance and operation plan .............................................................................................................................................. 15

b. Appropriate and effective design scale and cost ..................................................................................................................... 15

(3) Leveraging 10

Total points ................................................................................................................................................................................ 100

C. Economic Development: ....................

(1) Organization ................................................................................................................................................................................ 8

(2) Project Success: ....................

a. Market analysis ......................................................................................................................................................................... 15

b. Management capacity ............................................................................................................................................................... 15

c. Financial analysis ...................................................................................................................................................................... 15

(3) Leveraging ................................................................................................................................................................................... 12

(4) Jobs: ....................

a. ICDBG cost/job ......................................................................................................................................................................... 15

b. Quality of jobs/training .............................................................................................................................................................. 5

(5) Additional considerations: 15

Total points ................................................................................................................................................................................ 100

(b) Project Specific Thresholds and

Selection Criteria

1. Housing Category Projects

A. Specific threshold for housing

category projects.

The applicant shall provide an

assurance that households that have

been evicted from HUD assisted housing

within the past five years will not be

assisted by the proposed project except

in emergency situations. The Area

ONAP Administrator will review each

emergency situation proposed by an

applicant on a case-by-case basis to

determine whether an exception is

warranted.

B. Rehabilitation

(1) Thresholds

a. All applicants for housing

rehabilitation grants shall adopt

rehabilitation standards and

rehabilitation policies, prior to

submitting an application. These

standards and policies must be

submitted with the application.

b. The applicant shall provide an

assurance that:

(i) Any house to be rehabilitated will

be the permanent non-seasonal

residence of the occupants; the residents

will live in the unit at least nine months

per year.

(ii) Houses designated for eventual

replacement will only receive repairs

essential for the health and safety of the

occupants.

(iii) Project funds will be used to

rehabilitate HUD assisted houses only

when the tenant/homeowner’s

payments are current or the tenant/

homeowner is current in a repayment

agreement that is subject to approval by

the Area ONAP. In emergency situations

the Area ONAP administrator may grant

exceptions to this requirement on a

case-by-case basis.

(iv) Houses that have received

comprehensive rehabilitation assistance

from any ICDBG or other Federal grant

program within the past 8 years will not

be assisted with ICDBG funds to make

the same repairs if the repairs are

needed as a result of abuse or neglect.

(2) Grant Limits

Rehabilitation grant limits for each

Area ONAP jurisdiction are as follows:

a. Eastern/Woodlands—$15,000

b. Southern Plains—$20,000

c. Northern Plains—$33,500

d. Southwest—$35,000

e. Northwest—$20,000

f. Alaska—Lesser of $45/sq.ft. or

$35,000

(3) Selection Criteria

a. Project Need and Design (45 points)

(i) The percentage of ICDBG funds

committed to bring the houses to be

assisted up to a standard condition as

defined by the applicant.

Administrative, planning, and technical

assistance expenditures are excluded in

computing the percentage of ICDBG

funds committed to bring the houses up

to a standard condition. The percentage

of ICDBG funds not used to bring the

houses up to a standard condition must
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21345

be used for emergency repairs,

demolition of substandard units or

another purpose closely related to the

housing rehabilitation project.

Percentage of ICDBG funds committed

to bring houses to be assisted up to a

standard condition:

91–100%—20 points

81–90.9%—15 points

80.9 and less—0 points

(ii) The applicant’s selection criteria

which are included in the application

give first priority to the neediest

households. ‘‘Neediest’’ is defined as

households whose houses are in the

greatest disrepair (but still suitable for

rehabilitation treatment) in the project

area, or very low-income households.

Yes—10 points

No—0 points

(iii) Documentation of project need

with a housing survey of all of the

houses to be rehabilitated with ICDBG

funds. This survey should include

standard housing data on each house

surveyed (e.g., age, size, type, number of

rooms, number of habitable rooms,

number of bedrooms/sleeping rooms,

type of heating). The survey should

indicate the deficiencies for each house.

A definition of ‘‘suitable for

rehabilitation’’ must be included. At a

minimum, this definition must not

include houses that need only minor

repairs, or houses that need such major

repairs that rehabilitation is structurally

or financially infeasible.

The application contains all the

required survey data and the required

definition of ‘‘suitable for

rehabilitation.’’ (15 points)

The application does not contain the

required definition of ‘‘suitable for

rehabilitation’’ and/or all the survey

data, but does contain sufficient data to

enable the project to proceed effectively.

(10 points)

The application does not contain

survey data or the survey data it does

contain is not sufficient to enable the

project to proceed effectively. (0 points)

b. Planning and Implementation (50

points)

(i) Rehabilitation Policies and

Procedures including:

a. Adopted rehabilitation standards.

The rehabilitation standards adopted by

the applicant will ensure that after

rehabilitation the houses assisted will

be in a standard condition.

Yes—5 points

No—0 points

b. Rehabilitation selection policies

and procedures. The rehabilitation

selection policies and procedures

contained in the application include:

—Property selection standards;

—Cost limits;

—Type of financing (e.g., loan or grant);

—Homeowner costs and

responsibilities;

—Procedures for selecting households

to be assisted; and,

—Income verification procedures.

The application contains all the

rehabilitation selection policies and

procedures listed above. (10 points)

The application does not contain all

the rehabilitation selection policies and

procedures listed above, but contains

sufficient data to enable the project to

proceed effectively or the application

contains all the rehabilitation selection

policies and procedures listed above,

but in insufficient detail. (5 points)

The application does not contain the

rehabilitation selection policies and

procedures listed above or if it does

contain policies and procedures, they

are not sufficient to enable the project

to proceed effectively. (0 points)

c. Project implementation policies

and procedures. These policies and

procedures must include a description

of the following items:

—The qualifications which will be

required of the inspector;

—The inspection procedures to be used;

—The procedures to be used to select

the contractor or contractors;

—The manner in which the households

to be assisted will be involved in the

rehabilitation process;

—How disputes between the

households to be assisted, the

contractors and the applicant will be

resolved; and, if applicable,

—The repayment provisions which will

be required if sale of the assisted

house occurs prior to 5 years after the

rehabilitation work has been

completed.

The application contains all the

policies and procedures listed above,

and they will enable the project to be

effectively implemented. (10 points)

The application contains some but not

all of the policies and procedures listed

above and these policies and procedures

are sufficient for the project to proceed

effectively. (5 points)

The application does not contain the

policies and procedures listed above. (0

points)

(ii) Post rehabilitation maintenance

policies that address counseling and

training assisted households on

maintenance. The policies included in

the application contain a well-planned

counseling and training program.

Training will be provided for assisted

households, and provision is made for

households unable to do their own

maintenance (e.g., elderly and persons

with disabilities). The policies include

follow-up inspections after

rehabilitation is completed to ensure the

house is being maintained. (5 points)

The policies contain a well-planned

home maintenance training and

counseling program but fail to

adequately address all of the items

listed above. (3 points)

The application does not contain a

well-planned home maintenance

training and counseling program. (0

points)

(iii) Quality of cost estimates. Cost

estimates have been prepared by a

qualified individual. (Qualifications of

the estimator must be included in the

application.) Costs of rehabilitation are

documented on a per house basis and

are supported by a work write-up for

each house to be assisted. The work

write-ups are based upon making those

repairs necessary to bring the houses to

a standard condition in a manner

consistent with adopted construction

codes and requirements. The write-ups

must be submitted with the application.

If national standards, e.g., the Uniform

Building Code, have been locally

adopted as the construction codes and

requirements, they must be referenced.

If locally developed and adopted codes

and requirements are used, they must be

submitted. (15 points)

Cost estimates have been prepared for

each house to be rehabilitated to

determine the total rehabilitation cost.

The cost estimates are included in the

application. Costs to rehabilitate each

house are documented by a deficiency

list. (12 points)

Cost estimates have been prepared

and are included in the application but

the estimates are based on surveys and

not on individual house deficiency lists.

(5 points)

Cost estimates are not included in the

application or the basis for the cost

estimates included is inappropriate or

not provided. (0 points)

(iv) Cost effectiveness of the

rehabilitation program. This is a

measure of how efficiently and

effectively funds will be used under the

proposed program. Applicants must

demonstrate how the proposed

rehabilitation will bring the houses to be

assisted to a standard condition in an

efficient and cost effective manner.

Rehabilitation project is cost effective.

(5 points)

Rehabilitation project is not cost

effective. (0 points)

c. Leveraging. (5 points)

Points under this component will be

awarded in a manner consistent with

the definition of ‘‘Leverage’ included in

this NOFA and the following

breakdown:
21346 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

Non-ICDBG percentage of project

cost Points

25 and over ................................... 5

20–24.9 ......................................... 4

15–19.9 ......................................... 3

10–14.9 ......................................... 2

5–9.9 ......................................... 1

0–4.9 ......................................... 0

C. Land to Support New Housing

(1) Thresholds

a. The application contains

information and documentation which

establishes that there is a reasonable

ratio between the number of net usable

acres to be acquired and the number of

low and moderate income households

with documented housing needs.

b. Housing assistance needs must be

clearly demonstrated and documented

with either a survey that identifies the

households to be served, their size,

income levels and the condition of

current housing or an IHA approved

waiting list. The survey or waiting list

must be submitted with the application.

(2) Selection Criteria

a. Project Need and Design. (40

Points)

Information included in the

application establishes that:

The applicant has no suitable land for

the construction of new housing and the

necessary infrastructure and amenities

for this housing. (40 points); or,

The applicant has land suitable for

housing construction and needed

infrastructure and amenities, but the

land is officially dedicated to another

purpose. (30 points); or,

The applicant will be acquiring land

for housing construction and the

construction of needed infrastructure

and amenities for both new and existing

housing. (25 points); or,

The applicant will be acquiring land

for the construction of amenities for

existing housing. (15 points); or,

The reason for the land acquisition

does not meet any of the criteria listed

above. (0 points)

b. Planning and Implementation. (60

points)

(i) Suitability of land to be acquired.

A preliminary investigation has been

conducted by a qualified entity

independent of the applicant. Based on

this investigation (which must be

submitted with the application), the

land appears to meet all applicable

requirements:

—Soil conditions appear to be suitable

for individual and/or community

septic systems or other acceptable

methods for waste water collection

and treatment have been identified.

—The land has adequate:

—Availability of drinking water;

—Access to utilities;

—Vehicular access;

—Drainage;

—The land appears to comply with

environmental requirements. Future

development costs are expected to be

consistent with other subdivision

development costs in the area

(subdivision development costs

include the costs of the land, housing

construction, water and sewer,

electrical service, roads, and drainage

facilities if required).

Yes—20 points

No—0 points

(ii) Housing resources.

Evidence of a conditional

commitment for at least 25 percent of

the housing units to be built on the land

proposed for acquisition or evidence

that an approvable application for these

units has been submitted has been

included in the application. (10 points)

The evidence required for the award

of 10 points has not been included in

the application. (0 points)

(iii) Availability/accessibility of

supportive services and employment

opportunities. Documentation is

provided in the application to indicate

that upon completion of construction of

the housing to be built on the land to

be acquired, fire and police protection

will be available to the site and medical

and social services, schools, shopping,

and employment opportunities will be

accessible from the site according to the

community’s established norms.

Yes—5 points

No—0 points

(iv) Commitment that households will

move into the new housing.

Documented commitment from

households that they will move into the

new housing to be built on the land to

be acquired is included in the

application.

Yes—5 points

No—0 points

(v) Land can be taken into trust and

provisions have been made for taxes and

fees. There must be a written assurance

from the BIA that the land will be taken

into trust. The applicant must

demonstrate the financial capability and

commitment to pay the property taxes

and fees on the land for any period of

time during which it anticipates it will

own the property in fee. This

commitment must be in the form of a

resolution by the governing body of the

applicant which indicates that the

applicant will pay or guarantee that all

taxes and fees on the land will be paid.

Documentation from the BIA that land

can be taken into trust and the required

governing body resolution are included

in the application. (5 points)

Either the assurance or the resolution

(or both) are missing from the

application or they are inadequate. (0

points)

(vi) A plan or commitment for any

infrastructure needed to support the

housing to be built on the land to be

acquired. The plan or commitment must

address water, waste water collection

and treatment, electricity, roads, and

drainage facilities necessary to support

the housing to be developed.

Financial commitments for all

necessary infrastructure have been

included in the application or

documentation is included which

demonstrates that all necessary

infrastructure is in place. (10 points)

A plan for the provision of all

necessary infrastructure is included in

the application but all financial

commitments required to implement the

plan have not been submitted. (5 points)

Neither a financial commitment or

plan are included in the application. (0

points)

(vii) The extent to which the site

proposed for acquisition meets the

housing needs of the applicant and is

reasonably priced. The application

includes documentation which

indicates that the applicant has

examined and assessed the

appropriateness of alternative sites and

which demonstrates that the site

proposed for acquisition best meets the

documented housing needs of tribal

households. The application must

include comparable sales data which

shows that the cost of the land proposed

for acquisition is reasonable.

Yes—5 points

No—0 points

D. New Housing Construction

The following thresholds and

selection criteria apply to new housing

construction to be implemented through

a Community-Based Development

Organization (CBDO) as provided for

under 24 CFR 570.204. Please note that

all households to be assisted under a

new housing construction project must

be of low or moderate income status.

(1) Thresholds

a. New housing construction can only

be implemented through a CommunityBased Development Organization

(CBDO). Eligible CBDOs are described

in 24 CFR 570.204(c). The applicant

must provide an assurance that it

understands this requirement.

b. Documentation which supports the

following determinations must be

included in the application:
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21347

—No other housing is available in the

immediate reservation area that is

suitable for the households to be

assisted;

—No other funding sources can meet

the needs of the household(s) to be

served.

—The house occupied by the household

to be assisted is not in standard

condition and rehabilitation is not

economically feasible, or the

household is currently in an

overcrowded house [sharing house

with another household(s)], or the

household to be assisted has no

current residence.

c. All applicants for new housing

construction projects shall adopt

construction standards and construction

policies prior to submitting an

application. Applicants must identify

the building code to be used when

constructing the houses and must

document that this code has been

adopted. The building code may be a

tribal building code or a nationally

recognized model code. If it is a tribal

code it must regulate all of the areas and

sub-areas identified in 24 CFR

200.925(b), and it must be reviewed and

approved by the Area ONAP. If the code

is recognized nationally, it must be the

latest edition of one of the codes

incorporated by reference in 24 CFR

200.925(c).

d. The applicant must provide an

assurance that any house to be

constructed will be the permanent nonseasonal residence of the household to

be assisted; this household must live in

the house at least nine months per year.

(2) Selection Criteria

a. Project Need and Design (45 points)

(i) The application includes

documentation which establishes that

the applicant either is not served by an

Indian Housing Authority(IHA), or if it

is a member of an umbrella IHA, this

IHA has not provided assistance to the

applicant in a substantial period of time,

or the IHA serving the applicant has not

received HUD Public and Indian

Housing new construction assistance in

a substantial period of time due to

limited HUD appropriations. The period

of time during which the IHA serving

the applicant has not received funding

for inadequate or poor performance by

the applicant does not count towards

the period of time that no assistance has

been provided by HUD.

No assistance from IHA for 10 years

or longer. (15 points)

No assistance from IHA for 6–9 years,

11 months. (10 points)

No assistance from IHA for 0–5 years,

11 months. (0 points)

(ii) Adopted housing construction

policies and plan. The plan must

include a description of the proposed

CBDO and its relationship (or proposed

relationship) to the applicant. In

addition, the policies and plan must

include:

—A selection system that gives priority

to the neediest households. Neediest

shall be defined as households whose

current residences are in the greatest

disrepair, or very low-income

households, or households without

permanent housing.

—A system effectively addressing longterm maintenance of the constructed

houses.

—Estimated costs and identification of

the entity responsible for paying

utilities, fire hazard insurance and

other normal maintenance costs.

—Policies governing ownership of the

houses, including the status of the

land.

—Description of a comprehensive plan

or approach being implemented by

the tribe to meet the housing needs of

its members.

—Policies governing disposition or

conversion to non-dwelling uses of

substandard houses that will be

vacated when a replacement house is

provided.

The policies and plan include all of

the information listed above. (20 points)

The policies and plan do not include

all of the information listed above, but

do include sufficient information to

allow the project to proceed effectively

or, all of the information is included,

but in insufficient detail. (10 points)

The information included in the

application is not sufficient to meet the

requirements for the award of 10 points.

(0 points)

(iii) Beneficiary identification.

Households to be assisted are identified

in the application and their income

eligibility and household size are

documented. (10 points)

Households to be assisted are not

identified or, if identified, their income

eligibility and household size are not

documented. (0 points)

b. Planning and Implementation (45

points)

(i) Occupancy Standards. The

proposed housing will be designed and

built according to adopted reasonable

standards that govern the size of the

housing in relation to the size of the

occupying household (minimum and

maximum number of persons allowed

for the number of sleeping rooms); the

minimum and maximum square footage

allowed for major living spaces

(bedrooms, living room, kitchen and

dining room). The standards must be

submitted with the application.

Applicant has adopted reasonable

occupancy standards which are

included in the application. (10 points)

Applicant has not adopted reasonable

occupancy standards or the standards

were not included in the application. (0

points)

(ii) Site Acceptability.

The applicant (or the proposed

beneficiary household) has control of

the land upon which the houses will be

built. The application includes

documentation that all housing sites are

in trust or documentation from the BIA

that the sites will be taken into trust

within one year of the date of the ICDBG

approval notification. If the sites are not

in trust by the date of ICDBG approval

notification, documentation that they

are in trust must be provided to the Area

ONAP before ICDBG funds may be

obligated for construction.

A preliminary investigation of the

site(s) has been conducted by a qualified

entity independent of the applicant.

Based on this investigation (which must

be included in the application) the

site(s) appear to meet all applicable

requirements:

—Soil conditions appear to be suitable

for individual or community septic

systems or other acceptable methods

for waste water collection and

treatment have been identified;

—Each site has adequate:

—Availability of drinking water

—Access to utilities

—Vehicular access

—Drainage;

—Each site appears to comply with

environmental requirements.

Yes—15 points

No—0 points

(iii) Energy Conservation Design. The

application includes documentation

which demonstrates that the proposed

houses have been designed in a manner

which will ensure that energy use will

be no greater than that for comparable

houses in the same general geographic

area that have been constructed in

accordance with applicable state energy

conservation standards for residential

construction. Any special design

features, materials, or construction

techniques which enhance energy

conservation must be described.

Yes—5 points

No—0 points

(iv) Housing Survey.

The applicant has completed a survey

of housing conditions and housing

needs of its tribal members. This survey

was completed within the twelve month

period prior to the application

submission deadline (or if an earlier

survey, it was updated during this time

period). The survey must be submitted
21348 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

with the application. The following

descriptive data is included for each

household surveyed.

—Size of the household, inc. age and

gender of any children

—Is the household occupying

permanent housing or is it homeless?

—Annual household income

—Owner or renter

—Number of habitable rooms and

number of sleeping rooms

Physical condition of the house—

standard/substandard

If substandard, is it suitable for

rehabilitation? A definition of ‘‘suitable

for rehabilitation’’ must be included.

—Number of distinct households

occupying the house/degree of

overcrowding

—If there is a need for a replacement

house, what are the housing

preferences of the household, e.g.

ownership or rental; location;

manufactured or stick-built

An acceptable survey was submitted.

(10 points)

The survey submitted was not

acceptable or no survey was submitted.

(0 points)

(v) Cost effectiveness of new housing

construction.

This is a measure of how efficiently

and effectively funds will be used under

the proposed program. Applicants must

demonstrate how the proposed housing

activities will be accomplished in an

efficient and cost effective manner. The

applicant has demonstrated that the

proposed activities are cost effective. (5

points)

The applicant has not demonstrated

that the proposed activities are cost

effective. (0 points)

c. Leveraging. (10 points)

Points under this component will be

awarded in a manner consistent with

the definition of ‘‘Leverage’’ included in

this NOFA and the following

breakdown:

Non–ICDBG percentage of project

cost Points

25 and over ......................................... 10

20–24.9 ............................................... 8

15–19.9 ............................................... 6

10–14.9 ............................................... 4

5–9.9 ................................................... 2

0–4.9 ................................................... 0

2. Community Facilities

A. Infrastructure

(1) Selection Criteria

a. Project Need and Design. (60

points)

(i) The application includes

documentation which demonstrates that

the proposed project meets an essential

community development need by

fulfilling a function that is critical to the

continued existence or orderly

development of the community.

The proposed project will fulfill a

function which is critical to the

continued existence or orderly

development of the community. (20

points)

The proposed project will fulfill a

function which is not critical to the

continued existence or orderly

development of the community. (0

points)

(ii) The proposed project benefits the

neediest segment of the population, as

identified below. Applications must

include information which

demonstrates that income data was

collected in a statistically reliable and

independently verifiable manner and

that:

85 percent or more of the beneficiaries

are low and moderate income. (15

points)

Between 75–84.9 percent of the

beneficiaries are low and moderate

income. (10 points)

Between 55–74.9 percent of the

beneficiaries are low and moderate

income. (5 points)

Less than 55 percent of the

beneficiaries are low and moderate

income. (0 points)

(iii) The application includes

documentation which demonstrates that

the proposed project will provide

infrastructure that does not currently

exist for the area to be served or it will

eliminate or substantially reduce a

health or safety threat or problem or it

will replace existing infrastructure that

no longer functions adequately to meet

current needs.

The infrastructure does not exist or

the existing infrastructure no longer

functions or the existing infrastructure

does not contribute to the elimination

of, or causes, a verified health or safety

threat or problem. (25 points)

The existing infrastructure no longer

functions adequately to meet current

needs or is unreliable. (20 points)

The proposed project will replace or

supplement existing infrastructure

which is adequate for current needs but

which will not meet acknowledged

future needs. (12 points)

The proposed project will replace or

supplement existing infrastructure

which is adequate to meet current needs

and future needs have not been

acknowledged or documented. (0

points)

If the project is intended to address a

health or safety threat or problem, the

applicant must provide documentation

consisting of a signed study or letter

from a qualified independent authority

which verifies that:

—A threat to health or safety (or a

health or safety problem) exists which

has caused or has the potential to

cause serious illness, injury, disease,

or death; and,

—The threat or problem can be

completely or substantially

eliminated if the proposed project is

undertaken.

b. Planning and Implementation (30

points)

(i) A viable plan for maintenance and

operation. If the applicant is to assume

responsibility for maintenance and

operation of the proposed facility, the

applicant must adopt a maintenance

and operation plan which addresses

maintenance, repair and replacement of

items not covered by insurance, and

which clearly identifies operating

responsibilities and resources. This plan

and the adopting resolution must be

included in the application. The plan

must identify a funding source to ensure

that the facility will be properly

maintained and operated. The

resolution adopting the plan must

identify the total annual dollar amount

the applicant will commit.

If an entity other than the applicant

commits to pay for maintenance and

operation, a letter of commitment which

identifies the responsibilities the entity

will assume and which documents its

financial ability to assume these

responsibilities must be included in the

application; submission of a

maintenance and operation plan is not

required. Points will only be awarded if

the Area ONAP is able to determine that

the entity is financially able to assume

the costs of maintenance and operation.

An acceptable maintenance and

operation plan and adopting resolution

(or letter of commitment) are included

in the application. (15 points)

The plan, resolution or the

commitment letter have not been

included in the application or if

included they are not acceptable. (0

points)

c. An appropriate and effective

design, scale and cost. The application

includes information which

demonstrates that the proposed project

is the most appropriate and cost

effective approach to address the

identified need. This information

demonstrates that the use of existing

facilities and resources, and

alternatives, including method of

implementation and cost, have been

considered. If only one approach is

feasible (there are no alternatives to the

proposed project), the application must

include an explanation.
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21349

The required information is included

in the application. (15 points)

The required information is not

included in the application or, if

included, it is unacceptable. (0 points)

d. Leveraging. (10 points) Points

under this component will be awarded

in a manner consistent with the

definition of ‘‘Leverage’’ included in

this NOFA and the following

breakdown:

Non–ICDBG percentage of project

cost Points

25 and over ......................................... 10

20–24.9 ............................................... 8

15–19.9 ............................................... 6

10–14.9. .............................................. 4

5–9.9 ................................................... 2

0–4.9 ................................................... 0

B. Buildings

(1) Threshold. An applicant proposing

a facility which would provide health

care services funded by the Indian

Health Service (IHS) must assure that

the facility meets all applicable IHS

facility requirements. It is recognized

that tribes that are contracting services

from the IHS may establish other facility

standards. These tribes must assure that

these standards at least compare to

nationally accepted minimum

standards.

(2) Selection Criteria.

a. Project Need and Design. (60

points)

(i) The application includes

documentation that the proposed

building meets an essential community

development need by providing space

so that a service or function which is

critical to the continued existence or

orderly development of the community

can be provided.

The proposed building will provide

space for a service or function which is

essential to the continued existence or

orderly development of the community.

(20 points)

The proposed building will provide

space for a service or function which is

not critical to the continued existence or

orderly development of the community.

(0 points)

(ii) The proposed project benefits the

neediest segment of the population, as

identified below. Applications must

include information which

demonstrates that income data was

collected in a statistically reliable and

independently verifiable manner and

that:

85 percent or more of the beneficiaries

are low and moderate income. (10

points)

Between 75–84.9 percent of the

beneficiaries are low and moderate

income. (8 points)

Between 55–74.9 percent of the

beneficiaries are low and moderate

income. (5 points)

Less than 55 percent of the

beneficiaries are low and moderate

income. (0 points)

(iii) The application includes

documentation which demonstrates that

the proposed building will be used to

provide services or functions which are

not provided to service area

beneficiaries or it will replace a building

which does not meet health or safety

standards which is currently being used

to provide the service or function or it

will replace a building which is no

longer able to provide the space or

amenities to meet the current need for

the services or functions.

The services or functions to be

provided in the proposed building do

not exist for the service area population

or the building currently being used

does not meet health or safety

standards. (25 points)

The building to be replaced by the

proposed building is not able to provide

the space or amenities for the services

or functions so that current needs

cannot be entirely met. (20 points)

The building to be replaced is able to

provide adequate space and current

needs are being met but it cannot

provide space for acknowledged future

needs. (10 points)

The proposed building is not

necessary since current needs and

acknowledged future needs can be met

through the use of existing facilities. (0

points)

If the proposed building is intended

to replace an existing building which

does not meet health or safety

standards, the application must include

documentation consisting of a signed

letter from a qualified independent

authority which specifically identifies

the standard or standards which are not

being met by the existing building.

(iv) Provides multiple uses or

multiple benefits, or has services

available 24 hours a day. The

application must show that the

proposed building will house more than

one broad category of activity or that

services would be provided out of the

building 24 hours a day. A written

commitment for the use of the space

must be included in the application.

‘‘Broad category’’ means a single activity

or group of activities which serves a

particular group of beneficiaries (e.g.,

senior citizens) or meets a particular

need (e.g., literacy). No one category of

activity will occupy more than 75

percent of the available space for more

than 75 percent of the time.

Multipurpose buildings do not

automatically meet these criteria, nor do

buildings that provide a variety of

activities for one client group.

The proposed building will provide

multiple uses or benefits or will have

services available 24 hours/day and a

commitment for the use of the space is

included in the application. (5 points)

The proposed building will not

provide multiple benefits or services or

will not have services available 24 hours

a day or the application does not

include a commitment for the use of the

space. (0 points)

b. Planning and Implementation. (30

points)

(i) A viable plan for maintenance and

operation. If the applicant is to assume

responsibility for the maintenance and

operation of the proposed building, the

applicant must adopt a maintenance

and operation plan which addresses

maintenance, repair and replacement of

items not covered by insurance, and

which clearly identifies operating

responsibilities and resources. This plan

and the adopting resolution must be

included in the application. The plan

must identify a funding source to ensure

that the building will be properly

maintained and operated. The

resolution adopting the plan must

identify the total annual dollar amount

the applicant will commit.

If an entity other than the applicant

commits to pay for maintenance and

operation, a letter of commitment which

identifies the responsibilities the entity

will assume and which documents its

financial ability to meet these

responsibilities must be included in the

application; submission of a

maintenance and operation plan is not

required. Points will only be awarded if

the Area ONAP is able to determine that

the entity is financially able to assume

the costs of maintenance and operation.

An acceptable maintenance and

operation plan and adopting resolution

(or letter of commitment) are included

in the application. (15 points)

The plan, resolution or the

commitment letter have not been

included in the application, or if

included, they are not acceptable. (0

points)

(ii) An appropriate and effective

design, scale and cost. The application

includes information which

demonstrates that the proposed building

is the most appropriate and cost

effective approach to address the

identified need(s). This information

demonstrates that the use of existing

facilities and resources and alternatives,

including method of implementation

and cost, have been considered. If only

one approach is feasible (there are no

alternatives to the proposed building),
21350 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

the application must include an

explanation.

The required information is included

in the application. (15 points)

The required information is not

included in the application or, if

included, it is unacceptable. (0 points)

c. Leveraging. (10 points)

Points under this component will be

awarded based on the definition of

‘‘Leverage’’ included in this NOFA and

the following breakdown:

Non-ICDBG percentage of project

cost Points

25 or more .................................... 10

20–24.9 ......................................... 8

15–19.9 ......................................... 6

10–14.9 ......................................... 4

5–9.9 ............................................. 2

0–4.9 ............................................. 0

3. Economic Development

A. Thresholds

(1) Economic development assistance

may be provided only when a financial

analysis is done which shows public

benefit commensurate with the

assistance to the business can

reasonably be expected to result from

the assisted project, and the project has

a reasonable chance of success. The

applicant shall demonstrate the need for

grant assistance by providing

documentation to support a

determination that the assistance is

appropriate to implement an economic

development project.

(2) All economic development

projects must meet one of the national

objectives. A general claim of cash flow

or benefit to the tribe as a whole does

not demonstrate benefit to low and

moderate income persons.

B. Selection Criteria

(1) Organization. (8 points)

The application contains information

and documentation which addresses all

of the following three elements:

—The applicant (or entity to be assisted)

has an established organization

system for operation of a business,

(e.g., adopted tribal ordinances,

articles of incorporation, Board of

Directors in place, tribal department).

—Formal provisions exist for separation

of government functions from

business operating decisions. An

operating plan has been established

and is submitted.

—The Board of Directors consists of

persons who have prior business

experience. A staffing plan has been

developed and is submitted.

(Maximum: 8 Points)

The application contains all of the

first element listed above, and some of

the items in the second and third

elements OR, the application contains

all of the elements listed above, but in

insufficient detail. The business should

be able to operate effectively. (Moderate:

5 Points)

The application does not meet the

criteria for the award of moderate

points. (Unsatisfactory: 0 Points)

(2) Project Success. (45 points)

The project will be rated on the

adequacy and quality of the information

included in the application which

addresses the following criteria: ANY

PROJECT NOT RECEIVING AT LEAST

MODERATE POINTS IN EACH OF THE

FOLLOWING THREE RATING

FACTORS WILL NOT BE CONSIDERED

FOR FUNDING.

a. Market analysis

A feasibility/market analysis,

generally not older than two years,

which identifies the market and

demonstrates that the proposed

activities are highly likely to capture a

fair share of the market. The analysis

must be submitted with the application.

(Maximum: 15 points)

A feasibility/market analysis which

identifies the market and demonstrates

that the proposed activities are

reasonably likely to capture a fair share

of the market. The analysis must be

submitted with the application.

(Moderate: 10 points)

The submission does not meet the

criteria for the award of moderate

points. (Unsatisfactory: 0 points)

b. Management capacity.

A management team with qualifying

specialized training or technical/

managerial experience in the operation

of a similar business has been

identified. Job descriptions of key

management positions as well as

resumes showing qualifying specialized

technical/managerial training or

experience of the identified

management team must be submitted

with the application. (Maximum: 15

points)

A management team with qualifying

general business training or experience

will be hired if the grant is approved.

Job descriptions of key management

positions must be submitted with the

application. (Moderate: 12 points)

The submission does not meet the

criteria for the award of 12 points.

(Unsatisfactory: 0 points)

c. Financial Analysis of the Business

The financial viability of a project will

be determined by an analysis of

financial and other project related

information. For all proposed projects,

the following must be submitted:

(i) A detailed cost summary for the

project;

(ii) Evidence of funding sources;

(iii) Five year operating or cash flow

financial projections. If the project

involves the expansion of an existing

business, financial statements for the

most recent three year period for the

business must also be submitted with

the application (financial statements

include the balance sheet, income

statement and statement of retained

earnings). For start-up businesses that

will not be owned by the grantee,

current financial or net worth

statements of principal business owners

or officers must also be submitted with

the application.

The information derived from the

analysis will be reviewed and compared

to local or national industry standards

to assess reasonableness of development

costs, financial need, profitability, and

risk as factors in determining overall

financial viability. In determining

whether a project is financially viable,

the Area ONAP will also consider

current and projected market conditions

and profitability measures such as cash

flow return on equity, cash flow return

on total assets and the ratio of net profit

before taxes to total assets. Sources of

industry standards include Marshall

and Swift Publication Company, Robert

Morris Associates, Dun and Bradstreet,

the Chamber of Commerce, etc. Local

standards may also be used. If one of

these standards is cited by the

applicant, the appropriate data must be

submitted with the application. Based

on the analysis:

The project has an excellent chance of

achieving financial success. (Maximum:

15 points)

The project has an average chance of

achieving financial success. (Moderate:

8 points)

The project has a minimal prospect of

achieving financial success.

(Unsatisfactory: 0 points)

(3) Leveraging.

Points under this component will be

awarded in a manner consistent with

the definition of ‘‘Leverage’’ included in

this NOFA and the following

breakdown:

Non-ICDBG percentage of project

cost Points

30% or more ....................................... 12

20–29.9% ............................................ 8

10–19.9% ............................................ 4

Less than 10% .................................... 0

(4) Permanent Full-Time Equivalent

Job Creation and Training. (20 points)

The total number of permanent fulltime equivalent jobs expected to be

created and/or retained as a result of the

project as well as a summary of job

descriptions. Retained jobs will not be

counted unless clear evidence is
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21351

provided that these jobs would be lost

without the project. The number and

kind(s) of jobs expected to be available

to low and moderate income persons

must be identified.

a. ICDBG cost per job

$30,000 or less—15 points

$30,001–40,000—12 points

$40,001–45,000—8 points

$45,001+—0 points

b. Quality of jobs and/or training

targeted to low and moderate income

persons.

—The jobs offer wages and benefits

comparable to area wages and benefits

for similar jobs, provide opportunity

for advancement, and teach a

transferable skill; or

—The employer commits to provide

training opportunities. A description

of the planned training program must

be submitted with the application

Yes—5 points

No—0 points

(5) Additional Considerations. (15

points) A project must meet three of the

following criteria to receive 15 points.

(15 points)

—Use, improve or expand members’

special skills. Special skills are those

that members have developed through

education, training or traditional

cultural experiences.

Yes—5 points

No 0 points

—Provide spin-off benefits beyond the

initial economic development benefits

to employees or to the community

Yes—5 points

No—0 points

—Provide special opportunities for

residents of Federally-assisted

housing

Yes—5 points

No—0 points

—Provide benefits to other businesses

owned by Indians or Alaska natives

Yes—5 points

No—0 points

—Loan Repayment/Reuse of ICDBG

funds. If the business is not tribally

owned, at least 50% of the ICDBG

assistance to the business will be

repaid to the grantee within a 10 year

period. If the business is tribally

owned, the tribe agrees (by

submission of a tribal resolution)

within a 10 year period to use funds

equal to 50% of the ICDBG assistance

for eligible activities that meet a

national objective. These funds

should come from the profits of the

tribally owned business

Yes—5 points

No—0 points

VI. Procedural Error and Appeals

With respect to any claims of

procedural error that may be made by

unsuccessful applicants, please note

that a procedural error is, by definition,

an error in process. An example is a

point calculation error which would, if

corrected, raise the total point award for

a project over the cut-off point for

funding. Rating panel judgements made

within the provisions of this NOFA and

the program regulations (24 CFR 953)

are not subject to claims of procedural

error. If an Area ONAP makes a

procedural error in the application

review and rating process which, when

corrected, would result in the award of

sufficient points to warrant the funding

of an otherwise approvable project, the

Area ONAP may fund that project in the

next funding round without further

competition. All appeals must be

submitted to the appropriate Area

ONAP within 90 days after the

applicant is notified in writing of a

funding decision.

VII. Other Matters

(a) Environmental Statement. 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. The Finding of No Significant

Impact 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, S.W., Washington, D.C.

20410.

(b) Recipient Compliance with

Environmental Requirements. Prior to

any commitment of project funds and

before any request for release of funds,

a recipient must comply with the

environmental requirements identified

in 24 CFR 953.605.

(c) Federalism Executive Order. The

General Counsel, as the Designated

Official under section 6(a) of Executive

Order 12612, Federalism, has

determined that this NOFA will not

have substantial, direct effects on states,

on their political subdivisions, or on

their relationship with the Federal

Government, or on the distribution of

power and responsibilities between

them and other levels of government.

While the NOFA will provide financial

assistance to Indian tribes and Alaska

native villages, none of its provisions

will have an effect on the relationship

between the Federal Government and

the states or their political subdivisions.

(d) Family Executive Order. The

General Counsel, as the Designated

Official for Executive Order 12606, The

Family, has determined that the policies

announced in this NOFA would not

have the potential for significant impact

on family formation, maintenance and

general well-being and thus not subject

to review under the Order.

(e) Prohibition of Advance Disclosure

of Funding Decisions. HUD’s regulation

implementing section 103 of the

Department of Housing and Urban

Development Reform Act of 1989,

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 the 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 ethics related

questions should contact the HUD

Office of Ethics (202) 708–3815. (This is

not a toll-free number.) For HUD

employees who have specific program

questions, such as whether particular

subject matter can be discussed with

persons outside HUD, the employee

should contact the appropriate Area

ONAP Counsel, or Headquarters counsel

for the program to which the question

pertains.

(f) 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)).

Authority: Title I, Housing and Community

Development Act of 1974, as amended (42

U.S.C. 5301 et seq.); sec. 7(d) of the

Department of Housing and Urban
21352 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

Development Act (42 U.S.C. 3535(d)); 24 CFR

953.

Dated: April 23, 1996.

Michael B. Janis,

General Deputy, Assistant Secretary for Public

and Indian Housing.

[FR Doc. 96–11509 Filed 5–8–96; 8:45 am]

BILLING CODE 4210–33–P