60312 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

excess and surplus Federal buildings 

and real property that HUD has 

reviewed for suitability for use to assist 

the homeless. Today’s Notice is for the 

purpose of announcing that no 

additional properties have been 

determined suitable or unsuitable this 

week. 

Dated: October 2, 2008. 

Mark R. Johnston, 

Deputy Assistant Secretary for Special Needs. 

[FR Doc. E8–23786 Filed 10–9–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5218–N–01] 

Notice of Funding Availability for the 

Section 202 Demonstration PreDevelopment Grant Program 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice of funding availability. 

Overview Information 

A. Federal Agency Name: Department 

of Housing and Urban Development, 

Office of Housing. 

B. Funding Opportunity Title: Section 

202 Demonstration Pre-Development 

Grant Program. 

C. Announcement Type: Initial 

announcement. 

D. Funding Opportunity Number: The 

OMB approval number for this NOFA is 

2502–0267. The Federal Register 

number is FR–5218–N–01. 

E. Catalog of Federal Domestic 

Assistance (CFDA) Number(s): 14.157, 

Section 202 Demonstration PreDevelopment Grant Program. 

F. Dates: The application deadline 

date is: December 16, 2008. All 

applications must be received and 

validated by Grants.gov no later than 

11:59:59 pm Eastern Time on the 

application deadline date. Refer to the 

General Section of the SuperNOFA 

published on March 19, 2008 (72 FR 

14882) (General Section), the FY2008 

SuperNOFA published on May 12, 2008 

(72 FR 27032) (SuperNOFA) and the 

Notice of HUD’s FY2008 SuperNOFA 

for HUD’s Discretionary Programs; 

Correction for Section 202 and Section 

811 Programs published on June 9, 2008 

(72 FR 32592) (SuperNOFA 

SUPPLEMENTARY INFORMATION) and 

Section IV of this Program NOFA for 

further information about application, 

submission, and timely receipt 

requirements. 

G. Additional Overview Content 

Information: Applicants must be 

registered to apply on line at Grants.gov 

to submit an application. Private 

nonprofit organizations and nonprofit 

consumer cooperatives interested in 

applying for funding under this 

program, in addition to this Program 

Section, should carefully review the 

General Section, the SuperNOFA, and 

the SuperNOFA SUPPLEMENTARY

INFORMATION, and the information 

detailed in this Program NOFA, which 

covers the registration, submission, 

timely receipt, and additional 

requirements for this funding 

opportunity. Applicants are advised to 

start the registration process 

immediately upon publication of this 

NOFA. Registration can take several 

weeks to complete. 

Full Text Of Announcement 

I. Funding Opportunity Description 

A. Program Description. The purpose 

of this Demonstration Pre-Development 

Grant program is to assist Sponsors of 

projects that receive Fund Reservation 

Awards pursuant to the FY2008 

SuperNOFA for the Section 202 

Supportive Housing for the Elderly 

program by providing pre-development 

grant funding for architectural and 

engineering work, site control, and other 

planning related expenses that are 

eligible for funding under the Section 

202 Supportive Housing for the Elderly 

program. Subsequent to providing predevelopment grant funding to the 

selected applicants, HUD will assess the 

impact of the availability of such 

funding on the ability of project 

Sponsors to expedite the development 

processing of projects from Section 202 

Fund Reservation to Initial Closing 

within 18 months. 

HUD is aware of the complexities of 

developing Section 202 projects and 

understands that a lack of predevelopment funding may be a 

contributing factor in many instances 

where project Sponsors are not able to 

move their approved projects from Fund 

Reservation award to Initial Closing 

within the required 18-month time 

frame. Funding under this program is 

not intended to duplicate Section 202 

Capital Advance funding, but rather to 

provide a source of funding for predevelopment costs that would otherwise 

not be reimbursable until Initial Closing 

or would be payable from eligible 

funding resources secured outside of 

Section 202 Capital Advance funding. 

B. Authority. The Section 202 

Demonstration Pre-Development 

program is authorized by the 

Consolidated Appropriations Act, 2008 

(Pub. L. 110–161; approved December 

26, 2007). 

II. Award Information 

A. Funding Available. The 

Consolidated Appropriations Act, 2008 

(Pub. L. 110–161; approved December 

26, 2007), authorized approximately 

$20,000,000 for pre-development grants 

to private nonprofit organizations and 

consumer cooperatives in connection 

with the development of housing under 

the Section 202 Supportive Housing for 

the Elderly program. 

B. Funding Process. HUD will only 

make offers to fully fund as many 

applications as possible from the $20 

million allocated for Sponsors that 

receive Section 202 Fund Reservations 

pursuant to the FY2008 SuperNOFA. 

Applicants selected for funding under 

the FY2008 Section 202 Supportive 

Housing for the Elderly NOFA are not 

guaranteed funding under this 

demonstration program. 

C. Maximum Grant Award. The 

maximum grant amount per single 

application is $400,000. However, no 

more than $800,000 may be awarded to 

a single entity or its affiliated 

organizations. The amount of funding 

requested must be within the maximum 

grant award amounts or the application 

will not receive funding consideration. 

D. Reduction of Requested Grant 

Amount. HUD may make an award in an 

amount less than requested, if: 

1. HUD determines that any of the 

proposed pre-development activities are 

ineligible for funding under the Section 

202 Supportive Housing for the Elderly 

program; 

2. HUD determines that an eligible 

applicant has not been able to provide 

sufficient evidence to support the 

proposed cost of an eligible predevelopment item or activity; 

3. HUD determines that a reduced 

grant would prevent duplicative federal 

funding; or 

4. HUD determines that proposed 

costs for pre-development activities are 

not based on comparable costs for 

eligible items and activities in the 

applicant’s community. HUD field office 

staff will review proposed costs in 

accordance with customary and 

reasonable costs for such items within 

the geographical jurisdiction of the 

respective Multifamily Hub and/or 

Multifamily Program Center Office. If 

requested by HUD, eligible applicants 

must provide supportable evidence of 

comparable costs for proposed 

activities. 

E. Term of Funded Activities. The 

grant term is 18 months from the date 

of the Section 202 Supportive Housing 

for the Elderly Agreement Letter to 

Initial Closing. Funds not expended by 

the end of the grant term are subject to 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60313 

recapture and/or repayment if expended 

on ineligible activities. Failure to 

complete the development processing of 

the Section 202 project by the end of the 

grant term may result in grant 

termination, grant reduction, or other 

action deemed appropriate by HUD. 

HUD may use past performance in 

making future funding decisions. 

III. Eligibility Information 

A. Eligible Applicants 

1. All private nonprofit organizations 

and nonprofit consumer cooperatives 

that submitted an application for 

funding consideration under the 

FY2008 SuperNOFA for the Section 202 

Supportive Housing for the Elderly 

program are eligible to apply for funding 

under this Demonstration PreDevelopment Grant program. (Please 

refer to the Section 202 Program NOFA 

published with the FY2008 SuperNOFA 

and the FY2008 SuperNOFA 

SUPPLEMENTARY INFORMATION for a 

discussion on the eligibility criteria for 

the Section 202 program.) However, 

funding awards under this Section 202 

Demonstration Pre-Development Grant 

program will be restricted to those 

applicants that are selected for Fund 

Reservation Awards under the FY2008 

SuperNOFA for the Section 202 

Supportive Housing for the Elderly 

program. Funding under this Program 

will not be fair shared to each HUD 

office. 

2. Ineligible applicants. Ineligible 

applicants include: 

a. Applicants that failed to submit a 

request for Fund Reservation under 

FY2008 Section 202 Program NOFA. 

b. Applications from eligible 

applicants that do not receive a Fund 

Reservation Award under the FY2008 

SuperNOFA for the Section 202 

program. 

c. Applications from applicants that 

are ineligible under the Section 202 

program including public bodies and 

instrumentalities of public bodies. 

d. Applicants submitting proposals 

involving mixed-financing for 

additional units. 

B. Cost Sharing or Matching 

No match required. 

C. Other 

1. Requirements and Procedures. To 

receive and administer funding under 

this demonstration program, applicants 

must fully satisfy the eligibility 

requirements for participation in the 

Section 202 Supportive Housing for the 

Elderly program as well as comply with 

the following: 

a. Statutory and Regulatory 

Requirements. You must comply with 

all statutory, regulatory, threshold, and 

public policy requirements listed in the 

General Section. 

b. Allowable Use of Funds. Predevelopment grant funds may be used to 

cover the cost of pre-development 

activities relating to the development of 

supportive housing for the elderly under 

the Section 202 program as described in 

Section IV.E.1. (‘‘Eligible Activities’’). 

However, before a grantee can enter into 

a contract for professional services, the 

entity must receive approval under the 

form HUD–2530 clearance process. 

Such entities include, but are not 

limited to, housing consultants 

(including those instances where 

eligible sponsors proposed to provide 

such services), general contractors, and 

management agents. 

c. Organizational Costs. Eligible 

organizational expenses and/or costs are 

limited to those incurred in connection 

with the organization of an owner 

entity, pursuant to the requirements of 

the Section 202 Supportive Housing for 

the Elderly program. 

d. Site Control. Applicants are 

required to provide evidence of site 

control, consistent with the 

requirements of the Section 202 

program, as a condition to being funded 

under the FY2008 Section 202 NOFA. 

Applicants who receive funding awards 

under this NOFA may utilize this 

funding to extend site control in 

accordance with the site control 

requirements under the Section 202 

Supportive Housing for the Elderly 

program. For further discussion, see the 

Section 202 Program NOFA published 

as part of the FY2008 SuperNOFA and 

the FY2008 SuperNOFA SUPPLEMENTARY

INFORMATION: 

e. Phase I and Phase II Environmental 

Site Assessments (ESA). The 

requirements for Phase I and II ESAs are 

the same as those that apply to the 

Section 202 Supportive Housing for the 

Elderly program and are contained in 

the Section 202 Program NOFA 

published as part of the FY2008 

SuperNOFA and the FY2008 

SuperNOFA SUPPLEMENTARY

INFORMATION. 

f. False Statements. See the General 

Section of the FY2008 SuperNOFA. 

g. Delinquent Federal Debts. In 

addition to the requirements in the 

General Section of the FY2008 

SuperNOFA, applicants at the time of 

award that have federal debt or are in 

default of an agreement with the 

Internal Revenue Service (IRS) will not 

be funded. Applicants selected for 

funding have an obligation to report to 

HUD changes in status of a current IRS 

agreement covering federal debt. 

2. Program Related Threshold 

Requirements. In addition to the 

threshold requirements in the General 

Section of the FY2008 SuperNOFA, 

applicants must adhere to all programspecific threshold requirements, as 

detailed in this NOFA. HUD will 

consider an application non-responsive 

to this NOFA and will not accept it for 

processing if the applicant: 

a. Is determined to be ineligible 

(Please refer to Section III.A of this 

NOFA for a more detailed discussion on 

ineligible applicants); 

b. Requested more than the maximum 

grant amount; 

c. Is granted a waiver to submit a 

paper application, but fails to submit 

the required original and four copies; or 

d. Failed to submit the threshold 

requirements as identified by the 

asterisk (*) in Section IV.B. of this 

Program NOFA by the deadline date. 

IV. Application and Submission 

Information 

A. Addresses to Request Application 

Package. All information needed for the 

preparation and submission of this 

application is included in this Program 

NOFA and the General Section of the 

FY2008 SuperNOFA and the FY2008 

SuperNOFA SUPPLEMENTARY

INFORMATION. Copies of the General 

Section, this Program NOFA, and 

needed forms are found in the 

instructions and application downloads 

which are on the Grants.gov Web site at 

www.Grants.gov. If you have difficulty 

accessing the information, you may call 

the Grants.gov Support Desk toll free at 

800–518–GRANTS or e-mail your 

questions to Support@Grants.gov. The 

Support Desk staff will assist you in 

accessing the information. 

Your application must be transmitted 

electronically using www.Grants.gov/ 

applicant/apply_for_grants.jsp unless 

you request and receive a waiver of the 

requirement for electronic application 

submittal. See the General Section, the 

Introduction to the FY2008 SuperNOFA 

and the FY2008 SuperNOFA 

SUPPLEMENTARY INFORMATION for further 

information and instructions pertaining 

to electronic application submission 

and waiver request requirements. 

For applicants receiving a waiver to 

submit a paper application, an original 

and 4 copies of the completed 

application package must be received by 

the appropriate local HUD office on or 

before December 9, 2008. See http:// 

www.hud.gov/offices/adm/grants/ 

fundsavail.cfm (select ‘‘Important 

Information Related to the SuperNOFA’’ 

and then select ‘‘Field Offices’’) for a 

complete listing of the Multifamily Hub 

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60314 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

Offices and Multifamily Program 

Centers. 

B. Content and Form of Application 

Submission. 

You should ensure that your 

application is complete before 

transmitting it to the following Web site: 

http://www.grants.gov/applicants/ 

apply_for_grants.jsp. In cases where a 

waiver of electronic submission 

requirement is granted, an original and 

four copies must be submitted to the 

appropriate HUD office. In addition, all 

applicable documents must have an 

original signature. Upon receipt of the 

application by HUD staff, HUD will 

screen all applications to determine if 

there are any curable deficiencies. See 

Section V.B.2. of this Program NOFA for 

further discussion. 

Applicants may submit more than one 

application to a single field office. 

However, no more than one application 

may be submitted per project. Each 

application must propose a separate 

project, and the proposed development 

must be located within the jurisdiction 

of the appropriate field office. To be 

eligible for review, all applications must 

contain the required exhibits that 

include form SF–424, form HUD–2880, 

and the narrative discussions. Forms 

needed for the application may be 

obtained from http://www.grants.gov/ 

applicants/apply_for_grants.jsp. 

Threshold items are identified by an 

asterisk (*). Failure to include threshold 

items in your initial application 

submission will render your application 

non-responsive and it will not be 

considered for funding by HUD. 

Applications must contain the required 

exhibits as listed below: 

1. Cover Letter. A brief narrative 

detailing the project’s name, HUD 

project number, and the name(s), 

address(es), contact person name(s) and 

telephone number(s) of the Sponsor(s). 

The letter must also detail the total grant 

amount being requested under this 

Program NOFA. 

2. Standard Form 424—Application 

for Federal Assistance. Applicants must 

enter their legal name in box 8.a. of the 

SF–424 as it appears in the Central 

Contractor Register (CCR). See the 

General Section of the FY2008 

SuperNOFA regarding CCR registration. 

3. * Narrative Demonstrating Need for 

Pre-development Funding. This exhibit 

requires applicants to submit form 

HUD–2880, Applicant/Recipient 

Disclosure/Update Report (‘‘HUD 

Applicant Recipient Disclosure Report’’ 

on Grants.gov). A disclosure of 

assistance from other government 

sources received in connection with the 

project is required. Applicants must also 

submit a brief narrative describing the 

financial circumstances that resulted in 

your need to apply for funding 

assistance with pre-development 

activities and how the lack of such 

assistance has impacted the 

organization’s previous or current 

development efforts. 

4. * Proposed Pre-development 

Activities and Budget. This exhibit 

requires applicants to submit a 

spreadsheet that specifically identifies 

the proposed activity(ies) and their 

anticipated cost. The recommended 

format is as follows: 

Column 1—Clearly identify each 

eligible pre-development activity being 

proposed by the applicant. 

Column 2—Identify the anticipated 

cost for each activity. 

The spreadsheet must identify the 

total pre-development funding 

assistance being proposed in the 

application. 

5. * Project Development Schedule. 

This exhibit should include a detailed 

development schedule which identifies 

the pre-development activities being 

proposed, their projected start and 

completion dates, the projected 

completion date for all pre-development 

planning activities, and a brief narrative 

describing the applicant’s plan for 

monitoring this schedule of activities 

and addressing delays should they 

occur. All projected development 

schedules must clearly demonstrate the 

applicant’s ability to move its approved 

FY2008 Section 202 elderly housing 

project from Fund Reservation to Initial 

Closing within 18 months of grant 

approval and must provide a statement 

addressing how access to predevelopment funding will assist the 

applicant in moving its FY2008 Section 

202 elderly housing project to Initial 

Closing within 18 months of Fund 

Reservation approval. The completion 

of the Logic Model (form HUD–96010) 

will assist you in responding to this 

exhibit. 

6. Program Outcome Logic Model 

(HUD–96010). The Logic Model is 

representative of this Section 202 

Demonstration Pre-Development Grant 

program proposal and it serves as the 

‘‘executive summary’’ for this grant 

request. Applicants must ensure that 

their Logic Model accurately represents 

the purpose of the funding request and 

the expected impact on the 

development process. 

7. Third Party Documentation 

Facsimile Transmittal (‘‘Facsimile 

Transmittal Form’’ on Grants.gov) 

(HUD–96011). This form must be used 

as part of the electronic application to 

transmit third party documents and 

other information as described in the 

General Section of the SuperNOFA (if 

applicable). 

8. Acknowledgment of Application 

Receipt (HUD–2993). This is not 

required for applications submitted 

electronically. 

9. Client Comments and Suggestions 

(HUD–2994). This is optional. 

If changes have been made to any of 

the forms that were submitted under the 

FY2008 Section 202 NOFA, HUD 

requires that the updated form(s) be 

resubmitted under this Demonstration 

Pre-Development Grant NOFA. 

10. SF–424 Supplement, Survey for 

Ensuring Equal Opportunity for 

Applicants (‘‘Faith Based EEO Survey 

(SF–424 SUPP)’’ on Grants.gov). 

11. SF-LLL, Disclosure of Lobbying 

Activities, if applicable. 

C. Submission Dates and Times. Your 

application must be received and 

validated electronically by Grants.gov 

no later than 11:59:59 p.m. eastern time 

by the application deadline date, unless 

a waiver of the electronic delivery 

process has been approved by HUD. 

Please refer to the General Section of the 

FY2008 SuperNOFA and Section IV.F. 

below for instructions on applying for a 

waiver. If a waiver is granted, HUD must 

receive an original and four copies of 

your application on December 9, 2008. 

The notification approving your waiver 

request will provide submission 

instructions. Paper applications must be 

received by the deadline date. 

D. Intergovernmental Review. This 

funding opportunity is subject to 

Executive Order (EO) 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ You must contact your 

State’s Single Point of Contact (SPOC) to 

find out about and comply with the 

state’s process under EO 12372. The 

names and addresses of the SPOCs are 

listed in the Office of Management and 

Budget’s home page at http:// 

www.whitehouse.gov/omb/grants/ 

spoc.html. If required by the state, the 

submission to the state needs to occur 

no later than the application deadline 

date. HUD recommends that you 

provide the state with sufficient time to 

review the application. Therefore, it is 

important that you consult with the 

SPOC for State review timeframes and 

take that into account when submitting 

the application. 

E. Funding Restrictions 

1. Eligible Activities. Section 202 

Demonstration Pre-Development Grant 

program funds must be used exclusively 

to facilitate planning, design, and predevelopment activities for projects 

funded under the FY2008 SuperNOFA 

for the Section 202 Supportive Housing 

for the Elderly program. Such activities 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60315 

include architectural and engineering 

work, site control planning, and other 

planning activities related to the 

development of a multifamily housing 

project funded under the FY2008 

Section 202 Supportive Housing for the 

Elderly program. Grantees may not use 

funds for land acquisition, leasing, new 

construction, or property rehabilitation, 

alteration, demolition, or disposition. 

a. All expenses related to eligible 

activities must be limited to those actual 

costs that are incurred prior to initial 

closing and be otherwise eligible 

activities under the Section 202 

program. Activities that are eligible for 

funding include the following: 

(1) Appraisals. The applicant’s cost 

for obtaining an appraisal to establish 

the fair market value of the proposed 

site completed by a qualified and 

licensed appraiser. 

(2) Architect Services. The design fees 

charged by licensed architectural/ 

engineering firms for architectural 

services regarding the applicant’s 

project. 

(3) Engineering Services. Actual cost 

of boundary survey, topographic survey, 

soil borings and tests. 

(4) Environmental Site Assessment. 

Actual cost incurred for the 

environmental site assessment, i.e., 

Phase I and Phase II. 

(5) Consultant Services. Up to 20 

percent of the total amount of the 

contract between the applicant and its 

consultant for services related to the 

development and submission of an 

approvable Section 202 Fund 

Reservation Application. 

(6) Cost Analysis. The cost of the 

contract between the applicant and a 

professional with experience in cost 

estimation, for an independent cost 

estimate needed to determine the 

viability of a proposed project as 

required for firm commitment 

processing under the Section 202 

program. 

(7) Legal Fees. The cost for legal 

services and title binder fees. 

(8) Site Control. The applicant’s cost 

for extending the time for site control of 

the original site, including option costs 

necessary to extend the option 

agreement for up to 18 months, to the 

closing target date. The proceeds of this 

grant may not be used for site 

acquisition. 

(9) Market Studies. The applicant’s 

cost for a study completed by a 

qualified, independent, third party, 

market research firm for purposes of 

examining the need for and verifying 

the marketability of the proposed 

project. 

(10) Organizational Expenses. The 

actual cost related to the creation of an 

owner entity for the proposed project 

pursuant to Section 202 program 

regulations. 

(11) Impact Fees. One-time fees local 

governments charge Sponsor/Owners to 

offset the impact such housing will have 

on the community. (Typical impact fees 

are traffic, solid waste, sewer, water, 

electric, gas, police protection, and fire 

protection). 

(12) Relocation Expenses. If the 

project involves displacement of site 

occupants who are eligible for 

relocation assistance, indicate the total 

estimated cost. 

(13) Building Permits and Variance 

Fees. The cost of obtaining building 

permits and variances. 

2. Ineligible Activities. No proposed 

activity that is deemed to be ineligible 

will be funded from the Demonstration 

Pre-Development Grant funds. 

a. Section 202 Demonstration PreDevelopment Grant program funds may 

not be used for the following: 

(1) To acquire sites or other real 

property, to fund organizational 

overhead and/or operating expenses, for 

staff salaries, or to fund any planning 

activity that is otherwise ineligible for 

assistance under the Section 202 

Supportive Housing for the Elderly 

program. 

(2) To meet Minimum Capital 

Investment (MCI) requirements for the 

Section 202 program. 

(3) To meet Performance/Payment 

Bonds (dual obligee). 

(4) To pay taxes and interest. 

(5) To pay bond premium, builder’s 

risk, liability insurance, fidelity bond 

insurance, performance bond insurance, 

cash bond, and insurance premiums. 

b. In the event that funding awarded 

under this program is utilized for 

activities or purposes that have not been 

approved by HUD, the Department will 

seek repayment or any other available 

remedies. 

3. Applicants submitting proposals 

involving mixed-financing for 

additional units are not eligible to be 

considered for pre-development funding 

under this NOFA. 

F. Other Submission Requirements 

Application Submission and Receipt 

Procedures. This section provides the 

application submission and receipt 

instructions for HUD program 

applications. Refer to the General 

Section for specific procedures for 

additional information on application 

submission requirements. 

1. Electronic Delivery. Demonstration 

Pre-Development Grant applicants must 

submit their applications electronically 

through http://www.grants.gov/ 

applicants/apply_for_grants.jsp, unless 

a waiver is granted. Please be advised 

that Grants.gov will not accept 

Microsoft Vista or Microsoft 2007 

operating systems. Applicants must use 

Microsoft Windows XP versions 2003 

and below, or your application will not 

be accepted. 

a. The http://www.grants.gov/ 

applicants/apply_for_grants.jsp Web 

site offers a simple, unified application 

process. Submission requires an 

authenticated signature and registration 

at Grants.gov. There are five steps to 

complete the registration process and 

information is available at the 

www.grants.gov Web site. Applicants 

should carefully read HUD’s Federal 

Register Notice on Early Registration 

published on March 10, 2008 (73 FR 

12751), and start the Grants.gov 

registration process immediately upon 

publication of this NOFA. The 

registration process can take several 

weeks to complete. 

b. In addition, applicants should 

carefully read the General Section, the 

Introduction to the FY2008 SuperNOFA 

and the FY2008 SuperNOFA 

SUPPLEMENTARY INFORMATION. 

These notices alert applicants to a 

recent change in the registration process 

with the Central Contractor Registry 

(CCR). As of August 1, 2006, CCR 

registrants will not be able to enter or 

modify their name and address 

information, because it will be prepopulated using Dun and Bradstreet 

(D&B) Data Universal Numbering 

System (DUNS) record data. During a 

new registration or when updating a 

record, CCR registrants will have a 

choice to accept or reject the 

information provided from D&B. If the 

CCR registrant agrees with the D&B 

supplied information, the D&B data will 

be accepted into the CCR registrant 

record. If the CCR registrant disagrees 

with the D&B supplied information, the 

registrant will need to go to the D&B 

Web site, http://fedgov.dnb.com/ 

webform, to modify the information 

contained in the D&B record before 

proceeding with its CCR registration. 

See further details in the above 

referenced FR Notice. 

2. Instructions on how to submit an 

electronic application to HUD via 

grants.gov/Apply are contained in 

section IV.F. of the General Section. 

Also, Grants.gov has a full set of 

instructions on how to apply for funds 

on its Web site at http:// 

www.grants.gov/applicants/ 

apply_for_grants.jsp. In addition, HUD 

has published a Desktop User Guide for 

Submitting Electronic Grant 

Applications which is available on 

HUD’s Web site at http://www.hud.gov/ 

utilities/intercept.cfm?/offices/adm/ 

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grants/deskuserguide.pdf. The guide 

contains screen shots and detailed 

instructions. Applicants are encouraged 

to read all sources of instructions 

carefully. 

3. Waiver of Electronic Submission 

Requirement. HUD will only accept 

electronic applications submitted 

through http://www.grants.gov/ 

applicants/apply_for_grants.jsp unless 

the applicant has received a waiver. 

Applicants that are unable to submit 

their application electronically must 

seek a waiver of the electronic grant 

submission requirement. Waiver 

requests must be submitted no later than 

15 days before the application deadline 

date. Waiver requests must be submitted 

by mail or by fax. For this Program 

NOFA, e-mail requests will not be 

considered. Waiver requests submitted 

by mail or fax should be submitted on 

the applicant’s letterhead and signed by 

an official with the legal authority to 

request a waiver from the Department. 

The request must be addressed to the 

Assistant Secretary for Housing at the 

following address: Brian D. 

Montgomery, Assistant Secretary for 

Housing-Federal Housing 

Commissioner, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 9100, Washington, 

DC 20410–8000. Waiver requests 

submitted by fax must be sent to (202) 

708–3104. If a waiver is granted, you 

must submit the required number of 

copies of your application to the 

Director of the appropriate local HUD 

office, and the application must be 

received no later than that HUD office’s 

close of business on the application 

deadline date. The waiver approval 

notification will identify the appropriate 

HUD office where the application 

should be submitted and the required 

number of copies that must be 

submitted. 

4. Proof of Timely Submission. 

Applicants must submit their 

applications to http://www.grants.gov/ 

applicants/apply_for_grants.jsp in time 

for receipt and validation at Grants.gov 

by 11:59:59 p.m. Eastern time on the 

application deadline date. Validation 

can take 24–48 hours so applicants 

should submit with ample time for the 

process to be completed. Applicants are 

also advised to submit 72 hours in 

advance of the deadline so that they 

have sufficient time to correct any 

deficiencies that would prevent the 

acceptance of your application by 

Grants.gov. (Refer to the General Section 

for specific procedures regarding proof 

of timely submission of applications.) 

5. Address for Submitting 

Applications. Applications must be 

submitted electronically through the 

http://www.grants.gov/applicants/ 

apply_for_grants.jsp, unless the 

applicant receives a waiver from the 

electronic application submission 

requirement. See section IV of the 

General Section, ‘‘Application 

Submission and Receipt Procedures,’’ 

for information on applying online. 

The applications submitted 

electronically via http:// 

www.grants.gov/applicants/ 

apply_for_grants.jsp will be 

electronically downloaded and 

forwarded to the appropriate local HUD 

office. 

V. Application Review Information 

A. Criteria 

HUD Headquarters will select 

applications for the Section 202 

Demonstration Pre-Development Grant 

based on the HUD Multifamily Program 

Center’s rating of the respective FY2008 

Section 202 applications. HUD will 

award funding under the following 

process until all available funding has 

been exhausted. 

B. Review and Selection Process 

1. HUD’s application review process 

will include, but is not limited to, an 

eligibility review of each predevelopment planning activity being 

proposed by the applicant, the 

reasonableness of the proposed cost for 

each activity, the reasonableness of the 

applicant’s proposed budget, and the 

ability of project Sponsors to expedite 

the development processing of projects 

from Section 202 Fund Reservation to 

Initial Closing within the 18 month 

timeframe. All activities must be related 

to the development of the Section 202 

housing project selected under the 

FY2008 Section 202 Supportive 

Housing for the Elderly program and be 

otherwise eligible activities under the 

Section 202 program. 

2. Review for Curable Deficiencies. A 

curable deficiency is a missing exhibit 

or portion of an exhibit that will not 

affect the eligibility of the applicant. 

The exhibits identified by asterisk (*) as 

threshold requirements must be dated 

on or before the application deadline 

date. Refer to the General Section of the 

SuperNOFA for additional information 

regarding procedures for corrections to 

deficient applications. HUD will screen 

all applications received by the 

application submission deadline for 

curable deficiencies. The HUD Office 

will notify you in writing if your 

application is missing any of the 

exhibits or portions of exhibits, as listed 

in Section IV.B. of this NOFA. You will 

then be given 14 calendar days from the 

date of the HUD written notification to 

submit the information required to cure 

the noted deficiencies. 

3. Review for Threshold 

Requirements. All applications must 

meet the threshold requirements 

identified in the General Section of the 

FY2008 SuperNOFA and in Section 

IV.B. and Section III.C.2. of this Program 

NOFA. Failure to meet any threshold 

item will render an application 

ineligible for funding consideration. 

Please note that Section III.C.2. of the 

General Section of the FY2008 

SuperNOFA, and the items identified by 

an asterisk (*) as listed in Section IV.B. 

and in Section III.C.2. of this NOFA, are 

also threshold requirements and must 

be dated on or before the application 

deadline date. Failure to satisfy all 

threshold requirements at the time of 

submission will render the application 

in question as non-responsive to this 

NOFA, and the application will be 

subject to no further review. See the 

General Section of the FY2008 

SuperNOFA for additional procedures 

for corrections to deficient applications. 

4. Technical Review. HUD 

Multifamily Field Office staff will 

review applications that passed the 

threshold review for compliance with 

the eligibility criteria set forth in this 

NOFA. However, HUD will not reject 

your application based on technical 

review without notifying you of that 

rejection, the reason(s) for the rejection, 

and providing you with an opportunity 

to appeal. You will have 14 calendar 

days from the date of HUD’s written 

notice to appeal a technical rejection to 

the HUD office. The HUD office will 

make a determination on an appeal 

before making its selection of projects to 

be forwarded to HUD Headquarters. 

HUD Field Office staff will forward to 

Headquarters a listing of eligible 

applications that were received by the 

deadline date, that met all eligibility 

criteria, that proposed reasonable costs 

for eligible activities, and that included 

all technical corrections by the 

designated deadline date. 

5. HUD Headquarters will select 

Section 202 Demonstration PreDevelopment Grant applications based 

on HUD Multifamily Program Centers’ 

rating of the respective FY2008 Section 

202 application, beginning with the 

highest rated application nationwide. 

After this selection, HUD Headquarters 

will select the next highest rated 

application in another Program Center. 

Only one application will be selected 

per Multifamily Program Center. 

However, if there are no approvable 

applications in other Multifamily 

Program Centers, the process will begin 

again with the selection of the next 

highest rated application nationwide. 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60317 

More than one application may be 

selected per HUD Multifamily Program 

Center if there are no other approvable 

applications. 

This process will continue into a 

second and subsequent round(s) until 

all approvable applications are selected 

using the available remaining funds. 

HUD Headquarters will fully fund as 

many applications as allocated funds 

will allow. HUD Headquarters will 

review its selection results to ensure 

that no single entity (including affiliated 

entities) receives grant funding in excess 

of $800,000. Once an organization 

receives its maximum amount of grant 

funding, no other projects from that 

organization will be eligible for 

selection from the succeeding rounds. 

If there is a tie score between two or 

more applications, HUD will select the 

applicant with the highest score in 

Rating Factor 1 of the FY2008 Section 

202 application. If Rating Factor 1 is 

scored identically, the score in Rating 

Factor 2, 3, and 4, of the FY2008 Section 

202 application, will be compared in 

that order, until one of the applications 

receives a higher score. If both 

applications still score the same, then 

the application which requests the least 

funding will be selected. 

6. Adjustments to Funding/Reduction 

of Requested Grant Amount. See 

Section II.D. of this Program NOFA. 

VI. Award Administration Information 

A. Award Notices. Following the 

congressional notification process, HUD 

will issue a press release announcing 

the selection of awards. Once such an 

announcement has been made, 

successful applicants will receive their 

selection letters and grant agreement, 

including an approved Logic Model, via 

regular or overnight mail. The grant 

agreement is the legally binding 

document that establishes a relationship 

between HUD and the award recipient 

organization. Once properly executed, 

funds are obligated, and the 

disbursement of funds is generally 

authorized. 

1. As a condition of receiving a grant 

under this Section 202 Demonstration 

Pre-Development program, Grantees 

must open a separate, non-interest 

bearing account for the receipt and 

handling of these funds. 

2. All applicants that were not 

selected for funding will receive a nonselection letter. 

3. You may request a debriefing on 

your application in accordance with 

section VI.A. of the General Section of 

the FY2008 SuperNOFA. The request 

must be made to the Director of 

Multifamily Housing, in the HUD field 

office that has jurisdiction over the 

housing development identified in your 

application, to which you sent your 

application. 

B. Administrative and National Policy 

Requirements. The Consolidated 

Appropriations Act 2008 (Pub. L. 110– 

161) requires HUD to obligate all 

Section 202 funds appropriated for 

FY2008 by September 30, 2011. Under 

31 U.S.C. 1551, no funds can be 

disbursed from this account after 

September 30, 2016. Under this Section 

202 demonstration predevelopment 

grant program obligation of funds occurs 

upon execution of the Grant Agreement. 

C. Reporting. Grantees must submit 

quarterly updates of the Program 

Outcome Logic Model (form HUD– 

96010) as well as quarterly SF 269, 

Financial Status Reports. In order for 

HUD to evaluate the effectiveness of the 

Demonstration Pre-Development Grant 

program (DPG) funding, each Logic 

Model must indicate the results 

achieved against the proposed output 

goal(s) and proposed outcome(s) which 

were stated in the FY2008 Section 202 

DPG program application and agreed 

upon by HUD. HUD requires that 

funded recipients collect racial and 

ethnic beneficiary data. It has adopted 

the Office of Management and Budget’s 

(OMB) Standards for Collection of 

Racial and Ethnic Data. In view of these 

requirements, you should use form 

HUD–27061, Racial and Ethnic Data 

Reporting Form (and instructions for its 

use) found on http://www.HUDclips.org. 

D. Environmental Requirements. The 

provision of assistance under this NOFA 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321) and not subject to 

compliance action for related 

environmental authorities under 24 CFR 

50.19(b)(1), (3), (5), (8) and (16). 

E. Environmental Impact. This NOFA 

does not direct, provide for assistance or 

loan and mortgage insurance for, or 

otherwise govern or regulate, real 

property acquisition, disposition, 

leasing, rehabilitation, alteration, 

demolition, or new construction, or 

establish, revise or provide for standards 

for construction or construction 

materials, manufactured housing, or 

occupancy. Accordingly, under 24 CFR 

50.19(c)(1), this NOFA is categorically 

excluded from environmental review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321). 

VII. Agency Contacts 

A. For programmatic information you 

may contact the appropriate local HUD 

office, or Denise Taylor-Parker at HUD 

Headquarters at (202) 402–2892, or via 

the Internet at Denise_Taylor-Parker 

@hud.gov. Persons with hearing and 

speech impairments may access the 

above number via TTY by calling the 

toll-free Federal Relay Service at 1–800– 

877–8339. 

B. For technical assistance in 

downloading and submitting an 

application package through http:// 

www.grants.gov/applicants/apply_for_

grants.jsp, contact the Grants.gov Help 

Desk at 1–800–518–GRANTS, or by 

sending an e-mail to 

support@grants.gov. 

VIII. Other Information 

A. Section 102 of the HUD Reform Act, 

Documentation and Public Access 

Requirements. Section 102 of the 

Department of Housing and Urban 

Development Reform Act of 1989 (42 

U.S.C. 3545) (HUD Reform Act) and the 

regulations codified at 24 CFR part 4, 

subpart A, contain a number of 

provisions that are designed to ensure 

greater accountability and integrity in 

the provision of certain types of 

assistance administered by HUD. On 

January 14, 1992, HUD published a 

notice that also provides information on 

the implementation of Section 102 (57 

FR 1942). The documentation, public 

access, and disclosure requirements of 

Section 102 apply to assistance awarded 

under this NOFA as follows: 

1. Documentation. 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 5- 

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 (24 

CFR part 15). 

2. Disclosures. HUD will make 

available to the public for 5 years all 

applicant disclosure reports (form 

HUD–2880) submitted in connection 

with this NOFA. Update reports (also 

reported on form HUD–2880) will be 

made available along with the applicant 

disclosure reports, but in no case for a 

period of less than 3 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 (24 CFR part 15). 

3. Publication of Recipients of HUD 

Funding. HUD will publish a notice in 

the Federal Register to notify the public 

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60318 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

of all decisions made by HUD to 

provide: 

a. Assistance subject to Section 102(a) 

of the HUD Reform Act; and 

b. Assistance provided through grants 

or cooperative agreements on a 

discretionary (non-formula, nondemand) basis, but that is not provided 

on the basis of a competition. 

B. Section 103 of the HUD Reform 

Act. HUD’s regulations implementing 

Section 103 of the Department of 

Housing and Urban Development 

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

codified at 24 CFR part 4, subpart B, 

apply to this funding competition. The 

regulations continue to apply until the 

announcement of the selection of 

successful applicants. HUD employees 

involved in the review of applications 

and in the making of funding decisions 

are prevented by the regulations 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 or employees who have 

ethics-related questions should contact 

the HUD Ethics Law Division at (202) 

708–3815. (This is not a toll-free 

number.) HUD employees who have 

specific program questions should 

contact the appropriate field office 

counsel or Headquarters counsel for the 

program to which the question pertains. 

C. Paperwork Reduction Act 

Statement. The information collection 

requirements contained in this 

document are currently approved by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3520) and 

assigned OMB control number 2502– 

0267. In accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection displays a 

currently valid OMB control number. 

Public reporting burden for the 

collection of information is estimated to 

average 4 hours per annum per 

respondent for the application and grant 

administration. This includes the time 

for collecting, reviewing, and reporting 

the data for the application, semi-annual 

reports and final report. The 

information will be used for grantee 

selection and monitoring the 

administration of funds. Response to 

this request for information is required 

in order to receive the benefits to be 

derived. 

Dated: October 2, 2008. 

Ronald Y. Spraker, 

Acting General Deputy Assistant Secretary 

for Housing. 

[FR Doc. E8–24196 Filed 10–9–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Final Environmental Impact Statement 

and Record of Decision for the 

Proposed Absaloka Mine Crow 

Reservation South Extension Coal 

Lease Approval, Mine Development 

Plan and Related Federal and State 

Permitting Actions, Big Horn County, 

MT 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

that the Bureau of Indian Affairs (BIA) 

and the Montana Department of 

Environmental Quality (MDEQ) as joint 

lead agencies, with the Crow Tribe of 

Indians, the Office of Surface Mining 

Reclamation and Enforcement (OSMRE), 

the Bureau of Land Management (BLM) 

and the U.S. Environmental Protection 

Agency (EPA), as cooperating agencies, 

intend to file a Final Environmental 

Impact Statement (FEIS) with the EPA 

for the proposed extension of the 

existing Absaloka mine onto the Crow 

Indian Reservation and for related 

federal and state permitting actions. 

This notice also announces that the BIA 

will simultaneously issue its Record of 

Decision (ROD) for approval of the 

Westmoreland Resources, Inc. (WRI) 

lease with the Crow Tribe for the South 

Extension coal lease tract on the 

Reservation, and the approval of all 

surface use agreements between WRI 

and the allottee surface owners in the 

South Extension tract. The FEIS and 

ROD are now available for public 

review. 

DATES: The waiting period for the FEIS 

and the appeal period for the ROD end 

on November 10, 2008. Any written 

comments on the FEIS must arrive by 

November 10, 2008. 

ADDRESSES: You may mail or hand carry 

written comments on the FEIS to George 

Gover, Superintendent; Crow Agency, 

P.O. Box 69; Crow Agency, MT. 

Directions on how and where to file 

appeals are included in the ROD. 

You may review the FEIS and ROD at 

BIA, Weaver Avenue, Building 2, Crow 

Agency, MT; BIA, Rocky Mountain 

Regional Office, 316 N. 26th Street 

(Environmental, Cultural and Safety— 

Room 4433), Billings, MT; BLM, 

Montana State Office (Solid Minerals 

Section), 5001 Southgate Drive, Billings, 

MT; EPA, 10 W. 15th Street, Suite 3200, 

Helena, MT; MDEQ, 1520 E. 6th 

Avenue, Helena, MT; the Crow Tribal 

Office, Crow Agency, MT; Big Horn 

County Library, Hardin, MT; or Little 

Bighorn College Library, Crow Agency, 

MT. The documents are also available 

on the Internet at http:// 

www.deq.mt.gov. 

Computer disk copies of the FEIS may 

be obtained by contacting Rick Stefanic, 

Regional Environmental Protection 

Officer, Rocky Mountain Region, at 316 

N. 26th Street, Billings, MT 59101, or at 

the telephone number provided below. 

Copies have been mailed to parties on 

the distribution list and to others who 

commented during the development 

and review process for this EIS. 

FOR FURTHER INFORMATION CONTACT: Rick 

Stefanic, (406) 247–7911. 

SUPPLEMENTARY INFORMATION: WRI has 

operated the Absaloka Mine on the 

existing Tract III Crow Indian coal lease 

in the Crow Ceded Area since 1974. 

WRI proposes to advance surface coal 

mining operations southward onto the 

Crow Reservation pursuant to the terms 

of an agreement with the Crow Tribe 

under the Indian Mineral Development 

Act (IMDA). The legal description for 

the coal acreage on the Reservation is 

generally given as being within T.1S., 

R.37E., Sections 1, 12, 13; and T.1S., 

R.38E., Sections 8, 9, 10, 11, 14, 15, 16, 

17, 20, and 21; Montana Principal 

Meridian. This area totals 3,660.23 acres 

in Big Horn County, Montana. All of the 

minerals are owned by the Crow Tribe. 

The surface estate is owned by the Crow 

Tribe (32%), allotted Indian owners 

(14%), and non-Indian fee owners 

(54%). 

The FEIS analyzes three alternatives, 

the Proposed Action, Alternative One, 

and No Action. Under the Proposed 

Action, the MDEQ and OSMRE would 

approve Absaloka Mine’s proposed 

Tract III Revision. The BIA would 

approve the IMDA lease for the 

proposed South Extension and the 

surface use agreements between the 

allottee surface owners and WRI; and 

OSMRE would approve the mining 

permit for the South Extension. Under 

this alternative, approximately 76.6 

million tons of additional coal would be 

recovered, and the mine life would be 

extended until about 2023. 

Under Alternative One, WRI would 

not implement the South Extension 

development plan on the Crow Indian 

Reservation if the BIA does not approve 

the IMDA lease for the South Extension 

tract. Furthermore, because the South 

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