68026 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

These information collection 

requirements ensure bank compliance 

with applicable Federal law, promote 

bank safety and soundness, provide 

protections for banks, and further public 

policy interests. 

Estimated Number of Respondents: 

48. 

Estimated Number of Responses: 48. 

Estimated Total Annual Burden: 450 

hours. 

The information collection was issued 

for 60 days of comment on August 17, 

2010. 75 FR 50800. No comments were 

received. Comments continue to be 

invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

OCC, including whether the information 

has practical utility; 

(b) The accuracy of the OCC’s 

estimate of the information collection 

burden; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

the collection on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and 

(e) Estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: October 29, 2010. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division, Office of the Comptroller 

of the Currency. 

[FR Doc. 2010–27901 Filed 11–3–10; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Public Debt 

Proposed Collection: Comment 

Request 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A). Currently the Bureau of 

the Public Debt within the Department 

of the Treasury is soliciting comments 

concerning the resolution for 

transactions involving registered 

securities. 

DATES: Written comments should be 

received on or before January 3, 2011, to 

be assured of consideration. 

ADDRESSES: Direct all written comments 

to Bureau of the Public Debt, Robert L. 

Schumacher, 200 Third Street, A4–A, 

Parkersburg, WV 26106–1328, or 

Robert.Schumacher@bpd.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Robert L. 

Schumacher, Bureau of the Public Debt, 

200 Third Street, A4–A, Parkersburg, 

WV 26106–1328, (304) 480–8150. 

SUPPLEMENTARY INFORMATION: 

Title: Resolution For Transactions 

Involving Registered Securities. 

OMB Number: 1535–0117. 

Form Number: PD F 1010. 

Abstract: The information is 

requested to establish the official’s 

authority to act on behalf of the 

organization. 

Current Actions: None. 

Type of Review: Extension. 

Affected Public: Business or other for 

profit. 

Estimated Number of Respondents: 

1,380. 

Estimated Time per Respondent: 10 

minutes. 

Estimated Total Annual Burden 

Hours: 230. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: October 28, 2010. 

Robert L. Schumacher, 

Manager, Information Management Branch. 

[FR Doc. 2010–27863 Filed 11–3–10; 8:45 am] 

BILLING CODE 4810–39–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Native American CDFI Assistance 

(NACA) Program 

Funding Opportunity Title: Notice of 

Funds Availability (NOFA) inviting 

applications for the FY 2011 Funding 

Round of the Native American CDFI 

Assistance (NACA) Program. 

Announcement Type: Announcement 

of funding opportunity. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.020. 

DATES: Applications for Financial 

Assistance (FA) and/or Technical 

Assistance (TA) awards through the FY 

2011 Funding Round of the NACA 

Program must be received by 11:59 p.m., 

Eastern Time (ET), December 22, 2010. 

Executive Summary: Subject to 

funding availability, this NOFA is 

issued in connection with the FY 2011 

Funding Round. The NACA Program is 

administered by the Community 

Development Financial Institutions 

(CDFI) Fund. 

I. Funding Opportunity Description 

A. Through the NACA Program, the 

CDFI Fund provides: (i) FA awards to 

CDFIs that direct at least 50 percent of 

their activities toward serving Native 

American, Alaska Native, and/or Native 

Hawaiians (Native CDFIs). Native CDFIs 

must have Comprehensive Business 

Plans for creating demonstrable 

community development impact 

through the deployment of credit, 

capital, and financial services within 

their respective Target Markets or for 

the expansion into new Investment 

Areas, Low-Income Targeted 

Populations, or Other Targeted 

Populations; and (ii) TA grants to Native 

CDFIs, entities proposing to become 

Native CDFIs, and to Native 

organizations, Tribes, and Tribal 

organizations (Sponsoring Entities) that 

propose to create Native CDFIs, in order 

to build their capacity to meet the 

community development and capital 

access needs of their existing or 

proposed Target Markets and/or to 

become certified Native CDFIs. 

B. The regulations governing the CDFI 

Program are found at 12 CFR part 1805 

(the Regulations) and provide guidance 

on evaluation criteria and other 

requirements of the NACA Program. The 

CDFI Fund encourages Applicants to 

review the Regulations. Detailed 

application content requirements are 

found in the applicable funding 

application and related guidance 

materials. Each capitalized term in this 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68027 

NOFA is more fully defined in the 

Regulations, the application, or the 

guidance materials. 

C. The CDFI Fund reserves the right 

to fund, in whole or in part, any, all, or 

none of the applications submitted in 

response to this NOFA. The CDFI Fund 

reserves the right to re-allocate funds 

from the amount that is anticipated to 

be available under this NOFA to other 

CDFI Fund programs, particularly if the 

CDFI Fund determines that the number 

of awards made under this NOFA is 

fewer than projected. 

II. Award Information 

A. Funding Availability: Through this 

NOFA, and subject to funding 

availability, the CDFI Fund expects that 

it may award approximately $12 million 

in appropriated funds in the FY 2011 

Funding Round. The CDFI Fund 

reserves the right to award in excess of 

$12 million in appropriated funds to 

Applicants in the FY 2011 Funding 

Round, provided that the funds are 

available and the CDFI Fund deems it 

appropriate. 

B. Availability of Funds for the FY 

2011 Funding Round: Funds for the FY 

2011 Funding Round have not yet been 

appropriated. If funds are not 

appropriated for the FY 2011 Funding 

Round, there will not be a FY 2011 

Funding Round. Further, it is possible 

that if funds are appropriated for the FY 

2011 Funding Round, the amount of 

such funds may be greater than or less 

than the amounts set forth above. 

Further, if funds for the FY 2011 

Funding Round are not appropriated, 

entities that are eligible to apply for 

CDFI Program funds and that might 

otherwise have applied for NACA 

Program funds are encouraged to apply 

for funds through the FY 2011 Funding 

Round of the CDFI Program. 

C. Types of Awards: An Applicant 

may submit an application either for: (i) 

A FA award; (ii) a FA award and a TA 

grant; or (iii) a TA-only grant. 

1. FA Awards: FA is intended to 

provide flexible financial support to 

CDFIs so that they may achieve the 

strategies outlined in their 

Comprehensive Business Plans. FA 

awards can be used in the following five 

categories: (i) Financial Products; (ii) 

Financial Services; (iii) Development 

Services; (iv) Loan Loss Reserves, (v) 

Capital Reserves, or other activities/uses 

that support the activities in the 

Applicant’s Comprehensive Business 

Plan; and/or (vi) Operations. For 

purposes of this NOFA, Financial 

Products means loans, grants, equity 

investments, and similar financing 

activities, including the purchase of 

loans originated by certified CDFIs and 

the provision of loan guarantees, in the 

Applicant’s Target Market, or for related 

purposes that the CDFI Fund deems 

appropriate (including administrative 

funds used to carry out Financial 

Products). Financial Services means 

checking and savings accounts, certified 

checks, automated teller machine 

services, deposit taking, remittances, 

safe deposit box services, and other 

similar services (including 

administrative funds used to carry out 

Financial Services). Development 

Services means activities that promote 

community development and are 

integral to the Applicant’s provisions of 

Financial Products and Financial 

Services (including administrative 

funds used to carry out Development 

Services) including, for example, 

financial or credit counseling, housing 

and homeownership counseling (preand post-), self-employment technical 

assistance, entrepreneurship training, 

and financial management skillbuilding. Loan Loss Reserves means 

funds that the Applicant will set aside 

in the form of cash reserves, or through 

accounting-based accrual reserves, to 

cover losses on loans, accounts, and 

notes receivable made in its Target 

Market, or for related purposes that the 

CDFI Fund deems appropriate 

(including administrative funds used to 

carry out Loan Loss Reserves). Capital 

Reserves means funds that the 

Applicant will set aside in the form of 

reserves to support the Applicant’s 

ability to leverage other capital, for such 

purposes as increasing its net assets or 

serving the financing needs of its Target 

Market, or for related purposes that the 

CDFI Fund deems appropriate 

(including administrative funds used to 

carry out Capital Reserves). Operations 

means funds that the Applicant will use 

to carry out its Comprehensive Business 

Plan, and/or for related purposes that 

the CDFI Fund deems appropriate, that 

are not used to carry out or administer 

any of the foregoing eligible FA uses. FA 

awards are most commonly used for an 

Applicant’s Financial Products since FA 

funds can be used to support the 

Applicant’s community development 

lending activities. 

The CDFI Fund may provide FA 

awards in the form of equity 

investments (including, in the case of 

certain Insured Credit Unions, 

secondary capital accounts), grants, 

loans, deposits, credit union shares, or 

any combination thereof. The CDFI 

Fund reserves the right, in its sole 

discretion, to provide a FA award in a 

form and amount other than that which 

the Applicant requests; however, the 

award amount will not exceed the 

Applicant’s award request as stated in 

its application. The CDFI Fund reserves 

the right, in its sole discretion, to 

provide a FA award to an Applicant on 

the condition that the Applicant agrees 

to use a TA grant for specified capacitybuilding purposes, even if the Applicant 

has not requested a TA grant. FA awards 

must be used to support the Applicant’s 

activities; FA awards cannot be used to 

support the activities of, or otherwise be 

‘‘passed through’’ to, third-party entities, 

whether Affiliates, Subsidiaries, or 

others, without the prior written 

permission of the CDFI Fund. 

2. TA Grants: (a) The CDFI Fund 

provides TA awards in the form of 

grants. The CDFI Fund reserves the 

right, in its sole discretion, to provide a 

TA grant for uses and amounts other 

than that which the Applicant requests; 

however, the award amount will not 

exceed the Applicant’s award request as 

stated in its application and the 

applicable budget chart. 

(b) TA grants may be used to address 

a variety of needs including, but not 

limited to, development of strategic 

planning documents (such as strategic 

or capitalization plans), market analyses 

or product feasibility analyses, 

operational policies and procedures, 

curricula for Development Services 

(such as entrepreneurial training, home 

buyer education, financial education or 

training, or borrower credit repair 

training), improvement of underwriting 

and portfolio management, development 

of outreach and training strategies to 

enhance product delivery, operating 

support to expand into a new eligible 

market, and tools that allow the 

Applicant to assess the impact of its 

activities in its community. 

(c) Eligible TA grant uses include, but 

are not limited to: (i) Procuring 

professional services; (ii) acquiring/ 

enhancing technology items, including 

computer hardware, software, and 

Internet connectivity and related 

management information systems; (iii) 

acquiring training for staff, management, 

and/or board members; and (iv) paying 

recurring expenses, including staff 

salary and other key operating expenses, 

that will enhance the capacity of the 

Applicant to serve its Target Market 

and/or to become certified as a Native 

CDFI or to create a Native CDFI. 

Applicants should see the NACA 

application for additional details of each 

eligible use of TA. 

D. Assistance Agreement: Each 

Awardee under this NOFA must execute 

an Assistance Agreement in order to 

receive a disbursement of award 

proceeds by the CDFI Fund. The 

Assistance Agreement contains the 

terms and conditions of the award. For 


jlentini on DSKJ8SOYB1PROD with NOTICES
68028 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

further information, see Section VI.A of 

this NOFA. 

III. Eligibility Information 

A. Eligible Applicants: The 

Regulations specify the eligibility 

requirements that each Applicant must 

meet in order to be eligible to apply for 

assistance under this NOFA. The 

following sets forth additional detail 

and dates that relate to the submission 

of applications under this NOFA: 

1. Applicant Categories: All 

Applicants for FA, FA/TA and TA-only 

awards through this NOFA must meet 

the criteria in Table 1—NACA 

Applicant Criteria. 

TABLE 1—NACA APPLICANT CRITERIA

Applicant type Criteria of applicant Maximum award 

FA, FA/TA ............................ A Certified/Certifiable Native CDFI that meets all other 

eligibility requirements described in this NOFA.

Up to and including $750,000 in FA funds, and up to 

and including $150,000 if TA funds are being requested. 

TA-only ................................. A Certified Native CDFI, a Certifiable Native CDFI, an 

Emerging Native CDFI, or a Sponsoring Entity.

Up to $150,000 for capacity-building activities. 

2. Native CDFI Certification 

Requirements: For purposes of this 

NOFA, eligible FA Applicants include 

Certified Native CDFIs and Certifiable 

Native CDFIs; eligible TA Applicants 

include Certified Native CDFIs, 

Certifiable Native CDFIs, Emerging 

Native CDFIs, and Sponsoring Entities, 

defined as follows: 

(a) Certified Native CDFIs: For 

purposes of this NOFA, a Certified 

Native CDFI is an entity that has 

received official notification from the 

CDFI Fund that it meets all CDFI 

certification requirements as of the date 

of publication of this NOFA, the 

certification of which has not expired 

and that has not been notified by the 

CDFI Fund that its certification has been 

terminated. In cases where the CDFI 

Fund provided Native CDFIs with 

written notification that their 

certifications had been extended, the 

CDFI Fund will consider the extended 

certification date (the later date) to 

determine whether those Native CDFIs 

meet this eligibility requirement. When 

applicable, each such Applicant must 

submit a Certification of Material Events 

form to the CDFI Fund not later than the 

deadline indicated in Section IV. F. 

Application Deadlines. The Certification 

of Material Events form can be found on 

the CDFI Fund’s Web site at http:// 

www.CDFIfund.gov. 

(b) Certifiable Native CDFIs: For 

purposes of this NOFA, a Certifiable 

Native CDFI is an entity from which the 

CDFI Fund has received a complete 

CDFI Certification application no later 

than the deadline indicated in Section 

IV. F—Application Deadlines, 

evidencing that the Applicant meets the 

requirements to be certified as a Native 

CDFI. The CDFI Certification 

application can be found on the CDFI 

Fund’s Web site at http:// 

www.CDFIfund.gov. If the CDFI Fund is 

unable to certify the organization as a 

Native CDFI based on the CDFI 

certification application submitted to 

the CDFI Fund, it is in the sole 

discretion of the CDFI Fund to terminate 

the award commitment. While a 

Certifiable Native CDFI may be 

conditionally selected for a FA award, 

the CDFI Fund will not enter into an 

Assistance Agreement or disburse award 

funds unless and until the CDFI Fund 

has officially certified the organization 

as a Native CDFI. 

(c) Emerging Native CDFIs: For 

purposes of this NOFA, an Emerging 

Native CDFI is an entity that 

demonstrates to the CDFI Fund’s 

satisfaction that it has a reasonable plan 

to be a certified Native CDFI within two 

calendar years after both entities enter 

into an Assistance Agreement or such 

other date selected by the CDFI Fund. 

Emerging Native CDFIs may apply for 

TA grants only and are not eligible to 

apply for FA awards. Each Emerging 

Native CDFI selected to receive a TA 

grant will be required, pursuant to its 

Assistance Agreement with the CDFI 

Fund, to become certified as a Native 

CDFI by a certain date. 

(d) Sponsoring Entities: For the 

purposes of this NOFA, a Sponsoring 

Entity is an entity that proposes to 

create a separate legal entity that will 

become a certified Native CDFI. 

Sponsoring Entities include: (a) A Tribe, 

Tribal entity, Alaska Native Village, 

Village Corporation, Regional 

Corporation, Non-Profit Regional 

Corporation/Association, or Inter-Tribal 

or Inter-Village organization; or (b) an 

organization whose primary mission is 

to serve a Native Community including, 

but not limited to, an Urban Indian 

Center, Tribally Controlled Community 

College, community development 

corporation (CDC), training or education 

organization, or Chamber of Commerce, 

and that primarily serves a Native 

Community (meaning, at least 50 

percent of its activities are directed 

toward the Native Community). 

Sponsoring Entities may only apply for 

TA grants; they are not eligible to apply 

for FA awards. Each Sponsoring Entity 

that is selected to receive a TA grant 

will be required, pursuant to its 

Assistance Agreement with the CDFI 

Fund, to create a legal entity by a certain 

date that will, in turn, seek Native CDFI 

certification and to transfer remaining 

award funds to that Native CDFI upon 

certification. 

3. Limitation on Awards: An 

Applicant may receive only one FA 

award through the FY 2011 Funding 

Round of the CDFI Program or the 

NACA Program. A NACA Program 

Applicant, its Subsidiaries, or Affiliates 

also may apply for and receive a Bank 

Enterprise Award (BEA) Program award, 

provided however that the activities 

approved for BEA Program awards were 

not funded by the proceeds of a NACA 

Program award. A NACA Program 

Applicant, its Subsidiaries, or Affiliates 

also may apply for and receive a tax 

credit allocation through the New 

Markets Tax Credit (NMTC) Program, 

but only to the extent that the activities 

approved for NACA Program awards are 

different from those activities for which 

the Applicant receives a NMTC Program 

allocation. 

B. Prior Awardees: Applicants must 

be aware that success in a prior round 

of any of the CDFI Fund’s programs is 

not indicative of success under this 

NOFA. For purposes of this section, the 

CDFI Fund will consider an Affiliate to 

be any entity that meets the definition 

of Affiliate in the Regulations or an 

entity otherwise identified as an 

Affiliate by the Applicant in its funding 

application under this NOFA. Prior 

Awardees should note the following: 

1. $5 million Funding Cap: Congress 

waived the $5 million funding cap for 

the FY 2009 and FY 2010 Funding 

Rounds, and it is possible that the $5 

million funding cap may be waived for 

the FY 2011 Funding Round as well. As 

of the publication date of this NOFA, 

however, such a waiver has not been 

enacted into law. Accordingly, the CDFI 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68029 

Fund is currently prohibited from 

obligating more than $5 million in 

assistance, in the aggregate, to any one 

organization and its Subsidiaries and 

Affiliates during any three-year period. 

In general, the three-year period extends 

back three years from the date that the 

CDFI Fund signs an award agreement; 

for purposes of this NOFA, and for ease 

of administration, the CDFI Fund will 

consider any assistance documented 

with a Notice of Award or Assistance 

Agreement dated between July 1, 2008 

and July 1, 2011 (which is the 

anticipated date that the CDFI Fund will 

issue assistance agreements for the FY 

2011 Funding Round). However, in light 

of the possibility of a waiver of the $5 

million funding cap, an Applicant who 

is otherwise eligible under this NOFA, 

and is requesting an award amount that 

would cause the Applicant to exceed 

the $5 million funding cap, should 

submit an Application under this 

NOFA. The CDFI Fund will assess 

applicability of the $5 million funding 

cap during the award selection phase 

based upon whether the Congressional 

waiver has been enacted at that time. 

2. Failure to Meet Reporting 

Requirements: The CDFI Fund will not 

consider an application submitted by an 

Applicant if the Applicant, or an 

Affiliate of the Applicant, is a prior 

Awardee or Allocatee under any CDFI 

Fund program and is not current on the 

reporting requirements set forth in a 

previously executed assistance, 

allocation, or award agreement(s), as of 

the applicable application deadline of 

this NOFA. Please note that the CDFI 

Fund only acknowledges the receipt of 

reports that are complete. As such, 

incomplete reports or reports that are 

deficient of required elements will not 

be recognized as having been received. 

3. Pending Resolution of 

Noncompliance: If an Applicant is a 

prior Awardee or Allocatee under any 

CDFI Fund program and if (i) it has 

submitted complete and timely reports 

to the CDFI Fund that demonstrate 

noncompliance with a previous 

assistance, allocation, or award 

agreement, and (ii) the CDFI Fund has 

yet to make a final determination as to 

whether the entity is in default of its 

previous assistance, allocation, or award 

agreement, the CDFI Fund will consider 

the Applicant’s application under this 

NOFA pending full resolution, in the 

sole determination of the CDFI Fund, of 

the noncompliance. Further, if an 

Affiliate of the Applicant is a prior CDFI 

Fund Awardee or Allocatee and if such 

entity (i) has submitted complete and 

timely reports to the CDFI Fund that 

demonstrate noncompliance with a 

previous assistance, allocation, or award 

agreement and (ii) the CDFI Fund has 

yet to make a final determination as to 

whether the entity is in default of its 

previous assistance, allocation, or award 

agreement, the CDFI Fund will consider 

the Applicant’s application under this 

NOFA pending full resolution, in the 

sole determination of the CDFI Fund, of 

the noncompliance. 

4. Default Status: The CDFI Fund will 

not consider an application submitted 

by an Applicant that is a prior Awardee 

or Allocatee under any CDFI Fund 

program if, as of the applicable 

application deadline of this NOFA, the 

CDFI Fund has made a final 

determination that such Applicant is in 

default of a previously executed 

assistance, allocation, or award 

agreement(s). Further, an entity is not 

eligible to apply for an award pursuant 

to this NOFA if, as of the applicable 

application deadline of this NOFA, the 

CDFI Fund has made a final 

determination that an Affiliate of the 

Applicant is a prior Awardee or 

Allocatee under any CDFI Fund 

program and has been determined by 

the CDFI Fund to be in default of a 

previously executed assistance, 

allocation, or award agreement(s). Such 

entities will be ineligible to apply for an 

award pursuant to this NOFA so long as 

the Applicant’s, or its Affiliate’s, prior 

award or allocation remains in default 

status or such other time period as 

specified by the CDFI Fund in writing. 

5. Termination in Default: The CDFI 

Fund will not consider an application 

submitted by an Applicant that is a 

prior Awardee or Allocatee under any 

CDFI Fund program if (i) within the 

12-month period prior to the applicable 

application deadline of this NOFA, the 

CDFI Fund has made a final 

determination that such Applicant‘s 

prior award or allocation terminated in 

default of a previously executed 

assistance, allocation, or award 

agreement(s), and (ii) the final reporting 

period end date for the applicable 

terminated assistance, allocation, or 

award agreement(s) falls within the 

12-month period prior to the application 

deadline of this NOFA. Further, an 

entity is not eligible to apply for an 

award pursuant to this NOFA if (i) 

within the 12-month period prior to the 

applicable application deadline, the 

CDFI Fund has made a final 

determination that an Affiliate of the 

Applicant is a prior Awardee or 

Allocatee under any CDFI Fund 

program whose award or allocation 

terminated in default of a previously 

executed assistance, allocation, or 

award agreement(s), and (ii) the final 

reporting period end date for the 

applicable terminated assistance, 

allocation, or award agreement(s) falls 

within the 12-month period prior to the 

application deadline of this NOFA. 

6. Undisbursed Award Funds: The 

CDFI Fund will not consider an 

Applicant’s application if the Applicant 

or an Affiliate of the Applicant is a prior 

Awardee under any CDFI Fund program 

and has undisbursed award funds (as 

defined below) as of this NOFA’s 

application deadline. The Fund will 

include the combined undisbursed prior 

awards, as of this NOFAs application 

deadline, of the Applicant and affiliated 

entities, including those in which the 

affiliated entity Controls the Applicant, 

is Controlled by the Applicant, or shares 

common management officials with the 

Applicant as determined by the Fund. 

Undisbursed BEA Program award 

funds will be included in the 

calculation of undisbursed awards for 

the Applicant (and any Affiliates) from 

three to five calendar years prior to the 

end of the calendar year of this NOFA’s 

application deadline. Thus, for purposes 

of this NOFA, undisbursed awards 

made in FYs 2005, 2006, and 2007 will 

be included in the calculation for the 

Applicant’s undisbursed award amounts 

if the funds have not been disbursed as 

of this NOFA’s application deadline. 

Undisbursed funds for the CDFI and 

NACA Programs will be calculated by 

adding all undisbursed award amounts 

made to the Applicant (and any 

Affiliates) two to five calendar years 

prior to the end of the calendar year of 

this NOFA. Therefore, undisbursed 

CDFI Program and NACA awards made 

in FYs 2005, 2006, 2007, and 2008 will 

be included in the undisbursed 

calculation as of this NOFA’s 

application deadline. 

Undisbursed awards can not exceed 

five percent of the total includable 

awards for the Applicant’s BEA/CDFI/ 

NACA awards, as of this NOFA’s 

application deadline. (The total 

‘‘includable’’ award amount is the total 

award amount from the relevant Fund 

program.) Please refer to an example of 

this calculation on the Fund’s Web site, 

found in the Q&A document for the FY 

2011 Funding Round. 

The ‘‘undisbursed award funds’’ 

calculation does not include: (i) Tax 

credit allocation authority made 

available through the NMTC Program; 

(ii) award funds the Awardee has 

requested from the Fund by submitting 

a full and complete disbursement 

request before this NOFA’s application 

deadline; (iii) award funds for an award 

that the Fund has terminated or deobligated; or (iv) award funds for an 

award that does not have a fully 

executed assistance or award agreement. 

The Fund encourages Applicants to 


jlentini on DSKJ8SOYB1PROD with NOTICES
68030 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

request their undisbursed funds from 

the Fund at least 10 business days prior 

to this NOFA’s application deadline. 

7. Contact the CDFI Fund: Applicants 

that are prior CDFI Fund Awardees are 

advised to: (i) Comply with 

requirements specified in assistance, 

allocation, and/or award agreement(s), 

and (ii) contact the CDFI Fund to ensure 

that all necessary actions are underway 

for the disbursement or deobligation of 

any outstanding balance of said prior 

award(s). An Applicant that is unsure 

about the disbursement status of any 

prior award should contact the CDFI 

Fund via e-mail at 

CDFI.disburseinquiries@cdfi.treas.gov. 

C. Matching Funds: Congress waived 

the matching funds requirements for the 

FY 2009 and the FY 2010 Funding 

Rounds, and it is possible that the 

matching funds requirements may be 

waived for the FY 2011 Funding Round 

as well. As of the publication date of 

this NOFA, however, such a waiver has 

not been enacted into law. Accordingly, 

the CDFI Fund encourages Applicants to 

include matching funds documentation 

as instructed in the application; if the 

matching funds waiver is enacted, the 

CDFI Fund will not consider matching 

funds documentation. An Applicant 

that does not include matching funds 

documentation in its application runs 

the risk of being determined to be 

ineligible for funding under the FY 2011 

Funding Round if said matching funds 

waiver is not enacted. In light of the 

possibility of a waiver of the matching 

funds requirements, an Applicant who 

would not satisfy the matching funds 

requirements but is otherwise eligible 

under this NOFA should submit an 

application under this NOFA. The CDFI 

Fund will assess applicability of the 

matching funds requirements during the 

award selection phase based upon 

whether the Congressional waiver has 

been enacted at that time. 

Accordingly, subject to the 

immediately preceding paragraph: 

1. Applicants responding to this 

NOFA must obtain non-Federal 

matching funds from sources other than 

the Federal government on the basis of 

not less than one dollar for each dollar 

of FA funds provided by the CDFI Fund 

(matching funds are not required for TA 

grants). Matching funds must be at least 

comparable in form and value to the FA 

provided by the CDFI Fund. For 

example, if an Applicant is requesting a 

FA award from the CDFI Fund, the 

Applicant must show that it has 

obtained matching funds through 

commitment(s) from non-Federal 

sources that are at least equal to the 

amount requested from the CDFI Fund. 

Applicants cannot use matching funds 

from a prior FA award under the NACA 

or CDFI Program or under another 

Federal grant or award program to 

satisfy the matching funds requirement 

of this NOFA. If an Applicant seeks to 

use as matching funds monies received 

from an organization that was a prior 

Awardee under the NACA or CDFI 

Program, the CDFI Fund will deem such 

funds to be Federal funds, unless the 

funding entity establishes to the 

reasonable satisfaction of the CDFI Fund 

that such funds do not consist, in whole 

or in part, of NACA or CDFI Program 

funds or other Federal funds. For the 

purposes of this NOFA, BEA Program 

awards may not be used as matching 

funds. The CDFI Fund encourages 

Applicants to review the Regulations at 

12 CFR 1805.500 et seq. and matching 

funds guidance materials on the CDFI 

Fund’s Web site for further information. 

2. Due to funding constraints and the 

desire to quickly deploy CDFI Fund 

dollars, the CDFI Fund will not consider 

for a FA award any Applicant that has 

no matching funds in-hand or firmly 

committed as of the application 

deadline of this NOFA. An Applicant 

for a FA award must demonstrate that 

it has eligible matching funds equal to 

no less than 25 percent of the amount 

of the FA award requested in-hand or 

firmly committed, on or after January 1, 

2009, and on or before the application 

deadline. The CDFI Fund reserves the 

right to rescind all or a portion of a FA 

award and re-allocate the rescinded 

award amount to other qualified 

Applicant(s), if an Applicant fails to 

obtain in-hand 100 percent of the 

required matching funds by March 14, 

2012 (with required documentation of 

such receipt received by the CDFI Fund 

not later than March 31, 2012), or to 

grant an extension of such matching 

funds deadline for specific Applicants 

selected to receive FA awards, if the 

CDFI Fund deems it appropriate. For 

any Applicant that demonstrates that it 

has less than 100 percent of matching 

funds in-hand or firmly committed as of 

the application deadline, the CDFI Fund 

will evaluate the Applicant’s ability to 

raise the remaining matching funds by 

March 14, 2012. 

3. Matching Funds Terms Defined; 

Required Documentation. (a) ‘‘Matching 

funds in-hand’’ means the Applicant has 

actually received the matching funds. If 

the matching funds are ‘‘in-hand,’’ the 

Applicant must provide the CDFI Fund 

with acceptable written documentation 

of the source, form, and amount of the 

matching funds (i.e., grant, loan, 

deposit, and equity investment). For a 

loan, the Applicant must provide the 

CDFI Fund with a copy of the loan 

agreement and promissory note. For a 

grant, the Applicant must provide the 

CDFI Fund with a copy of the grant 

letter or agreement for all grants of 

$50,000 or more. For an equity 

investment, the Applicant must provide 

the CDFI Fund with a copy of the stock 

certificate and any related shareholder 

agreement. Further, if the matching 

funds are ‘‘in-hand’’, the Applicant must 

provide the CDFI Fund with acceptable 

documentation that evidences its receipt 

of the matching funds proceeds, such as 

a copy of a check or a wire transfer 

statement. 

(b) ‘‘Firmly committed matching 

funds’’ means the Applicant has entered 

into or received a legally binding 

commitment from the matching funds 

source that the matching funds will be 

disbursed to the Applicant. If the 

matching funds are ‘‘firmly committed,’’ 

the Applicant must provide the CDFI 

Fund with acceptable written 

documentation to evidence the source, 

form, and amount of the firm 

commitment (and, in the case of a loan, 

the terms thereof), as well as the 

anticipated date of disbursement of the 

committed funds. 

4. The CDFI Fund may contact the 

matching funds source to discuss the 

matching funds and the documentation 

provided by the Applicant. If the CDFI 

Fund determines that any portion of the 

Applicant’s matching funds is ineligible 

under this NOFA, the CDFI Fund, in its 

sole discretion, may permit the 

Applicant to offer alternative matching 

funds as a substitute for the ineligible 

matching funds; provided, however, 

that (i) the Applicant must provide 

acceptable alternative matching funds 

documentation within two business 

days of the CDFI Fund’s request and (ii) 

the alternative matching funds 

documentation cannot increase the total 

amount of Financial Assistance 

requested by the Applicant. 

5. Special Rule for Insured Credit 

Unions: The Regulations allow an 

Insured Credit Union to use retained 

earnings to serve as matching funds for 

a FA grant in an amount equal to: 

(i) The increase in retained earnings that 

has occurred over the Applicant’s most 

recent fiscal year; (ii) the annual average 

of such increases that has occurred over 

the Applicant’s three most recent fiscal 

years; or (iii) the entire retained 

earnings that have been accumulated 

since the inception of the Applicant, as 

provided in the Regulations. For 

purposes of this NOFA, if option (iii) is 

used, the Applicant must increase its 

member and/or non-member shares or 

total loans outstanding by an amount 

that is equal to the amount of retained 

earnings that is committed as matching 

funds. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68031 

This amount must be raised by the 

end of the Awardee’s second 

performance period, as set forth in its 

Assistance Agreement, and will be 

based on amounts reported in the 

Applicant’s Audited or Reviewed 

Financial Statements or NCUA Form 

5300 Call Report. The CDFI Fund will 

assess the likelihood of this increase 

during the application review process. 

An award will not be made to any 

Applicant that has not demonstrated 

that it has increased shares or loans by 

at least 25 percent of the requested FA 

award amount between December 31, 

2009 and December 31, 2010, as 

demonstrated by the corresponding 

NCUA report. 

IV. Application and Submission 

Information 

A. MyCDFIFund Accounts: All 

Applicants must register user and 

organization accounts in myCDFIFund, 

the CDFI Fund’s Internet-based 

interface. An Applicant must be 

registered as both a user and an 

organization in myCDFIFund as of the 

applicable application deadline in order 

to be considered to have submitted a 

complete application. As myCDFIFund 

is the CDFI Fund’s primary means of 

communication with Applicants and 

Awardees, organizations must make 

sure that they update the contact 

information in their myCDFIFund 

accounts before the applicable 

application deadline. For more 

information on myCDFIFund, please see 

the ‘‘Frequently Asked Questions’’ link 

posted at https://www.cdfifund.gov/ 

myCDFI/Help/Help.asp. 

B. Form of Application Submission: 

Applicants must submit applications 

under this NOFA electronically. 

Applications sent by email, mail, 

facsimile, or other forms will not be 

accepted except in circumstances the 

CDFI Fund approves beforehand. 

C. Applications Submitted via 

Grants.gov: For the FY 2011 Funding 

Round, in compliance with Public Law 

106–107 and Section 5(a) of the Federal 

Financial Assistance Management 

Improvement Act of 1999, the CDFI 

Fund is accepting applications 

submitted through the Grants.gov 

electronic system. Applicants are 

encouraged to start the registration 

process upon review of the NOFA at 

http://www.Grants.gov. The process may 

take several weeks to fully complete. 

See the following link for information 

on getting started on Grants.gov: 

http://grants.gov/assets/ 

GrantsgovCoBrandBrochure8X11.pdf. 

Please note that the CDFI Fund will not 

accept applications through 

myCDFIFund. 

D. Application Content Requirements: 

Detailed application content 

requirements, including the required 

elements of the Comprehensive 

Business Plan, are found in the 

application and guidance. Each 

Applicant must provide, as part of its 

application submission, a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number pursuant to 

OMB guidance (68 FR 38402). In 

addition, each application must include 

a valid and current Employer 

Identification Number (EIN). An 

electronic application that does not 

include an EIN is incomplete and 

cannot be transmitted to the CDFI Fund 

through Grants.gov. Applicants should 

allow sufficient time for the Internal 

Revenue Service (IRS) and/or Dun and 

Bradstreet to respond to inquiries and/ 

or requests for identification numbers. 

Once an application is submitted, the 

Applicant will not be allowed to change 

any element of the application. The 

preceding sentences do not limit the 

CDFI Fund’s ability to contact an 

Applicant for the purpose of obtaining 

clarifying or confirming application 

information. 

E. Under the Paperwork Reduction 

Act (44 U.S.C. chapter 35), an agency 

may not conduct or sponsor a collection 

of information, and an individual is not 

required to respond to a collection of 

information, unless it displays a valid 

OMB control number. Pursuant to the 

Paperwork Reduction Act, the 

application has been assigned the 

following control number: 1559–0025. 

F. Application Deadlines: 1. The 

following are the deadlines for 

submission of the NACA Program 

Funding Application, the CDFI 

Certification Application, and the 

Certification of Material Events form: 

TABLE 2—FY 2011 NACA PROGRAM DEADLINES

[All eastern time deadlines] 

Document Must be received by: Deadlines for contacting CDFI Fund staff 

CDFI Certification Application ............................... Thursday, December 2, 2010 by 5 p.m ............... Wednesday, December 1, 2010 by 5 p.m. 

Certification of Material Events Form ................... Thursday, December 2, 2010 by 5 p.m ............... Wednesday, December 1, 2010 by 5 p.m. 

NACA Program Funding Application .................... Wednesday, December 22, 2010 by 11:59 p.m .. Monday, December 20, 2010 by 11:59 

p.m. 

2. Late Delivery: The CDFI Fund will 

neither accept a late application nor any 

portion of an application that is late; an 

application that is late, or for which any 

portion is late, will be rejected. The 

CDFI Fund will not grant exceptions or 

waivers. Any application that is deemed 

ineligible will not be returned to the 

Applicant. 

G. Intergovernmental Review: Not 

applicable. 

H. Funding Restrictions: For 

allowable uses of FA proceeds, please 

see the Regulations at 12 CFR 1805.301. 

V. Application Review Information 

A. Format: Funding applications must 

be single-spaced and use a 12-point font 

with 1-inch margins. Each section in the 

application that is scored has page 

limitations. Applicants are encouraged 

to read each section carefully and to 

remain within the page limitations for 

each section. The CDFI Fund will not 

consider responses beyond the specified 

page limitation in each section. Also, 

the CDFI Fund will read only 

information requested in the application 

and will not read attachments that have 

not been specifically requested in this 

NOFA or the application, such as the 

Applicant’s five-year strategic or 

marketing plans. 

B. Criteria: The CDFI Fund will 

evaluate each application on a 100-point 

scale using numeric scores with respect 

to the five sections required in the 

application. The CDFI Fund will score 

each section as indicated in the 

following table: 

TABLE 3—APPLICATION SCORING

CRITERIA

Application sections Scoring 

points 

Market Analysis ............................ 25 

Business Strategy ......................... 25 

Community Development Performance & Effective Use ......... 20 

Management ................................. 20 

Financial Health & Viability ........... 10 


jlentini on DSKJ8SOYB1PROD with NOTICES
68032 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

C. Technical Assistance Proposal: 

Any Applicant applying for a TA grant, 

either alone or in conjunction with a 

request for a FA award, must complete 

a Technical Assistance Proposal (TAP) 

as part of its application. The TAP 

consists of a summary of the 

organizational improvements needed to 

achieve the objectives of the 

Comprehensive Business Plan, a budget, 

and a description of the requested goods 

and/or services comprising the TA 

award request. The budget and 

accompanying narrative will be 

evaluated for the eligibility and 

appropriateness of the proposed uses of 

the TA grant (described above). In 

addition, if the Applicant identifies a 

capacity-building need related to any of 

the evaluation criteria above (for 

example, if the Applicant requires a 

market need analysis or a community 

development impact tracking/reporting 

system), the CDFI Fund will assess its 

plan to use the TA grant to address said 

needs. 

1. Non-Certified Applicants: An 

Applicant that is not a Certified Native 

CDFI and that requests TA to address 

certification requirements must explain 

how the requested TA grant will assist 

the Applicant in meeting the 

certification requirements. The CDFI 

Fund will assess the reasonableness of 

the plan to become certified (as 

specified above in Section III, Eligibility 

Information; A.3. Native CDFI 

Certification Requirements), taking into 

account the requested TA. For example, 

if the Applicant does not currently make 

loans and therefore does not meet the 

Financing Entity requirement, it might 

describe how the TA funds will be used 

to hire a consultant to develop 

underwriting policies and procedures to 

support the Applicant’s ability to start 

its lending activity. 

2. Recurring Activities: An Applicant 

that requests a TA grant for recurring 

activities must clearly describe the 

benefit that would accrue to its capacity 

or to its Target Market(s) (such as plans 

for expansion of staff, market, products 

or annual conference attendance) as a 

result of the TA grant. If the Applicant 

is a prior CDFI Fund Awardee, it must 

describe how it has used the prior 

assistance and explain the need for 

additional CDFI Fund dollars over and 

above such prior assistance. 

D. Review and Selection Process: 1. 

Eligibility and Completeness Review: 

The CDFI Fund will review each 

application to determine whether it is 

complete and the Applicant meets the 

eligibility requirements set forth above. 

An incomplete application does not 

meet eligibility requirements and will 

be rejected. Any application that does 

not meet eligibility requirements will 

not be returned to the Applicant. 

2. Substantive Review: If an 

application is determined to be 

complete and the Applicant is 

determined to be eligible, the CDFI 

Fund will conduct the substantive 

review of the application in accordance 

with the criteria and procedures 

described in the Regulations, this 

NOFA, and the application and 

guidance. As part of the review process, 

the CDFI Fund may contact the 

Applicant by telephone, e-mail, mail, or 

through an on-site visit for the sole 

purpose of obtaining clarifying or 

confirming application information 

(such as statements of work, matching 

funds documentation, or DUNS 

numbers for example). After submitting 

its application, the Applicant will not 

be permitted to revise or modify its 

application in any way nor attempt to 

negotiate the terms of an award. If 

contacted for clarifying or confirming 

information, the Applicant must 

respond within the time parameters set 

by the CDFI Fund. 

3. Application Scoring; Ranking: (a) 

Application Scoring: The CDFI Fund 

will evaluate each application on a 

100-point scale, comprising the five 

criteria categories described above, and 

assign numeric scores. An Applicant 

must receive a minimum score in each 

evaluation criteria in order to be 

considered for an award. 

(b) Evaluating Prior Award 

Performance: In the case of an 

Applicant that has previously received 

funding through any CDFI Fund 

program, the CDFI Fund will consider 

and will deduct points for: (i) The 

Applicant’s noncompliance with any 

active award or award that terminated 

in the current calendar year in meeting 

its performance goals and measures, 

reporting deadlines, and other 

requirements set forth in the assistance 

or award agreement(s) with the CDFI 

Fund during the Applicant’s two 

complete fiscal years prior to the 

application deadline of this NOFA; (ii) 

the Applicant’s failure to make timely 

loan payments to the CDFI Fund during 

the Applicant’s two complete fiscal 

years prior to the application deadline 

of this NOFA (if applicable); (iii) 

performance on any prior Assistance 

Agreement as part of the overall 

assessment of the Applicant’s ability to 

carry out its Comprehensive Business 

Plan; and (iv) funds deobligated from a 

FY 2008, 2009, or 2010 FA award (if the 

Applicant is applying for a FA award 

under this NOFA) if (A) the amount of 

deobligated funds is at least $200,000 

and (B) the deobligation occurred 

within the 12 months prior to the 

application deadline under this NOFA. 

Any award deobligations that result in 

a point deduction for an application 

submitted under this NOFA will not be 

counted against future applications for 

FA through the NACA Program. In the 

case of an Applicant that has previously 

received funding through any CDFI 

Fund program, the CDFI Fund will 

consider and may, in its discretion, 

deduct points for those Applicants that 

have in any proceeding instituted 

against the Applicant in, by, or before 

any court, governmental, or 

administrative body or agency received 

a final determination within the last 

three years indicating that the Applicant 

has discriminated on the basis of race, 

color, national origin, disability, age, 

marital status, receipt of income from 

public assistance, religion, or sex. 

(c) Ranking: The CDFI Fund then will 

rank the applications by their scores, 

from highest to lowest. 

4. Award Selection: The CDFI Fund 

will make its final award selections 

based on the rank order of Applicants 

by their scores and the amount of funds 

available. In the case of a tied score(s), 

Applicants will be ranked according to 

each Applicant’s combined scores in the 

Market Analysis, Business Strategy, and 

Community Development Performance 

& Effective Use sections; then the score 

on the Financial Health and Viability 

section; then the score on the 

Management section. In addition, the 

CDFI Fund shall consider the 

institutional and geographic diversity of 

Applicants when making its funding 

decisions. 

5. Insured Native CDFIs: In the case of 

Insured Depository Institutions and 

Insured Credit Unions, the CDFI Fund 

will consider the views of the 

Appropriate Federal Banking Agencies. 

Throughout the award review process, 

the CDFI Fund will consult with the 

Appropriate Federal Banking Agency 

about the Applicant’s financial safety 

and soundness. If the Appropriate 

Federal Banking Agency identifies 

safety and soundness concerns, the 

CDFI Fund will assess whether the 

concerns cause or will cause the 

Applicant to be incapable of 

undertaking the activities for which 

funding has been requested. If it is 

determined the Applicant is incapable 

of meeting its obligations, the CDFI 

Fund reserves the right to deselect the 

Applicant from receiving an award. The 

CDFI Fund also reserves the right to 

require insured NACA Applicants to 

improve safety and soundness 

conditions prior to receiving an award 

disbursement. In addition, the CDFI 

Fund will take into consideration 

Community Reinvestment Act 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68033 

assessments of Insured Depository 

Institutions and/or their Affiliates. 

6. Award Notification: Each Applicant 

will be informed of the CDFI Fund’s 

award decision either through 

notification in the Applicant’s 

myCDFIFund account, via e-mail to the 

Applicant’s Authorized Official 

Representative. This includes 

notification to Applicants who are not 

receiving an award if the decision is 

based on reasons other than 

completeness and eligibility. The CDFI 

Fund will provide feedback in a format 

and within a timeframe depending on 

available resources. 

7. The CDFI Fund reserves the right 

to reject an application if information 

(including administrative errors) comes 

to the attention of the CDFI Fund that 

either adversely affects an Applicant’s 

eligibility for an award, adversely affects 

the CDFI Fund’s evaluation or scoring of 

an application, or indicates fraud or 

mismanagement on the part of an 

Applicant. If the CDFI Fund determines 

that any portion of the application is 

incorrect in any material respect, the 

CDFI Fund reserves the right, in its sole 

discretion, to reject the application. The 

CDFI Fund reserves the right to change 

its eligibility and evaluation criteria and 

procedures, if the CDFI Fund deems it 

appropriate; if said changes materially 

affect the CDFI Fund’s award decisions, 

the CDFI Fund will provide information 

regarding the changes through the CDFI 

Fund’s Web site. There is no right to 

appeal the CDFI Fund’s award 

decisions. The CDFI Fund’s award 

decisions are final. 

VI. Award Administration Information 

A. Assistance Agreement: Each 

Applicant that is selected to receive an 

award under this NOFA must enter into 

an Assistance Agreement with the CDFI 

Fund in order to receive disbursement 

of award proceeds. The Assistance 

Agreement will set forth certain 

required terms and conditions of the 

award, which will include, but not be 

limited to: (i) The amount of the award; 

(ii) the type of award; (iii) the approved 

uses of the award; (iv) the approved 

eligible market to which the funded 

activity must be targeted; (v) 

performance goals and measures; and 

(vi) reporting requirements for all 

Awardees. Applicants should review 

the OMB Guidance: Requirements for 

Federal Funding Accountability and 

Transparency Act Implementation (2 

CFR part 170) to ensure that they have 

processes and systems in place to 

comply with the reporting obligations. 

FA and FA/TA Assistance Agreements 

under this NOFA generally will have 

three-year performance periods; TAonly Assistance Agreements generally 

will have two-year performance periods. 

If prior to entering into an Assistance 

Agreement with the CDFI Fund, 

information (including administrative 

error) comes to the attention of the CDFI 

Fund that either adversely affects the 

Awardee’s eligibility for an award, or 

adversely affects the CDFI Fund’s 

evaluation of the Awardee’s application, 

or indicates fraud or mismanagement on 

the part of the Awardee, the CDFI Fund 

may, in its discretion and without 

advance notice to the Awardee, 

terminate the award or take such other 

actions as it deems appropriate. 

Moreover, if prior to entering into an 

Assistance Agreement with the CDFI 

Fund, the CDFI Fund determines that 

the Awardee or an Affiliate of the 

Awardee is in default of any Assistance 

Agreement previously entered into with 

the CDFI Fund, the CDFI Fund may, in 

its discretion and without advance 

notice to the Awardee, either terminate 

the award or take such other actions as 

it deems appropriate. For purposes of 

this section, the CDFI Fund will 

consider an Affiliate to mean any entity 

that meets the definition of Affiliate in 

the Regulations. The CDFI Fund 

reserves the right, in its sole discretion, 

to rescind an award if the Awardee fails 

to return the Assistance Agreement, 

signed by the Authorized Representative 

of the Awardee, and/or provide the 

CDFI Fund with any other requested 

documentation, within the deadlines set 

by the CDFI Fund. Each Awardee must 

provide the CDFI Fund with a good 

standing certificate (or equivalent 

documentation) from its State (or 

jurisdiction) of incorporation. 

1. Failure to Meet Reporting 

Requirements: If an Awardee or an 

Affiliate of the Awardee is a prior 

Awardee or Allocatee under any CDFI 

Fund program and is not current on the 

reporting requirements set forth in the 

previously executed assistance, 

allocation, or award agreement(s), as of 

the date of the Assistance Agreement, 

the CDFI Fund reserves the right, in its 

sole discretion, to delay entering into an 

Assistance Agreement until said prior 

Awardee or Allocatee is current on the 

reporting requirements in any 

previously executed assistance, 

allocation, or award agreement(s). 

Please note that the CDFI Fund only 

acknowledges the receipt of reports that 

are complete. As such, incomplete 

reports or reports that are deficient of 

required elements will not be 

recognized as having been received. If 

said prior Awardee or Allocatee is 

unable to meet this requirement within 

the timeframe set by the CDFI Fund, the 

CDFI Fund reserves the right, in its sole 

discretion, to terminate and rescind the 

Assistance Agreement and the award 

made under this NOFA. 

2. Pending Resolution of 

Noncompliance: If an Applicant is a 

prior Awardee or Allocatee under any 

CDFI Fund program and if: (i) It has 

submitted complete and timely reports 

to the CDFI Fund that demonstrate 

noncompliance with a previous 

assistance, award, or allocation 

agreement; and (ii) the CDFI Fund has 

yet to make a final determination as to 

whether the entity is in default of its 

previous assistance, award, or allocation 

agreement, the CDFI Fund reserves the 

right, in its sole discretion, to delay 

entering into an Assistance Agreement, 

pending full resolution, in the sole 

determination of the CDFI Fund, of the 

noncompliance. Further, if an Affiliate 

of the Awardee is a prior CDFI Fund 

Awardee or Allocatee and if such entity 

(i) has submitted complete and timely 

reports to the CDFI Fund that 

demonstrate noncompliance with a 

previous assistance, award, or allocation 

agreement, and (ii) the CDFI Fund has 

yet to make a final determination as to 

whether the entity is in default of its 

previous assistance, award, or allocation 

agreement, the CDFI Fund reserves the 

right, in its sole discretion, to delay 

entering into an Assistance Agreement, 

pending full resolution, in the sole 

determination of the CDFI Fund, of the 

noncompliance. If the prior Awardee or 

Allocatee in question is unable to 

satisfactorily resolve the issues of 

noncompliance, in the sole 

determination of the CDFI Fund, the 

CDFI Fund reserves the right, in its sole 

discretion, to terminate and rescind the 

Assistance Agreement and the award 

made under this NOFA. 

3. Default Status: If, at any time prior 

to entering into an Assistance 

Agreement through this NOFA, the 

CDFI Fund has made a final 

determination that an Awardee that is a 

prior Awardee or Allocatee under any 

CDFI Fund program is in default of a 

previously executed assistance, 

allocation, or award agreement(s), the 

CDFI Fund reserves the right, in its sole 

discretion, to delay entering into an 

Assistance Agreement, until said prior 

Awardee or Allocatee has submitted a 

complete and timely report 

demonstrating full compliance with said 

agreement within a timeframe set by the 

CDFI Fund. Further, if at any time prior 

to entering into an Assistance 

Agreement through this NOFA, the 

CDFI Fund has made a final 

determination that an Affiliate of the 

Awardee is a prior Awardee or 

Allocatee under any CDFI Fund 


jlentini on DSKJ8SOYB1PROD with NOTICES
68034 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

program and is in default of a 

previously executed assistance, 

allocation, or award agreement(s), the 

CDFI Fund reserves the right, in its sole 

discretion, to delay entering into an 

Assistance Agreement, until said prior 

Awardee or Allocatee has submitted a 

complete and timely report 

demonstrating full compliance with said 

agreement within a timeframe set by the 

CDFI Fund. If said prior Awardee or 

Allocatee is unable to meet this 

requirement and the CDFI Fund has not 

specified in writing that the prior 

Awardee or Allocatee is otherwise 

eligible to receive an Award under this 

NOFA, the CDFI Fund reserves the 

right, in its sole discretion, to terminate 

and rescind the Assistance Agreement 

and the award made under this NOFA. 

4. Termination in Default: If (i) within 

the 12-month period prior to entering 

into an Assistance Agreement through 

this NOFA, the CDFI Fund has made a 

final determination that an Awardee is 

a prior Awardee or Allocatee under any 

CDFI Fund program whose award or 

allocation was terminated in default of 

such prior agreement, and (ii) the final 

reporting period end date for the 

applicable terminated agreement falls 

within the 12-month period prior to the 

application deadline of this NOFA, the 

CDFI Fund reserves the right, in its sole 

discretion, to delay entering into or 

determine not to enter into an 

Assistance Agreement. Further, if (i) 

within the 12-month period prior to 

entering into an Assistance Agreement 

through this NOFA, the CDFI Fund has 

made a final determination that an 

Affiliate of the Awardee is a prior 

Awardee or Allocatee under any CDFI 

Fund program whose award or 

allocation was terminated in default of 

such prior agreement, and (ii) the final 

reporting period end date for the 

applicable terminated agreement falls 

within the 12-month period prior to the 

application deadline of this NOFA, the 

CDFI Fund reserves the right, in its sole 

discretion, to delay entering into or 

determine not to enter into an 

Assistance Agreement. 

5. Compliance with Federal AntiDiscrimination Laws: If the Awardee has 

previously received funding through 

any CDFI Fund program, and if at any 

time prior to entering into an Assistance 

Agreement through this NOFA, the 

CDFI Fund is made aware of a final 

determination, made within the last 

three years, in any proceeding instituted 

against the Awardee in, by, or before 

any court, governmental, or 

administrative body or agency, 

declaring that the Awardee has 

discriminated on the basis of race, color, 

national origin, disability, age, marital 

status, receipt of income from public 

assistance, religion, or sex, the CDFI 

Fund reserves the right, in its sole 

discretion, to terminate and rescind the 

award made under this NOFA. 

B. Reporting: 1. Reporting 

Requirements: The CDFI Fund will 

collect information, on at least an 

annual basis, from each Awardee 

including, but not limited to, an Annual 

Report that comprises the following 

components: (i) Financial Reports 

(including an OMB A–133 audit, as 

applicable; however Financial Reports 

are not required of Sponsoring Entities); 

(ii) Institution Level Report; (iii) 

Transaction Level Report (for Awardees 

receiving FA awards); (iv) Financial 

Status Report form SF–269/SF–425 (for 

Awardees receiving TA grants); (v) Uses 

of Financial Assistance (for Awardees 

receiving FA awards); (vi) Explanation 

of Noncompliance (as applicable); and 

(vii) such other information as the CDFI 

Fund may require. Each Awardee is 

responsible for the timely and complete 

submission of the Annual Report, even 

if all or a portion of the documents 

actually is completed by another entity 

or signatory to the Assistance 

Agreement. If such other entities or 

signatories are required to provide 

Institution Level Reports, Transaction 

Level Reports, Financial Reports, or 

other documentation that the CDFI 

Fund may require, the Awardee is 

responsible for ensuring that the 

information is submitted timely and 

complete. The CDFI Fund reserves the 

right to contact such additional entities 

or signatories to the Assistance 

Agreement and require that additional 

information and documentation be 

provided. The CDFI Fund will use such 

information to monitor each Awardee’s 

compliance with the requirements set 

forth in the Assistance Agreement and 

to assess the impact of the NACA 

Program. The Institution Level Report 

and the Transaction Level Report must 

be submitted through the CDFI Fund’s 

Web-based data collection system, the 

Community Investment Impact System 

(CIIS). The Financial Reports may be 

submitted through CIIS. All other 

components of the Annual Report may 

be submitted electronically, as directed, 

by the CDFI Fund. The CDFI Fund 

reserves the right, in its sole discretion, 

to modify these reporting requirements 

if it determines it to be appropriate and 

necessary; however, such reporting 

requirements will be modified only after 

notice to Awardees. Furthermore, in 

order to ensure compliance with 

reporting requirements, all Awardees 

will be required to participate in a postaward training session on the CDFI 

Fund’s reporting requirements. 

Awardees who fail to participate in such 

training run the risk of having the award 

rescinded or future applications 

penalized by point deductions. 

2. Accounting: The CDFI Fund will 

require each Awardee that receives FA 

and TA awards through this NOFA to 

account for and track the use of said FA 

and TA awards. This means that for 

every dollar of FA and TA awards 

received from the CDFI Fund, the 

Awardee will be required to inform the 

CDFI Fund of its uses. This will require 

Awardees to establish separate 

administrative and accounting controls, 

subject to the applicable OMB Circulars. 

The CDFI Fund will provide guidance to 

Awardees outlining the format and 

content of the information to be 

provided on an annual basis, outlining 

and describing how the funds were 

used. Each Awardee that receives an 

award must provide the CDFI Fund with 

the required complete and accurate 

Automated Clearinghouse (ACH) form 

for its bank account prior to award 

closing and disbursement. 

VII. Agency Contacts 

A. The CDFI Fund will respond to 

questions and provide support 

concerning this NOFA and the funding 

application between the hours of 9 a.m. 

and 5 p.m. ET, starting the date of the 

publication of this NOFA through three 

business days prior to the application 

deadline. The CDFI Fund will not 

respond to questions or provide support 

concerning the applications that are 

received after 5 p.m. ET on said dates, 

until after the funding application 

deadline. Applications and other 

information regarding the CDFI Fund 

and its programs may be obtained from 

the CDFI Fund’s Web site at http:// 

www.cdfifund.gov. The CDFI Fund will 

post responses on its Web site to 

questions of general applicability 

regarding the NACA Program. 

B. The CDFI Fund’s contact 

information is as follows: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68035 

TABLE 4—CONTACT INFORMATION

Type of question 

Telephone 

number 

(not toll free) * 

E-mail addresses 

NACA Program .......................................................................................................................... 202–622–6355 cdfihelp@cdfi.treas.gov. 

Certification, Compliance Monitoring and Evaluation ................................................................ 202–622–6330 cme@cdfi.treas.gov. 

Information Technology Support ................................................................................................ 202–622–2455 ithelpdesk@cdfi.treas.gov. 

* Fax number for all offices: 202–622–7754. 

C. Information Technology Support: 

People who have visual or mobility 

impairments that prevent them from 

creating a Target Market map using the 

CDFI Fund’s Web site should call (202) 

622–2455 for assistance (this is not a toll 

free number). 

D. Communication with the CDFI 

Fund: The CDFI Fund will use the 

myCDFIFund Internet interface to 

communicate with Applicants and 

Awardees, using the contact information 

maintained in their respective 

myCDFIFund accounts. Therefore, the 

Applicant and any Subsidiaries, 

signatories, and Affiliates must maintain 

accurate contact information (including 

contact person and authorized 

representative, e-mail addresses, fax 

numbers, phone numbers, and office 

addresses) in its myCDFIFund 

account(s). For more information about 

myCDFIFund (which includes 

information about the CDFI Fund’s 

Community Investment Impact System), 

please see the Help documents posted at 

http://www.cdfifund.gov/ciis/ 

accessingciis.pdf. 

VIII. Information Sessions and 

Outreach 

The CDFI Fund may conduct 

webinars or host information sessions 

for organizations interested in applying 

to, or learning about, the CDFI Fund’s 

programs. For further information, 

please visit the CDFI Fund’s Web site at 

http://www.cdfifund.gov. 

Authority: 12 U.S.C. 4703, 4704, 4706, 

4707, 4717; 12 CFR part 1805. 

Dated: October 29, 2010. 

Donna J. Gambrell, 

Director, Community Development Financial 

Institutions Fund. 

[FR Doc. 2010–27802 Filed 11–3–10; 8:45 am] 

BILLING CODE 4810–70–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0708] 

Proposed Information Collection 

(Evidence for Transfer of Entitlement 

of Education Benefits) Activity: 

Comment Request 

AGENCY: Veterans Benefits 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: The Veterans Benefits 

Administration (VBA) is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (PRA) of 

1995, Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of a currently approved 

collection, and allow 60 days for public 

comment in response to the notice. This 

notice solicits comments on information 

needed to transfer a servicemember’s 

educational assistance benefits to his or 

her dependents. 

DATES: Written comments and 

recommendations on the proposed 

collection of information should be 

received on or before January 3, 2011. 

ADDRESSES: Submit written comments 

on the collection of information through 

Federal Docket Management System 

(FDMS) at http://www.Regulations.gov 

or to Nancy J. Kessinger, Veterans 

Benefits Administration (20M35), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420 or e-mail 

nancy.kessinger@va.gov. Please refer to 

‘‘OMB Control No. 2900–0708’’ in any 

correspondence. During the comment 

period, comments may be viewed online 

through the FDMS. 

FOR FURTHER INFORMATION CONTACT: 

Nancy J. Kessinger at (202) 461–9769 or 

FAX (202) 275–5947. 

SUPPLEMENTARY INFORMATION: Under the 

PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 

3501–3521), Federal agencies must 

obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. This request for comment is 

being made pursuant to Section 

3506(c)(2)(A) of the PRA. 

With respect to the following 

collection of information, VBA invites 

comments on: (1) Whether the proposed 

collection of information is necessary 

for the proper performance of VBA’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of VBA’s estimate of the 

burden of the proposed collection of 

information; (3) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

(4) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

the use of other forms of information 

technology. 

Title: Evidence for Transfer of 

Entitlement of Education Benefits 

(38 CFR 21.7080). 

OMB Control Number: 2900–0708. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: Servicemembers on active 

duty may request to designate up to a 

maximum of 18 months of their 

educational assistance entitlement to 

their spouse, one or more of their 

children, or a combination of the spouse 

and children. VA will accept DOD Form 

2366–1 as evidence that the 

servicemember was approved by the 

military to transfer entitlement. The 

servicemember must submit in writing 

to VA, the name of each dependent, the 

number of months of entitlement 

transferred to each dependent, and the 

period (beginning date or ending date) 

for which the transfer will be effective 

for each designated dependent. VA will 

use the information shown on DOD 

Form 2366–1 to determine whether the 

dependent qualifies to receive education 

benefits under the transfer of 

entitlement provision of law. 

Affected Public: Individuals or 

households. 

Estimated Annual Burden: 5,227. 

Estimated Average Burden per 

Respondent: 5 minutes. 

Frequency of Response: Once. 

Estimated Number of Respondents: 

62,725. 


jlentini on DSKJ8SOYB1PROD with NOTICES