HUD FY2006 HOPE VI Grants Notice
May 5, 2006
Part II
Department of
Housing and Urban
Development
Supplement to the Fiscal Year (FY) 2006
SuperNOFA for HUD’s Discretionary
Programs: NOFAs for the HOPE VI
Revitalization Grants Program and HOPE
VI Main Street Grants Program—
Correction; Notice
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26610 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
DEPARTMENT OF HOUSING AND estimated date of award. HUD has program. Questions regarding today’s
URBAN DEVELOPMENT corrected the formatting and estimated Introduction, the General Section of
date of award in the HOPE VI Main January 20, 2006, or the Introduction of
[Docket No. FR–5053–C–02; FR–5059–C–02]
Street Grant Program NOFA. HUD is March 8, 2006, should be directed to the
Supplement to the Fiscal Year (FY) also taking the opportunity afforded by NOFA Information Center between the
2006 SuperNOFA for HUD’s this Notice to change the application hours of 10 a.m. and 6:30 p.m. Eastern
Discretionary Programs: NOFAs for submission date to July 11, 2006, for the Time at (800) HUD–8929. Hearing-
the HOPE VI Revitalization Grants HOPE VI Main Street Grant Program impaired persons may call 800–HUD–
Program and HOPE VI Main Street only. By making this change HUD is 2209. Questions regarding specific
Grants Program—Correction ensuring that the [Link] help desk program requirements should be
will be open and available to assist directed to the agency contacts
AGENCY: Office of the Secretary, HUD. applicants the day prior to the identified in each program NOFA.
ACTION: Notice; Correction. application submission deadline. HUD SUPPLEMENTARY INFORMATION: Today’s
has also provided clarification of the publication follows the publication of
SUMMARY: On April 11, 2006, HUD section III.C.1.a entitled, ‘‘Eligible Uses the General Section of the FY2006
published its Supplement FY2006 of Grant Funds.’’ Lastly, HUD has added SuperNOFA on January 20, 2006 (71 FR
SuperNOFA for HUD’s Discretionary section III.C.1.h, which contains a cross- 3382), and the SuperNOFA for HUD’s
Programs, which contained the HOPE VI reference to the section of the NOFA Discretionary Programs on March 8,
Revitalization Grants Program and that discusses non-allowable costs. The 2006 (71 FR 11712), and presents two
HOPE VI Main Street Grant Program. corrections made to the HOPE VI Main funding opportunities that supplement
Today HUD is republishing the Street Grant Program will facilitate HUD’s FY2006 SuperNOFA.
supplement to the SuperNOFA, in its applicant understanding of application Specifically, through today’s
entirety, making clarifications and requirements as well as will avoid publication, HUD is making available
corrections. HUD is revising the applicant confusion. This correction approximately $76.9 million in
application submission date for the notice republishes the April 11, 2005, assistance through the FY2006 HOPE VI
HOPE VI Main Street Grant Program. Supplement in its entirety. Main Street and the FY2006 HOPE VI
The application submission date will be
Dated: April 26, 2006. Revitalization Grants programs. Today’s
July 11, 2006. HUD is also republishing
Camillle E. Acevedo, publication is in addition to the $2.2
the Supplement due to incorrect
Associate General Counsel for Legislation and billion previously made available
formatting of various sections and a
Regulations. through the FY2006 SuperNOFA.
misstatement of the estimated date of
As is HUD’s practice in publishing the
award found in the HOPE VI Main DEPARTMENT OF HOUSING AND SuperNOFA, the NOFAs published
Street Grant Program. This republication URBAN DEVELOPMENT today provide the statutory and
will facilitate applicant understanding
AGENCY: Office of the Secretary, HUD. regulatory requirements, threshold
of what needs to be included in their
requirements, and rating factors
applications as well as avoid applicant ACTION: Notice of HUD’s Fiscal Year
applicable to funding being made
confusion. (FY) 2006 Notice of Funding
available today (through the HOPE VI
DATES: The key dates that apply to the Availability. (SuperNOFA) for HUD’s
Revitalization and HOPE VI Main Street
HOPE VI Main Street and HOPE VI Discretionary Programs: HOPE VI
NOFAs). Notwithstanding, applicants
Revitalization programs are found in the Revitalization Grants Program and
for the two HOPE VI NOFAs must also
individual program NOFAs published HOPE VI Main Street Grants Program;
refer to the January 20, 2006, General
today and which are part of this Notice. Notice.
—————————————————— Section of the FY2006 SuperNOFA for
FOR FURTHER INFORMATION CONTACT: The important application information and
individual program NOFAs will identify SUMMARY: On March 8, 2006, HUD
requirements, including submission
the applicable agency contacts for each published its FY2006 SuperNOFA for requirements, which have changed this
program. Questions regarding today’s HUD’s Discretionary Programs, which year.
Introduction, the General Section of contained 39 funding opportunities. In FY2006, HUD intends to continue
January 20, 2006, or the Introduction of supplements the SuperNOFA by adding to require its applicants to submit their
March 8, 2006, should be directed to the funding opportunities for the HOPE VI applications electronically through
NOFA Information Center between the Main Street and HOPE VI Revitalization [Link] If applicants
hours of 10 a.m. and 6:30 p.m. Eastern programs. Since these NOFAs are part of have questions concerning the
Time at (800) HUD–8929. Hearing- the SuperNOFA, the NOFAs published registration process, registration
impaired persons may call 800–HUD– today are governed by the information renewal, assigning a new Authorized
2209. Questions regarding specific and instructions found in the Notice of Organization Representative, or have a
program requirements should be Funding Availability Policy question about a NOFA requirement,
directed to the agency contacts Requirements and General Section please contact HUD staff identified in
identified in each program NOFA. (General Section) to the SuperNOFA the program NOFAs that are part of this
SUPPLEMENTARY INFORMATION: On April
that HUD published on January 20, notice. HUD staff cannot help you write
11, 2006 (71 FR 18496), HUD published 2006, and the Introduction published on your application, but can clarify
its Supplement FY2006 SuperNOFA for March 8, 2006. requirements that are contained in this
HUD’s Discretionary Programs, which DATES: The key dates that apply to the Notice and HUD’s registration materials.
contained the HOPE VI Revitalization HOPE VI Main Street and HOPE VI New applicants should note that they
Grants Program and HOPE VI Main Revitalization programs are found in the are required to complete a five-step
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Street Grant Program. Upon publication individual program NOFAs published registration process in order to submit
HUD became aware that the HOPE VI today and which are part of this notice. their applications electronically. The
Main Street Grant Program contained FOR FURTHER INFORMATION CONTACT: The registration process is outlined in HUD’s
incorrect formatting in various sections individual program NOFAs will identify Notice of Opportunity to Register Early
as well as a misstatement of the the applicable agency contacts for each for Electronic Submission of Grant
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26611
Applications for Funding Opportunities, clarification of the Logic Model free notification service. By doing so,
published in the Federal Register on discussed in Section VI.C. entitled applicants will receive an email
December 9, 2006 (70 FR 73332), and ‘‘Reporting’’ of the January 20, 2006, notification as soon as items are posted
the brochure entitled, ‘‘STEP BY STEP: General Section (see 71 FR 3398). to the Web site. The address to
Your Guide to Registering for Grant Although the Logic Model is to be subscribe to this service is http://
Opportunities,’’ located at http:// completed by applicants, the Return on [Link]/search/[Link]. By
[Link]/offices/adm/grants/ Investment (ROI) Statement referenced joining the notification service, if a
[Link]. HUD also has a new in the discussion of the Logic Model modification is made to the NOFA,
brochure titled, ‘‘Finding and Applying applies only to grantees, i.e., applicants applicants will receive an email
for Grant Opportunities,’’ dated selected for funding under the NOFAs. notification that a change has been
February 2006, which walks you Applicants are not to complete the ROI
made.
through the process of finding and statement. Additionally, for FY2006, the
applying for grant opportunities. This ROI statement is a new concept for the HUD reiterates its hope that
brochure also contains Registration Tips Logic Model. HUD is considering this applicants benefit from the steps HUD
that will help applicants who new concept and will issue a separate has taken to provide early information
successfully submitted a grant notice within the next few weeks of to them on the funding process and
application last year to determine if today’s announcement, to further requirements for the FY2006
their registration is active and if they are address the ROI concept. SuperNOFA.
ready to submit a grant application to Applications and Instructions are
Dated: April 3, 2006.
[Link] posted to [Link] as soon
The March 8, 2006, FY2006 as HUD finalizes them. HUD encourages Roy A. Bernardi,
SuperNOFA publication included a applicants to subscribe to the [Link] Deputy Secretary.
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26613
Overview Information assistance applications for the targeted 3. Provide housing that will avoid or
A. Federal Agency Name. Department project in accordance with the decrease the concentration of very low-
of Housing and Urban Development, requirements of Notice PIH 2005–15 income families; and
Office of Public and Indian Housing. (and any reinstatement of or successor 4. Build sustainable communities.
B. Funding Opportunity Title. to that Notice) and submit it in its
entirety with the HOPE VI B. Authority
Revitalization of Severely Distressed
Public Housing HOPE VI Revitalization Revitalization Application. HUD will 1. The funding authority for HOPE VI
Grants Fiscal Year 2006. process the housing choice voucher Revitalization grants under this HOPE
C. Announcement Type. Initial assistance applications for funded VI NOFA is provided by the
announcement. HOPE VI applicants. Consolidated Appropriations Act, 2006
5. All non-troubled public housing (Pub. L.109–115, approved November
D. Funding Opportunity Number. The
authorities (PHAs) with severely 30, 2005) under the heading
Federal Register number for this NOFA
distressed public housing are eligible to ‘‘Revitalization of Severely Distressed
is: FR–5053–N–01. The OMB approval
apply, subject to the requirements under Public Housing (HOPE VI).’’
number for this program is: 2577–0208.
Section III of this NOFA. PHAs that 2. The program authority for the
E. Catalog of Federal Domestic
manage only a HCV program, tribal HOPE VI program is Section 24 of the
Assistance (CFDA) Number. The CFDA
PHAs and tribally-designated housing 1937 Act, as amended by Section 402 of
number for this NOFA is 14–866,
entities are not eligible. the HOPE VI Program Reauthorization
‘‘Demolition and Revitalization of 6. A match of at least five percent is
Severely Distressed Public Housing and Small Community Main Street
required. Rejuvenation and Housing Act of 2003
(HOPE VI).’’ 7. Each applicant may submit only
F. Dates (Pub. L. 108–186, approved December
one HOPE VI revitalization application. 16, 2003).
1. Application Submission Date: The 8. Application materials may be
application deadline date is July 10, obtained from [Link] C. Definitions
2006. Electronic applications must be Apply. Any technical corrections will be
received and validated by [Link] by 1. CSS Team. The term ‘‘CSS Team’’
published in the Federal Register and
the deadline date. See the HUD’s Super refers to PHA staff members and any
posted to [Link]. Frequently asked
Notice of Funding Availability consultants who will have the
questions will be posted on HUD’s Web
(SuperNOFA) General Section (71 FR responsibility to design, implement, and
site at
3382), published in the Federal Register manage your CSS program.
[Link] 2. CSS Partners. The term ‘‘CSS
on January 20, 2006 for application [Link] and
submission and timely receipt Partners’’ refers to the agencies and
[Link]
requirements. organizations that you will work with to
programs/ph/hope6/.
2. Estimated Grant Award Date: The provide supportive services for
9. General Section Reference. Section residents. A partner could be a local
estimated award date will be I, ‘‘Funding Opportunity Description,’’
approximately September 15, 2006. service organization such as a Boys or
of the Notice of HUD’s Fiscal Year 2006 Girls Club that donates its building and
G. Optional, Additional Overview
Notice of Funding Availability (NOFA) staff to the program, or an agency such
Content Information
Policy Requirements and General as the local Temporary Assistance for
1. Available Funds. This NOFA
Section to the Super NOFA for HUD’s Needy Families (TANF) agency that
announces the availability of
Discretionary Programs (General works with you to ensure that their
approximately $71.9 million in FY 2006
Section), Docket No. FR–5030 N 01, services are coordinated and
funds for HOPE VI Revitalization
published in the Federal Register on comprehensive.
Program grants.
January 20, 2006, and the Introduction 3. Developer. A developer is an entity
2. Proposed Rescission of Funds. The
to the SuperNOFA issued in the Federal contracted to develop (and possibly
public is hereby notified that although
Register on March 8, 2006, is hereby operate) a mixed finance development
this NOFA announces the availability of
incorporated by reference. that includes public housing units,
Fiscal Year (FY) 2006 HOPE VI Funds,
the FY 2007 budget proposes the Full Text of Announcement pursuant to 24 CFR part 941, subpart F.
rescission of the FY 2006 HOPE VI A developer most often has an
I. Funding Opportunity Description
Appropriation. Please note, therefore, ownership interest in the entity that is
that if Congress adopts this portion of A. Program Description established to own and operate the
the President’s budget, this NOFA may In accordance with Section 24(a) of replacement units (e.g., as the general
be cancelled at a later date and awards the United States Housing Act of 1937 partner of a limited partnership).
made under this NOFA may not (42 U.S.C. 1437v) (1937 Act), the 4. Firmly Committed. ‘‘Firmly
ultimately be funded. purpose of HOPE VI Revitalization committed’’ means that the amount of
3. The maximum amount of each grants is to assist PHAs to: match resources and their dedication to
grant award is $20 million. It is 1. Improve the living environment for HOPE VI Revitalization activities must
anticipated that four grant awards will public housing residents of severely be explicit, in writing, and signed by a
be made. distressed public housing projects person authorized to make the
4. Housing choice voucher (HCV) through the demolition, rehabilitation, commitment.
assistance is available from the tenant reconfiguration, or replacement of 5. Public Housing Project. A public
protection voucher fund to successful obsolete public housing projects (or housing project is a group of assisted
applicants that receive the portions thereof); housing units that has a single Project
Revitalization grant awards. The dollar 2. Revitalize sites (including Number assigned by the Director of
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amount of HCV assistance is in addition remaining public housing dwelling Public Housing of a HUD Field Office
to the $20 million maximum award units) on which such public housing and has, or had (in the case of
amount and will be based upon resident projects are located and contribute to previously demolished units) housing
relocation needs. Applicants must the improvement of the surrounding units under an Annual Contributions
prepare their housing choice voucher neighborhood; Contract.
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26614 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
6. Replacement Housing. Under this vacated or demolished, but for which many people as possible at little or no
HOPE VI NOFA, a HOPE VI HUD has not yet provided replacement extra cost. Universal design benefits
replacement housing unit shall be housing assistance (other than tenant- people of all ages and abilities.
deemed to be any combination of public based assistance). ‘‘Replacement Examples include designing wider
housing rental units, eligible housing assistance’’ is defined as funds doorways, installing levers instead of
homeownership units under Section that have been furnished by HUD to doorknobs, and putting bathtub/shower
24(d)(1)(J) of the 1937 Act, and HCV perform major rehabilitation on, or grab bars in all units. Computers and
assistance that does not exceed the reconstruction of, the public housing telephones can also be set up in ways
number of units demolished and units that have been legally vacated or that enable as many residents as
disposed of at the targeted severely demolished. possible to use them. The Department
distressed public housing project. b. A severely distressed project that has a publication that contains a
7. Severely Distressed. a. In has been legally vacated or demolished number of ideas about how the
accordance with Section 24(j)(2) of the (but for which HUD has not yet principles of Universal Design can
1937 Act, the term ‘‘severely distressed provided replacement housing benefit persons with disabilities. To
public housing’’ means a public housing assistance, other than tenant-based order a copy of Strategies for Providing
project (or building in a project) that: assistance) must have met the definition Accessibility and Visitability for HOPE
(1) Requires major redesign, of physical distress not later than the VI and Mixed Finance Homeownership,
reconstruction, or redevelopment—or day the demolition application approval go to the publications and resource page
partial or total demolition—to correct letter was dated by HUD. of the HOPE VI Web site at http://
serious deficiencies in the original 8. Targeted Project. The targeted [Link]/publications/pubasst/
design (including inappropriately high project is the current public housing [Link].
population density), deferred project that will be revitalized with
maintenance, physical deterioration or funding from this NOFA. The targeted II. Award Information
obsolescence of major systems, and project may include more than one A. Availability of HOPE VI Funds
other deficiencies in the physical plan public housing project or be a part of a
of the project; public housing project. See Section 1. Proposed Rescission of Funds. The
(2) Is a significant contributing factor III.C. of this NOFA for eligibility of public is hereby notified that although
to the physical decline of, and multiple public housing projects and this NOFA announces the availability of
disinvestment by public and private separability of a part of a public housing Fiscal Year (FY) 2006 HOPE VI Funds,
entities in, the surrounding project. the FY 2007 budget proposes the
neighborhood; 9. Team. The term ‘‘your Team’’ rescission of the FY 2006 HOPE VI
(3) (a) Is occupied predominantly by includes PHA staff who will be involved Appropriation. Please note, therefore,
families who are very low-income in HOPE VI grant administration, and that if Congress adopts this portion of
families with children, have any alternative management entity that the President’s budget, this NOFA may
unemployed members, and are will manage the revitalization process, be cancelled at a later date and awards
dependent on various forms of public be responsible for meeting construction made under this NOFA may not
assistance; (b) has high rates of time tables, and obligating amounts in a ultimately be funded.
vandalism and criminal activity timely manner. This team includes any 2. Revitalization Grants.
(including drug-related criminal developer partners, program managers, Approximately $71.9 million of the
activity) in comparison to other housing property managers, subcontractors, FY2006 HOPE VI appropriation has
in the area; or (c) is lacking in sufficient consultants, attorneys, financial been allocated to fund HOPE VI
appropriate transportation, supportive consultants, and other entities or Revitalization grants and will be
services, economic opportunity, individuals identified in the application awarded in accordance with this NOFA.
schools, civic and religious institutions, who are proposed to carry out program There will be approximately four
or public services, resulting in severe activities. awards. The maximum amount you may
social distress in the project; 10. Temporary Relocation. There are request in your application for grant
(4) Cannot be revitalized through no provisions for ‘‘temporary award is limited to $20 million or the
assistance under other programs, such relocation’’ under the Uniform sum of the amounts in Section IV.E.
as the Capital Fund and Operating Fund Relocation Assistance and Real Property below, whichever is lower. HCV
programs for public housing under the Acquisition Policies Act Of 1970 (URA). assistance is in addition to this amount.
1937 Act, or the programs under See Notice CPD 04–2, ‘‘Guidance on the 3. Housing Choice Voucher
Sections 9 or 14 of the 1937 Act (as in Application of the Uniform Relocation Assistance. Housing choice voucher
effect before the effective date under Assistance and Real Property (HCV) assistance is available from the
Section 503(a) of the Quality Housing Acquisition Policies Act Of 1970 (URA), tenant protection voucher fund to
and Work Responsibility Act of 1998 As Amended, in HOPE VI Projects,’’ successful applicants that receive the
(Pub. L. 105–276, approved October 21, paragraph IV.A.2. for the definition of Revitalization grant awards. The dollar
1998)), because of cost constraints and ‘‘temporary relocation’’ as it applies to amount of HCV assistance is in addition
inadequacy of available amounts; and HOPE VI projects. The Notice can be to the $20 million maximum award
(5) In the case of an individual obtained through HUDClips at http:// amount and will be based upon resident
building that currently forms a portion [Link]/. relocation needs. Applicants must
of the public housing project targeted by 11. Universal Design. Universal prepare their housing choice voucher
the application to this NOFA: design is the design of products and assistance applications for the targeted
(a) Is sufficiently separable from the environments to be usable by all people, project in accordance with the
remainder of the project of which the to the greatest extent possible, without requirements of Notice PIH 2005–15
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building is part, such that the the need for adaptation or specialized (and any reinstatement of or successor
revitalization of the building is feasible; design. The intent of universal design is to that Notice) and submit it in its
or to simplify life for everyone by making entirety with the HOPE VI
(b) Was part of the targeted public products, communications, and the Revitalization Application. HUD will
housing project that has been legally built environment more usable by as process the housing choice voucher
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26615
assistance applications for funded required to have in place a match in the C. Other
HOPE VI applicants. amount of five percent of the requested 1. Eligible Revitalization Activities.
4. Grant term. The period for grant amount in cash or in-kind HOPE VI Revitalization grants may be
completion shall not exceed 54 months donations. Applications that do not used for activities to carry out
from the date the NOFA award is demonstrate the minimum 5 percent revitalization programs for severely
executed by HUD, as described in the match will not be considered for distressed public housing in accordance
grant agreement. funding. with Section 24(d) of the 1937 Act.
III. Eligibility Information b. Additional Community and Revitalization activities approved by
Supportive Services (CSS) Match. HUD must be conducted in accordance
A. Eligible Applicants (1) In accordance with the 1937 Act with the requirements of this NOFA.
1. Only PHAs that have severely (42 U.S.C. 1437v(c)(1)(B)), in addition to The following is a list of eligible
distressed housing in their inventory the 5 percent Revitalization grant match activities.
and are otherwise in conformance with in Section a. above, you may be required a. Relocation. Relocation, including
the threshold requirements provided in to have in place a CSS match. Funds reasonable moving expenses, for
Section III.C. of this NOFA are eligible used for the Revitalization grant match residents displaced as a result of the
to apply. cannot be used for the CSS match. revitalization of the project. See
2. Housing Choice Voucher Programs (2) If you are selected for funding Sections III.C. and V.A. of this NOFA for
Only, Tribal Housing Agencies, and through this NOFA, you may use up to relocation requirements.
Others. PHAs that only administer HCV/ 15 percent of your grant for CSS b. Demolition. Demolition of dwelling
Section 8 programs, tribal housing activities. However, if you propose to units or non-dwelling facilities, in
agencies and tribally-designated use more than 5 percent of your HOPE whole or in part, although demolition is
housing entities, are not eligible to VI grant for CSS activities, you must not a required element of a HOPE VI
apply. Non-profit organizations, for- have in place funds (cash or in-kind revitalization plan.
profit organizations, and private citizens donations) from sources other than c. Disposition. Disposition of a
and entrepreneurs are not eligible to HOPE VI, that match the amount severely distressed public housing site,
apply. between 5 and 15 percent of the grant by sale or lease, in whole or in part, in
3. Troubled Status. If HUD has that you will use for CSS activities. accordance with Section 18 of the 1937
designated your housing authority as These resources do not need to be new Act and implementing regulations at 24
troubled pursuant to Section 6(j)(2) of commitments in order to be counted for CFR part 970. A lease of one year or
the 1937 Act, HUD will use documents match. more that is not incident to the normal
and information available to it to operation of a project is considered a
c. No HOPE VI Funding in Match. In
determine whether you qualify as an disposition that is subject to Section 18
accordance with Section 24(c) of the
eligible applicant. In accordance with of the 1937 Act.
Act, for purposes of calculating the d. Rehabilitation and Physical
Section 24(j) of the 1937 Act, the term amount of matching funds required by
‘‘applicant’’ means: Improvement. Rehabilitation and
Sections a. and b. above, you may NOT physical improvement of:
a. Any PHA that is not designated as include amounts from HOPE VI program
‘‘troubled’’ pursuant to Section 6(j)(2) of 1. Public housing; and
funding, including HOPE VI 2. Community facilities, provided that
the 1937 Act; Revitalization, HOPE VI Demolition,
b. Any PHA for which a private the community facilities are primarily
HOPE VI Neighborhood Networks or intended to facilitate the delivery of
housing management agent has been
HOPE VI Main Street grants. You may community and supportive services for
selected, or a receiver has been
include funding from other public residents of the public housing project
appointed, pursuant to Section 6(j)(3) of
housing sources (e.g., Capital Funds, and residents of off-site replacement
the 1937 Act; and
ROSS funds), other federal sources, any housing, in accordance with 24 CFR
c. Any PHA that is designated as
state or local government source and 968.112(b), (d), (e), and (g)–(o) and 24
‘‘troubled’’ pursuant to Section 6(j)(2) of
any private contributions. You may also CFR 968.130 and 968.135(b) and (d) or
the 1937 Act and that:
(1) Is designated as troubled include the value of donated material or successor regulations, as applicable.
principally for reasons that will not buildings, the value of any lease on a e. Development. Development of:
affect its capacity to carry out a building, the value of the time and 1. Public housing replacement units;
revitalization program; services contributed by volunteers, and and
(2) Is making substantial progress the value of any other in-kind services 2. Other units (e.g., market-rate units),
toward eliminating the deficiencies of or administrative costs provided. provided a need exists for such units
the agency that resulted in its troubled d. Firmly Committed. Match and such development is performed
status; donations must be firmly committed. with non-public housing funds.
(3) Has not been found to be in non- See the Definitions section for more f. Homeownership Activities.
compliance with fair housing or other information. Assistance involving the rehabilitation
civil rights requirements; or e. Matching funds must be directly and development of homeownership
(4) Is otherwise determined by HUD applicable to the revitalization of the units. Assistance may include:
to be capable of carrying out a targeted project and the transformation 1. Down payment or closing cost
revitalization program. of the lives of residents. assistance;
2. Hard or soft second mortgages; or
B. Cost Sharing or Matching f. The PHA’s staff time is not an 3. Construction or permanent
eligible cash or in-kind match. financing for new construction,
1. Match Requirements g. See Section III, Program acquisition, or rehabilitation costs
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a. Revitalization grant Match. HUD is Requirements, (including Program related to homeownership replacement
required by the 1937 Act (42 U.S.C. Requirements that Apply to Match and units.
1437v(c)(1)(A)) to include the Leverage and Program Requirements g. Acquisition. Acquisition of:
requirement for matching funds for all that Apply to Match) for match 1. Rental units and homeownership
HOPE VI-related grants. You are documentation requirements. units;
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26616 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
2. Land for the development of off-site either a State Apprenticeship Agency receipt of the HUD notification. The
replacement units and community recognized by the Department of Labor’s thresholds listed below can be cured for
facilities (provided that the community (DOL) Office of Apprenticeship technical deficiencies except for those
facilities are primarily intended to Training, Employer and Labor Services indicated as non-curable. If an applicant
facilitate the delivery of community and (OATELS) or, if there is no recognized does not cure all its technical
supportive services for residents of the state agency, by OATELS. See also DOL deficiencies that relate to threshold
public housing project and residents of regulations at 29 CFR part 29. requirements within the cure period,
off-site replacement housing); (f) Training on topics such as HUD will consider the threshold(s) in
3. Land for economic development- parenting skills, consumer education, question to be failed, will not consider
related activities, provided that such family budgeting, and credit the application as eligible for funding
acquisition is performed with non- management. and will not rate and rank it. Applicants
public housing funds. (g) Homeownership counseling that is MUST review and follow documentation
h. Management Improvements. scheduled to begin promptly after grant requirements provided in this
Necessary management improvements, award so that, to the maximum extent Thresholds Requirements Section and
including transitional security activities. possible, qualified residents will be the Program Requirements of Section
i. Administration, Planning, Etc. ready to purchase new homeownership III.C. A false statement (or certification)
Administration, planning, technical units when they are completed. The in an application is grounds for denial
assistance, and other activities Family Self-Sufficiency program can or termination of an award and grounds
(including architectural and engineering also be used to promote for possible prosecution as provided in
work, program management, and homeownership, providing assistance 18 U.S.C. 1001, 1010, and 1012, and 32
reasonable legal fees) that are related to with escrow accounts and counseling. U.S.C. 3729 and 3802. Required forms,
the implementation of the revitalization (h) Coordinating with health care certifications and assurances must be
plan, as approved by HUD. See Cost providers or providing on-site space for included in the HOPE VI application
Control Standards in the Program health clinics, doctors, wellness centers, and will be available over the Internet
Requirements section of this NOFA. dentists, etc. that will primarily serve at [Link]
j. Community and Supportive Services the public housing residents. HOPE VI grants/[Link], http://
(CSS). funds may not be used to provide direct [Link]/offices/pih/programs/ph/
1. The CSS component of the HOPE medical care to residents. hope6/ and [Link]
VI program encompasses all activities (i) Substance and alcohol abuse a. Curable Thresholds. The following
that are designed to promote upward treatment and counseling. thresholds may be cured in accordance
mobility, self-sufficiency, and improved (j) Activities that address domestic
with the criteria above. Examples of
quality of life for the residents of the violence treatment and prevention.
curable (correctable) technical
public housing project involved. (k) Child care services that provide
deficiencies include but are not limited
2. CSS activities. CSS activities may sufficient hours of operation to facilitate
to inconsistencies in the funding
include, but are not limited to: parental access to education and job
(a) Educational activities that promote request, failure to submit the proper
opportunities, serve appropriate age
learning and serve as the foundation for certifications (e.g., HUD–2880), and
groups, and stimulate children to learn.
young people from infancy through high (l) Transportation, as necessary, to failure to submit a signature and/or date
school graduation, helping them to enable all family members to participate of signature on a certification.
succeed in academia and the in available CSS activities and to (1) Severe Distress of Targeted Project.
professional world. Such activities, commute to their places of employment. The targeted public housing project
which include after-school programs, (m) Entrepreneurship training and must be severely distressed. See Section
mentoring, and tutoring, must be mentoring, with the goal of establishing I.C. of this NOFA for the definition of
created with strong partnerships with resident-owned businesses. ‘‘severely distressed.’’ If the targeted
public and private educational k. Leveraging. Leveraging other project is not severely distressed, your
institutions. resources, including additional housing application will not be considered for
(b) Adult educational activities, resources, supportive services, job funding. Applicants must use the severe
including remedial education, literacy creation, and other economic distress certification form provided with
training, tutoring for completion of development uses on or near the project this NOFA and place it in your
secondary or postsecondary education, that will benefit future residents of the attachments. The certification must be
assistance in the attainment of site. signed by an engineer or architect
certificates of high school equivalency, 2. Threshold Requirements. licensed by a state licensing board. The
and English as a Second Language Applications must meet all threshold license does not need to have been
courses, as needed. requirements in order to be rated and issued in the same state as the severely
(c) Readiness and retention activities, ranked. If an application does not meet distressed project. The engineer or
which frequently are key to securing all threshold requirements, HUD will architect must include his or her license
private sector commitments to the not consider the application as eligible number and state of registration on the
provision of jobs. for funding and will not rate and rank certification. The engineer or architect
(d) Employment training activities it. HUD will screen for technical may not be an employee of the housing
that include results-based job training, deficiencies and administer a cure authority or the city.
preparation, counseling, development, period. The subsection entitled, (2) Site Control. If you propose to
placement, and follow-up assistance ‘‘Corrections to Deficient Applications,’’ develop off-site housing in ANY phase
after job placement. in Section V.B. of the General Section is of your proposed revitalization plan,
(e) Programs that provide entry-level, incorporated by reference and applies to you MUST provide evidence in your
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registered apprenticeships in this NOFA, except that clarifications or application that you (not your
construction, construction-related, corrections of technical deficiencies in developer) have site control of EVERY
maintenance, or other related activities. accordance with the information property. If you propose to develop off-
A registered apprenticeship program is provided by HUD must be submitted site housing and you do not provide
a program that has been registered with within 7 calendar days of the date of acceptable evidence of site control, your
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26617
ENTIRE application will be disqualified (i) A HOPE VI Relocation Plan was c. Disclosure of Lobbying Activities
from further consideration for funding. completed as of the application due date (SF–LLL), if applicable;
(1) Site control documentation may (to learn more about HOPE VI d. Applicant/Recipient Disclosure/
only be contingent upon: Relocation Plans, applicants may review Update Report (HUD–2880);
(a) The receipt of the HOPE VI grant; Notice CPD 04–02, ‘‘Revision to Notice e. Program Outcome Logic Model
(b) Satisfactory compliance with the CPD 02–8, Guidance on the Application (HUD–96010);
environmental review requirements of of the Uniform Relocation Assistance f. America’s Affordable Communities
this NOFA; and and Real Property Acquisition Policies Initiative (HUD–27300), if applicable;
(c) The site and neighborhood Act of 1970 (URA), as Amended, in g. Funding Application (developed in
standards in Section III.C. of this NOFA. HOPE VI Projects’’; accordance with PIH Notice 2005–15 or
(d ) Standard underwriting (ii) That it conforms to the Uniform successor), including the Section 8
procedures. Relocation Assistance and Real Property Tenant-Based Assistance Rental
(2) If you demonstrate site control Acquisition Policies Act of 1970 (URA) Certificate Program, Rental Voucher
through an option to purchase, the requirements; and Program, form HUD–52515, if
option must extend for at least 180 days (iii) That it implements HOPE VI applicable; and
relocation goals, as described in Section h. Facsimile Transmittal (HUD–
after the application submission date.
V.A. of this NOFA. This means your 96011).
(3) Evidence may include an option to (8) HOPE VI Revitalization Applicant
purchase the property, a sales plan must describe how the HOPE VI
Relocation Plan incorporates the HOPE Certifications. You must include in your
agreement, a land swap, or a deed. application a certification from the
VI relocation goals in Section V.A.
Evidence may NOT include a letter from Chairman of your Board of
(b) If relocation was completed (i.e.,
the Mayor or other official, letters of Commissioners to the requirements
the targeted public housing site is
support from members of the listed in the HOPE VI Revitalization
vacant) as of the application submission
appropriate municipal entities, or a Applicant Certifications. You must
date, rather than certifying that the
resolution evidencing the PHA’s intent include this certification in your
HOPE VI Relocation Plan has been
to exercise its power of eminent attachments.
completed, you must assure that the
domain. b. Non-Curable Thresholds. The
relocation was completed in accordance
(4) You must include evidence/ following thresholds may NOT be cured
with URA and/or Section 18
documentation of site control in your in accordance with the criteria
requirements (depending on which of
attachments. referenced in III.C.2 above.
these requirements applied to the
(3) Land Use. Your application must demolition in question). (1) One application. Each applicant
include a certification from the (c) You must demonstrate compliance may submit only one HOPE VI
appropriate local official (not the with this threshold through completion Revitalization application, in
Executive Director) documenting that all and inclusion of the Assurances for accordance with the criteria of this
required land use approvals for HOPE VI Application document. NOFA. If HUD receives multiple
developed and undeveloped land have (6) Resident Involvement in the applications electronically, HUD will
been secured for any off-site housing Revitalization Program Assurance. You rate and rank the last application
and other proposed uses, or that the must assure that you have involved received and validated by [Link] by
request for such approval(s) is on the affected public housing residents at the the application deadline. All other
agenda for the next meeting of the beginning and during the planning applications will not be considered
appropriate authority in charge of land process for the revitalization program, eligible.
use. In the case of the latter, the prior to submission of your application. (1) HUD will not consider
certification must include the date of If you have not included affected applications sent entirely by facsimile
the meeting. You must include this residents in the planning process, your (See General Section).
certification in your attachments. application will not be considered for (2) HUD will not accept for review or
(4) Selection of Developer. You must funding. You MUST follow the resident evaluation any videos submitted as part
assure that: involvement requirements listed in the of the application or appendices.
(a) You have initiated an RFQ by the Program Requirements section, Section (3) HUD will not consider any
application submission date for the III.C. of this NOFA. You must application that does not meet the
competitive procurement of a developer demonstrate compliance with this timely submission requirements for
for your first phase of construction, in threshold through completion and electronic submission, in accordance
accordance with 24 CFR 85.36 and 24 inclusion of the Assurances for HOPE VI with the criteria of the General Section.
CFR 941.602(d) (as applicable). If you Application document. (2) Appropriateness of Proposal. In
change developers after you are selected (7) Standard Forms and accordance with Section 24(e)(1) of the
for funding, HUD reserves the right to Certifications. The last part of your 1937 Act, each application must
rescind the grant; or application will be comprised of demonstrate the appropriateness of the
(b) You will act as your own standard certifications common to many proposal (revitalization plan) in the
developer for the proposed project. If HUD programs. For the HOPE VI context of the local housing market
you change your plan and procure an application, the required standard forms relative to other alternatives. You must
outside developer after you are selected and certifications are: discuss other possible alternatives in the
for funding, HUD reserves the right to a. Application for Federal Assistance local housing market and explain why
rescind the grant. (SF–424); this will be placed at the front the housing envisioned in the
(c) You must demonstrate compliance of your application; application is more appropriate. This is
with this threshold through completion b. Acknowledgment of Application a statutory requirement and an
jlentini on PROD1PC65 with NOTICES2
and inclusion of the Assurances for Receipt (HUD–2993), applicable ONLY application threshold. If you do not
HOPE VI Application document. if the applicant obtains a waiver from demonstrate the appropriateness of the
(5) Relocation Plan Assurance. (a) If the electronic submission requirement; proposal (revitalization plan) in the
you have not yet relocated residents, this will be placed at the front of your context of the local housing market
you must assure that: application; relative to other alternatives, your
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26618 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
application will not be considered for (4) Sites Previously Funded by HOPE voluntary compliance agreements
funding. Applicants must demonstrate VI Revitalization grants. You may related to Fair Housing (e.g., Title VI of
compliance with this threshold in their submit a Revitalization application that the Civil Rights Act of 1964, the Fair
narrative. Examples of alternative targets part of a project that is being, or Housing Act, and Section 504 of the
proposals may include: has been, revitalized or replaced under Rehabilitation Act of 1973) that affects
(1) Rebuilding or rehabilitating an a HOPE VI Revitalization grant awarded your public housing program and that is
existing project or units at an off-site in previous years. You may not apply in effect on the date of application
location that is in an isolated, non- for new HOPE VI Revitalization funds submission. If you are not in full
residential, or otherwise inappropriate for units in that project that were compliance, your application will be
area; funded by the existing HOPE VI ineligible for funding. HUD will
(2) Proposing a range of incomes, Revitalization grant or other HUD funds evaluate your compliance with this
housing types (rental, homeownership, which are used to achieve significant threshold.
market-rate, public housing, townhouse, revitalization of units (as opposed to (7) Dun and Bradstreet Data Universal
detached house, etc.), or costs which regular upkeep), even if those funds are Numbering System (DUNS) Number
cannot be supported by a market inadequate to pay the costs to revitalize Requirement. This threshold is hereby
analysis; or or replace all of the targeted units. For incorporated from the General Section.
(3) Proposing to use the land in a example, if a project has 700 units and All applicants seeking funding directly
manner that is contrary to the goals of you were awarded a HOPE VI from HUD must obtain a DUNS number
your agency. Revitalization grant or other HUD public and include the number in its
(3) Contiguous, Single, and Scattered- housing funds to address 300 of those Application for Federal Assistance
Site Projects. Except as provided in units, you may submit an FY–2006 submission. Failure to provide a DUNS
sections (1) and (2) below, each HOPE VI Revitalization application to number will prevent you from obtaining
application must target one severely revitalize the remaining 400 units. You an award, regardless of whether it is a
distressed public housing project. You may not apply for funds to supplement new award or renewal of an existing
work on the original 300 units. If you award. This policy is pursuant to the
must provide a city map illustrating the
request funds to revitalize/replace the Office of Management and Budget
current targeted site(s), whether
units not funded by the previous HOPE (OMB) policy issued in the Federal
contiguous, single, or scattered-site
VI Revitalization grant, you must Register on June 27, 2003 (68 FR 38402).
projects.
provide a listing of which units were HUD published its regulation
(1) Contiguous Projects. Each
funded by the previous grant and which implementing the DUNS number
application may request funds for more
units are being proposed for funding requirement on November 9, 2004 (69
than one project if those projects are FR 65024). A copy of the OMB Federal
under the current grant application. You
immediately (a) adjacent to one another Register notice and HUD’s regulation
must demonstrate compliance with this
or (b) within a quarter-mile of each implementing the DUNS number can be
threshold in your narrative (including
other. If you include more than one found on HUD’s Web site at http://
the above listing as relevant). If you
project in your application, you must [Link]/offices/adm/grants/
request funds to revitalize units or
provide a map that clearly indicates that [Link]. Applicants cannot submit
buildings that have been funded by an
the projects are either adjacent or within applications electronically without a
existing HOPE VI Revitalization grant,
a quarter-mile of each other. If HUD your application will not be considered DUNS number entry. Applicants must
determines that they are not, your for funding. carefully enter the DUNS number on the
application will not be considered for (5) Separability. In accordance with application package, making sure it is
funding. Section 24(j)(2)(A)(v) of the 1937 Act, if identical to the DUNS number under
(2) Scattered Site Projects. Your you propose to target only a portion of which the Authorized Organization
application may request funds to a project for revitalization, in your Representative is registered to submit an
revitalize a scattered site public housing narrative you must: (1) Demonstrate to application.
project. The sites targeted in an HUD’s satisfaction that the severely (8) Compliance with Fair Housing and
application proposing to revitalize distressed public housing is sufficiently Civil Rights Laws. This threshold is
scattered sites (regardless of whether the separable from the remainder of the hereby incorporated from the General
scattered sites are under multiple project, of which the building is a part, Section. (a) With the exception of
project numbers) must fall within an to make use of the building feasible for federally recognized Indian tribes and
area with a one-mile radius. You may revitalization. Separations may include their instrumentalities, applicants must
identify a larger site if you can show a road, berm, catch basin, or other comply with all applicable fair housing
that all of the targeted scattered site recognized neighborhood distinction; and civil rights requirements in 24 CFR
units are located within the hard edges and (2) Demonstrate that the site plan 5.105(a). If you are a federally
(e.g., major highways, railroad tracks, and building designs of the revitalized recognized Indian tribe, you must
lakeshore, etc.) of a neighborhood. If portion will provide defensible space comply with the nondiscrimination
you propose to revitalize a project that for the occupants of the revitalized provisions enumerated at 24 CFR
extends beyond a one-mile radius or is building(s) and that the properties that 1000.12, as applicable.
otherwise beyond the hard edges of a remain will not have a negative (b) If you, the applicant: (i) Have been
neighborhood, your application will not influence on the revitalized buildings(s), charged with an ongoing systemic
be considered for funding. If you either physically or socially. You must violation of the Fair Housing Act; or (ii)
propose to revitalize a scattered site demonstrate compliance with this Are a defendant in a Fair Housing Act
public housing project, you must threshold in your narrative. If you do lawsuit filed by the Department of
provide a map that clearly indicates that not propose to target only a portion of Justice alleging an ongoing pattern or
jlentini on PROD1PC65 with NOTICES2
the projects fall within an area with a a project for revitalization, you may practice of discrimination; or (iii) Have
one-mile radius or, if larger, are located indicate, ‘‘n/a’’ in your narrative. received a letter of findings identifying
within the hard edges (e.g., major (6) Desegregation Orders. You must be ongoing systemic noncompliance under
highways, railroad tracks, lakeshore, in full compliance with any Title VI of the Civil Rights Act of 1964,
etc.) of a neighborhood. desegregation or other court order, and Section 504 of the Rehabilitation Act of
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26619
1973, or Section 109 of the Housing and demolished pursuant to a revitalization (2) The homeownership proposal
Community Development Act of 1974, plan is not required to be approved must be consistent with the Section 8
and the charge, lawsuit, or letter of through a demolition application under Area Median Income (AMI) limitations
findings referenced in subparagaph (i), Section 18 of the 1937 Act or (80 percent of AMI) and any other
(ii), or (iii) above has not been resolved regulations at 24 CFR part 970. If you do applicable provisions under the 1937
to HUD’s satisfaction before the not receive a HOPE VI Revitalization Act. (HUD publishes AMI tables for
application deadline, then you are grant, the information in your each family size in each locality
ineligible and HUD will not rate and application will not be used to process annually. The income limit tables can
rank your application. HUD will a request for demolition; be found at [Link]
determine if actions to resolve the (b) A demolition application under datasets/il/il05/[Link].)
charge, lawsuit, or letter of findings Section 18 of the 1937 Act. While a d. Acquisition.
taken before the application deadline Section 18 approval is not required for (1) Acquisition Proposal. Before you
are sufficient to resolve the matter. HOPE VI related demolition, you will undertake any acquisition activities
Examples of actions that would not have to wait for demolition approval with HOPE VI or other public housing
normally be considered sufficient to through your supplemental funds, you must obtain HUD approval of
resolve the matter include, but are not submissions, as described in Section (a) an acquisition proposal that meets the
limited to: (i) A voluntary compliance above; or requirements of 24 CFR 941.303.
agreement signed by all parties in (c) A Section 202 Mandatory (2) Rental Units. For acquisition of
response to a letter of findings; (ii) A Conversion Plan, in compliance with rental units in existing or new
HUD-approved conciliation agreement regulations at 24 CFR part 971 and other apartment buildings, single family
signed by all parties; (iii) A consent applicable HUD requirements, if the subdivisions, etc., with or without
order or consent decree; or (iv) An project is subject to Mandatory rehabilitation, for use as public housing
issuance of a judicial ruling or a HUD Conversion (Section 202 of the Omnibus replacement units, you must obtain
Administrative Law Judge’s decision. Consolidated Rescissions and HUD approval of a Development
(9) Delinquent Federal Debts. This Appropriations Act of 1996, Pub. L. Proposal in accordance with 24 CFR
threshold is hereby incorporated from 104–134, approved April 26, 1996). A 941.304 (conventional development) or
the General Section. Consistent with the Mandatory Conversion Plan concerns 24 CFR 941.606 (mixed finance
purpose and intent of 31 U.S.C. 3720B the removal of a public housing project development).
and 28 U.S.C. 3201(e), HUD will not from a PHA’s inventory. (2) Land for Off-Site Replacement
award federal funds to an applicant that b. Development. Units. For acquisition of land for public
has an outstanding delinquent federal (1) For any standard (non-mixed housing or homeownership
debt unless (1) the delinquent account finance) public housing development development, you must comply with 24
is paid in full, (2) a negotiated activity (whether on-site reconstruction CFR part 941 or successor part.
repayment schedule is established and or off-site development), you must (3) Land for Economic Development-
the repayment schedule is not obtain HUD approval of a standard Related Activities.
delinquent, or (3) other arrangements (a) Acquisition of land for this
development proposal submitted under
satisfactory to HUD are made prior to purpose is eligible only if the economic
24 CFR part 941 (or successor part).
the deadline date. development-related activities
(2) For mixed-finance housing
(10) Debarment and Suspension. This specifically promote the economic self-
development, you must obtain HUD
threshold is hereby incorporated from sufficiency of residents.
approval of a mixed finance proposal, (b) Limited infrastructure and site
the General Section. In accordance with
submitted under 24 CFR part 941, improvements associated with
24 CFR part 24, no award of federal
subpart F (or successor part and developing retail, commercial, or office
funds may be made to applicants that
subpart). facilities, such as rough grading and
are presently debarred or suspended, or
proposed to be debarred or suspended (3) For new construction of bringing utilities to (but not on) the site
from doing business with the federal community facilities primarily intended are eligible activities with prior HUD
government. to facilitate the delivery of community approval.
and supportive services for residents of e. Match. See Section III.B. and III.C.3,
3. Program Requirements the project and residents of off-site Program Requirements that Apply to
a. Demolition. replacement housing, you must comply Match and Leverage.
(1) You may not carry out nor permit with 24 CFR part 941 (or successor f. Leverage. See Section III.C.3,
others to carry out the demolition of the part). Information required for this Program Requirements that Apply to
targeted project or any portion of the activity must be included in either a Match and Leverage .
project until HUD approves, in writing, standard or mixed finance development (1) You must actively enlist other
one of the following ((a)–(c)), and until proposal, as applicable. stakeholders who are vested in and can
HUD has also (i) approved a Request for c. Homeownership. provide significant financial assistance
Release of Funds submitted in (1) For homeownership replacement to your revitalization effort, both for
accordance with 24 CFR part 58, or (ii) units developed under a revitalization physical development and CSS.
if HUD performs an environmental plan, you must obtain HUD approval of (2) HUD seeks to fund mixed-finance
review under 24 CFR part 50, approved a homeownership proposal. Your developments that use HOPE VI funds
the property for demolition, in writing, homeownership proposal must conform to leverage the maximum amount of
following its environmental review. to either: other funds, particularly from private
(a) Information regarding demolition (a) Section 24(d)(1)(J) of the 1937 Act; sources, that will result in revitalized
in your HOPE VI Revitalization or public housing, other types of assisted
jlentini on PROD1PC65 with NOTICES2
Application, along with Supplemental (b) Section 32 of the 1937 Act (see 24 and market-rate housing, and private
Submissions requested by HUD after the CFR part 906). Additional information retail and economic development.
award of the grant. Section 24(g) of the on this option may be found at http:// (3) There are four types of Leverage:
1937 Act provides that severely [Link]/offices/pih/centers/sac/ Development, CSS, Anticipatory, and
distressed public housing that is homeownership. Collateral. Development and CSS
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26620 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
leverage are program requirements and cost analysis of advanced technologies implementing the energy plan, HUD, the
will be described here. Anticipatory and to be incorporated in project Environmental Protection Agency
Collateral leverage are included only in construction. (EPA), and the Department of Energy
the Leverage rating factor and are (b) Applicants are encouraged to (DoE) have signed a joint partnership to
described in Section V. of this NOFA. employ PATH technologies to exceed promote energy efficiency in HUD’s
(4) See the Program Requirements that prevailing national building practices affordable housing efforts and programs.
Apply to Match and Leverage in this by: The purpose of the Energy Star
section. (i) Reducing costs; partnership is to promote energy
g. Access to Services. For both on-site (ii) Improving durability; efficiency of the affordable housing
and any off-site units, your overall (iii) Increasing energy efficiency; stock, but also to help protect the
Revitalization plan must result in (iv) Improving disaster resistance; and environment. Applicants constructing,
increased access to municipal services, (v) Reducing environmental impact. rehabilitating, or maintaining housing or
jobs, mentoring opportunities, (c) More information, the list of community facilities are encouraged to
transportation, and educational technologies, the latest PATH promote energy efficiency in design and
facilities; i.e., the physical plan and self- Newsletter, results from field operations. They are urged especially to
sufficiency strategy must be well- demonstrations, and PATH projects can purchase and use Energy Star-labeled
integrated and strong linkages must be be found at [Link] products. Applicants providing housing
established with the appropriate federal, (4) Energy Efficiency. assistance or counseling services are
state, and local agencies, nonprofit (a) New construction must comply encouraged to promote Energy Star
organizations, and the private sector to with the latest HUD-adopted Model building by homebuyers and renters.
achieve such access. Energy Code issued by the Council of Program activities can include
h. Building Standards. American Building Officials. developing Energy Star promotional and
(1) Building Codes. All activities that (b) HUD encourages you to set higher information materials, outreach to low-
include construction, rehabilitation, standards, where cost effective, for and moderate-income renters and
lead-based paint removal, and related energy and water efficiency in HOPE VI buyers on the benefits and savings when
activities must meet or exceed local new construction, which can achieve using Energy Star products and
building codes. You are encouraged to utility savings of 30 to 50 percent with appliances, and promoting the
read the policy statement and final minimal extra cost. designation of community buildings and
report of the HUD Review of Model (c) You are encouraged to negotiate homes as Energy Star compliant. For
Building Codes that identifies the with your local utility company to further information about Energy Star,
variances between the design and obtain a lower rate. Utility rates and tax see [Link] or call
construction requirements of the Fair laws vary widely throughout the 888–STAR–YES (888–782–7937), or for
Housing Act and several model building country. In some areas, PHAs are the hearing-impaired, call 888–588–
codes. That report can be found on the exempt or partially exempt from utility 9920 TTY. See also the energy efficiency
HUD Web site at [Link] rate taxes. Some PHAs have paid requirements in Section III.C. above. See
fhe/modelcodes. unnecessarily high utility rates because Section V.9.f. of this NOFA for the
(2) Deconstruction. HUD encourages they were billed at an incorrect rate Energy Star Rating Factor.
you to design programs that incorporate classification. (7) Lead-Based Paint. You must
sustainable construction and demolition (d) Local utility companies may be comply with lead-based paint
practices, such as the dismantling or able to provide grant funds to assist in evaluation and reduction requirements
‘‘deconstruction’’ of public housing energy efficiency activities. States may as provided for under the Lead-Based
units, recycling of demolition debris, also have programs that will assist in Paint Poisoning Prevention Act (42
and reusing of salvage materials in new energy efficient building techniques. U.S.C. 4821, et seq.). You also must
construction. ‘‘A Guide to (e) You must use new technologies comply with regulations at 24 CFR part
Deconstruction’’ can be found at http:// that will conserve energy and decrease 35, 24 CFR 965.701, and 24 CFR
[Link]/[Link]. operating costs where cost effective. 968.110(k), as they may be amended or
(3) Partnership for Advancing Examples of such technologies include: revised from time to time. Unless
Technology in Housing (PATH). HUD (i) Geothermal heating and cooling; otherwise provided, you will be
encourages you to use PATH (ii) Placement of buildings and size of responsible for lead-based paint
technologies in the construction and eaves that take advantage of the evaluation and reduction activities. The
delivery of replacement housing. PATH directions of the sun throughout the National Lead Information Hotline is
is a voluntary initiative that seeks to year; 800–424–5323.
accelerate the creation and widespread (iii) Photovoltaics (technologies that i. Labor Standards. The following
use of advanced technologies to convert light into electrical power); standards must be implemented as
radically improve the quality, (iv) Extra insulation; appropriate in regard to HOPE VI grants:
durability, environmental performance, (v) Smart windows; and (1) Labor Standards.
energy efficiency, and affordability of (vi) Energy Star appliances. (a) Davis-Bacon wage rates apply to
our Nation’s housing. (5) Universal Design. HUD encourages development of any public housing
(a) PATH’s goal is to achieve dramatic you to incorporate the principles of rental units or homeownership units
improvement in the quality of American universal design in the construction or developed with HOPE VI grant funds
housing by the year 2010. PATH rehabilitation of housing, retail and to demolition followed by
encourages leaders from the home establishments, and community construction on the site. Davis-Bacon
building, product manufacturing, facilities, or when communicating with rates are ‘‘prevailing’’ minimum wage
insurance and financial industries, and community residents at public meetings rates set by the Secretary of Labor that
jlentini on PROD1PC65 with NOTICES2
representatives from federal agencies or events. all laborers and mechanics employed in
dealing with housing issues to work (6) Energy Star. HUD has adopted a the development, including
together to spur housing design and wide-ranging energy action plan for rehabilitation, of a public housing
construction innovations. PATH will improving energy efficiency in all project must be paid, as set forth in a
provide technical support in design and program areas. As a first step in wage determination that the PHA must
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26621
obtain prior to bidding on each redeveloped public housing. Note that agencies, and developers in the
construction contract. The wage site-based waiting lists for public planning process, proposed
determination and provisions requiring housing must comply with Fair Housing implementation, and management of
payment of these wage rates must be requirements at 24 CFR 903.7(b)(2); your revitalization plan. This
included in the construction contract; (e) Instituting strict applicant involvement must be continuous from
(b) HUD-determined wage rates apply screening requirements such as credit the beginning of the planning process
to: checks, references, home visits, and through the implementation and
(i) Operation (including nonroutine criminal records checks; management of the grant, if awarded.
maintenance) of revitalized housing, (f) Strictly enforcing lease and (2) Resident Training Session. You
and eviction provisions; must conduct at least one training
(ii) Demolition followed only by (g) Improving the safety and security session for residents of the severely
filling in the site and establishing a of residents through the implementation distressed project on the HOPE VI
lawn. of defensible space principles and the development process. HUD does not
(2) Exclusions. Under Section 12(b) of installation of physical security systems prescribe the content of this meeting.
the 1937 Act, wage rate requirements do such as surveillance equipment, control (3) Public Meetings.
not apply to individuals who: engineering systems, etc; (a) You must conduct at least three
(a) Perform services for which they (h) Enhancing ongoing efforts to public meetings with residents and the
volunteered; eliminate drugs and crime from broader community, in order to involve
(b) Do not receive compensation for neighborhoods through collaborative them in a meaningful way in the process
those services or are paid expenses, efforts with federal, state, and local of developing the revitalization plan
reasonable benefits, or a nominal fee for crime prevention programs and entities and preparing the application. One of
the services; and such as: these meetings must have taken place at
(c) Are not otherwise employed in the (i) Local law enforcement agencies;
the beginning of the planning process.
work involved (24 CFR part 70). (ii) Your local United States Attorney;
(3) If other federal programs are used (iii) The Weed and Seed Program, if (b) These three public meetings must
in connection with your HOPE VI the targeted project is located in a take place on different days from each
activities, labor standards requirements designated Weed and Seed area. other and from the resident training
apply to the extent required by the other Operation Weed and Seed is a multi- session.
federal programs on portions of the agency strategy that ‘‘weeds out’’ violent (c) During these three meetings, you
project that are not subject to Davis- crime, gang activity, drug use, and drug must address the issues listed below
Bacon rates under the 1937 Act. trafficking in targeted neighborhoods (i.e., all issues need not be addressed at
j. Operation and Management and then ‘‘seeds’’ the target area by each meeting):
Principles and Policies, and restoring these neighborhoods through (i) The HOPE VI planning and
Management Agreement. HOPE VI social and economic revitalization. Law implementation process;
Revitalization grantees will be required enforcement activities constitute the (ii) The proposed physical plan,
to develop Management Agreements ‘‘weed’’ portion of the program. including site and unit design, and
that describe their operation and Revitalization, which includes whether the unit design is in
management principles and policies for prevention, intervention, and treatment compliance with Fair Housing Act and
their public housing units. You and services as well as neighborhood Uniform Federal Accessibility
your procured property manager, if restoration, constitutes the ‘‘seed’’. For Standards (UFAS) standards;
applicable, must comply (to the extent more information, see the Community (iii) The extent of proposed
required) with the provisions of 24 CFR and Safety and Conservation Web site at demolition;
part 966 in planning for the [Link] (iv) Planned community and
implementation of the operation and divisions/cscd/. supportive service activities;
management principles and policies k. Non-Fungibility for Moving To (v) Other proposed revitalization
described below. Work (MTW) PHAs. Funds awarded activities;
(a) Rewarding work and promoting under this NOFA are not fungible under (vi) Relocation issues, including
family stability by promoting positive MTW agreements and must be relocation planning, mobility
incentives such as income disregards accounted for separately, in accordance counseling, and maintaining the HOPE
and ceiling rents; with the HOPE VI Revitalization grant VI community planning process during
(b) Instituting a system of local Agreement, the requirements in OMB the demolition and reconstruction
preferences adopted in response to local Circulars A–87, ‘‘Cost Principles phases where temporary relocation, i.e.,
housing needs and priorities, e.g., Applicable to Grants, Contracts and relocation for a reasonable period (less
preferences for victims of domestic Other Agreements with State and Local than one year), is involved;
violence, residency preferences, Governments,’’ A–133, ‘‘Audits of (vii) Reoccupancy plans and policies,
working families, and disaster victims. States, Local Governments, and Non- including site-based waiting lists; and
Note that local preferences for public Profit Organizations’’ and the (viii) Section 3 and employment
housing must comply with Fair Housing regulations 24 CFR part 85, opportunities to be created as a result of
requirements at 24 CFR 960.206; ‘‘Administrative Requirements for redevelopment activities.
(c) Encouraging self-sufficiency by Grants and Cooperative Agreements to (4) Accessibility. All training sessions
including lease requirements that State, Local, and Federally Recognized and meetings must be held in facilities
promote involvement in the resident Indian Tribal Governments,’’, and that are accessible to persons with
association, performance of community GAAP. disabilities, provide services such as
service, participation in self-sufficiency l. Resident and Community day care, transportation, and sign
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26622 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
(5) Allowable Time Period for (b) The term ‘‘CSS Partners’’ refers to measurable endeavor that will enable
Training and Meetings. the agencies and organizations that you public housing residents to transition to
(a) At least one public meeting, which will work with to provide supportive other affordable housing programs and
included representation from both the services for residents. A partner could to market housing. Family Self-
involved public housing residents and be a local service organization such as Sufficiency (FSS) and CSS activities that
the community, must have been held at a Boys or Girls Club that donates its are designed to increase education and
the beginning of the revitalization building and staff to the program, or an income levels are considered a part of
planplanning period; agency such as the local Temporary this endeavor, as is the establishment of
(b) At least one training session must Assistance for Needy Families (TANF) reasonable limits on the length of time
have been held after the publication agency that works with you to ensure any household that is not headed by an
date of this NOFA in the Federal that their services are coordinated and elderly or disabled person can reside in
Register; and comprehensive. a public housing unit within a HOPE VI
(c) The minimum of two more public (c) Partner Agreements. There are Revitalization Development.
meetings must have been held after the several relationships that you may have (b) Neighborhood Networks. All
publication date of this NOFA in the with your partners: FY2006 Revitalization grantees will be
Federal Register. (i) Subgrant Agreements. You may required to establish Neighborhood
(d) The above minimum number of enter into subgrant agreements with Networks Centers (NNC) and to promote
trainings and meetings are required to nonprofit organizations or state or local the inclusion of infrastructure that
meet the Resident Involvement governments for the performance of CSS permits unit-based access to broadband
threshold in Section III.C.2 of this activities in accordance with your internet connectivity in all new and
NOFA. Additional meetings and approved CSS work plan. replacement public housing units. This
(ii) Contracts. You may enter into a program provides residents with on-site
trainings will be counted toward
contract with for-profit businesses, access to computer and training
demonstration of continual inclusion of
nonprofit organizations, or state or local resources that create knowledge and
the residents and community in the
governments for the performance of CSS experience with computers and the
rating factors.
activities in accordance with your Internet as tools to increase access to
m. CSS Program Requirements.
approved CSS work plan. CSS, job training, and the job market.
(1) Term Period. CSS programs and (iii) Memoranda of Understanding
services must last for the life of the grant Grantees may use HOPE VI funds to
(MOU). You may enter into an MOU establish NNCs and to provide unit-
and must be carefully planned so that with any entity that furnishes CSS
they will be sustainable after the HOPE based Internet connectivity. More
services for the performance of activities information on the requirements of the
VI grant period ends. in accordance with your approved CSS
(2) Allowed Funding Mechanisms: NNC program is available on the
work plan. However, if money is to Neighborhood Networks Web site at
(a) Maximum CSS grant amount. change hands, the MOU must be
Consistent with Sections 24(d)(1)(L) and [Link]
formalized with a contract or subgrant. [Link]. There will not be a
24(j)(3) of the 1937 Act, you may use up (iv) Informal Relationships. You may
to 15 percent of the total HOPE VI grant separate FY–2006 funded NOFA for
accept assistance from partners without HOPE VI Neighborhood Networks
to pay the costs of CSS activities. See prior documentation of your partner
Section III.B.1. of this NOFA for CSS programs.
relationship. However, informal (c) Quantifiable Goals. The objectives
grant matching requirements. You may relationships do not lend themselves to of your CSS program must be results-
spend additional sums on CSS activities planning and should definitely be oriented, with quantifiable goals and
using donations, other HUD funds made formalized and memorialized with a outcomes that can be used to measure
available for that purpose, other federal, binding contract or subgrant if money progress and make changes in activities
state, local, PHA, or private-sector changes hands. as necessary.
donations (leverage). (4) Tracking and Case Management. If (d) Appropriate Scale and Type.
(b) CSS Endowment Trust. Consistent selected, the grantee is responsible for (i) CSS activities must be of an
with Section 24(d)(2) of the 1937 Act, tracking and providing CSS programs appropriate scale, type, and variety to
you may deposit up to 15 percent of and services to residents currently meet the needs of all residents
your HOPE VI grant (the maximum living on the targeted public housing (including adults, seniors, youth ages 16
amount of the award allowable for CSS site and residents already relocated from to 21, and children) of the severely
activities) into an endowment trust to the site. It is imperative that case distressed project, including residents
provide CSS activities. In order to management services begin immediately remaining on-site, residents who will
establish an endowment trust, you must upon award so that residents who will relocate permanently to other PHA units
first execute with HUD a HOPE VI be relocated have time to participate in or Housing Choice Voucher-assisted
Endowment Trust Addendum to the and benefit from CSS activities before housing, residents who will relocate
grant agreement. When reviewing your leaving the site, and that residents who temporarily during the construction
request to set up an endowment trust, have already been relocated are able to phase, and new residents of the
HUD will take into consideration your participate in and benefit from CSS revitalized units.
ability to pay for current CSS activities activities. (ii) Non-public housing residents may
with HOPE VI or other funds and the (5) CSS Strategy and Objectives also participate in CSS activities, as long
projected long-term sustainability of the Requirements. as the primary participants in the
endowment trust to carry out those (a) Transition to Housing Self- activities are residents as described in
activities. Sufficiency. One of HUD’s major Section (i) above.
(3) CSS Team and Partners. priorities is to assist public housing (e) Coordination.
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(a) The term ‘‘CSS Team’’ refers to residents in their efforts to become (i) CSS activities must be consistent
PHA staff members and any consultants financially self-sufficient and less with state and local welfare reform
who will have the responsibility to dependent upon direct government requirements and goals.
design, implement, and manage your housing assistance. Your CSS program (ii) Your CSS activities must be
CSS program. must include a well-defined, coordinated with the efforts of other
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26623
service providers in your locality, to 24 who have dropped out of school. faith-based, and other community-based
including nonprofit organizations, Participants spend half their time organizations, should be more
educational institutions, and state and rehabilitating low-income housing and effectively used, and has placed a high
local programs. the other half in educational programs. priority on expanding opportunities for
(iii) CSS activities must be well- Youthbuild provides a vehicle for grassroots organizations to participate in
integrated with the physical achieving compliance with the objective developing solutions for their own
development process, both in terms of of Section 3, as described in Section neighborhoods. See HUD’s Center for
timing and the provision of facilities to III.C. of the General Section. More Faith-Based and Community Initiatives
house on-site service and educational information on HUD’s Youthbuild Web site at [Link]
activities. program can be found at http:// fbci/[Link].
(f) Your CSS program must provide [Link]/progdesc/[Link]. (a) HUD will consider an organization
appropriate community and supportive (b) Step-Up, an apprenticeship-based a ‘‘grassroots’’ organization if it is
services to residents prior to any employment and training program that headquartered in the local community
relocation. provides career potential for low- to which it provides services; and
n. CSS Partnerships and Resources. income persons by enabling them to (i) Has an annual social services
The following are the kinds of work on construction projects that have budget of no more than $300,000. This
organizations and agencies that can certain prevailing wage requirements. cap includes only the portion of the
provide you with resources necessary to Step-Up encourages work by offering organization’s budget allocated to
carry out and sustain your CSS apprenticeships through which low- providing social services. It does not
activities. income participants earn wages while include other portions of the budget
(1) Local Boards of Education, public learning skills on the job, supplemented such as salaries and expenses; or
libraries, local community colleges, by classroom-related instruction. Step- (ii) Has six or fewer full-time
institutions of higher learning, nonprofit Up can also contribute to a PHA’s effort equivalent employees.
or for-profit educational institutions, to meet the requirements of Section 3. (b) Local affiliates of national
and public/private mentoring programs More information can be found at http:// organizations are not considered
that will lead to new or improved [Link]/progdesc/[Link]. ‘‘grassroots.’’
educational facilities and improved (9) Sources of capital such as o. Fair Housing and Equal
educational achievement of young foundations, banks, credit unions, and Opportunity Requirements.
people in the revitalized development, charitable, fraternal, and business (1) Site and Neighborhood Standards
from birth through higher education. organizations. for Replacement Housing. You must
(2) TANF agencies/welfare (10) Nonprofit organizations such as comply with the Fair Housing Act and
departments for TANF and non-TANF the Girl Scouts and the Urban League, Title VI of the Civil Rights Act of 1964,
in-kind services, and non-TANF cash each of which has a Memorandum of and regulations thereunder. In
donations, e. g., donation of TANF Agreement (MOA) with HUD. Copies of determining the location of any
agency staff. these MOAs can be found on the replacement housing, you must comply
(3) Job development organizations Community and Supportive Services with either the site and neighborhood
that link private sector or nonprofit page of the HOPE VI Web site at http:// standards regulations at 24 CFR 941.202
employers with low-income prospective [Link]/hopevi. (b)–(d) or with the standards outlined in
employees. (11) Civil rights and fair housing this NOFA. Because the objective of the
(4) Workforce Development Agencies. organizations. HOPE VI program is to alleviate
(5) Organizations that provide (12) Local area agencies on aging. distressed conditions at the
residents with job readiness and (13) Local agencies and organizations development and in the surrounding
retention training and support. serving persons with disabilities. neighborhood, replacement housing
(6) Economic development agencies (14) Nonprofit organizations such as under HOPE VI that is located on the
such as the Small Business grassroots faith-based and other site of the existing development or in its
Administration, which provide community-based organizations. HUD surrounding neighborhood will not
entrepreneurial training and small encourages you to partner or subgrant require independent approval by HUD
business development centers. with nonprofit organizations, including under Site and Neighborhood
(7) National corporations, local grassroots faith-based and other Standards. The term ‘‘surrounding
businesses, and other large institutions community-based organizations, to neighborhood’’ means the neighborhood
such as hospitals that can commit to provide CSS activities. Such within a three-mile radius of the site of
provide entry-level jobs. Employers may organizations have a strong history of the existing development.
agree to train residents or commit to providing vital community services (a) HOPE VI Goals Related to Site and
hire residents after they complete jobs such as job training, childcare, Neighborhood Standards. You are
preparedness or training programs that relocation supportive services, youth expected to ensure that your
are provided by you, other partners, or programs, technology training, revitalization plan will expand assisted
the employer itself. transportation, substance abuse housing opportunities outside low-
(8) Programs that integrate programs, crime prevention, health income areas and areas of minority
employment training, education, and services, assistance to the homeless and concentration and will accomplish
counseling, and where creative homelessness prevention, counseling substantial revitalization in the project
partnerships with local boards of individuals and families on fair housing and its surrounding neighborhood. You
education, state charter schools, TANF rights, providing elderly housing are also expected to ensure that eligible
agencies, foundations, and private opportunities, and homeownership and households of all races and ethnic
funding sources have been or could be rental housing opportunities in the groups will have equal and meaningful
jlentini on PROD1PC65 with NOTICES2
established, such as: neighborhood of their choice. HUD access to the housing.
(a) Youthbuild. HUD’s Youthbuild believes that grassroots organizations, (b) Objectives in Selecting HUD-
program provides grants to e.g., civic organizations, faith- Assisted Sites. The fundamental goal of
organizations that provide education communities, national and local self- HUD’s fair housing policy is to make
and job training to young adults ages 16 help homeownership organizations, full and free housing choice a reality.
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26624 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
Housing choice requires that all you demonstrate to the satisfaction of [Link]
households may choose the type of HUD that: [Link].
neighborhood where they wish to (i) You have made determined and (b) Specific Fair Housing
reside, that minority neighborhoods are good faith efforts, and found it requirements are:
no longer deprived of essential public impossible with the resources available, (i) The Fair Housing Act (42 U.S.C.
and private resources, and that stable, to acquire an appropriate site(s) in an 3601–19) and regulations at 24 CFR part
racially-mixed neighborhoods are area not of minority concentration; or 100.
available as a meaningful choice for all. (ii) The replacement housing, taking (ii) The prohibitions against
To make full and free housing choice a into consideration both the CSS discrimination on the basis of disability,
reality, sites for HUD-assisted housing activities or other revitalizing activities including requirements that multifamily
investment should be selected so as to included in the revitalization plan, and housing projects comply with the
advance two complementary goals: any other revitalization activities in Uniform Federal Accessibility
(i) Expand assisted housing operation or firmly planned, will Standards, and that you make
opportunities in non-minority contribute to the stabilization or reasonable accommodations to
neighborhoods, opening up choices improvement of the neighborhood in individuals with disabilities under
throughout the metropolitan area for all which it is located, by addressing any Section 504 of the Rehabilitation Act of
assisted households; and serious deficiencies in services, safety, 1973 (29 U.S.C. 794) and regulations at
(ii) Reinvest in minority economic opportunity, educational 24 CFR part 8.
neighborhoods, improving the quality opportunity, and housing stock. (iii) Title II of the Americans with
and affordability of housing there to (g) Area of Minority Concentration. Disabilities Act (42 U.S.C 12101 et seq.)
represent a real choice for assisted The term ‘‘area of minority and its implementing regulations at 28
households. concentration’’ is any neighborhood in CFR part 35.
(c) Nondiscrimination and Equal which: (iv) The Architectural Barriers Act of
Opportunity Requirements. You must (i) The percentage of households in a 1968 (42 U.S.C. 4151) and the
comply with the Fair Housing Act, Title particular racial or ethnic minority regulations at 24 CFR part 40.
VI of the Civil Rights Act of 1964, group is at least 20 percentage points (c) Accessible Technology. The
Section 504 of the Rehabilitation Act of higher than the percentage of that Rehabilitation Act Amendments of 1998
1973, and implementing regulations in minority group for the housing market apply to all electronic information
determining the location of any area; i.e., the Metropolitan Statistical technology (EIT) used by a grantee for
replacement housing. Area (MSA) in which the proposed transmitting, receiving, using, or storing
(d) Grantee Election of Requirements. housing is to be located; information to carry out the
You may, at your election, separately (ii) The neighborhood’s total responsibilities of any federal grant
with regard to each site you propose, percentage of minority persons is at awarded. It includes, but is not limited
comply with the development least 20 percentage points higher than to, computers (hardware, software, word
regulations regarding Site and the total percentage of all minorities for processing, email, and web pages),
Neighborhood Standards (24 CFR the MSA as a whole; or facsimile machines, copiers, and
941.202 (b)–(d)), or with the Site and (iii) In the case of a metropolitan area, telephones. When developing,
Neighborhood Standards contained in the neighborhood’s total percentage of procuring, maintaining, or using EIT,
this Section. minority persons exceeds 50 percent of grantees must ensure that the EIT
(e) Replacement housing located on its population. allows:
site or in the surrounding neighborhood. (2) Housing and Services for Persons (i) Employees with disabilities to have
Replacement housing under HOPE VI with Disabilities. access to and use information and data
that is located on the site of the existing (a) Accessibility Requirements. HOPE that are comparable to the access and
project or in its surrounding VI developments are subject to the use of data by employees who do not
neighborhood will not require accessibility requirements contained in have disabilities; and
independent approval under Site and several federal laws. All applicable laws (ii) Members of the public with
Neighborhood Standards, since HUD must be read together and followed. PIH disabilities seeking information or
will consider the scope and impact of Notice 2003–31, available at http:// service from a grantee must have access
the proposed revitalization to alleviate [Link]/offices/pih/publications/ to and use of information and data that
severely distressed conditions at the notices/, and subsequent updates, are comparable to the access and use of
public housing project and its provide an overview of all pertinent data by members of the public who do
surrounding neighborhood in assessing laws and implementing regulations not have disabilities. If these standards
the application to be funded under this pertaining to HOPE VI. All HOPE VI impose an undue burden on a grantee,
NOFA. multifamily housing projects, whether they may provide an alternative means
(f) Off-Site Replacement Housing they involve new construction or to allow the individual to use the
Located Outside of the Surrounding rehabilitation, are subject to the Section information and data. No grantee will be
Neighborhood. Unless you demonstrate 504 accessibility requirements described required to provide information services
that there are already significant in 24 CFR part 8. See in particular, 24 to a person with disabilities at any
opportunities in the metropolitan area CFR 8.20–8.24. In addition, under the location other than the location at
for assisted households to choose non- Fair Housing Act, all new construction which the information services are
minority neighborhoods (or these of covered multifamily buildings must generally provided.
opportunities are under development), contain certain features of accessible p. Relocation Requirements.
HOPE VI replacement housing not and adaptable design. Units covered are (1) Requirements.
jlentini on PROD1PC65 with NOTICES2
covered by Section (e) above may not be all those in elevator buildings with four (a) You must carry out relocation
located in an area of minority or more units and all ground floor units activities in compliance with a
concentration (as defined in paragraph in buildings without elevators. The relocation plan that conforms to the
(g) below) without the prior approval of relevant accessibility requirements are following statutory and regulatory
HUD. Such approval may be granted if provided in HUD’s FHEO Web site at requirements, as applicable:
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26625
(i) Relocation or temporary relocation provided with CSS activities such as appeal to the market segments for which
carried out as a result of rehabilitation mobility counseling and direct they are intended. Housing, community
under an approved revitalization plan is assistance in locating housing. Your facilities, and economic development
subject to the Uniform Relocation HOPE VI Relocation plan must serve to space must be well integrated. You must
Assistance and Real Property minimize permanent displacement of select members of your team who have
Acquisition Policies Act of 1970 (URA), current residents of the public housing the ability to meet these requirements.
the URA regulations at 49 CFR part 24, site who wish to remain in or return to s. Internet Access. You must have
and regulations at 24 CFR 968.108 or the revitalized community. Your HOPE access to the Internet and provide HUD
successor part. VI Relocation plan must also furnish with e-mail addresses of key staff and
(ii) Relocation carried out as a result alternative permanent housing for contact people.
of acquisition under an approved current residents of the public housing t. Non-Public Housing Funding for
revitalization plan is subject to the URA site who do not wish to remain in or Non-Public Housing or Replacement
and regulations at 24 CFR 941.207 or return to the revitalized community. Units. Public housing funds may only
successor part. Your CSS program must provide for the be used to develop Replacement
(iii) Relocation carried out as a result delivery of community and supportive Housing. You may not use public
of disposition under an approved services to residents prior to any housing funds, which include HOPE VI
revitalization plan is subject to Section relocation, temporary or permanent. funds, to develop: retail or commercial
18 of the 1937 Act, as amended. (b) You are encouraged to involve space; economic development space; or
(iv) Relocation carried out as a result HUD-approved housing counseling housing units that are not Replacement
of demolition under an approved agencies, including faith-based, Housing, as defined in this NOFA
revitalization plan is subject to the URA nonprofit and other organizations, and u. Market-Rate Housing and
regulations at 24 CFR part 24. individuals in the community to which
(b) You must provide suitable, Economic Development. If you include
relocatees choose to move, in order to market-rate housing, economic
accessible, decent, safe, and sanitary ease the transition and minimize the
housing for each family required to development, or retail structures in your
impact on the neighborhood. HUD will revitalization plan, such proposals must
relocate as a result of revitalization view favorably innovative programs
activities under your revitalization plan. be supported by a market assessment
such as community mentors, support from an independent third party,
Any person (including individuals, groups, and the like.
partnerships, corporations, or credentialed market research firm, or
(c) If applicable, you are encouraged
associations) who moves from real professional. This assessment should
to work with surrounding jurisdictions
property or moves personal property describe its assessment of the demand
to assure a smooth transition if residents
from real property directly (1) because and associated pricing structure for the
choose to move from your jurisdiction
of a written notice to acquire real proposed residential units, economic
to the surrounding area.
property in whole or in part, or (2) q. Well-Functioning Communities. See development or retail structures, based
because of the acquisition of the real Section V.A. of this NOFA for on the market and economic conditions
property, in whole or in part, for a HUD- requirements that the unit mix of on- of the project area.
assisted activity, is covered by federal site, off-site and homeownership units v. Eminent Domain and Public Use.
relocation statute and regulations. create a well-functioning community. Section 726 of the FY 2006 HUD
Specifically, this type of move is r. Design. HUD is seeking excellence Appropriations Act, under which this
covered by the acquisition policies and in design. You must carefully select NOFA is funded, prohibits any use of
procedures and the relocation your architects and planners, and enlist these funds ‘‘to support any Federal,
requirements of the URA, and the local affiliates of national architectural State, or local projects that seek to use
implementing government-wide and planning organizations such as the the power of eminent domain, unless
regulation at 49 CFR part 24, and Notice American Institute of Architects, the eminent domain is used only for a
CPD 04–02 (and any successor notice), American Society of Landscape public use.’’ The term ‘‘public use’’ is
‘‘Revision to Notice CPD 02–8, Guidance Architects, the American Planning expressly stated not ‘‘to include
on the Application of the Uniform Association, the Congress for the New economic development that primarily
Relocation Assistance and Real Property Urbanism, and the department of benefits private entities.’’ Accordingly,
Acquisition Policies Act of 1970 (URA), architecture at a local college or applications under this NOFA may not
as Amended, in HOPE VI Projects’’. The university to assist you in assessing propose mixed-use projects in which
relocation requirements of the URA and qualifications of design professionals or housing is complemented appreciably
the government-wide regulations, as participating on a selection panel that with commercial facilities (i.e.,
well as CPD Notice 02–08, cover any results in the procurement of excellent economic development) if eminent
person who moves permanently from design services. You should select a domain is used for the site.
real property or moves personal design team that is committed to a w. Cost Control Standards.
property from real property directly process in which residents, including (1) Your hard development costs must
because of acquisition, rehabilitation, or young people and seniors, the broader be realistically developed through the
demolition for an activity undertaken community, and other stakeholders use of technically competent
with HUD assistance. participate in designing the new methodologies, including cost
(2) Relocation Plan. Each applicant community. estimating services, and should be
must complete a HOPE VI Relocation Your proposed site plan, new units, comparable to industry standards for the
plan in accordance with the and other buildings must be designed to kind of construction to be performed in
requirements stated in Section IV.B. of be compatible with and enrich the the proposed geographic area.
this NOFA. surrounding neighborhood. Local (2) Your cost estimates must represent
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(a) The HOPE VI Relocation plan is architecture and design elements and an economically viable preliminary plan
intended to ensure that PHAs adhere to amenities should be incorporated into for designing, planning, and carrying
the URA and that all residents who have the new or rehabilitated homes so that out your proposed activities in
been or will be temporarily or the revitalized sites and structures will accordance with local costs of labor,
permanently relocated from the site are blend into the broader community and materials, and services.
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26626 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
(3) Your projected soft costs must be Compliance Checkpoints Report, as for denial or termination of an award
reasonable and comparable to industry approved by HUD. and possible punishment as provided in
standards. Upon award, soft costs will z. HOPE VI Endowment Trust 18 U.S.C. 1001.
be subject to HUD’s ‘‘Safe Harbor’’ cost Addendum to the Grant Agreement. ee. Prohibition Against Lobbying
control standards. For rental units, these This document must be executed Activities. Applicants are subject to the
safe harbors provide specific limitations between the grantee and HUD in order provisions of Section 319 of Public Law
on such costs as developer’s fees for the grantee to use CSS funds in 101–121 (approved October 23, 1989)
(between 9 and 12 percent), PHA accordance with this NOFA. (31 U.S.C. 1352) (the Byrd Amendment),
administration/consultant cost (no more aa. Revitalization Plan. After HUD which prohibits recipients of federal
than 3 to 6 percent of the total project conducts a post-award review of your contracts, grants, or loans from using
budget), contractor’s fee (6 percent), application and makes a visit to the site, appropriated funds for lobbying the
overhead (2 percent), and general you will be required to submit executive or legislative branches of the
conditions (6 percent). HUD’s Cost components of your revitalization plan federal government in connection with
Control and Safe Harbor Standards can to HUD, as provided in the HOPE VI a specific contract, grant, or loan. In
be found on HUD’s HOPE VI Web site. Revitalization grant Agreement. These addition, applicants must disclose,
x. Timeliness of Development components include, but are not limited using Standard Form LLL (SF–LLL),
Activity. Grantees must proceed within to: ‘‘Disclosure of Lobbying Activities,’’ any
a reasonable timeframe, as indicated a. Supplemental Submissions, funds, other than federally appropriated
below. In determining reasonableness of including a HOPE VI Program Budget; funds, that will be or have been used to
such timeframe, HUD will take into b. A Community and Supportive influence federal employees, members
consideration those delays caused by Services work plan, in accordance with of Congress, or congressional staff
factors beyond your control. These guidance provided by HUD; regarding specific grants or contracts.
timeframes must be reflected in the form c. A standard or mixed-finance Federally recognized Indian tribes and
of a program schedule, in accordance development proposal, as applicable; tribally designated housing entities
d. A demolition and disposition (TDHEs) established by federally
with the timeframes below:
application, as applicable; and recognized Indian tribes as a result of
1. Grantees must submit e. A homeownership proposal, as
Supplemental Submissions within 90 the exercise of the tribe’s sovereign
applicable. power are excluded from coverage of the
days from the date of HUD’s written bb. Pre-Award Accounting System
request. Byrd Amendment, but state-recognized
Surveys. HUD may arrange for a pre- Indian tribes and TDHEs established
2. Grantees must submit CSS work award survey of the applicant’s only under state law must comply with
plans within 90 days from the execution financial management system in cases this requirement. Applicants must
of the grant agreement. where the recommended applicant has submit the SF–LLL if they have used or
3. Grantees must start construction no prior federal support, HUD’s program intend to use federal funds for lobbying
within 12 months from the date of officials have reason to question activities.
HUD’s approval of the Supplemental whether the applicant’s financial ff. Conducting Business in
Submissions as requested by HUD after management system meets federal Accordance with Core Values and
grant award. This time period may not financial management standards, or the Ethical Standards. Applicants subject to
exceed 18 months from the date the applicant is considered a high risk 24 CFR parts 84 and 85 (most nonprofit
grant agreement is executed. based upon past performance or organizations and state, local, and tribal
4. Grantees must submit the financial management findings. HUD governments or government agencies or
development proposal (i.e., whether will not disburse funds to any applicant instrumentalities that receive federal
mixed-finance development, that does not have a financial awards of financial assistance) are
homeownership development, etc.) for management system that meets federal required to develop and maintain a
the first phase of construction within 12 standards. written code of conduct (see 24 CFR
months of grant award. The program cc. Name Check Review. Applicants 84.42 and 85.36(b)(3)). Consistent with
schedule must indicate the date on are subject to a name check review regulations governing specific programs,
which the development proposal for process. Name checks are intended to your code of conduct must prohibit real
each phase of the revitalization plan reveal matters that significantly reflect and apparent conflicts of interest that
will be submitted to HUD. on the applicant’s management and may arise among officers, employees, or
5. The closing of the first phase must financial integrity, or if any key agents; prohibit the solicitation and
take place within 15 months of grant individual has been convicted or is acceptance of gifts or gratuities by your
award. For this purpose, ‘‘closing’’ presently facing criminal charges. If the officers, employees, or agents for their
means all financial and legal name check reveals significant adverse personal benefit in excess of minimal
arrangements have been executed and findings that reflect on the business value; and outline administrative and
actual activities (construction, etc.) are integrity or responsibility of the disciplinary actions available to remedy
ready to commence. applicant or any key individual, HUD violations of such standards. Before
6. Grantees must complete reserves the right to (1) deny funding or entering into an agreement with HUD,
construction within 48 months from the consider suspension or termination of applicants awarded assistance under a
date of HUD’s approval of your an award immediately for cause, (2) HUD program NOFA announced in
Supplemental Submissions. This time require the removal of any key FY2006 will be required to submit a
period for completion may not exceed individual from association with copy of its code of conduct and describe
54 months from the date the grant management or implementation of the the methods it will use to ensure that all
agreement is executed. award, and (3) make appropriate officers, employees, and agents of its
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7. All other required components of provisions or revisions with respect to organization are aware of its code of
the revitalization plan and any other the method of payment or financial conduct. Applicants are prohibited from
submissions not mentioned above must reporting requirements. receiving an award of funds from HUD
be submitted in accordance with the dd. False Statements. A false if they fail to meet this requirement for
Quarterly Report Administrative and statement in an application is grounds a code of conduct. Applicants that
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26627
submitted an application during FY2004 accessible housing in neighborhoods number of planned new construction
or FY2005 and included a copy of their across the country, creating economic public housing units may not result in
code of conduct will not be required to development programs, and supporting a net increase from the number of public
submit another copy if the applicant is the residents of public housing housing units owned, assisted or
listed on HUD’s Web site at http:// facilities. HUD seeks to make its operated by the public housing
[Link]/offices/adm/grants/ programs more effective, efficient, and authority on October 1, 1999, including
codeofconduct/[Link] and if the accessible by expanding opportunities any public housing units demolished as
information has not been revised. for grassroots organizations to part of any revitalization effort. The
Applicants not listed on the HUD Web participate in developing solutions for total number of units to be developed
site must submit a copy of their code of their own neighborhoods. Additionally, may be less than, or more than, the
conduct with their FY2006 application HUD encourages applicants to include original number of public housing units
for assistance. Applicants must also these grassroots faith-based and other in the targeted public housing project.
include a copy of their code of conduct community-based organizations in their HUD will review requests to revitalize
if the information listed on HUD’s Web work plans. Applicants, their partners, projects with small numbers of units on
site has changed (e.g., the person who and participants must review the an equal basis with those with large
submitted the previous application is no individual FY2006 HUD program numbers of units.
longer your authorized organization announcements to determine whether ii. Environmental Requirements.
representative, the organization has they are eligible to apply for funding a. HUD Approval. HUD notification
changed its legal name or merged with directly or whether they must establish that you have been selected to receive
another organization, or the address of a working relationship with an eligible a HOPE VI grant constitutes only
the organization has changed, etc.). applicant in order to participate in a preliminary approval. Grant funds may
Applicants that need to may submit HUD funding opportunity. Grassroots not be released under this NOFA
their code of conduct to HUD via faith-based and other community-based (except for activities that are excluded
facsimile using the form HUD–96011, organizations, and applicants that from environmental review under 24
Facsimile Transmittal. When using the currently or propose to partner, fund, CFR part 58 or 50) until the responsible
facsimile transmittal form, please type subgrant, or subcontract with grassroots entity, as defined in 24 CFR 58.2(a)(7),
the requested information. Use HUD– organizations (including grassroots completes an environmental review and
96011 as the cover page to the faith-based or other community-based you submit and obtain HUD approval of
submission and include in the top line nonprofit organizations eligible under a request for release of funds and the
of the form under ‘‘Name of Document applicable program regulations) in responsible entity’s environmental
Being Requested,’’ ‘‘Code of Conduct for conducting their work programs will certification in accordance with 24 CFR
(insert organization name, city, and receive higher rating points as specified part 58 (or HUD has completed an
state),’’ and fax the information to in the individual FY2006 HUD program environmental review under 24 CFR
HUD’s toll-free number at (800) HUD– announcements. part 50 where HUD has determined to
1010. If you cannot access the 800 (2) Definitions of Grassroots do the environmental review).
number or have problems, you may use Organizations. b. Responsibility. If you are selected
(215) 825–8798 (this is not a toll-free (a) HUD will consider an organization for funding and an environmental
number). When received HUD will a ‘‘grassroots organization’’ if the review has not been conducted on the
update the information on its Code of organization is headquartered in the targeted site, the responsible entity must
Conduct Web site. local community in which it provides assume the environmental review
gg. Providing Full and Equal Access to services; and responsibilities for projects being
Grassroots Faith-Based and Other (i) Has a social services budget of funded by HOPE VI. If you object to the
Community-Based Organizations in $300,000 or less, or responsible entity conducting the
HUD Program Implementation. (ii) Has six or fewer full-time environmental review, on the basis of
(1) HUD encourages nonprofit equivalent employees. performance, timing, or compatibility of
organizations, including grassroots (b) Local affiliates of national objectives, HUD will review the facts
faith-based and other community-based organizations are not considered and determine who will perform the
organizations, to participate in the vast ‘‘grassroots.’’ Local affiliates of national environmental review. At any time,
array of programs for which funding is organizations are encouraged, however, HUD may reject the use of a responsible
available through HUD’s programs. HUD to partner with grassroots organizations, entity to conduct the environmental
also encourages states, units of local but must demonstrate that they are review in a particular case on the basis
government, universities, colleges, and currently working with a grassroots of performance, timing, or compatibility
other organizations to partner with organization (e.g., having a grassroots of objectives, or in accordance with 24
grassroots organizations (e.g., civic faith-based or other community-based CFR 58.77(d)(1). If a responsible entity
organizations, faith communities, and organization provide volunteers). objects to performing an environmental
grassroots faith-based and other (c) The cap provided in paragraph review, or if HUD determines that the
community-based organizations) that (2)(a)(i) above includes only that portion responsible entity should not perform
have not been effectively utilized. These of an organization’s budget allocated to the environmental review, HUD may
grassroots organizations have a strong providing social services. It does not designate another responsible entity to
history of providing vital community include other portions of the budget, conduct the review or may itself
services, such as assisting the homeless such as salaries and expenses, not conduct the environmental review in
and preventing homelessness, directly expended in the provision of accordance with the provisions of 24
counseling individuals and families on social services. CFR part 50. You must provide any
fair housing rights, providing elderly hh. Number of Units. The number of documentation to the responsible entity
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housing opportunities, developing first- units that you plan to develop should (or HUD, where applicable) that is
time homeownership programs, reflect your need for replacement units, needed to perform the environmental
increasing homeownership and rental the need for other affordable units and review.
housing opportunities in neighborhoods the market demand for market units, c. Phase I and Phase II Environmental
of choice, developing affordable and along with financial feasibility. The Site Assessments. If you are selected for
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26628 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
funding, you must have a Phase I f. If the environmental review is not grant award, as long as the dollar
environmental site assessment completed and you have not submitted requirement is met.
completed in accordance with the the RROF before HUD approval of the mm. Grantee Enforcement. Grantees
ASTM Standards E 1527–00, as supplemental submissions, the letter must pursue and enforce any
amended, for each affected site. A Phase approving the supplemental commitment (including commitments
I assessment is required whether the submissions will instruct you and any for services) obtained from any public or
environmental review is completed participant in the revitalization process private entity for any contribution or
under 24 CFR part 50 or 24 CFR part 58. to refrain from undertaking, obligating, commitment to the project or
The results of the Phase I assessment or expending HUD or non-HUD funds surrounding area that was part of the
must be included in the documents that on physical activities or other choice- match amount.
must be provided to the responsible limiting actions until HUD approves nn. LOCCS Requirements. The grantee
entity (or HUD) for the environmental your RROF and the related certification must record all obligations and
review. If the Phase I assessment of the responsible entity (or HUD has expenditures in LOCCS.
recognizes environmental concerns or if completed the environmental review). oo. Final Audit. Grantees are required
the results are inconclusive, a Phase II The supplemental submissions approval to obtain a complete final closeout audit
environmental site assessment will be letter also will advise you that the of the grant’s financial statements by a
required. approved supplemental submissions certified public accountant (CPA), in
d. Request for Release of Funds. You, may be modified on the basis of the accordance with generally accepted
and any participant in the development results of the environmental review. government audit standards. A written
process, may not undertake any actions g. There must not be any open issues report of the audit must be forwarded to
with respect to the project that are or uncertainties related to HUD within 60 days of issuance. Grant
choice-limiting or could have environmental issues, public policy recipients must comply with the
environmentally adverse effects, factors (such as sewer moratoriums), requirements of 24 CFR part 84 or 24
including demolishing, acquiring, proper zoning, availability of all CFR part 85 as stated in OMB Circulars
rehabilitating, converting, leasing, necessary utilities, or clouds on title A–110, A–87, and A–122, as applicable.
repairing, or constructing property that would preclude development in the pp. Section 3. HOPE VI grantees must
proposed to be assisted under this requested locality. You will certify to comply with Section 3 of the Housing
NOFA, and you, and any participant in these facts when signing the HOPE VI and Urban Development Act of 1968 (12
Revitalization Grant Application U.S.C. 1701u) (Economic Opportunities
the development process, may not
Certifications. for Low- and Very Low-Income Persons
commit or expend HUD or local funds
h. HUD’s environmental Web site is in Connection with assisted Projects)
for these activities, until HUD has located at [Link]
approved a Request for Release of Funds and its implementing regulations at 24
cpd/energyenviron/environment/ CFR part 135. Information about Section
following a responsible entity’s [Link].
environmental review under 24 CFR 3 can be found at HUD’s Section 3 Web
kk. Match Donations and Leverage site at [Link]
part 58, or until HUD has completed an Resources—Post Award. After award,
environmental review and given [Link].
during review of grantee mixed-finance, qq. General Section References. The
approval for the action under 24 CFR development or homeownership
part 50. In addition, you must carry out following sub-sections of Section III.C.
proposals, HUD will evaluate the nature of the General Section are hereby
any mitigating/remedial measures of Match and Leverage resources to
required by the responsible entity (or incorporated by reference:
assess the conditions precedent to the (1) The Americans with Disabilities
HUD). If a remediation plan, where availability of the funds to the grantee.
required, is not approved by HUD and Act of 1990;
HUD will assess the availability of the (2) Affirmatively Furthering Fair
a fully-funded contract with a qualified participating party(ies)’s financing, the Housing;
contractor licensed to perform the amount and source of financing (3) Economic Opportunities for Low-
required type of remediation is not committed to the proposal by the and Very Low-Income Persons (Section
executed, HUD reserves the right to participating party(ies), and the firm 3);
determine that the grant is in default. commitment of those funds. HUD may (4) Executive Order 13166, Improving
e. If the environmental review is require an opinion of the PHA’s and the Access to Services for Persons With
completed before HUD approval of the owner entity’s counsel (or other party Limited English Proficiency (LEP);
HOPE VI Supplemental Submissions designated by HUD) attesting that (5) Accessible Technology;
and you have submitted your Request counsel has examined the availability of (6) Procurement of Recovered
for Release of Funds (RROF), the the participating party(ies)’s financing, Materials;
supplemental submissions approval and the amount and source of financing (7) Participation in HUD-Sponsored
letter shall state any conditions, committed to the proposal by the Program Evaluation;
modifications, prohibitions, etc. as a participating party(ies), and has (8) Executive Order 13202,
result of the environmental review, determined that such financing has been Preservation of Open Competition and
including the need for any further firmly committed by the participating Government Neutrality Towards
environmental review. You must carry party(ies) for use in carrying out the Government Contractors’ Labor
out any mitigating/remedial measures proposal, and that such commitment is Relations on Federal and Federally
required by HUD, or select an alternate in the amount required under the terms Funded Construction Projects;
eligible property, if permitted by HUD. of the proposal. (9) OMB Circulars and Government-
If HUD does not approve the ll. Evidence of Use. Grantees will be wide Regulations Applicable to
remediation plan and a fully funded required to show evidence that Financial Assistance Programs; and
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contract with a qualified contractor matching resources were actually (10) Drug-Free Workplace.
licensed to perform the required type of received and used for their intended rr. Program Requirements that Apply
remediation is not executed, HUD purposes through quarterly reports as to Match. If the commitment document
reserves the right to determine that the the project proceeds. Sources of for any match funds/in-kind services is
grant is in default. matching funds may be substituted after not included in the application and
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26629
provided before the NOFA submission counted. Down payment assistance may directory of which can be found at
date, the related match will not be be counted as a physical development [Link]
considered. Depending upon the resource if it is provided by a third party statehfadirectory/[Link].
specific Memorandum of Understanding entity not related to the homebuyer. (iii) Only LIHTC commitments that
(MOU), the MOU alone may not firmly (f) Funds committed to build private have been secured as of the application
commit Match funds, e.g., the MOU sector housing in direct connection with submission date will be considered for
states that a donation agreement may be the HOPE VI Revitalization plan. the scoring under this NOFA. LIHTC
discussed in the future. If the MOU does (g) Tax Increment Funding (TIF). commitments that are not secured (i.e.,
firmly commit funds, the MOU language (h) Tax Exempt Bonds. Your documentation in the application does
that does so should be highlighted or application must include a description not demonstrate they have been
mentioned in the application. To ensure of the use and term. reserved by the state or local housing
inclusion of Match funds, MOUs should (i) Other Public Housing Funds. Other finance agency) will not be counted for
be accompanied by commitment letters public housing sources include HOPE scoring. Only tax credits that have been
or contracts. VI Revitalization funds from other reserved specifically for revitalization
ss. Program Requirements that Apply grants, HOPE VI Demolition funds, performed through this NOFA will be
to Match and Leverage. HOPE VI Neighborhood Networks counted.
1. You must actively enlist other funds, HOPE VI Main Street funds, (iv) Endorsements or general letters of
stakeholders who are vested in and can Capital Fund program funds, and support from organizations or vendors
provide significant financial assistance proposals to use operating subsidy for alone will not count as resources and
to your revitalization effort, both for debt service. These HUD public housing should not be included in the
physical development and CSS. funds will NOT be counted for points application or on a Resources Summary
2. Types of Resources. HUD seeks to under CSS, Development and Collateral Form.
fund mixed-finance developments that leverage in this NOFA. However, they (v) If you propose to include LIHTC
use HOPE VI funds to leverage the can be used as part of your revitalization equity as a development resource for
maximum amount of other funds, plan. Other public housing funds, any phase of development, your
particularly from private sources, that except for HOPE VI Revitalization application must include a LIHTC
will result in revitalized public housing, funds, will be counted toward your reservation letter from your state or
other types of assisted and market-rate leverage rating for anticipatory leverage local housing finance agency in order to
housing, and private retail and and may be used toward your match have the tax credit amounts counted as
economic development. There are four requirement. development leveraging. This letter
types of resources: Development, CSS, (j) Other Federal Funds. Other federal must constitute a firm commitment and
Anticipatory, and Collateral. sources may include non-public can only be conditioned on the receipt
Development and CSS match and housing funds provided by HUD. of the HOPE VI grant. HUD
leverage are program requirements, the (k) Sale of Land. The value of land acknowledges that, depending on the
types of resources for which are may be included as a development housing finance agency, documentation
discussed below. Anticipatory and resource only if this value is a sales for four percent tax credits may be
Collateral leverage are included only in proceed. Absent a sales transaction, the represented in the form of a tax-exempt
the Leverage rating factor. value of land may not be counted. bond award letter. Accordingly, it will
3. Development Resources. (l) Donations of Land. Donations of be accepted for match/leverage scoring
(1) Types of Development Resources. land may be counted as a development purposes under Section V.A. of this
Types of Development Resources may resource, only if the donating entity NOFA, if you demonstrate that this is
include: owns the land to be donated. Donating the only available evidence of four
(a) Private mortgage-secured loans entities may include a city, county/ percent tax credits, and assuming that
and other debt. parish, church, community this documentation clearly indicates
(i) Where there is both a construction organization, etc. The application must that tax-exempt bonds have been
loan and a permanent take-out loan that include documentation of this committed to the project.
will replace that construction loan, you ownership, signed by the appropriate (2) Sources of Development
must provide documentation of both, authorizing official. Resources. Sources of Development
but only the value of the permanent (m) Low-Income Housing Tax Credits Resources may include:
loan will be counted. (LIHTC). (a) Public, private, and nonprofit
(ii) For privately financed (i) Low-Income Tax Credits are entities, including LIHTC purchasers;
homeownership construction loans, authorized by Section 42 of the IRS (b) State and local housing finance
acceptable documentation of Code which allows investors to receive agencies;
construction loans will be considered. a credit against federal tax owed in (c) Local governments;
Documentation of permanent financing return for providing funds to developers (d) The city’s housing and
is not required. (iii)If you have obtained to help build or renovate housing that redevelopment agency or other
a construction loan but not a permanent will be rented only to lower-income comparable agency. HUD will consider
loan, the value of the acceptably households for a minimum period of 15 this to be a separate entity with which
documented construction loan will be years. you are partnering if your PHA is also
counted. (ii) There are two types of credits, a redevelopment agency or otherwise
(iv) Your application must include both of which are available over a 10- has citywide responsibilities.
each loan’s expected term maturity and year period: A nine percent credit on (i) You are strongly urged to seek a
sources of repayment. construction/rehab costs, and a four pledge of Community Development
(b) Insured loans. percent credit on acquisition costs and Block Grant (CDBG) funds for
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(c) Donations and contributions. all development costs financed partially improvements to public infrastructure
(d) Housing trust funds. with below-market federal loans (e.g., such as streets, water mains, etc. related
(e) Net sales proceeds from a tax exempt bonds). Tax credits are to the revitalization effort. CDBG funds
homeownership project. Down generally reserved annually through are awarded by HUD by formula to units
payments from homebuyers will not be State Housing Finance Agencies, a of general local government and to
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26630 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
states, which may then award a grant or leverage points that have already been (a) Local Boards of Education, public
loan to a PHA, a partnership, a provided on a routine basis, such as libraries, local community colleges,
nonprofit organization, or other entity TANF cash benefits and in-kind services institutions of higher learning, nonprofit
for revitalization activities, including that have been supporting ongoing CSS- or for-profit educational institutions,
loans to a project’s for-profit type activities. and public/private mentoring programs
partnership. More information about the (b) Existing and newly generated that will lead to new or improved
CDBG Program can be found at http:// TANF cash benefits will not count as educational facilities and improved
[Link]/offices/cpd/[Link]. leverage. Newly generated non-cash educational achievement of young
(ii) The city, county/parish, or state services provided by TANF agencies people in the revitalized development,
may provide HOME funds to be used in will count as leverage. from birth through higher education.
conjunction with HOPE VI funds. The (c) Even though an in-kind CSS (b) TANF agencies/welfare
Home Investment Partnership program contribution may count as a resource, it departments for TANF and non-TANF
provides housing funds that are may not be appropriate to include on in-kind services, and non-TANF cash
distributed from HUD to units of general the sources and uses attachment. Each donations, e.g., donation of TANF
local governments and states. Funds source on the sources and uses agency staff.
may be used for new construction, attachment must be matched by a (c) Job development organizations that
rehabilitation, acquisition of standard specific and appropriate use. For link private sector or nonprofit
housing, assistance to homebuyers, and example, donations of staff time may employers with low-income prospective
tenant-based rental assistance. Current not be used to offset costs for employees.
legislation allows HOME funds to be infrastructure. (d) Workforce Development Agencies.
used in conjunction with HOPE VI (d) Note that wages projected to be (e) Organizations that provide
funds, but they may not be used in paid to residents through jobs, or residents with job readiness and
conjunction with public housing capital projected benefits (e.g., health/ retention training and support.
funds under Section 9(d) of the 1937 insurance/retirement benefits) related to (f) Economic development agencies
Act. Information about the HOME projected resources to be provided by such as the Small Business
program can be found at: http:// CSS partners may not be counted. Administration, which provide
[Link]/offices/cpd/ (e) Endorsements or general letters of entrepreneurial training and small
affordablehousing/programs/home/ support from organizations or vendors business development centers.
alone will not count as resources and (g) National corporations, local
[Link].
(e) Foundations; should not be included in the businesses, and other large institutions
(f) Government Sponsored Enterprises application or on a Resources Summary such as hospitals that can commit to
such as the Federal Home Loan Bank, Form. provide entry-level jobs. Employers may
Fannie Mae, and Freddie Mac; (f) The PHA’s staff time is not an agree to train residents or commit to
(g) HUD and other federal agencies; eligible cash or in-kind match. hire residents after they complete jobs
(h) Financial institutions, banks, or (2) Types of Community and preparedness or training programs that
insurers; and Supportive Services Resources. Types of are provided by you, other partners, or
(i) Other private funders. Community and Supportive Services the employer itself.
4. Community and Supportive resources may include but are not (h) Programs that integrate
Services Resources. limited to: employment training, education, and
a. General. (a) Materials; counseling, and where creative
(1) HUD seeks to fund mixed-finance (b) A building; partnerships with local boards of
developments that use HOPE VI funds (c) A lease on a building; education, state charter schools, TANF
to leverage the maximum amount of (d) Other infrastructure; agencies, foundations, and private
other resources to support CSS activities (e) Time and services contributed by funding sources have been or could be
in order to ensure the successful volunteers; established, such as:
transformation of the lives of residents (f) Staff salaries and benefits; (i) Youthbuild. HUD’s Youthbuild
and the sustainability of the revitalized (g) Supplies; program provides grants to
public housing development. Match and (h) The value of supportive services organizations that provide education
leveraging of HOPE VI CSS funds with provided by a partner agency, in and job training to young adults ages 16
other funds and services is critical to the accordance with the eligible CSS to 24 who have dropped out of school.
sustainability of CSS activities so that activities described in Section I.D. Participants spend half their time
they will continue after the HOPE VI (3) Sources of Community and rehabilitating low-income housing and
funds have been expended. Supportive Services Resources. In order the other half in educational programs.
Commitments of funding or in-kind to achieve quantifiable self-sufficiency Youthbuild provides a vehicle for
services related to the provision of CSS results, you must form partnerships achieving compliance with the objective
activities may be counted as CSS with organizations that are skilled in the of Section 3, as described in Section
resources and toward match and the delivery of services to residents of III.C. of the General Section. More
calculation of CSS leverage in public housing and that can provide information on HUD’s Youthbuild
accordance with the requirements commitments of resources to support program can be found at http://
below. those services. You must actively enlist [Link]/progdesc/[Link].
(a) For CSS leverage (not match), as partners other stakeholders who are (ii) Step-Up, an apprenticeship-based
include only funds/in-kind services that vested in and can provide commitments employment and training program that
will be newly generated for HOPE VI of funds and in-kind services for the provides career potential for low-
activities. If an existing service provider CSS portion of your revitalization effort. income persons by enabling them to
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significantly increases the level of The following are the kinds of work on construction projects that have
services provided at the site, the organizations and agencies that can certain prevailing wage requirements.
increased amount of funds may be provide you with resources necessary to Step-Up encourages work by offering
counted, except for TANF cash benefits. carry out and sustain your CSS apprenticeships through which low-
HUD will not count any funds for activities. income participants earn wages while
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26631
learning skills on the job, supplemented the information you need to apply will provided in paper copy, electronic copy,
by classroom-related instruction. Step- be in the NOFA and available at http:// or at [Link] the Federal
Up can also contribute to a PHA’s effort [Link]/Apply. The NOFA and Register publication prevails. Please be
to meet the requirements of Section 3. forms can be downloaded from http:// sure to review your application
More information can be found at http:// [Link]/Apply, by clicking on submission against the requirements in
[Link]/progdesc/[Link]. Apply Step 1. Please pay attention to the Federal Register file of the NOFA.
(i) Sources of capital such as the submission requirements and format Any technical corrections to the NOFA
foundations, banks, credit unions, and for submission specified in this NOFA will also be published in the Federal
charitable, fraternal, and business to ensure that you have submitted all Register and posted to the [Link]
organizations. required elements of your application. Web site, as described above.
(j) Nonprofit organizations such as the 2. Official NOFA Content Retrieval. In Applicants are responsible for
Girl Scouts and the Urban League, each order to retrieve the instructions, monitoring the Web sites above and the
of which has a Memorandum of applicants must go to the [Link] Federal Register during the application
Agreement (MOA) with HUD. Copies of Web site entitled ‘‘Download preparation period.
these MOAs can be found on the Application Package’’ at https:// 2. Technical Assistance. HUD staff
Community and Supportive Services [Link]/forms_apps_idx.html. will be available to provide you with
page of the HOPE VI Web site at http:// Insert the Catalog of Federal Domestic general guidance and technical
[Link]/hopevi. Assistance (CFDA) number or the assistance about this NOFA. However,
(k) Civil rights and fair housing Funding Competition ID, or the Funding HUD staff is not permitted to help
organizations. Opportunity Number. Once this prepare your application. For technical
(l) Local area agencies on aging. information has been inserted, click on support for downloading an application
(m) Local agencies and organizations the ‘‘Download Package’’ button. The or submitting an application, please call
serving persons with disabilities. next page on the Web site, ‘‘Selected [Link] Customer Support at (800)
IV. Application and Submission Grant Application for Download,’’ 518–GRANTS (this is a toll-free number)
Information instructs applicants to download the or send an e-mail to support@[Link].
application and its instructions by
General. All applications MUST be selecting the corresponding download B. Content and Form of Application
submitted electronically via [Link], link and saving the files to the Submission
as described in this NOFA. This section applicant’s computer for future 1. Application Submission.
hereby incorporates Section IV of the reference and use. You do not need to a. Paper Application Submissions. If
General Section, except for Section be registered to read the instructions or your organization is granted a waiver to
IV.A.5. and Section IV.B.1. The General complete the application once you have the electronic application submission
Section requirements apply to this downloaded it and saved it on your requirement, you should follow the
NOFA unless otherwise stated in this computer. following instructions regarding paper
NOFA. Applicants MUST follow the a. Instructions and Application application submissions. Unless
electronic submission requirements in Download Contents. The instructions otherwise indicated, the Executive
the General Section and this NOFA. download will contain several files. The Director of the applicant PHA, or his or
Application Download will contain a her designee, must sign each form or
A. Addresses To Request Application
cover page entitled ‘‘Grant Application certification that is required to be
Package
Package.’’ The cover page provides submitted with the application, whether
This section describes how applicants information regarding the application part of an attachment or a standard
may obtain application forms, package you have chosen to download, certification. Signatures need not be
additional information, and technical i.e., Opportunity Title, Agency Name, original in the duplicate Headquarters
assistance. Copies of the published CFDA Number, etc., so that you can copy and the duplicate field office copy.
NOFA and application forms for HUD ensure that you have selected the c. Paper Application Layout. If you
programs announced through NOFAs correct application to prepare. The are granted a waiver to the electronic
may be downloaded from the [Link] Grant Application cover page separates submission requirement:
Web site at [Link] the required forms into two categories: (1) Double-space your narrative pages.
and chosen from links provided under ‘‘Mandatory Documents’’ and ‘‘Optional Single-spaced pages will be counted as
the topic ‘‘Search Grant Opportunities,’’ Documents.’’ Please note that regardless two pages;
which allows applicants to do a basic of the box in which the forms are listed, (2) Use 81⁄2 x 11-inch paper, one side
search or to browse by category or the published Federal Register only. Only the city map may be
agency. Applicants having difficulty document is the official document HUD submitted on an 81⁄2 by 14-inch sheet of
accessing the information may receive uses to solicit applications. Therefore, paper. Larger pages will be counted as
customer support from [Link] by applicants should follow the submission two pages;
calling its help line at (800) 518– requirements in this HOPE VI NOFA. (3) All margins should be
GRANTS or sending an email to This NOFA contains a list of forms and approximately 1 inch. If any margin is
support@[Link]. The customer other documents that are part of the smaller than 1⁄2 inch the page will be
service representatives will assist submission. The NOFA also identifies counted as two pages;
applicants in accessing the information. which forms may be applicable to only (4) Use 12-point, Times New Roman
Applicants that do not have Internet certain applicants and if so, they need font;
access that need to obtain a copy of a to be submitted with the application. (5) Any pages marked as sub-pages
NOFA can contact HUD’s NOFA b. The published Federal Register (e.g., with numbers and letters such as
Information Center toll-free at (800) document is the official document that 75A, 75B, 75C), will be treated as
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HUD–8929. Persons with hearing or HUD uses to solicit applications. separate pages;
speech impairments may also call toll- Therefore, if there is a discrepancy (6) If a section is not applicable, omit
free at (800) HUD–2209. between any materials published by it; do not insert a page marked n/a;
1. Application Kits. There are no HUD in its Federal Register (7) Mark each Exhibit and Attachment
application kits for HUD programs. All publications and other information with the appropriate tab listed in
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26632 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
section IV.B. and in the Submission (3) Exceptions to page limits. The application. Each Attachment that is not
Instructions. No material on the tab will documents listed below constitute the a HUD Form should contain one title
be considered for review purposes, only exceptions and are not counted in page.
although pictures are allowed; the page limits listed in Sections (1) and (a) Attachment Title Pages. HUD will
(8) No more than one page of text may (2) above: use title pages as tabs if it downloads
be placed on one sheet of paper; i.e., (a) Additional pages submitted at the and prints the application. Provided the
you may not shrink pages to get two or request of HUD in response to a information on the title page is limited
more on a page. Shrunken pages, or technical deficiency. to the list in Section (b) below, the title
pages where a minimized/reduced font (b) Attachments that provide pages will not be counted when HUD
are used, will be counted as multiple documentation of commitments from determines the length of each
pages; resource providers or CSS providers. Attachment, or the overall length of the
(9) Do not format your narrative in (c) Attachments that provide Attachments. HUD forms do not require
columns. Pages with text in columns documentation of site control and site title pages.
will be counted as two pages; and acquisition in accordance with Section (i) Each title page should only
(10) The applications (copy and III. of this NOFA. contain:
original) should each be packaged in a (d) Narratives and Attachments, as (A) The name of the Attachment, as
three-ring binder. relevant, required to be submitted only described in Section IV.B.2.b. of this
d. Paper Application Page Count. If by existing HOPE VI Revitalization NOFA, e. g., ‘‘Attachment 10:
you are granted a waiver to the grantees in accordance with Sections Extraordinary Site Costs Certification’’;
electronic submission requirement: V.A. of this NOFA (Capacity). (B) The name of the applicant; and
(1) Narrative Exhibits. (e) Information required of MTW (C) The name of the file that contains
(a) The first part of your application applicants only. the Attachment.
will be comprised of narrative exhibits. e. Electronic Format. (b) Attachment File Names and Types.
Your narratives will respond to each (1) Exhibits. Exhibits are as listed in (i) All Attachments that are not listed
rating factor in the NOFA and will also Section IV.B.2.a of this NOFA. Each separately on [Link] and are
respond to threshold requirements. Exhibit should be contained in a formatted as PureEdge forms, e.g., SF–
Among other things, your narratives separate file and section of the 424, must be contained in one
must describe your overall planning application. Each file should contain Attachment ZIP file.
activities, including but not limited to one title page (do not create title pages (ii) Each file within the ZIP file must
relocation, community, and supportive separately from the document it goes be formatted so it can be read by MS
services, and development issues. with). Excel (.XLS) or Adobe Acrobat (.PDF).
(b) Each HOPE VI Revitalization (a) Exhibit Title Pages. HUD will use (A) Attachments that are downloaded
application must contain no more than title pages as tabs when it downloads from [Link] in MS Excel format may
100 pages of narrative exhibits. Any and prints the application. Provided the be submitted in Excel format.
pages after the first 100 pages of information on the title page is limited (B) Attachments that are downloaded
narrative exhibits will not be reviewed. to the list in Section (b) below, the title from [Link] in text format, e.g.,
Although submitting pages in excess of pages will not be counted when HUD certifications, should be submitted in
the page limitations will not disqualify determines the length of each Exhibit, or Adobe Acrobat (PDF) format.
an application, HUD will not consider the overall length of the Exhibits. (C) Third-party documents, e.g.,
the information on any excess pages, (i) Each title page should only leverage commitment letters, pictures,
which may result in a lower score or contain: etc., should be submitted in Adobe
failure of a threshold. Text submitted at (A) The name of the Exhibit, as Acrobat (PDF) format.
the request of HUD to correct a technical described in Section IV.B.2.a. of this (iii) Each file name must include the
deficiency will not be counted in the NOFA, e. g., ‘‘Narrative Exhibit A: information below, in the order stated:
100-page limit. Summary Information’’; (A) Short version of applicant’s name,
(2) Attachments. (B) The name of the applicant; and e.g., town, city, county/parish, etc., and
(a) The second part of your (C) The name of the file that contains state; and
application will be comprised of the Exhibit. (B) The word ‘‘Attachment’’ and the
Attachments. These documents will also (b) Exhibit File Names and Types. Attachment number (1 through 41), as
respond to the rating factors in the (i) All Exhibit files in the application listed in Section IV.B.2.b. of this NOFA;
NOFA, as well as threshold and must be contained in one Exhibit ZIP (C) An example of an Exhibit file
mandatory documentation file. name is, ‘‘Atlanta GA Attachment 1’’
requirements. They will include (ii) Each file within the ZIP file must (3) Maximum Length of Application.
documents such as maps, photographs, be formatted so it can be read by MS (i) Page Definition and Format.
letters of commitment, application data Word 2000 (.DOC). (A) For Exhibits, a ‘‘page’’ contains a
forms, various certifications unique to (iii) Each file name must include the maximum of 23 double-spaced lines.
HOPE VI Revitalization, and other information below, in the order stated: The length of each line must be a
certifications. (A) Short version of applicant’s name, maximum of 61⁄2 inches. This is the
(b) Each HOPE VI Revitalization e. g., town, city, county/parish, etc., and equivalent of formatting to be printed on
application must contain no more than state; and 81⁄2″ x 11″ paper, with one inch top,
125 pages of attachments. Any pages (B) The word ‘‘Exhibit’’ and the bottom, left and right margins. The font
after the first 125 pages of attachments Exhibit letter (A through I), as listed in must be 12-point Times New Roman.
will not be considered. Although Section IV.B.2.a. of this NOFA; Each page must be numbered.
submitting pages in excess of the page (C) An example of an Exhibit file (B) For Attachments, an applicant
jlentini on PROD1PC65 with NOTICES2
limit will not disqualify an application, name is, ‘‘Atlanta GA Exhibit A.’’ formatted text page is defined as in (A)
HUD will not consider the information (2) Attachments. Attachments are as above. Third-party documents
on any excess pages, which may result listed in Section IV.B.2.b. of this NOFA. converted into PDF format must not be
in a lower score or failure to meet a Each Attachment should be contained shrunk to fit more than one original
threshold. in a separate file and section of the page on each application page. Pages of
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26633
HUD Forms and certification formats Certification, Relocation Plan 5. Threshold Documentation. See the
furnished by HUD are as numbered by (whether relocation is completed or Threshold Requirements section of the
HUD. is yet to be completed) NOFA in Section III.C. To meet
(C) The maximum total length of the (7) Attachment 13: Program Schedule threshold requirements, you must
Exhibits and of the Attachments is as (8) Attachment 14: Certification of include specific documentation as
stated in Section IV.B.1.d. above. Severe Physical Distress required by this NOFA.
d. See Section IV of this NOFA on (9) Attachment 15: Photographs of the 6. Rating Factor Documentation. See
how to electronically submit third-party Severely Distressed Housing the Rating Factors in Section V.A for
and large documents (i.e., documents (10) Attachment 16: Neighborhood information on documentation. To
81⁄2 by 14-inch, etc.). Conditions receive points for certain rating factors,
2. Application Content. The following (11) Attachment 17: Preliminary Market you must include specific
is a list of narrative exhibits and Assessment Letter, if relevant documentation as required by this
attachments that are required as part of (12) Attachment 18: Documentation of NOFA.
the application. Non-submission of Site Control for Off-Site Public 7. Housing Choice Voucher (HCV)
these items may lower your rating score Housing Assistance. Housing choice voucher
(13) Attachments 19 through 22: HOPE (HCV) assistance is available from the
or make you ineligible for award under
VI Revitalization Leverage tenant protection voucher fund to
this NOFA. Review the threshold
Resources, form HUD–52797 successful applicants that receive the
requirements in Section III.C. of this
(14) Attachment 23: Documentation of Revitalization grant awards. The dollar
NOFA and to ascertain the effects of
Environmental, & Neighborhood amount of HCV assistance is in addition
non-submission. HUD forms required by
Standards to the $20 million maximum award
this NOFA can be obtained on the (15) Attachment 24: Land Use
Internet at [Link]. Applicants that amount and will be based upon resident
Certification or Documentation relocation needs. Applicants must
are granted a waiver to the electronic (16) Attachment 25: Evaluation
submission requirement must include prepare their housing choice voucher
Commitment Letter(s) assistance applications for the targeted
the narrative exhibits and attachments (17) Attachment 26: Current Site Plan
in the application in the order listed project in accordance with the
(18) Attachment 27: Photographs of
below. requirements of Notice PIH 2005–15
Architecture in the Surrounding
a. Narrative Exhibits. (and any reinstatement of or successor
Community
to that Notice) and submit it in its
(1) Acknowledgment of Application (19) Attachment 28: Conceptual Site
entirety with the HOPE VI
Receipt, form HUD–2993 (applies Plan
(20) Attachment 29: Conceptual Revitalization Application. HUD will
only if you are granted a waiver to
Building Elevations process the housing choice voucher
the electronic submission
(21) Attachment 30: HOPE VI assistance applications for funded
requirement)
Revitalization Application HOPE VI applicants. If you are not
(2) Application for Federal Assistance,
Certifications funded by this NOFA, the HCV
Standard Form SF–424
(22) Attachment 31: HOPE VI application will not be processed. For
(3) HOPE VI Revitalization Application
Revitalization Project Readiness applicants who are granted a waiver to
Table of Contents
Certification, form HUD–52787 the electronic application process, the
(4) Narrative Exhibit A: Summary
(23) Attachment 32: Standard Forms HCV request should be located with the
Information
and Certifications Standard Forms and Certifications at the
(5) Narrative Exhibit B: Capacity
(6) Narrative Exhibit C: Need a. Disclosure of Lobbying Activities back of the application.) The notice can
(7) Narrative Exhibit D: Resident and (SF–LLL), if applicable; be obtained through the Internet at
Community Involvement b. Applicant/Recipient Disclosure/ [Link]
Update Report (HUD–2880); 8. Further Documentation Guidance
(8) Narrative Exhibit E: Community and
c. Program Outcome Logic Model on Narrative Exhibits and Attachments.
Supportive Services
(HUD–96010); Please be sure to carefully review
(9) Narrative Exhibit F: Relocation
(10) Narrative Exhibit G: Fair Housing d. America’s Affordable Communities Sections III and V for program and
and Equal Opportunity Initiative (HUD–27300); documentation requirements for all the
(11) Narrative Exhibit H: Well- e. If applicable, Funding Application elements below.
for Housing Choice Voucher a. Exhibit A. Verify that you have
Functioning Communities
Assistance prepared in accordance included information relating to the
(12) Narrative Exhibit I: Soundness of
with Notice PIH 2005–15 (and any following exhibits.
Approach
reinstatement of or successor to that (1) Executive Summary. Provide an
b. Attachments. Notice), including, Section 8 Executive Summary, not to exceed three
(1) Attachments 1 through 7: HOPE VI Tenant-Based Assistance Rental pages. Describe your Revitalization
Application Data Form, form HUD– Certificate Program, Rental Voucher plan, as clearly and thoroughly as
52860-A Program, form HUD–52515, and possible. Do not argue for the need for
(2) Attachment 8: HOPE VI Budget, form f. Facsimile Transmittal (HUD– the HOPE VI grant, but explain what
HUD–52825-A 96011). you would do if you received a grant.
(3) Attachment 9: TDC-Grant 3. Match Documentation. See the Briefly describe why the targeted project
Limitations Worksheet, form HUD– match requirements in Section III.C., is severely distressed, provide the
52799 Program Requirements, Program number of units, and indicate how
(4) Attachment 10: Extraordinary Site Requirements that Apply to Match and many of the units are occupied.
Costs Certification, if applicable Leverage. Describe specific plans for the
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(5) Attachment 11: City Map 4. Resources Requirements for Match revitalization of the site. Include income
(6) Attachment 12: Assurances for a and Leverage. See Section III.C., mix, basic features (such as restoration
HOPE VI Application: for Program Requirements, Program of streets), and any mixed use or non-
Developer, HOPE VI Revitalization Requirements that Apply to Match and housing components. If you are
Resident Training & Public Meeting Leverage. proposing off site replacement housing,
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26634 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
provide the number and type of units demolished, describe the extent of any (1) PHAS, Maintenance, and SEMAP.
and describe the off site locations. required abatement of environmentally Respond to the Rating Factors at
Describe any homeownership hazardous materials such as asbestos. V(A)(1)(g), V(A)(1)(h), and V(A)(1)(i) of
components included in your Plan, (4) Demolition. Review Sections I(D) the NOFA.
including numbers of units. Briefly and III(C) of the NOFA. Describe your (2) Development Capacity of
summarize your plans for community plans for demolition, including the Developer. Respond to Rating Factor
and supportive services. State the buildings (dwelling and non-dwelling V(A)(1)(a).
amount of HOPE VI funds you are units) proposed to be demolished, the (3) Development Capacity of
requesting, and list the other major purpose of the demolition, and the use Applicant. Respond to Rating Factor
funding sources you will use for your of the site after demolition. If the V(A)(1)(b).
mixed-finance development. Identify proposed demolition was previously (4) Capacity of Existing HOPE VI
whether you have procured a developer approved as a Section 18 demolition Revitalization grantees. Respond to
or whether you will act as your own application, state the date the Section 18 Rating FactorV(A)(1)(c) of the NOFA.
developer. demolition application was submitted to This rating factor applies only to PHAs
(2) Physical Plan. Describe your HUD and the date it was approved by with existing HOPE VI Revitalization
planned physical revitalization HUD. Indicate whether you plan to grants from fiscal years 1993–2003.
activities: implement the concept of Production achievement numbers will
(a) Rehabilitation of severely Deconstruction, as described in Section be taken from the HOPE VI Quarterly
distressed public housing units in III(C) of the NOFA. Progress Reports for the quarter ending
accordance with Sections I(D) and III(C) (5) Disposition. Review Sections I(D) March 31, 2006.
of the NOFA; and III(C) of the NOFA. Describe the (5) CSS Program Capacity. Respond to
(b) Development of public housing extent of any planned disposition of any Rating Factor V(A)(1)(d) of the NOFA.
replacement rental housing, both on-site portion of the site. Cite the number of (6) Property Management Capacity.
and off-site in accordance with Sections units or acreage to be disposed, the Respond to Rating Factor V(A)(1)(e) of
I(D) and III(C) of the NOFA; method of disposition (sale, lease, the NOFA.
(c) Indicate whether you plan to use trade), and the status of any disposition (7) PHA or MTW Plan. Respond to
PATH technologies and Energy Star in application made to HUD. Rating Factor V(A)(1)(f) of the NOFA.
the construction of replacement housing (6) Site Improvements. Review c. Exhibit C. Need. Verify that you
in accordance with Section III(C) of the Sections I(D), III(C), and IV(E) of the have included information relating to
NOFA; NOFA. Describe any proposed on-site the following:
(d) Market rate housing units (see improvements, including infrastructure (1) Need for Revitalization: Severe
Sections III(C); requirements, changes in streets, etc. Physical Distress of the Public Housing
(e) Units to be financed with low- Describe all public improvements Site. Respond to Rating Factor
income housing tax credits; needed to ensure the viability of the V(A)(2)(a) of the NOFA.
(f) Replacement homeownership proposed project with a narrative (2) Need for Revitalization: Impact of
assistance for displaced public housing description of the sources of funds the Severely Distressed Site on the
residents or other public housing- available to carry out such Surrounding Neighborhood. Respond to
eligible low-income families, in improvements. Rating Factor V(A)(2)(b) of the NOFA.
accordance with Sections I(D) and III(C) (7) Site Conditions. Review Sections (3) Need for HOPE VI Funding
of the NOFA. Also describe any market- I(D), III(C), and IV(E) of the NOFA. (Obligation of Capital Funds). Respond
rate homeownership units planned, Describe the conditions of the site to be to Rating Factor V(A)(2)(c) of the NOFA.
sources and uses of funds. Describe the used for replacement housing. Listing (4) Previously-Funded Sites. Respond
relationship between the HOPE VI all potential contamination or danger to Section III(C)(2) of the NOFA. This is
activities and costs and the sources (e.g. smells, fire, heat, explosion a threshold requirement.
development of homeownership units, and noise) that might be hazardous or (5) Need for Affordable, Accessible
both public housing and market rate. If cause discomfort to residents, PHA Housing in the Community. Respond to
you are selected for funding, you will be personnel, or construction workers. List Rating Factor V(A)(2)(d) of the NOFA.
required to submit a Homeownership potential danger sources, including d. Exhibit D. Resident and
Proposal (homeownership term sheet); commercial and industrial facilities, Community Involvement. Verify that
(g) Rehabilitation or new construction Brownfields and other sites with you have included information relating
of community facilities primarily potentially contaminated soil, to the following. Discuss your
intended to facilitate the delivery of commercial airports and military communications about your
community and supportive services for airfields. Note any facilities and/or development plan and HUD
residents of the targeted development activities within one mile of the communications with residents,
and residents of off-site replacement proposed site. community members, and other
housing, in accordance with Sections (8) Separability. Section III(C) of the interested parties. Include the resident
I(D) and III(C). Describe the type and NOFA. If applicable, address the training attachment. Review program
amount of such space and how the separability of the revitalized requirements in Section III and respond
facilities will be used in CSS program building(s) within the targeted project. to Rating Factor V(A)(4).
delivery or other activities; This is a threshold. e. Exhibit E. Community and
(h) Zoning, land acquisition, and (9) Proximity. If applicable, describe Supportive Services. Respond to Section
infrastructure and site improvements. how two contiguous projects meet the V(A)(5). Verify that you have included
Note that HOPE VI grant funds may not requirement of Section III(C) of the information relating to the following.
be used to pay hard development costs NOFA, or how scattered sites meet the Endowment Trust. If you plan to place
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or to buy equipment for retail or requirements of Section III(C) of the CSS funds in an Endowment Trust,
commercial facilities; NOFA, review Section III(C) and Section
(3) Hazard Reduction. Review b. Exhibit B. Capacity. Verify that you V(A)(5), and state the dollar amount and
Sections I(D), III(C), and IV(E) of the have included information relating to percentage of the entire grant that you
NOFA. For units to be rehabilitated or the following exhibits: plan to place in the Trust.
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26635
f. Exhibit F. Relocation. Verify that (3) Neighborhood Impact and requirement, this map may be submitted
you have included information relating Sustainability of the Plan. Respond to on 81⁄2″ by 14″ paper.
to the following: Rating Factor V(A)(9)(c); o. Attachment 12. Assurances for a
(1) Housing Choice Voucher Needs. (4) Project Readiness. Respond to HOPE VI Application: for Developer,
Review Section III(C) and V(A)(6) of the Rating Factor V(A)(9)(d) by completing HOPE VI Revitalization Resident
NOFA. State the number of Housing the certification form provided; Training & Public Meeting Certification,
Choice Vouchers that will be required (5) Program Schedule. Respond to Relocation Plan (whether relocation is
for relocation if this HOPE VI Rating Factor V(A)(9)(e); completed or is yet to be completed).
application is approved, both in total (6) Design. Describe the features of Please complete this assurance
and the number needed for FY 2006. your proposed design and respond to document. Do not sign; a signature is
Indicate the number of units and the Rating Factor V(A)(9)(f); not required.
bedroom breakout. Applicants must (7) Energy Star. Respond to Rating q. Attachment 13. Program Schedule.
prepare their housing choice voucher Factor V(A)(9)(g); and Review Rating Factor V.A.9.e.
assistance applications for the targeted (8) Evaluation. Respond to Rating r. Attachment 14. Certification of
project in accordance with the Factor V(A)(9)(h). Severe Physical Distress. This
requirements of Notice PIH 2005–15 j. Attachments 1 through 7. These attachment is required in all
(and any reinstatement of or successor attachments are required in all applications. In accordance with
to that Notice) and submit it in its applications. See the instructions for Sections I(C) and III(C)(2) and (3), an
entirety with the HOPE VI filling out the HOPE VI Application engineer or architect must complete
Revitalization Application (not just Data Forms, Appendix 1, at the end of Attachment 16. No backup
HUD form 52515). This application this NOFA. documentation is required for this
should be placed at the back of the k. Attachment 8. This attachment is certification. No backup documentation
application with the other Standard required in all applications. In addition is required for this certification.
Forms and Certifications. HUD will to the instructions included in the s. Attachment 15. Photographs of the
process the housing choice voucher HOPE VI Budget form, general guidance Severely Distressed Housing. This
assistance applications for funded on preparing a HOPE VI budget can be attachment is required in all
HOPE VI applicants. found on the Grant Administration page applications. Review Rating Factor
(2) Relocation Plan. Review Sections of the HOPE VI Web site, http:// V(A)(2)(a). Submit photographs of the
III(C)(2) and III(C)(3) of the NOFA and [Link]/offices/pih/programs/ph/ targeted severely distressed public
respond to Rating Factor V(A)(6). For hope6/. housing that illustrate the extent of
additional guidance on developing a l. Attachment 9. Form HUD–52799, physical distress.
‘‘TDC/Grant Limitations Worksheet’’. t. Attachment 16. Neighborhood
relocation plan, refer to CPD Notice 04–
This attachment is required in all Conditions. This attachment is required
02 (‘‘Guidance on the Application of the
applications. The Excel workbook will in all applications. Submit
Uniform Relocation Assistance and Real
assist you in determining your TDC documentation described in Rating
Property Acquisition Policies Act of
limits required in Section IV.E.. Factor V(A)(2)(b). Documentation may
1970 (URA), as amended, in HOPE VI
m. Attachment 10. Extraordinary Site include crime statistics, photographs or
Projects’’) or any successor notice.
Costs Certification. This attachment is renderings, socio-economic data, trends
g. Exhibit G. Fair Housing and Equal
applicable only if you request funds to in property values, evidence of property
Opportunity. Verify that you have
pay for extraordinary site costs, outside deterioration and abandonment,
included information relating to the
the TDC limits. See section IV.E. evidence of underutilization of
following: n. Attachment 11. City Map. This surrounding properties, and other
(1) Accessibility. Respond to Rating attachment is required in all indications of neighborhood distress
Factor V(A)(7)(a)(1). applications. Review Section III(C). and/or disinvestment.
(2) Universal Design. Respond to Provide a to-scale city map that clearly u. Attachment 17. Preliminary Market
Rating Factor V(A)(7)(a)(2). identifies the following in the context of Assessment Letter, if relevant. This is
(3) Fair Housing. Respond to Rating existing city streets, the central business applicable if you include market rate
Factor V(A)(7)(b). district, other key city sites, and census housing in your application, in
(4) Section 3. Respond to Rating tracts: accordance with Section V, Soundess of
Factor V(A)(7)(c). (a) The existing development; Approach.
h. Exhibit H. Verify that you have (b) Replacement neighborhoods, if v. Attachment 18. Documentation of
included information relating to the available; Site Control for Off-Site Public Housing.
following: (c) Off-site properties to be acquired, This is applicable if your plan includes
(1) Unit Mix and Need for Affordable if any; off-site housing or other development. If
Housing. Respond to Rating Factor (d) The location of the Federally- applicable, provide evidence of site
V(A)(8)(a); designated Empowerment Zone or control for rental replacement units or
(2) Off-Site Housing. Respond to Enterprise Community (if applicable); land, in accordance with Section
Rating Factor V(A)(8)(b); and and III(C)(2). See Section IV(B) for
(3) Homeownership Housing. Respond (e) Other useful information to place documentation requirements.
to Rating Factor V(A)(8)(c). the project in the context of the city, w. Attachments 19 through 22. HOPE
i. Exhibit I. Verify that you have county, or municipality and other VI Revitalization Leverage Resources,
included information relating to the revitalization activity underway or form HUD–52797. These attachments
following: planned. are included in form HUD 52797,
(1) Appropriateness of Proposal. (2) If you request funds for more than ‘‘HOPE VI Revitalization Leverage
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Respond to the threshold requirement in one project or for scattered site housing, Resources.’’ and are required in all
Section III(C)(2). the map must clearly show that the applications.
(2) Appropriateness and Feasibility of application meets the NOFA’s site and (1) Physical Development Resources.
the Plan. Respond to Rating Factor unit requirements. If you have received In accordance with Rating Factor
V(A)(9)(b); a waiver to the electronic submission V(A)(3)(b), complete this Attachment
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26636 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
19, as provided in this application, by requested commitment letter(s) that Section 8 Tenant-Based Assistance
entering the dollar value of each addresses the indicated evaluation Rental Certificate Program, Rental
resource that will be used for physical areas. Voucher Program, form HUD–52515. It
development. For each resource entered, aa. Attachment 26. Current Site Plan. is applicable only if you are requesting
you must submit backup documentation This attachment is required in all Housing Choice Vouchers that are
in Attachment 19. See Section III.C, applications. The Site Plan shows the related to your proposed plan. In
Program Requirements, Program targeted public housing site’s various preparing the request for vouchers,
Requirements for Match and Leverage buildings and identifies which buildings applicants must follow PIH Notice
for resource and documentation are to be rehabilitated, demolished, or 2005–15 and any successor notices; and
requirements. disposed of. Demolished buildings f. Facsimile Transmittal (HUD–
(2) CSS Resources. In accordance with should be shown and labeled as such. 96011).
Rating Factor V(A)(3)(c), complete this bb. Attachment 27. Photographs of
Attachment 20, as provided in this Architecture in the Surrounding C. Deadline Dates and Times
Application, by entering the dollar Community. Photographs of Applications submitted through
value of all resources that will be used Architecture in the Surrounding [Link] must be received and
for CSS activities. For each resource Community. This attachment is required validated by [Link] no later than
entered, submit backup documentation in all applications. Provide photographs 11:59:59 p.m. eastern time on the
in Attachment 20. See Section III.C, to demonstrate that your plan conforms application deadline date, July 10, 2006.
Program Requirements, Program to the Design requirements of Section Important Submission Tip: Please be
Requirements for Match and Leverage III.C.3. and Rating Factor V(A)(9)(f). aware that when submitting an
for resource and documentation cc. Attachment 28. Conceptual Site application via [Link], you will first
requirements. Plan. This attachment is required in all receive a confirmation notice that
(3) Anticipatory Resources. Complete applications. The Conceptual Site Plan [Link] received the application. The
Attachment 21, as provided in this indicates where your plan’s proposed application will then go through a
Application, by entering the dollar construction and rehabilitation validation process. If the validation
value of all anticipatory resources as activities will take place and any process finds problems with the
described in Rating Factor V(A)(3)(d). planned acquisition of adjacent property application, it will be rejected and
For each resource entered, submit and/or buildings. Review the design unavailable for retrieval by HUD. The
backup documentation in Attachment requirements of Section III.C.3. and validation check ensures that:
21. See Section III.C, Program Rating Factor V(A)(9)(f). 1. The application is virus free;
Requirements, Program Requirements dd. Attachment 29. Conceptual 2. The application meets the deadline
for Match and Leverage for resource and Building Elevations. This attachment is requirements established for the funding
documentation requirements. required in all applications. Review the
(4) Collateral Resources. Complete opportunity;
design requirements of Section III.C.3. 3. The DUNS number submitted on
Attachment 22, as provided in this and Rating Factor V(A)(9)(f). Include
Application, by entering the dollar the application matches the DUNS
building elevation drawings for the number in the registration, and that the
value of all collateral resources as various types of your proposed housing.
described in Rating Factor V(A)(3)(e). Authorized Organization Representative
ee. Attachment 30. HOPE VI has been authorized to submit the
For each resource entered, submit Revitalization Application
backup documentation behind application for funding by the
Certifications. This attachment is organization identified by its DUNS
Attachment 22. See Section III.C, required in all applications. This form is
Program Requirements, Program number; and
available from [Link]. Note that
Requirements for Match and Leverage 4. All the mandatory fields and forms
these certifications (4 page document)
for resource and documentation were completed on the application.
must be signed by the Chairman of the
requirements. 5. Upload the application using
Board of the PHA, NOT the Executive
x. Attachment 23. Documentation of Internet Explorer or Netscape browsers.
Director.
Environmental, & Neighborhood ff. Attachment 31. HOPE VI If the application fails any of these
Standards. This is applicable if your Revitalization Project Readiness items on the validation check, the
plan includes off-site housing or other Certification, form HUD–52787. This application will be rejected. The
off-site development. Provide a attachment is required in all validation check occurs 24 to 48 hours
certification that the site(s) acquired for applications. Complete Attachment 31 after the application submission.
off-site public housing meet by indicating which of the items in Therefore, HUD recommends that all
environmental and site and Rating Factor V(A)(9)(d) of the NOFA applicants submit their application no
neighborhood standards, as provided in have been completed. later than 48 to 72 hours before the
Section V(A)(8)(b)(2). This certification gg. Attachment 32. Standard Forms deadline. That way, if the application
may be in the form of a letter. and Certifications fails the validation process, the
y. Attachment 24. Land Use a. Disclosure of Lobbying Activities applicant will receive an email
Certification or Documentation. (SF–LLL), if applicable; notification providing the error
Complete this certification in b. Applicant/Recipient Disclosure/ messages. By submitting 48 to 72 hours
accordance with the land use threshold Update Report (HUD–2880); in advance of the deadline, applicants
in Section III(C)(2). This attachment c. Program Outcome Logic Model have time to cure deficiencies in their
may be a certification or copies of the (HUD–96010); application and resubmit it in time to
actual land use documentation. The d. America’s Affordable Communities meet deadline requirements.
certification may be in the form of a Initiative (HUD–27300), if applicable; 6. Submission Date, Address, Delivery
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26637
electronic application submission evaluation, or fund, any applications by September 30, 2012. Any funds that
requirements. sent by facsimile (fax). However, are not expended by that date will be
a. Method of Delivery. Applicants facsimile corrections to technical placed in an expired account, and will
granted a wavier to the electronic deficiencies will be accepted, as be available only for the purposes of
submission requirement must use the described in Section V.B. of this NOFA. liquidating obligations properly
United States Postal Service (USPS) or Also, videos submitted as part of an chargeable to that account prior to its
overnight mail service (which provide application will not be viewed. expiration and of making legitimate
written receipt of delivery date) to h. Proof of timely submission. Proof of obligation adjustments.
submit their applications to HUD. Hand- timely submission for all applications, 3. Grant Amount Limitations.
carried and courier delivered regardless of whether they are delivered a. Requested Amount. See Section II
applications will not be accepted. through USPS or overnight mail services of this NOFA for details.
b. Submission Date and Time. shall be the date and time recorded by 4. Ineligible Activities.
Applications must be received by 4 pm the Grant Administrator in the a. You may not use HOPE VI
on July 10, 2006. Applications will be application receipt log. Revitalization grant funds to pay for any
considered late and ineligible to receive i. Acknowledgment of Application revitalization activities carried out on or
funding if not received on or before the Receipt. If you wish to receive before the date of the letter announcing
application submission date and time, acknowledgment of HUD’s receipt of the the award of the HOPE VI Grant.
regardless of the postmark date. application, the Acknowledgment of b. Market-Rate Units. HOPE VI funds
c. Address for Submitting Application Receipt, form HUD–2993, may not be used to develop market-rate
Applications. Send the original and one should be included in the front of the units or affordable housing units that do
copy of your completed application to application. After receipt, HUD will not qualify as public housing or
Ms. Dominique Blom, Acting Deputy return the form to you. homeownership replacement units.
Assistant Secretary for Public Housing c. Retail or Commercial Development.
Investments, Department of Housing D. Intergovernmental Review HOPE VI funds may not be used for
and Urban Development, 451 Seventh Executive Order 12372, hard construction costs related to, or for
Street, SW., Room 4130, Washington, ‘‘Intergovernmental Review of Federal the purchase of equipment for, retail,
DC 20410–5000. Please make sure that Programs,’’ was issued to foster commercial, or non-public housing
you note the room number. The correct intergovernmental partnership and office facilities.
room number is very important in strengthen federalism by relying on state 5. Total Development Cost (TDC).
ensuring that your application is and local processes for the coordination a. The ‘‘TDC Limit’’ (24 CFR 941.306,
properly accepted and not misdirected. and review of federal financial Notice PIH 2005–26 (HA), or extending
d. Form of Acceptance. HUD will assistance and direct federal Notice) refers to the maximum amount
consider an application as being development. HUD implementing of HUD funding that HUD will approve
accepted when it is delivered to the regulations are published at 24 CFR part for development of specific public
Office of Public Housing Investments, 52. The order allows each state to housing units in a given location. The
Room 4130, HUD Headquarters, 451 designate an entity to perform a state TDC limit applies only to the costs of
Seventh Street, SW., Washington, DC review function. Applicants can find the development of public housing that are
20410–5000. Upon delivery and official listing of State Points of Contact paid directly with HUD public housing
acceptance, the Grant Administrator (SPOC) for this review process at & funds, including HOPE VI funds; a PHA
will manually add the application’s [Link] may exceed the TDC limit using non-
PHA name, development name, time of [Link]. States not listed on the Web public housing funds such as CDBG,
receipt, and date of receipt to an site have chosen not to participate in the HOME, low-income housing tax credit
application receipt log. intergovernmental review process and, equity, etc.
e. Wrong Address. Applications b. The HUD TDC Cost Tables are
therefore, do not have a SPOC. If your
mailed to the wrong location or office issued for each calendar year for the
state has a SPOC, you should contact
designated for receipt of the application, building type and bedroom distribution
the SPOC to see if it is interested in
which result in the designated office not for the public housing replacement
reviewing your application before
receiving the application in accordance units. Use the TDC limits in effect at the
submission to HUD. Please make sure
with the requirements for timely time this HOPE VI NOFA is published
that you allow ample time for this
submission, will result in the when making your TDC calculations.
review when developing and submitting
application being considered late. Late TDC definitions and limits in the final
your applications. If your state does not
applications will not receive funding rule are summarized as follows:
have a SPOC, you can submit your
consideration. HUD will not be (1) The total cost of development,
application directly to HUD using
responsible for directing packages to the which includes relocation costs, is
[Link].
appropriate office(s). limited to the sum of:
f. Field Office Copy. You must send E. Funding Restrictions (a) Up to 100 percent of HUD’s
one duplicate copy of your application published TDC limits for the costs of
to your HUD field office. The HUD field 1. Statutory Time Limits
demolition and new construction,
office copy of the application is due a. Required Obligation Date. Funds multiplied by the number of HOPE VI
before 4 p.m. on the application appropriated for the HOPE VI program public housing replacement units; and
submission date. If the HUD field office for FY2006 must be obligated on or (b) Ninety percent of the TDC limits,
receives an application on time, but the before September 30, 2007. Any funds multiplied by the number of public
application is not received on time at that are not obligated by that date will housing units after substantial
Headquarters, it will not be considered. be recaptured by the Treasury, and rehabilitation and reconfiguration.
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g. No Facsimiles or Videos. With the thereafter will not be available for (2) The TDC limit for a project is
exception of third party documents obligation for any purpose. made up of the following components:
submitted via electronic facsimile (See b. Required Expenditure Date. In (a) Housing Cost Cap (HCC): HUD’s
Section IV.F. of the General Section), accordance with 31 U.S.C. 1552, all FY published limit on the use of public
HUD will not accept for review and 2006 HOPE VI funds must be expended housing funds for the cost of
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26638 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
constructing the public housing units, Extraordinary measures to remove lead- F. Other Submission Requirements
which includes unit hard costs, based paint that has leached into the
builder’s overhead and profit, utilities soil would constitute an extraordinary Application Submission and Receipt
from the street, finish landscaping, and site cost. Procedures. This section provides the
a hard cost contingency. Estimates application submission and receipt
(b) Extraordinary site costs must be
should take into consideration the instructions for HUD program
justified and verified by a licensed
Davis-Bacon wage rate and other applications. Please read the following
engineer or architect who is not an
requirements as described in ‘‘Labor instructions carefully and completely,
employee of the housing authority or
Standards’’, Section III.C. of this NOFA. as failure to comply with these
the city. The engineer or architect must
(b) Community Renewal (CR): The procedures may disqualify your
provide his or her license number and
balance of funds remaining within the application.
state of registration. If this certification
project’s TDC limit after the housing is not included in the application after 1. Electronic Submission of
construction costs described in (a) above the cure period described in Section Applications. Applicants must submit
are subtracted from the TDC limit. This IV.B.4. of the General Section, their applications electronically through
is the amount of public housing funds extraordinary site costs will not be [Link]. HUD described the
available to pay for PHA administration, allowed in the award amount. In this [Link] registration process in its
planning, infrastructure and other site case, the amount of the extraordinary Early [Link] Registration notice
improvements, community and site costs included in the application published in the Federal Register on
economic development facilities, will be subtracted from the grant December 9, 2005 (70 FR 73332), and in
acquisition, relocation, demolition, and amount. other information available at http://
remediation of units to be replaced on 6. Cost Control Standards. [Link]/GetStarted. The site
site, and all other development costs. a. Your projected hard development provides registration checklists that
(3) CSS. You may request an amount costs must be realistic, developed applicants are advised to use, to ensure
not to exceed 15 percent of the total that they have all the information they
through the use of technically
HOPE VI grant to pay the costs of CSS need to complete all the steps in the
competent methodologies, including
activities, as described in Section III.C. registration process. Past applicants
cost estimating services, and
of this NOFA. These costs are in have found that the checklists made
comparable to industry standards for the
addition to, i.e., excluded from, the TDC their registration easier and faster.
kind of construction to be performed in
calculation above. There are five sequential steps
(4) Demolition and Site Remediation the proposed geographic area.
b. Your cost estimates must represent required for an applicant to complete
Costs of Unreplaced On-site Units. You the [Link] registration process:
may request an amount necessary for an economically viable preliminary plan
demolition and site remediation costs of for designing, planning, and carrying a. Step one is to call Dun and
units that will not be replaced on-site. out your proposed activities in Bradstreet and request a Dun and
This cost is in addition to (i.e., excluded accordance with local costs of labor, Bradstreet Universal Data Numbering
from) the TDC calculation above. materials, and services. System (DUNS) number for the
(5) Extraordinary Site Costs. c. Your projected soft costs must be organization (if it does not already have
(a) You may request a reasonable reasonable and comparable to industry one), as described above. The DUNS
amount to pay extraordinary site costs, standards. Upon award, soft costs will number is used by the federal
which are construction costs related to be subject to HUD’s ‘‘Safe Harbor’’ cost government to identify the organization.
unusual pre-existing site conditions that control standards. For rental units, these Organizations should be able to obtain
are incurred, or anticipated to be safe harbors provide specific limitations a DUNS number on the same date they
incurred. If such costs are significantly on such costs as developer’s fees contact Dun and Bradstreet by phone
greater than those typically required for (between 9 and 12 percent), PHA (866) 705–5711 (this is a toll-free
similar construction, are verified by an administration/consultant cost (no more number).
independent, certified engineer or than 3 to 6 percent of the total project b. Step two is to register with the
architect (See Section IV.B. for budget), contractor’s fee (6 percent), Central Contractor Registry (CCR) either
documentation requirements.), and are overhead (2 percent), and general toll-free by telephone ((888) 227–2423)
approved by HUD, they may be conditions (6 percent). HUD’s Cost or by going online at http://
excluded from the TDC calculation Control and Safe Harbor Standards can [Link]. When an organization
above. Extraordinary site costs may be be found on HUD’s HOPE VI Web site. registers with the CCR, the organization
incurred in the remediation and d. If you are eligible for funding, HUD will be required to designate an E-
demolition of existing property, as well will delete any unallowable items from Business Point of Contact (E-Business
as in the development of new and your budget and may reduce your grant POC). The E-Business POC will
rehabilitated units. Examples of such accordingly. designate a special password called an
costs include, but are not limited to: 7. Withdrawal of Grant Amounts. In ‘‘M–PIN.’’ The password gives the E-
abatement of extraordinary accordance with Section 24(i) of the Business POC sole authority to
environmental site hazards; removal or 1937 Act, if a grantee does not proceed designate which staff member(s) from
replacement of extensive underground within a reasonable timeframe, as the organization will be allowed to
utility systems; extensive rock and soil described in Section VI.B.2. of this submit applications electronically on its
removal and replacement; removal of NOFA, HUD shall withdraw any behalf. Staff members that are
hazardous underground tanks; work to unobligated grant amounts. HUD shall designated by the organization’s E-
address unusual site conditions such as redistribute any withdrawn amounts to Business POC to submit applications on
slopes, terraces, water catchments, one or more other applicants eligible for its behalf are called Authorized
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lakes, etc.; and work to address flood HOPE VI assistance or to one or more Organization Representatives (AORs).
plain and other environmental other entities capable of proceeding Registering with the CCR is required for
remediation issues. Costs to abate expeditiously in the same locality in an organization to be able to use
asbestos and lead-based paint from carrying out the Revitalization plan of [Link]. It takes 1 to 3 days to
structures are normal demolition costs. the original grantee. complete this process because security
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26639
information has to be sent to the allow sufficient time to complete their or HUD form. The PureEdgeTM forms
organization. registration prior to submitting their have content-sensitive help. To use this
Note that CCR registration expires on application. Applicants can submit their feature, click on the icon that features
an annual basis and, therefore, it must application to [Link] once they are an arrow with a question mark at the top
be updated to remain active. The CCR fully registered. Please note that the of the page. This engages the content-
will send the E-Business POC an email Internal Revenue Service takes sensitive help for each field on the
message 30 days before the expiration approximately 5 weeks to provide a new electronic form. The PureEdgeTM forms
date of their current registration. If the organization with a Tax Identification can be downloaded and saved on your
E-Business POC does not update the Number (TIN) or Employer hard drive, network drive(s), or CDs.
CCR registration by the expiration date, Identification Number (EIN). You will Because of the size of the application,
the CCR will send the organization a need a TIN or EIN to register in the CCR. HUD recommends downloading the
letter notifying it that its account has Please allow sufficient time to obtain application to your computer hard
been deactivated. the TIN or EIN if you currently do not drive.
c. Step three requires that AORs from have one for your organization, as you Please review Section IV. to ensure
the organization register with the will need the number to complete the that your application contains all the
Credential Provider to obtain their registration process in CCR. required materials.
username and password, via the Web b. Applicants must remember the MacIntosh users will need to use the
site, [Link] password and ID they are provided Virtual PC emulator software, which
OrcRegister. The AOR usernames and during the registration process. allows PC software to run on MacIntosh
passwords serve as ‘‘electronic Passwords and IDs are case sensitive. platforms. More information on
signatures’’ when an AOR submits an Forgetting your password or ID could PureEdgeTM Support for MacIntosh
application via [Link] on behalf of delay the timely submission of your Users is available at http://
an organization. AORs must wait until application. [Link]/CompleteApplication#,
after their organization has received c. Applicants must register and the E- located under the topic Tips and Tools.
registration confirmation from the CCR Business Point of Contact must [Link] is in the process of
before they can obtain their user names authorize the individual(s) who will be upgrading its system to allow MacIntosh
and passwords. AORs designate their submitting the application on behalf of users to be able to view PureEdge forms.
user name and password when the organization. By authorizing the The new feature will be issued shortly.
registering with a credential provider. person to submit on behalf of the Please check the [Link] Web site for
AORs will receive validation of their organization, the organization is stating the announcement of this additional
user names and passwords on the same that the person can make a legally feature.
day that they submit the information binding commitment for the b. Mandatory Fields on PureEdgeTM
online. organization. Forms. In the PureEdgeTM forms, you
d. Step four requires the AORs to 3. Instructions On How to Submit an will find fields with a yellow
register with [Link]. AORs must Electronic Application to HUD via background. These data fields are
register with [Link] to obtain an [Link] mandatory and must be completed.
account at the Web site, https:// a. Complete Application Package. c. Completion of SF–424 Fields First.
[Link]/GrantsgovRegister. [Link] has a full set of instructions The PureEdgeTM forms are designed to
AOR registration with [Link] allows on how to complete a grant application automatically populate common data
AORs to submit applications on behalf on its Web site at http:// such as the applicant name and address,
of the organization and to track the [Link]/CompleteApplication. DUNS number, etc., on all PureEdgeTM
status of submitted applications. Applicants are encouraged to read the electronic forms. In order to trigger this
e. Step five requires the E-Business ‘‘Complete Application Package’’ Web function, the Standard Form 424 (SF–
POC to approve the designated AORs. site. The site contains a multimedia 424) must be completed first. Once
When an AOR registers with [Link] demonstration that guides applicants applicants complete the SF–424, the
(step 4), the E-Business POC will receive through the process of completing an information entered will transfer to the
an e-mail notification. The E-Business application package. The training other forms.
POC must subsequently log into demonstration is also available in text d. Submission of Narrative
[Link] (using the organization’s format on the Web site. [Link] Statements, Third Party Letters, and
DUNS number as the user name and the allows applicants to download the Certifications. In addition to forms,
M–PIN as the password) and approve application package, application many of the NOFAs require the
the AOR(s), thereby giving each instructions, and forms incorporated in submission of other documentation,
approved AOR permission to the instructions and work off-line. In such as third party letters, certifications,
electronically submit applications on addition to forms that are part of the or program narrative statements. This
behalf of the organization using application instructions downloaded section discusses how you should
[Link]. Only the organization’s E- from [Link], there are a series of submit this additional information
Business POC can approve AORs. After electronic forms that use a PureEdgeTM electronically as part of your
the E-Business POC approves an AOR, Reader. The PureEdgeTM Reader is application:
[Link] will send the AOR available free for download from Step 2 (1) Narrative Statements to the
confirmation of the approval via e-mail. of [Link] Started. Factors for Award. Narrative statements
See HUD’s Notice on Early Registration [Link] has an updated version of must be submitted as an electronic file
for complete details of the registration the PureEdge Viewer (version 6.2). If in Microsoft Word (version 9 or earlier),
process and steps. applicants have not upgraded their Microsoft Excel 2000, or in Portable
2. Important Registration Tips. version of the PureEdge viewer, they Document Format (PDF) that is
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a. The registration process is distinct must do so before downloading the compatible with AdobeTM Reader
from application submission and application package. The PureEdgeTM version 6.0 or earlier. Applicants should
encompasses five-steps that can take Reader allows applicants to read the also follow the directions provided
approximately 10 business days to electronic files in a form format so that above in Section IV. regarding
complete. Therefore, applicants must they will look like any other Standard narratives. If HUD receives a file in a
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26640 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
format other than those specified, HUD fax to a particular application, the form HUD–96011 as the cover page for
will not be able to read the file, and it applicant must use and require third each document (e.g., Letter of Matching
will not be reviewed. Each response to parties that fax documentation on its or Leveraging funds, Memorandum of
a Factor for Award should be clearly behalf to use the form HUD–96011 as Understanding, Certification of
identified and can be incorporated into the cover page of the facsimile. Using Consistency with the Consolidated Plan,
a single attachment or all attachments the form HUD–96011 will ensure that etc.) Please be aware that faxing large
zipped together into a single attached HUD can electronically read faxes documents at one time may result in
file. Please carefully review the NOFA submitted by and on behalf of an transmission failures. Be sure to check
requirements for submission format in applicant and match them to the the record of your transmission issued
section IV.B. Documents that applicants applicant’s application package received by the fax machine to ensure that your
possess in electronic format, e.g., via [Link]. fax submission was completed ‘‘OK.’’
narratives they have written, or graphic When you download an application For large or long documents, HUD
images (such as Computer Aided Design package from [Link], be sure to save suggests that you divide the document
(CAD) files from an architect), must be it to your hard drive, complete the SF– into smaller sections for faxing
attached using the ‘‘Attachments’’ form 424, and then provide copies of the form purposes. Each time you fax a document
included in the application package HUD–96011 facsimile transmittal cover that you have divided into smaller
downloaded from [Link]. In order page to third parties that will submit sections, you should indicate on the
to reduce the size of its attachments, information in support of your cover sheet the section number of the
applicants can compress all or several application. Do not download the same total number of sections that you
files using a ZIP utility. Applicants can application package from [Link] submitted, (e.g., ‘‘Part 1 of 4 parts’’ or
then attach the zipped file as described more than once. Each time the ‘‘pages 1–10 of 20 pages’’).
above. application package is downloaded, the Your facsimile machine should
(2) Third Party Letters, Certifications forms are given a unique ID number. To provide you with a record of whether
Requiring Signatures, and Other ensure that all the forms in your HUD received your transmission. If you
Documentation. Applicants required to package contain the same unique ID get a negative response or a
submit third party documentation (e.g., number, after downloading your transmission error, you should resubmit
establishing matching or leveraged fund, application complete the SF–424, save the document until you confirm that
documentation of 501(c)(3) status or the forms to your hard drive, and use HUD has received your transmission.
incorporation papers, documents that the saved forms to create your HUD will not acknowledge that it
support the need for the program, application. If you have to provide a received a fax successfully. When HUD
memoranda of understanding (MOUs), copy of the form HUD–96011 to another receives a fax electronically, HUD will
or program required documentation that party that will be responsible for faxing electronically read it with an optical
supports your organization’s claims an item as part of your application,
character reader and attach it to the
regarding work that has been done to make a copy of the facsimile transmittal
application submitted through
remove regulatory barriers to affordable cover page from your downloaded
[Link]. Applicants and third parties
housing) can choose from the following application and provide that copy to the
submitting information in support of the
two options, as a way to provide HUD third party for use with the fax
applicant’s application may submit
with the documentation: transmission. Please instruct third
(a) Scanning Documents to Create information by facsimile transmissions
parties to use the form HUD–96011 that
Electronic Files. Scanning documents at any time before the application
you have provided as a cover page when
increases the size of files. Applicants deadline date. Applicants must ensure
they submit information supporting
may not submit scanned files unless the that the form HUD–96011 used to fax
your application using the facsimile
facsimile solution described below will method, because it contains the information matches their electronic
not work due to the nature of the embedded ID number that is unique to application (i.e., is part of the
document. Electronic files must be your application submission. application package downloaded from
labeled so that the recipient at HUD will Applicants must fax their information, [Link]). All faxed materials must be
know what the file contains. See Section and third parties must fax information received no later than 11:59:59 p.m.
IV for instructions on how to name the in support of an applicant’s application, eastern time on the application deadline
files applicants must submit. using the HUD–96011 facsimile date. HUD will store the information
(b) Faxing Required Documentation. transmittal cover page, to the following and match it to the electronic
Applicants may submit the required fax number: (800) HUD–1010. If you application when HUD receives it from
documentation to HUD by facsimile. cannot access this 800 number or have [Link].
Applicants may only use the fax method problems, you may use (215) 825–8798 Facsimile Transmission Tip: Be sure
to submit attachments that are part of (this is not a toll-free number). Failure to save your receipt of successful
their electronic applications. HUD will to use the form HUD–96011 as the cover facsimile transmission as proof that the
not accept entire applications by fax. page will create a problem in document was timely submitted to
HUD will disqualify applications electronically matching your faxes to HUD. In cases where receipt may be in
submitted entirely by fax. the application. If HUD is unable to question, the transmittal receipt is your
Facsimiles submitted in response to a match the faxes electronically due to an proof of timely receipt and successful
NOFA must use the form HUD–96011. applicant’s failure to follow these submission.
The transmittal form to be downloaded directions, HUD will not hand-match (c) Submissions Using Other File
with the application can be found on faxes to applications and not consider Formats. If you are required to submit
[Link]. The transmittal form found the faxed information in rating the files in other formats such as CAD files
in the downloaded application contains application. of architectural drawings and
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a unique identifier that allows HUD to In addition, applicants must fax blueprints, or pictures, you must attach
match an applicant’s application individual documents as separate these as electronic files in PDF format
submitted via [Link] with faxes submissions to avoid fax transmission that is compatible with AdobeTM Reader
coming from a variety of sources. problems. When faxing several version 6.0 or earlier. The files should
Therefore, for HUD to correctly match a documents, applicants must use the be part of the zipped folder that is
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26641
attached and submitted with your deadline date and time, and all fax application; if errors are found, follow
application transmission. transmissions have been received by the each error message and correct the error;
e. Customer Support. The [Link] deadline date and time. • Submit your application using
Web site provides customer support via (4) Applications validated by Internet Explorer or Netscape browsers.
(800) 518-GRANTS (this is a toll-free [Link] after the established deadline [Link] has been tested using these
number) or via e-mail at date and time for the program will be browsers, and HUD has found easier
support@[Link]. The customer considered late. HUD will not consider transmission with these browsers than
support center is open from 7 a.m. to 9 any late application submissions. others;
p.m. eastern time, Monday through Similarly, HUD will not consider • Transmission, even for very large
Friday, except federal holidays, to information submitted by facsimile as applications, should be completed in a
address [Link] technology issues. part of the application if received by few minutes. Transmission should not
For technical assistance to program- HUD after the established deadline date take longer than an hour. If transmission
related questions, contact the number and time. Please take into account the takes longer, close down the
listed in Section VII Agency Contact. transmission time required for application, and contact the [Link]
4. Timely Receipt Requirements and submitting your application via the help line, retaining the help desk ticket
Proof of Timely Submission. Internet and the time required to fax any number for future reference. You may
a. Electronic Submission. related documents. HUD suggests that also use the submit tips available on the
(1) All applications must be received applicants submit their applications [Link] Web site;
and validated by [Link] by 11:59:59 during the operating hours of the • Submit the application to
p.m. eastern time on the application [Link] Support Desk so that, if there [Link] 48 to 72 hours in advance of
deadline date. If the application is not are questions concerning transmission, the deadline to provide sufficient time
validated before the deadline date, it operators will be available to assist you to correct any validation errors noted
will not be considered as meeting the through the process. Submitting your and address any registration issues;
deadline requirements. application during the Support Desk • If validation errors are reported,
Important Submission Tip: Upon hours will also ensure that you have correct the validation errors and
successful submission, an applicant will sufficient time for the application to resubmit the application if it is prior to
receive an email notification confirming complete its transmission before the the deadline date; late applications will
receipt and indicating the application is application deadline. not be accepted by [Link];
being validated and that the validation (5) Applicants using dial-up • If you are not sure what to do, call
process will be completed in connections should be aware that the [Link] help desk and retain the
approximately 24 to 48 hours. If the transmitting your application takes extra ticket number for future reference.
application does not pass the validation time before [Link] receives it. • Do not attempt to submit
check, it will be rejected and the [Link] will provide either an error electronically if the computer you are
applicant notified of the reason for the or a successfully received transmission using does not meet the minimum
rejected application. Applicants should message. The [Link] Support Desk requirements for electronic submission.
therefore not assume because [Link] reports that some applicants abort the These requirements are listed on the
received an application, that they have transmission because they think that [Link] Web site, as well as HUD’s
successfully submitted the application nothing is occurring during the Web site;
until they receive the validation notice. transmission process. Please be patient • If you get an ‘‘MEC’’ error message,
If a rejection notice is received, the and give the system time to process the it is a Microsoft Configuration Error.
applicant should review the reasons for application. Uploading and transmitting Contact your software provider or your
rejection and, if time permits, correct a large file, particularly electronic forms computer/information technology
the error(s) and resubmit the application with associated eXtensible mark-up support desk to help you configure your
in time to meet the deadline language (XML) schema, will take system for the size files you are trying
requirements. considerable time to process and be to upload. This is not a [Link]
(2) Proof of timely submission and received by [Link]. system issue, but rather an issue with
validation is automatically recorded by Important Submission Tip. When your computer configuration.
[Link]. An electronic time stamp is submitting an application electronically, b. Late applications, whether received
generated within the system when the applicants should take the following electronically or in hard copy, will not
application has been successfully steps to speed up the transmission receive funding consideration. HUD will
received and validated. process: not be responsible for directing or
(3) An applicant will receive an • Close all other applications running forwarding applications to the
acknowledgement of receipt and a on the computer used for the upload; appropriate location. Applicants should
tracking number from [Link] with • Save the completed application to pay close attention to these submission
the successful transmission of its the desktop, checking to make sure that and timely receipt instructions, as they
application followed by the validation the file that you intend to submit is the can make a difference in whether HUD
receipt. When the validated application complete and final version of your will accept your application for funding
is transmitted from [Link] to HUD, application; consideration.
the applicant will receive an email • Open and view all attachment files 5. Waiver of Electronic Submission
notification that the application was to make sure they are the final versions Requirements. For FY2006, the
received by the funding agency. of the attachments that you plan to procedures for obtaining a waiver of the
Applicants should print and file these submit. Check your system to make sure electronic submission requirement have
receipts along with facsimile receipts for other versions are not still saved and changed. On December 29, 2005 (70 FR
information provided by facsimile, as delete old versions so you do not submit 77292), HUD published a final rule that
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proof of timely submission. Applicants the wrong attachments in the established in 24 CFR 5.1005 the
will be considered as meeting the application submission; regulatory framework for HUD’s
deadline date requirements when • Check the application for errors electronic submission requirement, as
[Link] has received and validated using the check application for errors well as the procedures for obtaining a
your application no later than the button contained in the [Link] waiver. Applicants seeking a waiver of
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26642 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
the electronic submission requirement (a) Your developer or other team you have plans to fill such gaps,
must request a waiver in accordance members have extensive, recent (within internally or externally, in a timely
with 24 CFR 5.1005. If the waiver is the last five years), and successful manner in order to implement
granted, the program office’s response experience in the redevelopment of successfully your Revitalization plan;
will include instructions on how, public housing, including planning, (d) You have demonstrated that
where, and how many hard copies of implementing, and managing physical physical development activities will
the paper application must be development, financing, leveraging, and proceed as promptly as possible
submitted. Applicants that are granted a partnership activities; following grant award, and you will be
waiver of the electronic submission (b) Your developer or other team able to begin significant construction
requirement will not be afforded members have extensive, recent (within within 18 months of the award of the
additional time to submit their the last five years), and successful grant. Applicants must provide a
applications. The deadlines for experience in mixed finance and mixed program schedule, developed in
applications will remain as provided in income development, including accordance with the timeframes in
this NOFA. As a result, applicants planning, implementing, and managing Section III.C. (Timeliness of
seeking a waiver of the electronic physical development, financing, Development) and V.A, in order to
application submission requirement leveraging, and partnership activities; demonstrate this criterion.
should submit their waiver request with (c) You propose development using (1) You will receive up to 3 points if
sufficient time to allow HUD to process low-income tax credits, and your you have some but not extensive
and respond to the request. Applicants developer or other team members have experience in the factors described
should also allow themselves sufficient relevant tax credit experience; and above.
time to submit their application so that (d) If homeownership, rent-to-own, (2) You will receive zero points if you
HUD receives the application by the cooperative ownership, or other major do not have the experience described
established deadline date. For this development components are proposed, and the application does not
reason, HUD strongly recommends that your developer or other team member demonstrate that it has the capacity to
an applicant that finds it is unable to has relevant, successful experience in carry out your Revitalization plan. You
submit its application electronically and development, sales, or conversion will also receive 0 points if your
must seek a waiver of the electronic activities. application does not address this factor
grant submission requirement, submit (2) You will receive up to 3 points if to an extent that makes HUD’s rating of
its waiver request to the headquarters of your developer or other team members this factor possible.
the applicable HUD office no later than have some but not extensive experience c. Capacity of Existing HOPE VI
30 days before the application deadline in the factors described above. Revitalization grantees. HUD will use
date. This will allow time for HUD to (3) You will receive zero points if data from the Quarterly Reports to
process the waiver request and give the your developer or other team members evaluate this Rating Factor.
applicant sufficient time to submit the do not have the experience described (1) This section applies only to
paper application to meet the deadline above and the application does not applicants that have received HOPE VI
date requirement if the waiver is demonstrate that it has the capacity to Revitalization grants for fiscal years
granted. To expedite the receipt and carry out your Revitalization plan. You 1993–2003. If an applicant has more
review of such requests, applicants may will also receive 0 points if your than one HOPE VI Revitalization grant,
email their requests to the program application does not address this factor each will be rated separately, not
contact listed in the NOFA. to an extent that makes HUD’s rating of averaged, and the highest deduction
Applications that are received after the this factor possible. will be made. Applicants with HOPE VI
established deadline date will not be b. Development Capacity of Revitalization grants only from FY2004
considered. Applicant—5 points. Address this or FY2005, or no existing HOPE VI
Rating Factor through your narrative. Revitalization grants are not subject to
V. Application Review Information
This rating factor looks at the this section.
A. Criteria development capacity of ONLY the (2) As indicated in the following
applicant (not other members of the tables, up to 5 points will be deducted
1. Rating Factor: Capacity—23 Points
development team). if a grantee has failed to achieve
Total (1) You will receive up to 5 points if adequate progress in relation to
a. Capacity of the Development your application demonstrates that: cumulative public housing rental unit
Team—5 points. Address this Rating (a) Separate from your team, you have production. Production achievement
Factor through your narrative. This extensive, recent (within the last five numbers will be taken from the
rating factor looks at the capacity of the years), and successful experience in the quarterly reporting system for the
development team as a whole. The term redevelopment of public housing, quarter most recently completed at the
‘‘your Team’’ includes PHA staff who including planning, implementing, and time the NOFA is published in the
will be involved in HOPE VI grant managing physical development, Federal Register (March 31, 2006).
administration, and any alternative financing, leveraging, and partnership
management entity that will manage the activities; Percent of public housing unit Points
revitalization process, be responsible for (b) Separate from your team, you have production completed deducted
meeting construction time tables, and extensive, recent (within the last five
obligating amounts in a timely manner. years), and successful experience in Grants Awarded in FY1993–1999
This includes any developer partners, mixed finance and mixed income
program managers, property managers, development, including planning, Less than 100 Percent ............. 5
subcontractors, consultants, attorneys, implementing, and managing physical
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Percent of public housing unit Points e. Property Management Capacity—3 (x) Work order completion
production completed deducted points. Address this Rating Factor (xi) Project-based budgeting
through your narrative. (xii) Management of Homeownership
65–69 Percent .......................... 4 (1) Property management activities and rent-to-own programs
Less than 65 Percent ............... 5 may be the responsibility of the PHA or (xiii) Energy Audits
Grants Awarded in FY2001 another member of the team, which may (xiv) Utility/Energy Incentives
include a separate entity that you have (b) You will receive 0 points if your
80–100 Percent ........................ 0 procured or will procure to carry out application does not describe how you
70–79 Percent .......................... 1 property management activities. In your or your property manager will
60–69 Percent .......................... 2 application you will describe the administer all the elements of a property
50–59 Percent .......................... 3 number of units and the condition of the
40–49 Percent .......................... 4 management plan listed above, or if
units currently managed by you or your there is not sufficient information
Less than 40 Percent ............... 5
property manager, your annual budget provided to evaluate this factor.
Grants Awarded in FY2002 for those activities, and any awards or f. PHA or MTW Plan—1 point.
recognition that you or your property (1) You will receive 1 point if your
60–100 Percent ........................ 0 manager have received. application demonstrates that you have
50–59 Percent .......................... 1 (2) Past Property Management
40–49 Percent .......................... 2
incorporated the revitalization plan
Experience—2 points. described in your application into your
30–39 Percent .......................... 3
20–29 Percent .......................... 4 (a) You will receive 2 points if your most recent PHA plan or MTW Annual
Less than 20 Percent ............... 5 application demonstrates that you or plan (whether approved by HUD or
your property manager currently have pending approval). In order to qualify as
Grants Awarded in FY2003 extensive knowledge and recent (within ‘‘incorporated’’ under this factor, your
the last five years), successful PHA or MTW plan must indicate the
25–100 Percent ........................ 0 experience in property management of
20–24 Percent .......................... 1 intent to pursue a HOPE VI
the housing types included in your Revitalization grant and the public
15–19 Percent .......................... 2
10–14 Percent .......................... 3 revitalization plan. This may include housing development for which it is
5–9 Percent .............................. 4 market-rate rental housing, public targeted.
Less than 5 Percent ................. 5 housing, and other affordable housing, (2) You will receive 0 points if you
including rental units developed with have not incorporated the revitalization
d. CSS Program Capacity—3 points. low-income housing tax credit plan described in your application into
See Sections I. and III. of this NOFA assistance. If your Revitalization plan your PHA or MTW plan, or if your
for detailed information on CSS includes cooperatively-owned housing, application does not address this factor
activities. Address this Rating Factor rent-to-own units, or other types of to an extent that makes HUD’s rating of
through your narrative. managed housing, in order to receive this factor possible.
(1) You will receive 2 points if your the points for this factor, you must g. Public Housing Assessment System
application demonstrates one of the demonstrate recent, successful (PHAS)—2 points.
following. If you fail to demonstrate one experience in the management of such (1) If you have been rated as an
of the following, you will receive 0 housing by the relevant member(s) of Overall High Performer for your most
points: your team. recent PHAS review as of the
(a) If you propose to carry out your (b) You will receive 1 point if your application submission date, you will
CSS plan in-house and you have recent, application demonstrates that you or
quantifiable, successful experience in receive 2 points.
your property manager has some but not (2) If you have been rated as an
planning, implementing, and managing extensive experience of the kind
the types of CSS activities proposed in Overall Standard Performer for your
required for your Revitalization plan. most recent PHAS review as of the
your application, or (c) You will receive 0 points if your
(b) If you propose that a member(s) of application submission date, you will
application does not demonstrate that receive 1 point.
your team will carry out your CSS plan,
you or your property manager have the (3) If you have been rated as a
that this procured team member(s) has
experience to manage your proposed Troubled Performer that is either
the qualifications and demonstrated
plan, or if your application does not Troubled in One Area or Overall
experience to plan, implement, manage,
address this factor to an extent that Troubled as of the application
and coordinate the types of activities
makes HUD’s rating of this factor submission date, you will receive 0
proposed, and that you have the
possible. points.
capacity to manage that team member,
(3) Property Management Plan—1 (4) For this rating factor, MTW PHA
including a plan for promptly hiring
staff or procuring this team member. point. applicants will be rated on their
(2) You will receive 1 point if your (a) You will receive 1 point if your compliance with their MTW
application demonstrates that: application describes how you or your Agreements.
(a) You have an existing HOPE VI property manager will administer the (a) If you are in compliance with your
grant and your current CSS team will be following elements of a property MTW Agreement, you will receive 2
adequate to implement a new program, management plan: points.
including new or changing programs, (i) Property maintenance (b) If you are not in compliance with
without weakening your existing team. (ii) Rent collection your MTW Agreement, you will receive
(b) You do not have an existing HOPE (iii) PIC 50058 reporting zero points.
VI Revitalization grant and you (iv) Site-based management experience h. Regular Maintenance—2 points.
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demonstrate how your proposed CSS (v) Tenant grievances (1) Through PHAS, HUD measures the
team will be adequate to implement a (vi) Evictions prevalence of items that need to be fixed
new program, including new or (vii) Occupancy rate (defects) in PHAs’ public housing
changing services, without weakening (viii) Unit turnaround developments. PHAs receive a report
your existing staffing structure. (ix) Preventive maintenance entitled ‘‘Comparison of the Top 20
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26644 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
Observed Defects (Projected).’’ HUD points for the following separate c. Need for HOPE VI Funding—4
conducts analyses related to this report. subfactors, as indicated. Points
In these analyses, HUD separates the (a) You will receive up to 3 points if (1) HUD will evaluate the extent to
regular maintenance projected defects your application demonstrates that there which you could undertake the
from the total projected defects (other are major deficiencies in the project’s proposed revitalization activities
categories of defects include capital and infrastructure, including roofs, without a HOPE VI grant. Large amounts
life threatening/exigent health and electrical, plumbing, heating and of available FY 2001–2005 Capital
safety), applies them across all units in cooling, mechanical systems, Funds (including Comprehensive
the PHA’s inventory and develops a rate settlement, and other deficiencies in Improvement Assistance Program
of defects per unit. HUD will compare Housing Quality Standards. (CIAP) and Comprehensive Grant
the PHA’s most recent PHAS projected (b) You will receive up to 3 points if Program (CGP) but not Replacement
number of regular maintenance defects your application demonstrates that there Housing Factor funds (RHF) for
per unit and compare it to the previous are major deficiencies in the project site, purposes of this NOFA) indicate that the
projected number of regular including poor soil conditions, revitalization could be carried out
maintenance defects per unit. (a) You inadequate drainage, deteriorated without a HOPE VI grant. Available
will receive 2 points if your projected laterals and sewers, and inappropriate Capital Funds are defined as non-
number of regular maintenance defects topography. obligated funds that have not been
per unit has improved. (b) You will (c) You will receive up to 4 points if earmarked for other purposes in your
receive 0 points if your projected your application demonstrates that there PHA Plan. Funds earmarked in the PHA
number of regular maintenance defects are major design deficiencies, including: Plan for uses other than the
per unit have not improved. Inappropriately high population revitalization proposed in this
(2) MTW PHA. For this rating factor, density, room, and unit size and application will not be considered as
MTW PHA applicants will be rated on configurations; Isolation; Indefensible available. Based on the above definition,
their compliance with their MTW space; Significant utility expenses to determine the amount of available FY
Agreements. caused by energy conservation 2001–2005 Capital Funds, applicants
(a) If you are in compliance with your deficiencies that may be documented by must indicate in their application the
MTW Agreement, you will receive 2 an energy audit; and Inaccessibility for amount in the narrative of their
points. persons with disabilities with regard to application. See Section IV.B. of this
(b) If you are not in compliance with individual units (less than 5 percent of NOFA for documentation requirements.
your MTW Agreement, you will receive the units are accessible), entranceways, (2) You will receive 4 Points if your
zero points. and common areas. available Capital Funds balance is up to
i. Section 8 Management Assessment b. Impact of the Severely Distressed 20 percent of the amount of HOPE VI
Program (SEMAP)—2 points. Site on the Surrounding funds requested.
(1) If you have been rated as a High Neighborhood—3 Points (3) You will receive 3 Points if your
Performer for your most recent SEMAP available balance is 21–45 percent of the
(1) HUD will evaluate the extent to
rating as of the application submission amount of HOPE VI funds requested.
which the severely distressed public
(4) You will receive 2 Points if your
date, you will receive 2 points. housing project is a significant
available balance is 46–70 percent of the
(2) If you have been rated as Standard contributing factor to the physical
amount of HOPE VI funds requested.
for your most recent SEMAP rating as of decline of, and disinvestment by, public (5) You will receive 1 Point if your
the application submission date, you and private entities in the surrounding available balance is 71 to 90 percent of
will receive 1 point. neighborhood. In making this the amount of HOPE VI funds requested.
(3) If you have been rated as Troubled determination, HUD will evaluate your (6) You will receive zero Points if
for your most recent SEMAP rating as of narrative, crime statistics, photographs your available balance is more than 90
the application submission date, you or renderings, socio-economic data, percent of the amount of HOPE VI funds
will receive zero points. trends in property values, evidence of requested.
(4) For this rating factor, MTW PHA property deterioration and d. Need for Affordable Accessible
applicants will be rated on their abandonment, evidence of Housing in the Community—3 Points
compliance with their MTW underutilization of surrounding (1) Your application must
Agreements. properties, and indications of demonstrate the need for other housing
(a) If you are in compliance with your neighborhood disinvestment. available and affordable to families
MTW Agreement, you will receive 2 (2) You will receive up to 3 Points if receiving tenant-based assistance under
points. your application demonstrates that the section 8 (HCV), as described below and
(b) If you are not in compliance with project has a significant impact on the must be the most recent information
your MTW Agreement, you will receive surrounding neighborhood, as available at the time of the application
zero points. documented by each item listed above. deadline.
2. Rating Factor: Need—20 Points (3) You will receive up to 2 Points if (2) For purposes of this factor, the
Total your application demonstrates that the need for affordable housing in the
a. Severe Physical Distress of the project has a moderate impact on the community will be measured by
Public Housing Development—10 Points neighborhood, and only some of the Housing Choice Voucher program
(1) HUD will evaluate the extent of items listed above are adequately utilization rates or public housing
the severe physical distress of the documented. occupancy rates, whichever of the two
targeted public housing development. If (4) You will receive 0 Points if your reflects the most need. In figuring the
the targeted units have already been application does not demonstrate that Housing Choice Voucher utilization
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demolished, HUD will evaluate your the project has an impact on the rate, determine and provide the
description of the extent of the severe surrounding neighborhood, or if your percentage of HCV units out of the total
physical distress of the site as of the day application does not address this factor number authorized or the percentage of
the demolition application was to an extent that makes HUD’s rating of HCV funds expended out of the total
approved by HUD. You will receive this factor possible. amount authorized, whichever
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26645
percentage is higher. In figuring the Leverage consists of firm commitments this factor possible. You will receive 0
public housing occupancy rate, provide of funds and other resources. HUD will Points if your application does not
the percentage of units occupied out of rate your application based on the request HOPE VI funds for CSS
the total in your federal public housing amount of funds and other resources purposes.
inventory, excluding the targeted public that will be leveraged by the HOPE VI c. CSS Leveraging—5 Points. See
housing site. You should base your grant as a percentage of the amount of Section III.C, Program Requirements,
calculation only on the federal public HOPE VI funds requested. There are Program Requirements for Match and
housing units you manage. You may not four types of Leverage: Development Leverage for resource and
exclude units in your public housing and CSS, as described in the ‘‘Program documentation requirements. These
inventory that are being reserved for Requirements’’ section of Section III.C. requirements MUST be followed in
relocation needs related to other HOPE of this NOFA, and Anticipatory, and order to earn points under the leverage
VI Revitalization grant(s); or units in Collateral as described in this rating rating factor.
your public housing inventory that are factor. Each resource may be used for (1) You will receive 5 Points if the
being held vacant for uses related to a only one leverage category. Any ratio of the amount of HOPE VI funds
Section 504 voluntary compliance resource listed in more than one requested for CSS activities to the dollar
agreement. If you are a non-MTW site, category will be disqualified from all value of documented, committed CSS
you must use information consistent categories. In determining Leverage resources leveraged from other sources
with the Section Eight Management ratios, HUD will include as Leverage the is 1:2 or higher.
Assessment Program (SEMAP) and/or match amounts that are required by (2) You will receive 4 Points if the
the Public Housing Assessment System Section III. of this NOFA. Applicants ratio is between 1:1.75 and 1:1.99.
(PHAS) submissions. If you are an MTW must follow the Program Requirements (3) You will receive 3 Points if the
site, and do not report into SEMAP and/ for Match and Leverage section of ratio is between 1:1.5 and 1:1.749.
(4) You will receive 2 Points if the
or PHAS, you must demonstrate your Section III.C of this NOFA when
ratio is between 1:1.25 and 1:1.49.
utilization and/or occupancy rate using preparing their leverage documentation. (5) You will receive one Point if the
similar methods and information If leverage sources and amounts are not ratio is between 1:1 and 1:1.249.
sources in order to earn points under documented in accordance with (6) You will receive 0 Points if the
this rating factor. Sections III.C., they will not be counted ratio is less than 1:1, or if your
(3) You will receive 3 Points if your toward your leverage amounts. application does not address this factor
application demonstrates that the higher b. Development Leveraging—7 Points. to an extent that makes HUD’s rating of
of: For each commitment document,
this factor possible. You will receive 0
(a) The utilization rate of your HUD will evaluate the strength of
Points if your application does not
Housing Choice Voucher program is 97 commitment and add the amounts that
request HOPE VI funds for CSS
percent or higher; or are acceptably documented. HUD will
purposes.
(b) The occupancy rate of your public then calculate the ratio of the amount of d. Anticipatory Resources
housing inventory is 97 percent or HUD funds requested to the amount of Leveraging—2 Points.
higher. funds that HUD deems acceptably Anticipatory Resources relate to
(c) HUD will use the higher of the two documented. HUD will round figures to activities that have taken place in the
rates to determine your score. two decimal points, using standard past and that were conducted in direct
(4) You will receive 2 Points if your rounding rules. See Section III.C, relation to a HOPE VI Revitalization
application demonstrates that the higher Program Requirements, Program grant. In many cases, PHAs, cities, or
of: Requirements for Match and Leverage other entities may have carried out
(a) The utilization rate of your for resource and documentation revitalization activities (including
Housing Choice Voucher program is requirements. These requirements demolition) in previous years in
between 95 and 96 percent; or, MUST be followed in order to earn
(b) The occupancy rate of your public anticipation of your receipt of a HOPE
points under the leverage rating factor. VI Revitalization grant. These
housing inventory is between 95 and 96 (1) You will receive 7 Points if the
percent. expenditures, if documented, may be
ratio of the amount of HOPE VI funds counted as leveraged anticipatory
(c) HUD will use the higher of the two requested for physical development
rates to determine your score. resources. They cannot duplicate any
activities (not including CSS, other type of resource and cannot be
(5) You will receive 1 Point if your administration or relocation) to the
application demonstrates that the higher counted towards match. Public Housing
dollar value of documented, committed funds other than HOPE VI
of: development resources from other
(a) The utilization rate of your Revitalization, e.g., HOPE VI Demolition
sources is 1:3 or higher. grant funds, HOPE VI Neighborhood
Housing Choice Voucher program is (2) You will receive 6 Points if the
between 93 and 94 percent; or Networks grant funds, HOPE VI Main
ratio is between 1:2.50 and 1:2.99
(b) The occupancy rate of your public (3) You will receive 5 Points if the Street grant funds, Capital Fund
housing inventory is between 93 and 94 ratio is between 1:2.0 and 1:2.49. Program, may be included, and will be
percent. (4) You will receive 4 Points if the counted, toward your Anticipatory
(c) HUD will use the higher of the two ratio is between 1:1.50 and 1:1.99. Resources rating below. For
rates to determine your score. (5) You will receive 3 Points if the Anticipatory Resources ratios, ‘‘HOPE
(6) You will receive 0 Points if both ratio is between 1:1.0 and 1:1.49. VI funds requested for physical
the utilization rate of your Housing (6) You will receive 2 Points if the development activities’’ is defined as
Choice Voucher program and the ratio is between 1:0.50 and 1:0.99. your total requested amount of funds
occupancy rate of your public housing (7) You will receive one Point if the minus your requested CSS,
jlentini on PROD1PC65 with NOTICES2
inventory are less than 93 percent. ratio is between 1:0.25 and 1:0.49. administration amounts, and relocation.
3. Rating Factor: Leveraging—16 (8) You will receive 0 Points if the HUD will presume that your combined
Points Total ratio is less than 1:0.25, or if your CSS, administration and relocation
a. Leverage. Although related to application does not address this factor amounts are the total of Budget Line
match, leverage is strictly a rating factor. to an extent that makes HUD’s rating of Items 1408 (excluding non-CSS
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26646 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
Management Improvements), 1410, and 4. Rating Factor: Resident and (2) You will receive 1 point if your
1495 on the form HUD–52825–A, Community Involvement—3 Points application demonstrates that you will
‘‘HOPE VI Budget’’ that is included in Total be able to provide case management
your application. See Section III for a. HUD will evaluate the nature, within 30 days from the date of the
Program Requirements and Section IV extent, and quality of the resident and grant award letter so that residents who
for Documentation Requirements. These community outreach and involvement will be relocated have time to
requirements MUST be followed as you have achieved by the time your participate and benefit from CSS
relevant in order to earn points under application is submitted, as well as your activities before leaving the site.
the leverage rating factor plans for continued and additional (3) You will receive 0 points if your
(1) You will receive 2 Points if the outreach and involvement beyond the application does not demonstrate either
ratio of the amount of HOPE VI funds minimum threshold requirements. See of the above criteria, or your application
requested for physical development Section III.C. of this NOFA for Resident does not include sufficient information
activities to the amount of your and Community Involvement to be able to evaluate this factor.
documented anticipatory resources is requirements. c. Needs Assessment and Results—3
1:0.1 or higher. b. Resident and Community points.
(2) You will receive 0 Points if the Involvement—3 Points. (1) You will receive 3 points if your
ratio of the amount of HOPE VI funds You will receive one Point for each of application demonstrates that a
requested for physical development the following criteria met in your comprehensive resident needs
activities, to the amount of your application, which are over and above assessment has been completed as of the
documented anticipatory resources is the threshold requirements listed in application due date and that this needs
less than 1:0.1. Section III.C. of this NOFA. assessment is the basis for the CSS
e. Collateral Investment Leveraging— (1) Your application demonstrates Program proposed in the application.
2 Points. that you have communicated regularly You must describe and quantify the
Collateral investment includes and significantly with affected results of the needs assessment.
physical redevelopment activities that residents, state and local governments, (2) You will receive up to 2 points if
are currently underway, or have yet to private service providers, financing your application demonstrates that a
begin but are projected to be completed entities, developers, and other members resident needs assessment has been
before October 1, 2010. The expected of the surrounding community about the completed as of the application due
completion time must be addressed in development of your revitalization plant date, but does not show that the needs
your application. In order for a leverage by giving residents and community assessment was comprehensive clearly
source to be counted as collateral members information about your actions linked to the proposed CSS Program,
investment, your application must regarding the revitalization plan and and/or does not describe and quantify
demonstrate that the related activities providing a forum where residents and the results of the needs assessment.
community members can contribute (2) You will receive 0 points if your
will directly enhance the new HOPE VI
recommendations and opinions with application does not demonstrate any of
community, but will occur whether or
regard to the development and the above criteria, or your application
not a Revitalization grant is awarded to
implementation of the revitalization does not include sufficient information
you and the public housing project is
plan. to be able to evaluate this factor.
revitalized. This includes economic or
d. Transition to Housing Self-
other kinds of development activities (2) Your application demonstrates
Sufficiency—5 points.
that would have occurred with or your efforts, past and proposed, to make
You will receive up to 5 Points if you
without the anticipation of HOPE VI appropriate HUD communications about
address the methods you will use to
funds. These resources cannot duplicate HOPE VI available to affected residents
assist public housing residents in their
any other type of resource and cannot be and other interested parties, e.g., a copy
efforts to transition to other affordable
counted as match. Examples of of the NOFA, computer access to the
and market-rate housing, i.e., to gain
collateral investments include local HUD Web site, etc.
‘‘housing self-sufficiency.’’
schools, libraries, subways, light rail (3) Your application demonstrates (1) You will receive up to 5 Points if
stations, improved roads, day care your plans to provide affected residents your application demonstrates that your
facilities, and medical facilities. See with reasonable training on the general CSS Program includes and addresses all
Section III for Program Requirements principles of development, technical three of the below items. Your CSS
and Section IV for Documentation assistance, and capacity building so that Program:
Requirements. These requirements they may participate meaningfully in (a) Provides measurable outcomes for
MUST be followed as relevant in order the development and implementation this endeavor;
to earn points under the leverage rating process. (b) Describes in detail how your other
factor. 5. Rating Factor: Community and CSS and FSS activities relate to the
(1) You will receive 2 Points if the Supportive Services—12 Points Total transition of public housing residents to
ratio of the amount of HOPE VI funds a. CSS Program Requirements. See housing self-sufficiency; and
requested for physical development Section III.C for CSS program (c) Specifically addresses the
activities (not including CSS or requirements. In your application, you grassroots, community-based and faith-
administration) to the amount of your will describe your CSS plan, including based organizations, etc. that will join
documented collateral resources is 1:1.0 any plans to implement a CSS you in the endeavor.
or higher. Endowment Trust. Each of the following (2) You will receive up to 2 Points if
(2) You will receive 0 Points if the subfactors will be rated separately. your CSS Program includes and
ratio of the amount of HOPE VI funds b. Case Management—2 points. addresses at least two of the above three
jlentini on PROD1PC65 with NOTICES2
requested for physical development (1) You will receive 2 Points if your items (a) through (c) above.
activities (not including CSS or application demonstrates that you are (3) You will receive 0 Points if your
administration) to the amount of your already providing case management CSS Program includes and addresses
documented collateral resources is less services to the targeted residents by this less than two of the above items (a)
than 1:1.0. proposal as of the application due; through (c) above.
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26647
f. Quality and Results Orientation in application does not provide sufficient is the ability of certain elements of a
CSS Program—2 points. information to evaluate this rating dwelling unit, such as kitchen counters,
(1) You will receive 2 Points if you factor. sinks, and grab bars, to be added to,
have proposed a comprehensive, high 7. Rating Factor: Fair Housing and raised, lowered, or otherwise altered, to
quality, results-oriented CSS program Equal Opportunity—6 Points Total accommodate the needs of persons with
that is based on a case management a. FHEO Disability Issues—3 Points or without disabilities, or to
system and that provides services/ Total. accommodate the needs of persons with
programs to meet the needs of all (1) Accessibility—2 Points. different types or degrees of disability.
residents groups (e.g., youth, adult, (a) Over and above the accessibility For example, the wiring for visible
elderly, disabled) targeted by the requirements listed in Section III.C. of emergency alarms may be installed so
application. These services/programs this NOFA, you will receive 2 Points if that a unit can be made ready for
may be provided directly or by partners. your application demonstrates that you occupancy by a hearing-impaired
They must be designed to assist have a detailed plan to: person (For information on adaptability,
residents affected by the revitalization (i) Provide accessibility in see [Link]
in transforming their lives and homeownership units (e.g., setting a programs/ph/hope6/pubs/[Link]);
becoming self-sufficient, as relevant. goal of constructing a percentage of the and
(2) You will receive up to 1 Point if homeownership units as accessible (ii) The visitability standards
you have proposed a CSS program that units for persons with mobility recommended by HUD that apply to
meets some but not all of the criteria in impairments; promising to work with units not otherwise covered by the
the paragraph above; prospective disabled buyers on accessibility requirements. Visitability
(3) You will receive 0 points if your modifications to be carried out at a standards allow a person with mobility
application does not demonstrate any of buyer’s request; exploring design impairments access into the home, but
the above criteria, or your application alternatives that result in townhouses do not require that all features be made
does not include sufficient information that are accessible to persons with accessible. A visitable home also serves
to be able to evaluate this factor. disabilities); persons without disabilities, such as a
6. Rating Factor: Relocation—5 Points (ii) Provide accessible units for all mother pushing a stroller or a person
Total eligible populations ranging from one- delivering a large appliance. See http://
See Sections III.C. of this NOFA for bedroom units for non-elderly single [Link]/offices/pih/programs/ph/
Relocation and Relocation Plan persons with disabilities through units hope6/pubs/[Link] for information
requirements. For all applicants, in all bedroom sizes to be provided; on visitability.
whether you have completed, or have (iii) Provide for accessibility The two standards of visitability are:
yet to complete, relocation of all modifications, where necessary, to (A) At least one entrance at grade (no
residents of the targeted project, your Housing Choice Voucher-assisted units steps), approached by a sidewalk; and
HOPE VI Relocation Plan must include of residents who relocate from the (B) The entrance door and all interior
the three goals set out in Section 24 of targeted project to private or other passage doors are at least 2 feet 10
the 1937 Act, as described in Sections public housing due to revitalization inches wide, allowing 32 inches of clear
a.(1)(a), (b) and (c) below. activities. The Department has passage space.
a. You will receive up to 5 Points for determined that the costs of such (b) You will receive 0 Points if your
this Factor if you describe thoroughly modifications are eligible costs under application does not demonstrate that
how your Relocation Plan: the HOPE VI program; you have specific plans to implement
(1) Includes a description of specific (iv) Where playgrounds are planned, both (i) and (ii) as specified above, or if
activities that have minimized, or will propose ways to make them accessible your application does not address this
minimize, permanent displacement of to children with disabilities, over and factor to an extent that makes HUD’s
residents of the units that will be above statutory and regulatory rating of this factor possible.
rehabilitated or demolished in the requirements; and b. Fair Housing and Affirmative
targeted public housing site, provided (v) Where possible, design units with Marketing—1 Point Total.
that those residents wish to remain in or accessible front entrances. (1) Fair Housing—1 Point.
return to the revitalized community; (b) You will receive 1 Point if your (a) You will receive one Point if your
(2) Includes a description of specific application demonstrates that you have application demonstrates that:
activities that will give existing a detailed plan to implement from one (i) You have made and will make
residents priority over other families for to four of the accessibility priorities specific efforts to attract families from
future occupancy of public housing stated above, explaining why and how all segments of the population on a non-
units in completed HOPE VI you will implement the identified discriminatory basis and with a broad
Revitalization Development projects, or, accessibility priorities. spectrum of incomes to the revitalized
for existing residents that can afford to (c) You will receive 0 Points if your site through intensive affirmative
live in non-public housing HOPE VI application does not demonstrate that marketing efforts and how these efforts
units, priority for future occupancy of you have a detailed plan that meets the contribute to the deconcentration of
those planned units; and specifications above, or if your low-income neighborhoods;
(3) Includes a description of specific application does not address this factor (ii) You have made and will make
CSS activities that will be provided to to an extent that makes HUD’s rating of specific efforts to target your marketing
residents prior to any relocation; this factor possible. and outreach activities to those persons
b. You will receive up to 3 Points for (2) Universal Design—1 Point. and groups least likely to know about
this Factor if your Relocation Plan (a) You will receive 1 Point if your these housing opportunities, in order to
complies with some but not all of the application demonstrates that you have promote housing choice and
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26648 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
your outreach and marketing efforts will greatest extent feasible, direct training, whichever percentage is higher. In
reach out to persons of different races employment, and other economic figuring the public housing occupancy
and ethnic groups, families with or opportunities to: rate, provide the percentage of units
without children, persons with (a) Low- and very low-income occupied out of the total in your federal
disabilities and able-bodied persons, persons, particularly those who are public housing inventory, excluding the
and the elderly; and recipients of government assistance for units in the targeted project. You should
(iii) The specific steps you plan to housing, and base your calculation only on the
take through your proposed activities to (b) Business concerns which provide federal public housing units you
affirmatively further fair housing. These economic opportunities to low- and manage. You may not exclude units in
steps can include, but are not limited to: very low-income persons. your public housing inventory that are
(A) Addressing impediments to fair (3) You will receive 0 Points if your being reserved for relocation needs
housing choice relating to your plan to implement Section 3 does not related to other HOPE VI Revitalization
operations; meet the standards listed in Section (1) grant(s); or units in your public housing
(B) Working with local jurisdictions to and (2) above, or if your application inventory that are being held vacant for
implement their initiatives to does not address this factor to an extent uses related to a Section 504 voluntary
affirmatively further fair housing; that makes HUD’s rating of this factor compliance agreement. If you are a non-
(C) Implementing, in accordance with possible. MTW site, you must use information
Departmental guidance, relocation plans 8. Rating Factor: Well-Functioning consistent with the Section Eight
that result in increased housing choice Communities—8 Points Total Management Assessment Program
and opportunity for residents affected a. Affordable Housing—Up to 3 Points (SEMAP) and/or the Public Housing
by HOPE VI revitalization activities (1) Housing Definitions. For the Assessment System (PHAS)
funded under this NOFA; purposes of this rating section, housing submissions. If you are an MTW site,
(D) Implementing admissions and units are defined differently than in PIH and do not report into SEMAP and/or
occupancy policies that are housing programs, as follows: PHAS, you must demonstrate your
nondiscriminatory and help reduce (a) ‘‘project-based affordable housing
utilization and/or occupancy rate using
racial and national origin units’’ are defined as on-site and off-site
similar methods and information
concentrations; and housing units where there are
sources in order to earn points under
(E) Initiating other steps to remedy affordable-housing use restrictions on
this rating factor.
discrimination in housing and promote the unit, e.g., public housing, project- (3) Scoring when there will be No
fair housing rights and fair housing based HCV (Section 8) units, LIHTC Need for More Affordable Housing after
choice. units, HOME units, affordable the Targeted Project is Demolished—1
(b) You will receive 0 Points if you do homeownership units, etc. Point.
not address all of the above issues, or if (b) ‘‘public housing’’ is defined as (a) You will receive 1 Point for this
your application does not address this rental units that will be subject to the factor if your application demonstrates
factor to an extent that makes HUD’s ACC. that either:
rating of this factor possible. (2) Unit Mix and Need for Affordable (i) The utilization rate of your
c. Economic Opportunities for Low- Housing. Housing Choice Voucher program is less
and Very Low-Income Persons (Section (a) Your proposed unit mix should
than 95 percent; or
3)—2 Points. sustain or create more project-based (ii) The occupancy rate of your public
(1) HOPE VI grantees must comply affordable housing units that will be housing inventory is less than 95
with Section 3 of the Housing and available to persons eligible for public percent.
Urban Development Act of 1968 (12 housing in markets where the plan (iii) If either (a) or (b) above is less
U.S.C. 1701u) (Economic Opportunities shows there is demand for the than 95 percent, the other percentage
for Low- and Very Low-Income Persons maintenance or creation of such units. will be disregarded.
in Connection with assisted Projects) While it is up to you to determine the (4) Scoring when there will be Need
and its implementing regulations at 24 unit mix that is appropriate for your for More Affordable Housing after the
CFR part 135. Information about Section site, it is essential that this unit mix Targeted Project is Demolished—up to 3
3 can be found at HUD’s Section 3 Web include a sufficient amount of public Points.
site at [Link] housing rental units and other project- (a) For this factor, HUD considers you
[Link]. based affordable units. To the extent in need of project-based affordable
(2) You will receive 2 Points if your that the local market shows there is a housing if both:
application demonstrates that you have demand for it, applicants are (i) The utilization rate of your
a feasible plan to implement Section 3 encouraged to create additional project- Housing Choice Voucher program is 95
that not only meets the minimum based affordable housing units to be percent or more; and
requirements described in Section (1) made available for persons eligible for (ii) The occupancy rate of your public
above but also exceeds those public housing. housing inventory is 95 percent or more.
requirements. Your plan must include (b) For purposes of this factor, HUD (iii) If either (i) or (ii) above are less
your goals by age group, types of jobs, will determine whether you need than 95 percent, you do not need
and other opportunities to be provided, project-based affordable housing by affordable housing. You qualify for (3)
and plans for tracking and evaluation. using your Housing Choice Voucher above, not this section (4).
Section 3 firms must be in place quickly program utilization rate or public (b) The percentages below are defined
so that residents are trained in time to housing occupancy rate, whichever of as the number of planned project-based
take advantage of employment the two reflects the least need. In affordable units divided by the number
opportunities such as jobs and other figuring the Housing Choice Voucher of public housing units that the targeted
jlentini on PROD1PC65 with NOTICES2
contractual opportunities in the pre- utilization rate, determine and provide project contains or contained;
development, demolition, and the percentage of HCV units out of the (c) You will receive 3 Points if your
construction phases of the total number authorized or the application demonstrates that the
revitalization. Your Section 3 plan must percentage of HCV funds expended out number of project-based affordable units
demonstrate that you will, to the of the total amount authorized, in your plan is 125 percent or more of
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26649
the number of public housing units that homeownership opportunities for low- (d) Numbers of residents affected.
the targeted project contains or and moderate-income persons, persons (2) You will receive 2 points if your
contained; with disabilities, the elderly, minorities, application demonstrates a high level of
(d) You will receive 2 Points if your and families where English may be a quality and consistency;
application demonstrates that the second language. Too often these (3) You will receive 1 point if your
number of project-based affordable units individuals and families are shut out of application has a high level of quality,
in your plan is 110 to 124 percent of the the housing market through no fault of but contains minor internal
number of public housing units that the their own. HUD encourages applicants discrepancies;
targeted project contains or contained; to work aggressively to open up the (4) You will receive 0 points if your
(e) You will receive 1 Point if your realm of homeownership. application fails to demonstrate an
application demonstrates that the (1) Your application will receive 4 acceptable level of quality and
number of project-based affordable units Points if your application demonstrates consistency;
in your plan is 100 to 109 percent of the that your revitalization plan includes b. Appropriateness and Feasibility of
number of public housing units that the homeownership and that you have a the Plan—5 Points
targeted project contains or contained. feasible, well-defined plan for (1) You will receive 5 points if your
(f) You will receive 0 Points if your homeownership. In order to application demonstrates the following
application demonstrates that the about your revitalization plan:
demonstrate this, your application
number of project-based affordable units (a) It is appropriate and suitable, in
should include descriptions of the
in your plan is less than the number of the context of the community and other
following: revitalization options, in accordance
public housing units that the targeted (a) The purpose of your
project contains or contained or if your with the Appropriateness of Proposal
homeownership program;
application does not address this factor threshold in Section III.C. of this NOFA;
(b) The number of units planned and
(b) Fulfills the needs that your
to an extent that makes HUD’s rating of their location(s);
application demonstrated for Rating
this factor possible. (c) A description and justification of
b. Off-Site Housing—1 Point Factor 2;
the families that will be targeted for the (c) Is marketable, in the context of
(1) Factor Background program;
(a) Although not required, you are local conditions;
(d) The proposed source of your (d) If you include market-rate
encouraged to consider development of construction and permanent financing housing, economic development, or
replacement housing in locations other of the units; and retail structures in your revitalization
than the original severely distressed site (e) A description of the plan, you must provide a signed letter
(i.e., off-site housing). Locating off-site homeownership counseling you or a from an independent, third party,
housing in neighborhoods with low HUD-approved housing counseling credentialed market research firm, or
levels of poverty and low concentrations agency will provide to prospective professional that describes its
of minorities will provide maximized families, including such subjects as the assessment of the demand and
housing alternatives for low-income homeownership process, housing in associated pricing structure for the
residents who are currently on-site and non-impacted areas, credit repair, proposed residential units, economic
assist the goal of creating desegregated, budgeting, and home maintenance. development or retail structures, based
mixed-income communities. The effect (2) You will receive 2 Points for this on the market and economic conditions
on-site will be to assist in the factor if you address in your description of the project area.
deconcentration of low-income from one to four of the items listed (e) Is financially feasible, as
residents and increase the number of under (1). demonstrated in the financial
replacement units. (3) You will receive 0 Points for this structure(s) proposed in the application;
(b) Although it is acknowledged that factor if you do not propose to include (f) Does not propose to use public
off-site housing is not appropriate in homeownership units in your housing funds for non-public housing
some communities, if you do not Revitalization plan, your proposed uses;
propose to include off-site housing in program is not feasible and well (g) If extraordinary site costs have
your Revitalization plan, you are not defined, or if your application does not been identified, a certification of these
eligible to receive this point. address this factor to an extent that costs has been provided in the
(c) If you propose an off-site housing makes HUD’s rating of this factor application;
component in your application, you possible. (h) Describes the cost controls that
must be sure to include that component 9. Rating Factor: Soundness of will be used in implementing the
when you discuss other components Approach—30 Points Total project, in accordance with the Funding
(e.g. on-site housing, homeownership a. Quality and Consistency of the Restrictions and Program Requirements
housing, etc.). Throughout your Application—2 Points. sections of this NOFA;
application, your unit counts and other (1) The information and strategies (i) Includes a completed TDC/Grant
numerical data must take into account described in your application must be Limitations Worksheet in the
the off-site component. well organized, coherent, and internally application and follows the Funding
(2) Scoring. You will receive 1 Point consistent. Numbers and statistics in Restrictions and Program Requirements
if you propose to develop an off-site your narratives must be consistent with sections of this NOFA.
housing component(s) and document the information provided in the (2) You will receive 3 points if your
that: You have site control of the attachments. Also, the physical and CSS application demonstrates some but not
property(ies), that the site(s) meets all aspects of the application must be all of the criteria above.
environmental review requirements, compatible and coordinated with each (3) You will receive zero Points if
and that the site(s) meets site and other. Pay particular attention to the your application does not demonstrate
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neighborhood standards, in accordance data provided for: the criteria above or your application
with Section III.C.(1) of this NOFA. (a) Types and numbers of units; does not provide sufficient information
c. Homeownership Housing—4 Points. (b) Budgets; to evaluate this factor.
The Department has placed the (c) Other financial estimates, c. Neighborhood Impact and
highest priority on increasing including sources and uses; and Sustainability of the Plan—5 Points.
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26650 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
(1) You will receive up to 5 Points if timelines/milestones, you will earn 0 address this factor to an extent that
your application demonstrates your points. The timelines/milestones are: makes HUD’s rating of this factor
revitalization plan, including plans for (1) Grantees must submit possible.
retail, office, other economic Supplemental Submissions within 90 g. Energy Star—1 Point
development activities, as appropriate, days from the date of HUD’s written (1) Promotion of Energy Star
will: request. compliance is a HOPE VI Revitalization
(a) Result in a revitalized site that will (2) Grantees must submit CSS work program requirement. See Section III.C.
enhance the neighborhood in which the plans within 90 days from the execution of this NOFA.
project is located; of the grant agreement. (2) You will receive 1 Point if your
(b) Spur outside investment into the (3) Grantees must start construction application demonstrates that you will:
surrounding community; within 12 months from the date of (a) Use Energy Star labeled products;
(c) Enhance economic opportunities HUD’s approval of the Supplemental (b) Promote Energy Star design of
for residents; and Submissions as requested by HUD after replacement units; and
(d) Remove an impediment to grant award. This time period may not (c) Include Energy Star in
continued redevelopment or start a exceed 18 months from the date the homeownership counseling.
community-wide revitalization process. grant agreement is executed. (3) You will receive 0 Points if your
(2) You will receive up to 3 Points if (4) Grantees must submit the application does not demonstrate that
your application demonstrates that your development proposal (i.e., whether you will perform (a) through (c) above.
revitalization plan will have only a mixed-finance development, h. Evaluation—2 Points.
moderate effect on activities in the homeownership development, etc.) for You are encouraged to work with your
surrounding community, as described in the first phase of construction within 12 local university(ies), other institutions
(a) through (d) above. months of grant award. The program of learning, foundations, or others to
(3) You will receive 0 Points if your schedule must indicate the date on evaluate the performance and impact of
application does not demonstrate that which the development proposal for their HOPE VI revitalization plan over
your revitalization plan will have an each phase of the Revitalization plan the life of the grant. The proposed
effect on the surrounding community, as will be submitted to HUD. methodology must measure success
described in (a) through (d) above, or if (5) The closing of the first phase must
against goals you set at the outset of
your application does not address this take place within 15 months of grant
your revitalization activities. Evaluators
factor to an extent that makes HUD’s award. For this purpose, ‘‘closing’’
must establish baselines and provide
rating of this factor possible. means all financial and legal
d. Project Readiness—7 Points. ongoing interim reports that will allow
arrangements have been executed and
HUD places top priority on projects you to make changes as necessary as
actual activities (construction, etc.) are
that will be able to commence your project proceeds. Where possible,
ready to commence.
immediately after grant award. You will you are encouraged to form partnerships
(6) Grantees must complete
receive the following points for each with Historically Black Colleges and
construction within 48 months from the
applicable subfactor certified in your Universities (HBCUs); Hispanic-Serving
date of HUD’s approval of your
application. Institutions (HSIs); Community
Supplemental Submissions. This time
(1) You will receive 2 Points if the Outreach Partnership Centers (COPCs);
period for completion may not exceed
targeted severely distressed public the Alaskan Native/Native Hawaiian
54 months from the date the grant
housing site is completely vacant, i.e., Institution Assisting Communities
agreement is executed.
all residents have been relocated. f. Design—3 Points. Program (as appropriate); and others in
(2) You will receive 2 Points if the (1) You will receive up to 3 Points if HUD’s University Partnerships Program.
targeted severely distressed public your proposed site plan, new dwelling (1) You will receive 2 Points if your
housing site is cleared, i.e., all buildings units, and buildings demonstrate that: application includes a letter(s) from an
are demolished, or your revitalization (a) You have proposed a site plan that institution(s) of higher learning,
plan only includes rehabilitation and no is compact, pedestrian-friendly, with an foundations, or other organization that
demolition of public housing units. interconnected network of streets and specializes in research and evaluation
(3) You will receive 1 Point if a public open space; that provides a commitment to work
Master Development Agreement (MDA) (b) Your proposed housing, with you to evaluate your program and
has been developed and is ready to community facilities, and economic describes its proposed approach to carry
submit to HUD. However, in cases development facilities are thoroughly out the evaluation if your application is
where the PHA (not an affiliate/ integrated into the community through selected for funding. The letter must
subsidiary/instrumentality) will act as the use of local architectural tradition, provide the extent of the commitment
its own developer for all components of building scale, grouping of buildings, and involvement, the extent to which
the revitalization plan, then an MDA is and design elements; and you and the local institution of higher
not needed and the one point will be (c) Your plan proposes appropriate learning will cooperate, and the
awarded automatically. enhancements of the natural proposed approach. The commitment
(4) You will receive 1 Point if your environment. letter must address all of the following
preliminary site design is complete. (2) You will receive one Point if your areas for evaluation in order to earn full
(5) You will receive 1 Point if you proposed site plan, new dwelling units, points:
have held five (5) or more public and buildings demonstrate design that (a) The impact of your HOPE VI effort
planning sessions leading to resident adequately addresses one or two, but on the lives of the residents;
acceptance of the plan. not all three of the elements in (1) (b) The nature and extent of economic
e. Program Schedule. 5 points. You above. development generated in the
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will receive 5 points if the program (3) You will receive 0 Points if your community;
schedule provided in your application proposed design is perfunctory or (c) The effect of the revitalization
incorporates all the timelines/ otherwise does not address the elements effort on the surrounding community,
milestones discussed below. If your in (1) above. You will also receive 0 including spillover revitalization
schedule does not incorporate all the Points if your application does not activities, property values, etc.; and
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26651
(d) Your success at integrating the otherwise covered in Part A, are invited See Section IV.B. of this NOFA for
physical and CSS aspects of your to answer the 15 questions under Part B. documentation requirements that will
strategy. (3) Applicants that will be providing support threshold compliance and will
(2) You will receive zero Points if services in multiple jurisdictions may avoid technical deficiencies.
your application does not include a choose to address the questions in either c. Corrections to Deficient
commitment letter that addresses each Part A or Part B for that jurisdiction in Applications—Cure Period. The
of the areas above (paragraphs (a)-(d). which the preponderance of services subsection entitled, ‘‘Corrections to
10. Rating Factor: Incentive Criteria will be performed if an award is made. Deficient Applications,’’ in Section V.B.
on Regulatory Barrier Removal—2 (4) In no case will an applicant of the General Section is incorporated
Points Total receive more than two points for barrier by reference and applies to this NOFA,
a. Description. removal activities under this policy except that clarifications or corrections
Applicants must follow the guidance priority. of technical deficiencies in accordance
provided in the General Section under (5) Under Part A, an applicant that with the information provided by HUD
Section V.B. concerning the Removal of scores at least five in column 2 will must be submitted within 7 calendar
Regulatory Barriers to Affordable receive 1 point in the NOFA evaluation. days of the date of receipt of the HUD
Housing in order to earn points under An applicant that scores 10 or more in notification. (If the deadline date falls
this rating factor. Information from the column 2 will receive 2 points in the on a Saturday, Sunday, or federal
General Section V.B. is provided below NOFA evaluation. holiday, your correction must be
in part. In FY2006, HUD continues to (6) Under Part B, an applicant that received by HUD on the next day that
make removal of regulatory barriers a scores at least four in Column 2 will is not a Saturday, Sunday, or federal
policy priority. Through the receive one point in the NOFA holiday.).
Department’s America’s Affordable evaluation. An applicant that scores d. Applications that will not be rated
Communities Initiative, HUD is seeking eight or greater will receive a total of or ranked. HUD will not rate or rank
input into how it can work more two points in the respective evaluation. applications that are deficient at the end
effectively with the public and private (7) A limited number of questions on of the cure period stated in Section V.B.
sectors to remove regulatory barriers to form HUD–27300 expressly request the of the General Section or have not met
affordable housing. Increasing the applicant to provide brief the thresholds described in Section
affordability of rental and documentation with its response. Other III.C. of this NOFA. Such applications
homeownership housing continues to be questions require that, for each will not be eligible for funding.
a high priority of the Department. affirmative statement made, the
Addressing these barriers to housing applicant supply a reference, Internet 2. Preliminary Rating and Ranking
affordability is a necessary component address, or brief statement indicating a. Rating.
of any overall national housing policy. where the back-up information may be (1) HUD staff will preliminarily rate
Under this policy priority, higher rating found and a point of contact, including each eligible application, SOLELY on
points are available to (1) governmental a telephone number or e-mail address. the basis of the rating factors described
applicants that are able to demonstrate Applicants are encouraged to read in Section V.A. of this NOFA.
successful efforts in removing regulatory HUD’s three notices, which are available (2) When rating applications, HUD
barriers to affordable housing and (2) at [Link] reviewers will not use any information
nongovernmental applicants that are affordablecommunities, to obtain an included in any HOPE VI application
associated with jurisdictions that have understanding of this policy priority submitted in a prior year.
undertaken successful efforts in and how it can affect their score. (3) HUD will assign a preliminary
removing barriers. To obtain the policy Applicants that do not provide the score for each rating factor and a
priority points for efforts to successfully Internet addresses, references, or preliminary total score for each eligible
remove regulatory barriers, applicants documentation will not get the policy application.
must complete form HUD–27300, priority points. (4) The maximum number of points
‘‘Questionnaire for HUD’s Initiative on for each application is 125.
Removal of Regulatory Barriers.’’ Copies B. Reviews and Selection Process b. Ranking.
of HUD’s notices published on this issue HUD’s selection process is designed (1) After preliminary review,
can be found on HUD’s Web site at to ensure that grants are awarded to applications will be ranked in score
[Link] eligible PHAs with the most meritorious order.
[Link]. Form HUD–27300 is applications. HUD will consider the
available at [Link] 3. Final Panel Review
information you submit by the
sub/nonhud/cgi/pdfforms/[Link]. application submission date. After the a. A Final Review Panel made up of
b. Scoring. application submission date, HUD may HUD staff will:
(1) Local jurisdictions and counties not, consistent with its regulations in 24 (1) Review the Preliminary Rating and
with land use and building regulatory CFR part 4, subpart B, consider any Ranking documentation to:
authority applying for funding, as well unsolicited information that you or any (a) Ensure that any inconsistencies
as housing authorities, nonprofit third party may want to provide. between preliminary reviewers have
organizations, and other qualified been identified and rectified; and
applicants applying for funds for 1. Application Screening (b) Ensure that the Preliminary Rating
projects located in these jurisdictions, a. HUD will screen each application and Ranking documentation accurately
are invited to answer the 20 questions to determine if: reflects the contents of the application.
under Part A. (1) It meets the threshold criteria (2) Assign a final score to each
(2) State agencies or departments listed in Section III.C. of this NOFA; and application; and
jlentini on PROD1PC65 with NOTICES2
applying for funding, as well as housing (2) It is deficient, i.e., contains any (3) Recommend for selection the most
authorities, nonprofit organizations, and Technical Deficiencies. highly rated applications, subject to the
other qualified applicants applying for b. See Section III.C. of this NOFA for amount of available funding, in
funds for projects located in case-by-case information regarding accordance with the allocation of funds
unincorporated areas or areas not thresholds and technical deficiencies. described in Section II of this NOFA.
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26652 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
4. HUD reserves the right to make found to be ineligible or if it did not case-by-case basis when it determines
reductions in funding for any ineligible receive enough Points to be funded, you that such an exception will serve to
items included in an applicant’s will not be notified until the successful further the purposes of HOPE VI and its
proposed budget. applicants have been notified. HUD will effective and efficient administration.
5. In accordance with the FY2006 provide written notification to all (2) Procedure. HUD will consider
HOPE VI appropriation, HUD may not applicants, whether or not they have granting an exception only after the
use HOPE VI funds to grant competitive been selected for funding. grantee has provided a disclosure of the
advantage in awards to settle litigation 2. Award Letter. The notice of award nature of the conflict, accompanied by:
or pay judgments. letter is signed by the Assistant (a) An assurance that there has been
Secretary for Public and Indian Housing public disclosure of the conflict;
6. Tie Scores (grants officer) and will be delivered by (b) A description of how the public
If two or more applications have the fax and the U.S. Postal Service. disclosure was made; and
same score and there are insufficient 3. Revitalization Grant Agreement. (c) An opinion of the grantee’s
funds to select all of them, HUD will When you are selected to receive a attorney that the interest for which the
select for funding the application(s) Revitalization grant, HUD will send you exception is sought does not violate
with the highest score for the Soundness a HOPE VI Revitalization grant state or local laws.
of Approach Rating Factor. If a tie Agreement, which constitutes the (d) Consideration of Relevant Factors.
remains, HUD will select for funding the contract between you and HUD to carry In determining whether to grant a
application(s) with the highest score for out and fund public housing requested exception under Section (b)
the Capacity Rating Factor. HUD will revitalization activities. Both you and above, HUD will consider the
select further tied applications with the HUD will sign the cover sheet of the cumulative effect of the following
highest score for the Need Rating Factor. grant agreement, form HUD–1044. It is factors, where applicable:
effective on the date of HUD’s signature, (A) Whether the exception would
7. Remaining Funds which is the second signature. The grant provide a significant cost benefit or an
a. HUD reserves the right to reallocate agreement differs from year to year. Past essential degree of expertise to the
remaining funds from this NOFA to Revitalization grant Agreements can be Revitalization plan and demolition
other eligible activities under Section 24 found on the HOPE VI Web site at activities that would otherwise not be
of the 1937 Act. [Link] available;
(1) If the total amount of funds 4. Applicant Debriefing. Upon (B) Whether an opportunity was
requested by all applications found request, HUD will provide an applicant provided for open competitive bidding
eligible for funding under Section V.B. a copy of the total score received by or negotiation;
of this NOFA is less than the amount of their application and the score received (C) Whether the person affected is a
funds available from this NOFA, all for each rating factor. member of a group or class intended to
eligible applications will be funded and 5. General Section References. The be the beneficiaries of the Revitalization
those funds in excess of the total following sub-section of Section VI.A. of plan and Demolition plan and the
requested amount will be considered the General Section is hereby exception will permit such person to
remaining funds. incorporated by reference: receive generally the same interests or
(2) If the total amount of funds a. Adjustments to Funding. benefits as are being made available or
requested by all applications found b. Administrative and National Policy provided to the group or class;
eligible for funding under Section V.B. Requirements (D) Whether the affected person has
of this NOFA is greater than the amount 1. Program Requirements. See the withdrawn from his or her functions or
of funds available from this NOFA, Program Requirements in Section III for responsibilities, or the decision making
eligible applications will be funded information on HOPE VI program process, with respect to the specific
until the amount of non-awarded funds requirements grantees must follow. activity in question;
is less than the amount required to 2. Conflict of Interest in Grant (E) Whether the interest or benefit was
feasibly fund the next eligible Activities. present before the affected person was
a. Prohibition. In addition to the in a position as described in Section (C)
application. In this case, the funds that
conflict of interest requirements in 24 above;
have not been awarded will be
CFR part 85, no person who is an (F) Whether undue hardship will
considered remaining funds.
employee, agent, consultant, officer, or result either to the grantee or the person
8. The following sub-sections of
elected or appointed official of a grantee affected when weighed against the
Section V. of the General Section are
and who exercises or has exercised any public interest served by avoiding the
hereby incorporated by reference:
functions or responsibilities with prohibited conflict; and
a. HUD’s Strategic Goals;
respect to activities assisted under a (G) Any other relevant considerations.
b. Policy Priorities; 3. Salary Limitation for Consultants.
HOPE VI grant, or who is in a position
c. Threshold Compliance; FY 2006 funds may not be used to pay
to participate in a decision-making
d. Corrections to Deficient or to provide reimbursement for
process or gain inside information with
Applications; payment of the salary of a consultant
regard to such activities, may obtain a
e. Rating; and whether retained by the Federal
financial interest or benefit from the
f. Ranking. government or the grantee at more than
activity, or have an interest in any
VI. Award Administration Information contract, subcontract, or agreement with the daily equivalent of the rate of the
respect thereto, or the proceeds high of the pay band paid for level IV
A. Award Notices of the Executive Schedule, unless
thereunder, either for himself or herself
1. Initial Announcement. The HUD or for those with whom he or she has specifically authorized by law.
jlentini on PROD1PC65 with NOTICES2
Reform Act prohibits HUD from family or business ties, during his or her 4. Flood Insurance. In accordance
notifying you as to whether or not you tenure or for one year thereafter. with the Flood Disaster Protection Act
have been selected to receive a grant b. HUD-Approved Exception. of 1973 (42 U.S.C. 4001–4128), your
until it has announced all grant (1) Standard. HUD may grant an application may not propose to provide
recipients. If your application has been exception to the prohibition above on a financial assistance for acquisition or
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26653
construction (including rehabilitation) (c) 24 CFR 84.26 (audit requirements). summary of all expenditures made from
of properties located in an area the beginning of the grant agreement to
C. Reporting
identified by the Federal Emergency the end of the grant agreement and shall
Management Agency (FEMA) as having 1. Quarterly Report include any unexpended balances.
special flood hazards, unless: b. Racial and Ethnic Data. HUD
a. If you are selected for funding, you
a. The community in which the area requires that funded recipients collect
must submit a quarterly report to HUD.
is situated is participating in the racial and ethnic beneficiary data. It has
(1) HUD will provide training and
National Flood Insurance Program (see adopted the Office of Management and
technical assistance on the filing and
44 CFR parts 59 through 79), or less Budget’s Standards for the Collection of
than one year has passed since FEMA submitting of quarterly reports. Racial and Ethnic Data. In view of these
notification regarding such hazards; and (2) Filing of quarterly reports is requirements, you should use form
b. Where the community is mandatory for all grantees, and failure HUD–27061, Racial and Ethnic Data
participating in the National Flood to do so within the required timeframe Reporting Form (instructions for its
Insurance Program, flood insurance is will result in suspension of grant funds use), found on http://
obtained as a condition of execution of until the report is filed and approved by [Link], a comparable
a grant agreement. HUD. program form, or a comparable
5. Coastal Barrier Resources Act. In (3) Grantees will be held to the electronic data system for this purpose.
accordance with the Coastal Barrier milestones that are reported on the c. The final narrative and financial
Resources Act (16 U.S.C. 3501), your Quarterly Report Administrative and report shall be due to HUD 90 days after
application may not target properties in Compliance Checkpoints Report, as either the full expenditure of funds, or
the Coastal Barrier Resources System. approved by HUD. when the grant term expires, whichever
6. Policy Requirements. (4) Grantees must also report comes first.
a. OMB Circulars and Administrative obligations and expenditures in LOCCS,
Requirements. You must comply with or its successor system, on a quarterly VII. Agency Contacts
the following administrative basis. A. Technical Assistance
requirements related to the expenditure
2. Logic Model Reporting 1. Before the application submission
of federal funds. OMB circulars can be
a. The reporting shall include date, HUD staff will be available to
found at [Link]
submission of a completed Logic Model provide you with general guidance and
omb/circulars/[Link]. Copies of the
indicating results achieved against the technical assistance. However, HUD
OMB circulars may be obtained from
proposed output goal(s) and proposed staff is not permitted to assist in
EOP Publications, Room 2200, New
outcome(s) which you stated in your preparing your application. If you have
Executive Office Building, Washington,
approved application and agreed upon a question or need a clarification, you
DC 20503; telephone (202) 395–7332
with HUD. The submission of the Logic may call or send an email message to
(this is not a toll-free number). The Code
the Office of Public Housing
of Federal Regulations can be found at Model and required information should
Investments, attention: Leigh van Rij, at
[Link] be in accord with the reporting
202–401–8812, extension 5788,
[Link]. timeframes as identified in your grant
(1) Administrative requirements <leigh_e._van_rij@[Link]> (these are
agreement.
applicable to PHAs are: not toll-free numbers). You may also
b. The goals and outcomes that you
(a) 24 CFR part 85 (Administrative call, fax, or write Ms. Dominique Blom,
include in the Logic Model should
Requirements for Grants and Acting Deputy Assistant Secretary for
reflect your major activities and
Cooperative Agreements to State, Local, Public Housing Investments,
accomplishments under the grant. For
and Federally Recognized Indian Tribal Department of Housing and Urban
example, you would include unit
Governments), as modified by 24 CFR Development, 451 Seventh Street, SW.,
construction, demolition, etc. from the Room 4130, Washington, DC 20410–
941 or successor part, subpart F, relating ‘‘bricks-and-mortar’’ portion of the
to the procurement of partners in mixed 5000; telephone (202) 401–8812; fax
grant. As another example, for the CSS (202) 401–2370 (these are not toll-free
finance developments. portion of the grant, you may include
(b) OMB Circular A–87 (Cost numbers). Persons with hearing or
the number of jobs created or the speech challenges may access these
Principles for State, Local, and Indian number of families that have reached
Tribal Governments); telephone numbers through a text
self-sufficiency, but you would not telephone (TTY) by calling the toll-free
(c) 24 CFR 85.26 (audit requirements). include information on specific job
(2) Administrative requirements Federal Information Relay Service at
training and self-sufficiency courses. (800) 877–8339.
applicable to nonprofit organizations
c. As a condition of the receipt of 2. Frequently Asked Questions and
are:
(a) 24 CFR part 84 (Grants and financial assistance under this NOFA, General HOPE VI Information. Before
Agreements with Institutions of Higher all successful applicants will be the application submission date,
Education, Hospitals, and other required to cooperate with all HUD staff frequently asked questions (FAQ) on the
Nonprofit Organizations); or contractors performing HUD-funded NOFA will be posted to HUD’s grants
(b) OMB Circular A–122 (Cost research and evaluation studies. Web site at [Link]
Principles for Nonprofit Organizations); 3. Final Report adm/grants/[Link].
(c) 24 CFR 84.26 (audit requirements). 3. You may obtain general
(3) Administrative requirements a. The grantees shall submit a final information about HUD’s HOPE VI
applicable to for profit organizations report, which will include a financial programs from HUD’s HOPE VI Web
are: report and a narrative evaluating overall site: [Link]
(a) 24 CFR part 84 (Grants and performance against its HOPE VI programs/ph/hope6/.
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26654 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
2. Any technical corrections will also Public reporting burden for the frames into account. HUD recommends
be published in the Federal Register. collection of information is estimated to early submission so that if your
3. You are responsible for monitoring average 68 hours per annum per application is rejected you will have to
these sites during the application respondent for the application and grant make the correction and resubmit prior
preparation period. administration. This includes the time to the deadline date. See ‘‘Other
VIII. Other Information for collecting, reviewing, and reporting Submission Requirements,’’ Section
the data for the application, quarterly IV.F. of this NOFA and the General
A. Waivers. Any HOPE VI-funded reports and final report. The Section, and [Link]
activities at public housing projects are information will be used for grantee GetStarted.
subject to statutory requirements selection and monitoring the
applicable to public housing projects Full Text of Announcement
administration of funds. Response to
under the 1937 Act, other statutes, and this request for information is required I. Funding Opportunity Description
the annual contributions contract (ACC). in order to receive the benefits to be A. Available Funds. This NOFA
Within such restrictions, HUD seeks derived. announces the availability of
innovative solutions to the long-
Overview Information approximately $2.5 million in Fiscal
standing problems of severely distressed
Year (FY) 2005 funds and
public housing projects. You may A. Federal Agency Name. Department
approximately $2.5 million in FY 2006
request, for the revitalized project, a of Housing and Urban Development,
funds.
waiver of HUD regulations, subject to Office of Public and Indian Housing.
B. Purpose of the Program. The
statutory limitations and a finding of B. Funding Opportunity Title. HOPE
purpose of the HOPE VI Main Street
good cause under 24 CFR 5.110 if the VI Main Street Grants.
C. Announcement Type. Initial program is to provide grants to small
waiver will permit you to undertake
announcement. communities to assist in the
measures that enhance the long-term
D. Funding Opportunity Number. The rehabilitation and new construction of
viability of a project revitalized under
Federal Register number for this NOFA affordable housing in conjunction with
this program. HUD will assess each
is: FR–5059–N–01. The Office of an existing program to revitalize an
request to determine whether good
Management and Budget (OMB) historic or traditional central business
cause is established to grant the waiver.
B. Environmental Impact. A Finding paperwork approval number for this district or ‘‘Main Street Area.’’ The
of No Significant Impact with respect to program is 2577–0208. objectives of the program are to:
the environment has been made for this E. Catalog of Federal Domestic 1. Redevelop Main Street Areas;
notice in accordance with HUD Assistance (CFDA) Number. The CFDA 2. Preserve historic or traditional
regulations at 24 CFR part 50 that number for this NOFA is 14–866, architecture or design features in Main
implement Section 102(2)(C) of the ‘‘Demolition and Revitalization of Street Areas;
National Environmental Policy Act of Severely Distressed Affordable Housing 3. Enhance economic development
1969 (42 U.S.C. 4332). The Finding of (HOPE VI).’’ efforts in Main Street Areas; and
F. Dates. 4. Provide affordable housing in Main
No Significant Impact is available for
1. Application Submission Date. The Street Areas.
public inspection between 8 a.m. and 5
application deadline date is July 11, C. Statutory Authority.
p.m. in the Office of the General
2006. Applications must be received 1. The program authority for the
Counsel, Regulations Division, Room
and validated [Link] by 11:59:59 HOPE VI Main Street program is Section
10276, Department of Housing and
p.m. on the application deadline date. 24 of the United States Housing Act of
Urban Development, 451 Seventh Street,
See the General Section for application 1937 (42 U.S.C. 1437v), as amended by
SW., Washington, DC 20410–0500.
C. General Section References. The submission and timely receipt Section 535 of the Quality Housing and
following sub-sections of Section VIII. of requirements. Work Responsibility Act of 1998 (Pub.
the General Section are hereby 2. Estimated Grant Award Date. The L. 105–276, 112 Stat. 2461, approved
incorporated by reference: estimated award date will be October 21, 1998), as amended, and the
1. Executive Order 13132, Federalism; approximately September 15, 2006. HOPE VI Program Reauthorization and
2. Public Access, Documentation and G. Electronic Application Submission. Small Community Mainstreet
Disclosure; Applications for this NOFA must be Rejuvenation and Housing Act of 2003
4. Section 103 of the HUD Reform submitted electronically through http:// (Pub. L. 108–186, 117 Stat. 2685,
Act; [Link]. The applicant must be approved December 16, 2003).
5. The FY 2004 HUD NOFA Process fully registered completing the five step 2. The funding authority for the HOPE
and Future HUD Funding Processes; registration process for new applicants VI Main Street program is provided by
and or if you have previously submitted an the Consolidated Appropriations Act,
6. Sense of Congress. application for assistance with 2005 (Pub. L 108–447, approved
D. Paperwork Reduction Act [Link], ensuring that the December 8, 2005), under Title II, Public
Statement. The information collection registration in the Central Contractor and Indian Housing, Revitalization of
requirements contained in this Registry is updated. See HUD’s Federal Severely Distressed Public Housing
document have been approved by the Register Notice published on December (Hope VI), and the Transportation,
Office of Management and Budget 9, 2005 entitled ‘‘Notice of Opportunity Treasury, Housing and Urban
(OMB), under the Paperwork Reduction to Register Early for Electronic Development, the Judiciary, the District
Act of 1995 (44 U.S.C. 3501–3520) and Submission of Grant and HUD’s of Columbia, and Independent Agencies
assigned OMB Control Number 2577– registration brochure entitled ‘‘Step By Appropriations Act, 2006 (Pub. L. 109–
0208. In accordance with the Paperwork Step: Your Guide to Registering for 115, approved November 30, 2005),
jlentini on PROD1PC65 with NOTICES2
Reduction Act, HUD may not conduct or Grant Opportunities, Information for under Revitalization of Severely
sponsor, and a person is not required to Applicants and Grantees. Submission Distressed Public Housing (HOPE VI).
respond to, a collection of information validation by [Link] may take 24–48 3. The HOPE VI Program
unless the collection displays a hours so when submitting your Reauthorization and Small Community
currently valid OMB control number. application please take these time Mainstreet Rejuvenation and Housing
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26655
Act of 2003 states that, of the amount Street activities must be explicit, in building, a lease on a building, and
appropriated for the overall HOPE VI writing, and signed by a person other infrastructure;
program for any fiscal year, the authorized to make the commitment. (b) Services such as Homeownership
Secretary shall provide up to five 5. General Section means the Notice Counseling, other CSS and FSS
percent for use only for the Main Street of HUD’s Fiscal Year 2006 Notice of resources (see ‘‘Definitions,’’ Section
initiative. The statute amended Section Funding Availability Policy I.D. of this NOFA for the definition of
24(n) of the Act, which now provides Requirements and General Section to CSS), and time and services contributed
for grants to smaller communities, to the SuperNOFA for HUD’s Discretionary by volunteers.
provide assistance to carry out eligible Programs; Notice, Docket No. FR–FR– c. Leverage does NOT include, and
affordable housing activities. 5030–N–01, published in the Federal HUD will not count:
D. Definition of Terms Register on January 20, 2006. (1) Staff time of either the Local
1. Affordable Housing means rental or 6. Homeownership Unit means a Government applicant or the recognized
homeownership dwelling units that: housing unit that the Local Government developer entity; and
a. Are made available for initial makes available through a grant from (2) Wages projected to be paid to
occupancy to low-income families, with this NOFA for purchase by low-income residents through jobs that are provided
a subset of units made available to very families for use as their principal by CSS partners.
low- and extremely low-income residence; 10. Local Government means any city,
families; and 7. Initial Occupancy Period means the county/parish, town, township, parish,
b. Are subject to the same rules period of time that a rental unit is village, or other general purpose
regarding occupant contribution toward occupied by the initial low-income political subdivision of a state; Guam,
rent or purchase, and terms of rental or resident or the period of time that a the Northern Mariana Islands, the Virgin
purchase, as are public housing units in homeownership unit is owned by the Islands, American Samoa, the District of
a HOPE VI development. Public housing initial third-party, low-income Columbia and the Trust Territory of the
rights and responsibilities vary among purchaser. There is no set requirement Pacific Islands, or a general purpose
HOPE VI developments. HOPE VI for the length of this occupancy period. political subdivision thereof; a
public housing units use various 8. Jurisdiction means the physical combination of such political
mechanisms to set the resident portion area under the supervision of the Local subdivisions that is recognized by the
of rent, resident job training or Government. Secretary.
employment requirements, resident 9. Leverage means non-HOPE VI 11. Low-Income means a family
rights of return, and other occupancy funded donations of cash and in-kind (resident) with an income equal to or
issues. services that are firmly committed to the less than 80 percent of median income
2. Applicant Team (‘‘Team’’) means development of the Main Street for the local area, adjusted for family
the group of entities that will develop Affordable Housing Project (called Main size, in accordance with Section 3(b)(2)
the Project. The Team includes the unit Street Affordable Housing Project of the United States Housing Act of
of local government that submits the Leverage) or to the Main Street Area as 1937, as amended. HUD may establish
application and, where applicable, the a whole (called Main Street Area a level higher or lower than 80 percent
procured developer, the procured Leverage). because of prevailing construction costs
property manager, architects (including a. Leverage may include funds/in- or unusually high or low family
architects who are knowledgeable about kind services that are already expended, incomes in the area. HUD prescribed
universal design and Section 504 received but not expended, and firmly income limits are stated at http://
accessible design requirements), committed but not yet received. [Link]/datasets/il/IL05/
construction contractors, attorneys, b. Types of resources that may be Section8_IncomeLimits_2005.doc. Local
investment partners that comprise an counted include: area is defined as the non-metropolitan
owner entity, and other parties that may (1) Private mortgage-secured loans, county/parish or Primary Metropolitan
be involved in the development and Insured loans, and other debt; Statistical Area/Metropolitan Statistical
management of the Project. (2) Housing trust funds; Area (PMSA/MSA) or county/parish, as
3. Community and Supportive (3) Net sales proceeds from a prescribed by HUD, in which the low-
Services (‘‘CSS’’) means services to homeownership project that exceed the income family resides.
residents of the Project that may amount of HOPE VI funds used to 12. Main Street Area means an area
include, but are not limited to: develop the homeownership unit; designated by the applicant, that:
a. Homeownership counseling that is (4) Tax Increment Financing (TIF); a. Is within the jurisdiction of the
scheduled to begin promptly after grant (5) Proceeds from Low-Income applicant;
award so that, to the maximum extent Housing Tax Credits (LIHTC), Historic b. Has specific boundaries;
possible, qualified residents will be Preservation Tax Credits, and Tax c. Is or was:
ready to purchase new homeownership Exempt Bonds; (1) Traditionally the central business
units when they are completed; (6) Land Sale Proceeds. The value of district and center for socio-economic
b. Educational, life skills, job land sale proceeds may be included as interaction;
readiness and retention, employment leverage only if this value is a sales (2) Characterized by a cohesive core of
training, and other activities as proceed. Absent a sales transaction, the historic and/or older commercial and
described on HUD’s HOPE VI Web site value of land will not be counted; mixed-use buildings, often interspersed
at [Link] (7) Other Federal Funds. Other federal with civic, religious, and residential
programs/ph/hope6/css/; and sources may include non-public buildings, which represent the
c. Coordinating with fair housing housing funds provided by HUD; community’s architectural heritage;
groups to educate the Main Street (8) In-Kind Services, including (3) Typically arranged along a main
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Affordable Housing Project’s targeted donations of: street with intersecting side streets and
population on its fair housing rights. (a) Property such as land (donations public space; and
4. Firmly Committed means that the of land may be counted as leverage only (4) Pedestrian-oriented.
amount of Match or Leverage resources, if the donating entity owns the land to 13. Main Street Affordable Housing
and their dedication to HOPE VI Main be donated), materials, supplies, a Project (‘‘Project’’) is defined in
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26656 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
‘‘Program Requirements,’’ Section III.C. any conditions arising from the etiologic income for the local area, adjusted for
of this NOFA. agent for AIDS. In addition, no family size, in accordance with Section
14. Main Street Rejuvenation Master individual shall be considered a person 3(b)(2) of the United States Housing Act
Plan (‘‘Main Street Plan’’) is a with disabilities, for purposes of of 1937, as amended. HUD may
document, or group of documents, that eligibility for low-income housing, establish a level higher or lower than 50
serves to guide the rejuvenation of a based solely on any drug or alcohol percent because of prevailing
Main Street Area. It may be a formal, dependence. construction costs or unusually high or
detailed declaration of intent, or an e. The definition provided above for low family incomes in the area. HUD
informal collection of records from persons with disabilities is the proper prescribed income limits are stated at
various City, Chamber of Commerce, definition for determining program [Link]
Main Street organization meetings, and qualifications. However, the definition IL05/Section8_IncomeLimits_2005.doc.
portions of the applicant’s city-wide of a person with disabilities contained Local area is defined as the PMSA/MSA
Master Plan, that describes and in Section 504 of the Rehabilitation Act or nonmetropolitan county/parish, as
demonstrates the Main Street of 1973 and its implementing prescribed by HUD, in which the low-
rejuvenation effort’s components, such regulations must be used for purposes of income family resides.
as: reasonable accommodations. E. General Section Reference. The
a. Design, promotion, and economic 18. Program means the HOPE VI Main subsection entitled ‘‘Funding
impact; Street Program. Opportunity Description’’ in Section I.
b. Broad community support; 19. Recognized Developer means the of the General Section is hereby
c. Investment by both the public and Local Government applicant or a legal incorporated by reference.
private sectors; entity that has an agreement with the
d. Long-term planning and Local Government applicant to seek II. Award Information
commitment by a local organization; financing for, rehabilitate and/or A. Available Funds. A total of $5
e. Active administration and construct housing units, and to provide million is available for funding. $2.5
implementation by the applicant, or by Community and Supportive Services (if million is appropriated for FY 2005 and
a locally recognized Main Street required), for a HOPE VI Main Street must be obligated before September 30,
rejuvenation organization; and grantee. 2006; $2.5 million is appropriated for
f. Strong preservation element for a. For a non-complex development, FY 2006 and must be obligated before
historic or traditional architecture. the applicant may choose not to use a September 30, 2007.
g. Main Street Plan documentation developer, and instead directly procure B. Number of Awards. This NOFA
must comply with the minimum a design/build construction contractor will result in approximately 10 awards.
requirements stated in ‘‘Program and accountant. C. Range of Amounts of Each Award.
Requirements,’’ Section III.C. of this 20. Site Control means the Local Each applicant may request up to
NOFA. Government applicant, or its developer, $500,000.
15. Match is cash or in-kind donations has the legal authority to commit the D. Start Date, Period of Performance.
that: owner of the property to the The term of the grants that result from
a. Total at least five percent of the rehabilitation to be performed with this NOFA will start on the date that the
requested HOPE VI Main Street grant HOPE VI Main Street grant funds. Some grant award document is signed by HUD
amount; and examples of site control are: and will continue for 30 months
b. Are from government or private- a. The local government owns the thereafter.
sector sources other than HOPE VI property outright; E. Type of Instrument. Grant
funding, including Community b. The private owner of the property Agreement.
Development Block Grant Funds, which and the applicant have signed a F. Supplementation. Grants resulting
by statute are considered local money. developer agreement and the private from this NOFA do not supplement
16. Owner entity is the legal entity owner is the developer; other HOPE VI grants.
that holds title to the real property that c. The government-or private-owner
has signed a developer agreement with III. Eligibility Information
contains any affordable housing units
developed through this NOFA. a separate developer and the agreement A. Eligible Applicants. Eligible
17. Person with disabilities means a gives the developer control; applicants include, and are limited to,
person who: d. The applicant or developer has an Local Governments, as defined in
a. Has a condition defined as a option to purchase the property that Section I.D. of this NOFA and Section
disability in Section 223 of the Social covers a time period sufficient to obtain 102 of the Housing and Community
Security Act; grant funds for purchase (at least 180 Development Act of 1974 (42 U.S.C.
b. Has a developmental disability as days after award), and is contingent 5302). The Local Government must:
defined in Section 102 of the only upon: (1) Receipt of a grant from 1. Have an active Main Street
Developmental Disabilities Assistance this NOFA; and (2) satisfactory rejuvenation effort within its
Bill of Rights Act; or compliance with this NOFA’s jurisdiction;
c. Is determined to have a physical, environmental review requirements; 2. Have a population of 50,000 or
mental, or emotional impairment which: e. An owner-entity partnership was fewer; and
(1) Is expected to be of long-continued formed between the original owner and 3. Not be served by a Local
and indefinite duration; the applicant or the developer (or both) Government, county/parish, regional or
(2) Substantially impedes his or her and possibly a third-party investor (Tax state public housing agency (PHA) that
ability to live independently; and Credits) and the developer is the administers more than 100 public
(3) Is of such a nature that such ability General Partner; etc. housing units, provided that more than
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could be improved by more suitable 21. Unit of Local Government: See 100 of those units are within the Local
housing conditions. ‘‘Local Government’’ under this section. Government applicant’s jurisdiction.
d. The term ‘‘person with disabilities’’ 22. Very Low-Income Family means a For example, if a Local Government is
may include persons who have acquired family (resident) with an income equal served by a county PHA that
immunodeficiency syndrome (AIDS) or to or less than 50 percent of median administers 180 public housing units
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26657
(excluding Section 8), and 90 of those portions of the Main Street Affordable Street Area. See Section I.D. of this
units are located within the jurisdiction Housing Project, e.g., to the building NOFA for the definition of a Main Street
of the Local Government, then the Local envelop, to interior bearing walls of Area. If the applicant’s jurisdiction does
Government is eligible to apply. On the commercial space located below the not have a Main Street Area, the
other hand, if a Local Government is affordable housing units, and to systems application will not be eligible for
served by a county PHA that installation through commercial space funding through this NOFA.
administers 180 public housing units located below or adjacent to the c. Prior Existence of Main Street
(excluding Section 8), and 103 of those affordable housing units; Rejuvenation Master Plan. The Main
units are located within the jurisdiction b. Architectural and Engineering Street Plan must have been in existence
of the Local Government, then the Local activities, surveys, permits, and other prior to the publication date of this
Government is NOT eligible to apply. planning and implementation costs NOFA, that is, the Main Street Plan
B. Cost Sharing or Match. related to the construction and must demonstrate that, prior to this
1. Match. HUD is required by the rehabilitation of Main Street-related date, written documentation existed that
Quality Housing and Work affordable housing; fulfilled the definition of a Main Street
Responsibility Act (42 U.S.C. c. Tax credit syndication costs; Plan as defined in Section I.D. of this
1437v(c)(1)(A)) to include the d. Funding of moving expenses for NOFA. If the applicant’s Main Street
requirement for matching funds for all low-income residents displaced as a Rejuvenation Master Plan was not in
HOPE VI-related grants. Applicants result of construction or rehabilitation existence before the publication date of
must provide matching funds in the of the Project, in accordance with the this NOFA, the application will not be
amount of five percent of the requested Uniform Relocation Assistance and Real eligible for funding through this NOFA.
grant amount from sources other than Property Acquisition Policies Act of d. Main Street Affordable Housing
HUD HOPE VI funds. Match sources 1970 (URA) and Handbook CPD 02–08, Project (‘‘Project’’). The targeted
may include other federal sources, Guidance on the Application of the affordable housing project must conform
Community Development Block Grant Uniform Relocation Assurance and Real to this NOFA’s requirements for a Main
(CDBG) funds (which are statutorily Property Acquisition Policies Act of Street Affordable Housing Project, as
considered local funds), any state or 1970 (URA), as amended in HOPE VI defined in ‘‘Program Requirements,’’
local government sources, any private Projects; Section III.C. of this NOFA. If the
contributions, the value of any donated e. Management improvements targeted affordable housing project does
material or building, the value of any necessary for the proper development not conform to this NOFA’s
lease on a building, the value of the time and management of Main Street-related requirements of a project, the
and services contributed by volunteers, affordable housing, similar to and application will not be eligible for
and the value of any other in-kind including, but not limited to: funding through this NOFA.
services provided. The match may (1) Staff training (including travel) e. Inclusion of Affordable Housing.
include funds already spent on, or funds related to affordable housing Affordable housing must have been
committed to, the Main Street development and management and included in the applicant’s Main Street
Affordable Housing Project, provided public housing property management; Plan on or before the application
that they were or shall be used only for (2) Staff time and materials or deadline date for this NOFA. If
carrying out eligible affordable housing contractor services to revise or develop: affordable housing was not included in
activities. (a) Procedure manuals; the applicant’s Main Street Plan on or
a. Match donations must be firmly (b) Accounting systems, excluding before the application deadline date for
committed. ‘‘Firmly committed’’ means accounting services; this NOFA, the application will not be
that the amount of match resources and (c) Lease documents; eligible for funding through this NOFA.
their dedication to Main Street-related (d) Resident screening procedures; f. Zoning. Zoning for residential
affordable housing activities must be and housing, or mixed-use zoning that
explicit, in writing, and signed by a (e) Data processing systems. includes residential housing, must be in
person authorized to make the f. Leveraging non-HOPE VI funds and place on all project sites on or before the
commitment. The commitment must be in-kind services. See the definition of application deadline date. If zoning for
in place at the time of award. ‘‘Leverage’’ in Section I.D. of this residential housing, or mixed-use
b. The applicant may propose to use NOFA.; zoning that includes residential
the applicant’s own funds to meet the g. Community and Supportive housing, is not in place on all project
match requirement, provided that the Services. See Funding Restrictions in sites on or before the application
match funds do not originate from Section IV.E. of this NOFA. deadline date, the application will not
HOPE VI funds. h. See ‘‘Funding Restrictions,’’ be eligible for funding through this
c. The applicant’s staff time is not an Section IV.E. of this NOFA, for non- NOFA.
eligible cash or in-kind match. allowable costs and activities. g. Leverage for the Main Street
d. See Section IV.B. of this NOFA for 2. Thresholds. Rejuvenation Effort. The applicant must
the requirements for documentation of a. Match. Applicants must provide provide leverage funds/in-kind services
match resources. matching funds in the amount of five that are firmly committed to the Main
C. Other. percent of the requested grant amount Street rejuvenation effort that is
1. Eligible Uses of Grant Funds. Main from sources other than HUD HOPE VI described in the Main Street
Street grant funds may be expended on funds. See, ‘‘Cost Sharing or Match,’’ Rejuvenation Master Plan. According to
the following activities: Section III.B. of this NOFA. If the the authorizing statute, the targeted
a. New construction and applicant does not demonstrate that housing project must be part of an
rehabilitation of Main Street-related there will be matching funds of at least existing Main Street rejuvenation effort.
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affordable rental and homeownership five percent (5%) of the requested grant Existence of Main Street leverage
housing. New construction and amount, the application will not be donations that are not connected to the
rehabilitation activities that are intrinsic eligible for funding through this NOFA. targeted housing project helps to
to the development of the affordable b. Main Street Area. The applicant demonstrate that there is a wider-scaler
housing units may extend to other must have within its jurisdiction a Main rejuvenation effort in progress. These
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26658 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
leverage funds/in-kind services must be (2) Dun and Bradstreet Data Universal application that happens to also support
from sources other than HUD HOPE VI Numbering System (DUNS) Number a certified threshold. For example, the
funds, and the amount must be in Requirement; applicant includes the Main Street Plan
excess of 50 percent of the requested (3) Compliance with Fair Housing and to respond to the Rating Factors. It also
grant amount. Civil Rights Laws; contains documentation that is related
(1) As explained in the above section, (4) Conducting Business In to several thresholds.
leverage for this threshold does not Accordance with Core Values and (3) For the benefit of the applicant’s
include, and HUD will not count, funds/ Ethical Standards; certifying official, this information will
in-kind services that are limited to use (5) Delinquent Federal Debts; help prevent accidental
in the development of the affordable (6) Pre-Award Accounting System misrepresentation by providing
housing project that the applicant has Surveys; evidence that these thresholds have
targeted for this NOFA. (7) Name Check Review; been met. For the applicant certifying
(8) False Statements; official’s further benefit, viewing of
(2) See rejuvenation effort leverage
(9) Prohibition Against Lobbying documents similar to the following may
documentation requirements for form
Activities; and help prevent accidental
HUD–52861, ‘‘HOPE VI Main Street (10) Debarment and Suspension. misrepresentation of certifications for
Application Data Sheet,’’ attached to 3. Certification of Certain Thresholds. thresholds with no related application
this NOFA. a. Certification by Application. The documentation:
(3) If the applicant provides Main SF–424, ‘‘Application for Federal (a) Main Street Plan Existence. Any
Street Area rejuvenation effort leverage Assistance,’’ is the cover sheet to the document dated prior to the publication
funds/in-kind services of an amount less application. By manually or of this NOFA that demonstrates the
than 50 percent of the requested grant electronically signing the SF–424, the applicant intended to rejuvenate a Main
amount, the application will not be applicant certifies that the following Street Area, or the applicant
eligible for funding through this NOFA. thresholds have been met: acknowledged that a local Main Street
h. One Main Street Area. The (1) All Match resources included in organization intended to rejuvenate a
applicant must only apply for assistance the application are ‘‘firmly committed.’’ Main Street Area;
in support of one Main Street Area See the definition of ‘‘firmly (b) Inclusion of Affordable Housing.
under this NOFA, that is, if the Local committed’’ in Section I.D. of this Documentation in the Main Street Plan
Government’s jurisdiction includes two NOFA; that demonstrates that the concept of
neighborhoods, each with a traditional (2) The Main Street Rejuvenation including development of affordable
commercial/social center, the Master Plan that is included as part of housing in the Main Street commercial
application must contain only one of this application existed prior to the area is included in the rejuvenation
those traditional commercial/social publication date of this NOFA; strategy;
centers. However, the applicant’s Main (3) The Main Street Plan contained (c) Zoning. Zoning approvals or a
Street Affordable Housing Project may affordable housing prior to the certification from the appropriate local
consist of several scattered sites within application deadline date of this NOFA; official documenting that all required
that one Main Street Area. If the (4) All project sites have zoning that zoning approvals have been secured;
applicant applies for assistance for more allows for residential development; and
than one Main Street Area through this (5) All leverage resources included in (d) Main Street Area Leverage. Main
NOFA, the application will not be the application are ‘‘firmly committed.’’ Street Area leverage may include, but is
eligible for funding through this NOFA. See the definition of ‘‘firmly not limited to, any public or private
i. Code of Conduct. committed’’ in Section I.D. of this sector salaries paid for Main Street
(1) The applicant must have NOFA; related services or physical
developed and must maintain a written (6) Historic preservation requirements improvements made to the Main Street
code of conduct (see 24 CFR 84.42 and in Section 106 of the National Historic Area, such as the cost of developing a
85.36(b)(3)). The applicant must Preservation Act of 1966 (NHPA) will be Main Street Plan, salaries of people
provide, or have provided, fulfilled, where applicable. promoting the Main Street Plan,
documentation that demonstrates that it (7) Environmental requirements stated building construction or rehabilitation,
has a written code of conduct. in the NOFA will be fulfilled; site or infrastructure improvements, etc.
(8) Building standards stated in the Documentation of these expenditures
(2) If the applicant does not provide
NOFA will be fulfilled; and may include, but is not limited to: Tax
a copy of the code of conduct, and its
(9) Relocation requirements under the returns, typical accounting ledgers kept
implementation methodology, in the
Uniform Relocation Assistance and Real by the Local Government applicant,
application, or is not listed by HUD as
Property Acquisition Policies Act of non-profit organization or private
having already submitted such
1970 (URA) will be fulfilled; and property owners; reports to government
documentation, the application will not (10) Fair Housing, Civil Rights, and agencies; and summary reports or other
be eligible for funding through this Section 3 requirements will be followed publications produced by interested
NOFA. and fulfilled. parties. Leverage includes past
(3) See ‘‘Threshold Documentation,’’ b. Information for the Applicant’s expenditures, current cash-on-hand, and
Section IV.B. of this NOFA, and Section Certifying Official. letters of commitment for future cash/
III.C. of the General Section. (1) Application documentation that is in-kind services to be donated to the
j. The following sub-sections of included for the sole purpose of Main Street Area rejuvenation effort.
Section III of the General Section are supporting certified thresholds is not 4. Program Requirements.
hereby incorporated by reference. The necessary, and will not improve the a. Main Street Area Recognition by
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applicant must comply with each of the applicant’s chances of receiving a grant HUD. The applicant must have, within
incorporated threshold requirements in through this NOFA. the applicant’s jurisdiction, a HUD-
order to be eligible for funding, (2) Because of other NOFA recognized Main Street Area
including: requirements, the applicant may already rejuvenation effort that involves
(1) Ineligible Applicants; have included documentation in the affordable housing. In order to be
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26659
recognized by HUD, a Main Street Area (2) Describe the proposed Main Street obtain non-HOPE VI leverage resources
rejuvenation effort must: Area rejuvenation strategies and actions; for use in the Main Street Affordable
(1) Be located within a definable Main (3) Include the development of Housing Project (see ‘‘Match,’’ Section
Street Area (See Section I.D. of this affordable housing; III.B. and, ‘‘Rating Factor 4,’’ Section
NOFA); (4) Include a map that indicates the V.A. of this NOFA) and, separately, for
(2) Have as its purpose the Main Street Area and the Main Street use in the Main Street Area effort as a
rejuvenation or redevelopment of a Affordable Housing Project site(s); and whole (see ‘‘Thresholds,’’ Section III.C.
historic or traditional commercial area; (5) Include a list of sites where of this NOFA). Main Street grant funds
(3) Involve investment or other affordable housing will be rehabilitated may be used to maximize the amount of
participation by both the local or developed. The list of sites must have leverage, i.e., leveraged funds and in-
government and locally located private been included in the Main Street Plan kind services, that the applicant can
entities; on or before the application deadline obtain from sources other than the
(4) Comply with historic preservation date. HOPE VI program. In this capacity,
requirements as directed by the (6) Include promotion and marketing. grant funds may be used: (1) To
cognizant State Historic Preservation (a) Affirmative fair housing marketing collateralize municipal bonds or
Officer (‘‘SHPO’’) or, if such historic should be included in the listing of private-sector loans for affordable
preservation requirements are not affordable housing promotion and housing uses; and (2) as affordable
applicable, to preserve significant marketing activities. For affirmative fair housing ‘‘seed money’’ to attract Main
traditional, architectural, and design housing marketing, the applicant should Street Affordable Housing Project or
features in the project structures or identify the population least likely to Main Street Area leverage.
Main Street Area; and apply for affordable housing developed (1) Uses of Leverage. Leverage funds
(5) Have been described in a Main through this NOFA before commencing and in-kind services may be used for
Street Plan that existed prior to the with marketing for that housing.’’ eligible activities listed in ‘‘Eligible Uses
publication date of this NOFA. d. Requirements During the Initial of Grant Funds,’’ Section III.C. of this
b. Main Street Affordable Housing Occupancy Period. NOFA and, in addition, for related
Project (Project). The ‘‘Main Street (1) Initial residents of affordable
activities may not be eligible uses of
Affordable Housing Project’’ is the rental units and initial resident
grant funds, but that are necessary for
collection of affordable housing units purchasers of affordable
the development of the Main Street
that are rejuvenated or developed in the homeownership units must be subject to
Affordable Housing Project. Such
Main Street Area using funds obtained the same rules regarding occupant
activities include, but are not limited to:
through this NOFA. The project must: contribution toward rent or purchase,
(a) For Main Street Affordable
(1) Involve the construction or and terms of rental or purchase, as
Housing Project Leverage:
rehabilitation of affordable housing residents of public housing units in a
(i) The acquisition of existing housing
units. The number of units that will be HOPE VI development, i.e., site-based
units that will become affordable
developed through this NOFA must at waiting lists, resident job or training
housing, but do not require
least equal the number of units stated in requirements, and other occupancy
rehabilitation, including associated
form HUD–52861, ‘‘HOPE VI Main requirements that are allowed under
costs, such as appraisals, surveys, tax
Street Application Data Sheet,’’ on the Section 24 of the of the U.S. Housing
settlements, broker fees, and other
‘‘Unit Mix and Accessibility Summary, Act of 1937 (1937 Act) may be applied
closing costs;
Post-Revitalization’’ page. to the units.
(2) Be located within the boundaries (2) The project owner entity is not (ii) Off-site site improvements that are
of the applicant’s Main Street Area; required to develop most mandatory contiguous to the site;
(3) Be located within the jurisdiction PHA documentation, e.g., the PHA (iii) Demolition;
of the applicant; and Plans as described in 24 CFR Part 903, (iv) Restoration of the Main Street
(4) Have been included as part of a etc. However, before the project is Affordable Housing Project farade when
Main Street Rejuvenation Master Plan initially rented, the ownership entity farade rehabilitation is not an integral
before the application deadline date of must develop a written statement of its part of the project’s rehabilitation;
this NOFA; and rent determination and occupancy (v) Rehabilitation of retail space in the
(5) Be constructed in accordance with policies. Main Street Affordable Housing Project,
Building and Fair Housing standards (3) Public housing rental requirements even if this rehabilitation is not an
stated in this Section III.C., including that are contained in 24 CFR 903.7(d) integral part of the rehabilitation of the
Universal Design and Accessibility and 24 CFR 903.7(f) are not mandatory, rental areas of the Project;
standards. but may be used as examples for such (vi) Funding of Reserves, e.g., Initial
c. Main Street Plan. The Main Street policies. Operating Reserve necessary for
Rejuvenation Master Plan must, at a e. HOPE VI Homeownership. The financial viability during the initial
minimum: initial sale of an affordable affordable housing occupancy period,
(1) Currently or in the past, have an homeownership unit to a third-party, Replacement Reserves, etc.;
architect, land planner, or qualified low-income purchaser must take place (vii) Legal and administrative fees and
planning professional involved in Plan in accordance with Section 24 of the costs directly related to the Main Street
preparation. Participation as a principal 1937 Act. Affordable Housing Project;
preparer or an advisor, in any part of its f. Use Restrictions. Project units must (viii) Homeownership financial
preparation, is acceptable. This be maintained as affordable housing assistance, e.g., write-down of
professional may be, or may have been, only for the period of initial rental homeownership unit development costs
employed by the applicant, been on the occupancy or the initial resident’s and down payment assistance; and
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applicant’s Team, or been an ownership. The applicant may elect to (ix) Other uses that relate directly to
independent third party. This apply Use Restrictions for a longer the Main Street Affordable Housing
professional should have knowledge of period, or in excess, of this requirement. Project.
universal design and Section 504 g. Leveraging Other Resources. This (b) For Main Street Area Leverage:
accessible design requirements.; NOFA states that each applicant must (i) Rehabilitation of retail space;
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26660 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
(ii) Site improvements, e.g., repaving proposed sites rejected as a result of that Deconstruction’’ can be found at http://
streets or upgrading streets or sidewalks review. [Link]/[Link].
with brick or cobblestone, adding (4) Phase I and Phase II (3) Partnership for Advancing
‘‘boulevard’’ islands, etc.; Environmental Site Assessments. If you Technology in Housing (‘‘PATH’’). HUD
(iii) Legal and administrative fees and are selected for funding, you must have encourages the applicant to use PATH
costs; and a Phase I environmental site assessment technologies in the construction and
(iv) Other uses that do not relate completed in accordance with the delivery of affordable housing. PATH is
directly to the Main Street Affordable ASTM Standards E 1527–05, as a voluntary initiative that seeks to
Housing Project, but do relate to the amended, for each affected site. The accelerate the creation and widespread
Main Street Area rejuvenation effort results of the Phase I assessment must use of advanced technologies to
described in the Main Street Plan. be included in the documents that must radically improve the quality,
h. Transfer of Title for Tax Credits. be provided to HUD for the durability, environmental performance,
The original owner entity of Main Street environmental review. If the Phase I energy efficiency, and affordability of
Affordable Housing Project properties assessment recognizes environmental our nation’s housing.
may transfer title to, or commit to a concerns or if the results are (a) The goal of PATH is to achieve
long-term lease with, an owner entity inconclusive, a Phase II environmental dramatic improvement in the quality of
partnership that includes the original site assessment will be required. American housing by the year 2010.
owner, the applicant, an equity partner (5) Mitigating and remedial measures. PATH encourages leaders from the
and, when appropriate, other partners, You must carry out any mitigating/ home building, product manufacturing,
for the purpose of obtaining Low remedial measures required by HUD. If insurance, and financial industries, and
Income or Historic Tax Credit equity as a remediation plan, where required, is representatives from federal agencies
a leverage resource. See Section IV.E. of not approved by HUD and a fully- dealing with housing issues to work
this NOFA for limits on sale of real funded contract with a qualified together to spur housing design and
property. contractor licensed to perform the construction innovations. PATH will
i. Section 106 Historic Preservation required type of remediation is not provide technical support in design and
Requirements. Grantees may not commit executed, HUD reserves the right to cost analysis of advanced technologies
HUD funds until HUD has completed determine that the grant is in default. to be incorporated in project
the historic preservation review and (6) Your application constitutes a construction.
consultation process under Section 106 certification that there are not any (b) Applicants are encouraged to
of the National Historic Preservation Act environmental or public policy factors employ PATH technologies to exceed
of 1966 (16 U.S.C. 470f) and its such as sewer moratoriums that would prevailing national building practices
implementing regulation, 36 CFR part preclude development in the requested by:
800, as applicable, in accordance with Main Street Area. (i) Reducing costs;
(ii) Improving durability;
environmental review requirements (7) Note that environmental
(iii) Increasing energy efficiency;
under 24 CFR part 50. See http:// requirements for this NOFA are found (iv) Improving disaster resistance; and
[Link]/ for details on the in 24 CFR part 50, which requires HUD (v) Reducing environmental impact.
Section 106 review process. environmental approval. Please note (c) More information, including a list
j. Environmental Requirements. that 24 CFR part 58, which allows State of technologies, the latest PATH
(1) HUD’s notification of award to a and local governments to assume Newsletter, results from field
selected applicant constitutes a Federal environmental responsibilities, demonstrations, and descriptions of
preliminary approval by HUD, subject to is not applicable. PATH projects can be found at http://
HUD’s completion of an environmental (8) HUD’s Environmental Web site is [Link].
review, of proposed sites in accordance located at [Link] (4) Energy Efficiency.
with 24 CFR part 50. Selection for cpd/energyenviron/environment/ (a) New construction and
participation (preliminary approval) [Link]. rehabilitation that is started on or before
does not constitute approval of the k. Building Standards. September 30, 2006 must comply with
proposed site(s). (1) Building Codes. All activities that HUD Minimum property standards,
(2) Your application constitutes a include construction, rehabilitation, which incorporates by reference the
certification that you, the applicant, will lead-based paint removal, and related Council of American Building Officials
supply HUD with all available, relevant activities must meet or exceed local (CABO) Model Energy Code, 1992
information necessary for HUD to building codes. The applicant is edition. Construction of multifamily
perform any environmental review encouraged to read the policy statement high-rises (having a height of four or
required by 24 CFR part 50 for each and Final Report of the HUD Review of more stories above grade) must comply
property; will carry out mitigating Model Building Codes that identifies the with ASHRAE 90.1 1989. New
measures required by HUD or, if variances between the design and construction and rehabilitation that is
mitigation is not feasible, select construction requirements of the Fair started after September 30, 2006 must
alternate eligible property; and will not Housing Act and several model building comply with the 2003 International
acquire, rehabilitate, convert, demolish, codes. That report can be found on the Energy Conservation Code (IECC 2003),
lease, repair, or construct property, nor HUD Web site at [Link] which incorporates ASHRAE 90.1 2001
commit or expend HOPE VI, other HUD fhe/modelcodes. by reference for high-rise multifamily
or other non-HUD funds for these (2) Deconstruction. HUD encourages housing.
program activities with respect to any the applicant to design programs that (i) IECC 2003 Administrative
eligible property, until you receive incorporate sustainable construction Guidance. IECC 2003 applies to all
jlentini on PROD1PC65 with NOTICES2
written HUD approval of the property. and demolition practices, such as the construction and rehabilitation of
(3) Each proposal will be subject to a dismantling or ‘‘deconstruction’’ of residential and commercial property.
HUD environmental review, in housing units, recycling of demolition The standard contains exceptions that
accordance with 24 CFR part 50, and the debris, and reusing salvage materials in allow for its reasonable application to
proposal may be modified or the new construction. ‘‘A Guide to Main Street NOFA activities.
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26661
(A) IECC 2003 Section ‘‘[Link] (e) Local utility companies may be is to promote energy efficiency of the
Historic buildings. The provisions of able to provide grant funds to assist in affordable housing stock, but also to
this code * * * shall not be mandatory energy efficiency activities. States may help protect the environment.
for existing buildings or structures also have programs that will assist in Applicants constructing, rehabilitating,
specifically identified and classified as energy efficient building techniques. or maintaining housing or community
historically significant by the state or (f) The applicant must use new facilities are encouraged to promote
local jurisdiction, listed in The National technologies that will conserve energy energy efficiency in design and
Register of Historic Places, or which and decrease operating costs where cost operations. They are urged especially to
have been determined to be eligible for effective. Examples of such technologies build to Energy Star qualifications and
such listing.’’ include: to purchase and use Energy Star-labeled
(B) IECC 2003 Section ‘‘101.2.3 Mixed (i) Geothermal heating and cooling; products. Applicants providing housing
occupancy. [For mixed-use buildings,] (ii) Placement of buildings and size of assistance or counseling services are
* * * each portion of the building shall eaves that take advantage of the encouraged to promote Energy Star
conform to the requirements for the directions of the sun throughout the building to homebuyers and renters.
occupancy housed therein. Buildings year; Program activities can include
[with more than two housing units] with (iii) Photovoltaics (technologies that developing Energy Star promotional and
a height of four or more stories above convert light into electrical power); information materials, outreach to low-
grade shall be considered commercial (iv) Extra insulation; and moderate-income renters and
buildings * * * regardless of the (v) Smart windows; and buyers on the benefits and savings when
number of floors that are classified as (vi) Energy Star appliances. using Energy Star products and
(5) Universal Design. HUD encourages
residential.’’ That is, if there is a store appliances, and promoting the
in the building, that part of the building the applicant to incorporate the
designation of community buildings and
is considered commercial. The rest of principles of universal design in the
homes as Energy Star compliant. For
the building would incorporate low-rise construction or rehabilitation of
further information about Energy Star,
residential requirements. housing, retail establishments, and
see [Link] or call 1–
(C) IECC 2003 Section ‘‘[Link] community facilities, and when
888–STAR–YES (1–888–782–7937) or
Additions, alterations or repairs. communicating with community
for the hearing-impaired, 1–888–588–
Additions [and rehabilitation of a residents at public meetings or events. 9920 TTY.
building or portion of a building] * * * Universal Design is the design of (7) All buildings must be in
shall conform to the provisions of this products and environments to be usable compliance with design and
code * * * without requiring the by all people, to the greatest extent construction requirements of the Civil
unaltered portions(s) of the existing possible, without the need for Rights Act of 1964, Section 504 of the
system to comply with all of the adaptation or specialized design. The Rehabilitation Act of 1973, and Section
requirements of this code. Additions [or intent of Universal Design is to simplify 109 of the Housing and Community
rehabilitation] shall not cause any one life for everyone by making products, Development Act of 1974.
of the aforementioned and existing communications, and the built l. Lead-Based Paint. The applicant
systems to become unsafe, hazardous or environment more usable by as many must comply with lead-based paint
overloaded.’’ people as possible at little or no extra evaluation and reduction requirements
(b) Where local or State energy related cost. Universal Design benefits people of as provided for under the Lead-Based
building codes exceed the above all ages and abilities. Examples include Paint Poisoning Prevention Act (42
standards, new construction and designing wider doorways, installing U.S.C. 4821, et seq.), the EPA’s Pre-
rehabilitation must comply with those levers instead of doorknobs, and putting Renovation Education Rule (40 CFR
local or State standards. bathtub/shower grab bars in all units. 745, subpart E), HUD’s Lead Safe
(c) In HOPE VI new construction and Computers and telephones can also be Housing Rule (24 CFR 35, subparts B–
gut-rehabilitation, HUD encourages the set up in ways that enable as many R), and theLead Disclosure Rule (24 CFR
applicant to set higher energy and water residents as possible to use them. The 35, subpart A), which regulates
efficiency standards than the Model Department has a publication that documents provided to pre-1978
Energy Code contains. Such higher contains a number of ideas about how housing owners regarding lead paint or
standards can achieve utility savings of the principles of Universal Design can hazard testing or lead hazard reduction
30 to 50 percent with minimal extra benefit persons with disabilities. To activities, as they may be amended or
cost. To achieve higher levels of energy order a copy of Strategies for Providing revised from time to time. The applicant
efficiency, development costs can be Accessibility and Visitability for HOPE will be responsible for lead-based paint
financed through leverage grants from VI and Mixed Finance Homeownership, evaluation and reduction activities for
non-HOPE VI sources, e.g., CDBG, go to the publications and resource page housing constructed prior to 1978. The
HOME, Weatherization Assistance, of the HOPE VI Web site at http:// National Lead Information Hotline is 1–
Energy Star rebates, etc. Increased [Link]/publications/pubasst/ 800–424–5323.
development costs are typically offset [Link]. m. Labor Standards.
by reduced utility expenses. (6) Energy Star. The Department of (1) If other federal programs are used
(d) The applicant is encouraged to Housing and Urban Development has in connection with the applicant’s
negotiate with its local utility company adopted a wide-ranging energy action HOPE VI Main Street activities, Davis-
to obtain lower utility rates. Utility rates plan for improving energy efficiency in Bacon requirements apply to the extent
and tax laws vary widely throughout the all program areas. As a first step in required by the other federal programs.
country. In some areas, local implementing the energy plan, HUD, the (2) If an applicant provides Main
governments are exempt or partially Environmental Protection Agency (EPA) Street grant funds to a PHA to construct,
jlentini on PROD1PC65 with NOTICES2
exempt from utility rate taxes. Some and the Department of Energy (DoE) rehabilitate, or otherwise assist
local governments have paid have signed a partnership to promote affordable housing under this NOFA,
unnecessarily high utility rates because energy efficiency in HUD’s affordable Davis-Bacon wage rates will apply to
they were billed using an incorrect rate housing efforts and programs. The laborers and mechanics (other than
classification. purpose of the Energy Star partnership volunteers under 24 CFR part 70)
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26662 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
employed in the development of such requirements that the applicant local assist you in accessing the information.
units, and HUD-determined wage rates government may be subject to. If you do not have Internet access and
will apply to laborers and mechanics 5. General Section References. The need to obtain a copy of this NOFA, you
(other than volunteers) employed in the following subsections of Section III of can contact HUD’s NOFA Information
operation of such units. the General Section are hereby Center toll-free at (800) HUD–8929.
n. Relocation Requirements. The incorporated by reference: Persons with hearing or speech
Uniform Relocation Assistance and Real a. Additional Nondiscrimination and impairments may call toll-free at (800)
Property Acquisition Policies Act of Other Requirements; HUD–22091.
1979 (42 U.S.C. 4601–4655), (1) Civil Rights Laws, including the 2. The published Federal Register
implementing regulations at 49 CFR part Americans with Disabilities Act of 1990 document is the official document that
24, and ‘‘Handbook CPD 02–08, (42 U.S.C. 1201 et seq.); HUD uses to evaluate applications.
Guidance on the Application of the (2) The Age Discrimination Act of Therefore, if there is a discrepancy
Uniform Relocation Assurance and Real 1974 (42 U.S.C. 6101 et seq.); and between any materials published by
Property Acquisition Policies Act of (3) Title IX of the Education HUD in its Federal Register
1970 (URA), as amended in HOPE VI Amendments Act of 1972 (20 U.S.C. publications and other information
Projects’’ apply to anyone who is 1681 et seq.) provided in paper copy, electronic copy,
displaced as a result of acquisition, b. Affirmatively Furthering Fair or at [Link] the Federal
rehabilitation, or demolition due to a Housing; Register publication prevails. Please be
HUD-assisted activity. c. Economic Opportunities for Low- sure to review the application
o. Fair Housing and Equal and Very Low-Income Persons (Section submission against the requirements in
Opportunity Requirements. Fair 3); the Federal Register file of this NOFA.
Housing and Equal Opportunity d. Ensuring the Participation of Small
B. Content and Form of Application
requirements stated in Section III.C. of Businesses, Small Disadvantaged
Submission
the General Section apply as referenced Businesses, and Women-Owned
in this NOFA. In addition, the following Businesses; 1. Number of Applications Permitted.
requirement applies: e. Relocation; Each applicant may submit only one
(1) Accessibility Requirements. f. Executive Order 13166, Improving application.
(a) All ‘‘multifamily’’ HOPE VI Access to Services for Persons With 2. Joint Applications. Joint
developments, defined as projects with Limited English Proficiency (LEP); applications are not permitted.
more than five units, are subject to the g. Executive Order 13279, Equal However, the applicant may enter into
accessibility requirements contained in Protection of the Laws for Faith-Based subgrant agreements with procured
several federal laws, as implemented in and Community Organizations; developers, other partners, nonprofit
24 CFR part 8. PIH Notice 2003–31, h. Accessible Technology; organizations, state governments, or
available at [Link] i. Procurement of Recovered other local governments to perform the
pih/publications/notices/, and Materials; activities proposed under the
subsequent updates, provides an j. Participation in HUD-Sponsored application.
Program Evaluation; 3. General Format and Length of
overview of all pertinent laws and
k. Executive Order 13202, Application.
implementing regulations pertaining to
Preservation of Open Competition and a. Applicant Name. The applicant’s
HOPE VI.
Government Neutrality Towards official name is the name that is
(b) Generally, for substantial submitted to [Link] on the SF–424.
rehabilitation of projects with more than Government Contractors’ Labor
Relations on Federal and Federally b. Electronic Format.
15 housing units, or new construction of (1) General.
a multifamily project, at least 5 percent Funded Construction Projects;
l. Salary Limitation for Consultants; (a) Sections of the application are as
of the units, or one unit, whichever is listed in Section IV.B. of this NOFA.
greater, must be accessible to persons m. OMB Circulars and Government-
(b) In accordance with instructions on
with mobility impairments. An wide Regulations Applicable to
[Link] and in the General Section,
additional 2 percent, but not less than Financial Assistance Programs;
section submissions may be submitted
one unit, must be made accessible for n. Drug-Free Workplace; and
through PureEdge fill-in forms that are
persons with hearing or vision o. Safeguarding Resident/Client Files.
part of the [Link] Application
impairment. See, in particular, 24 CFR IV. Application and Submission Package, in electronic files attached to
parts 8.20 through 8.32. Information the [Link] Application Package, or
(c) In addition, under the Fair (if the applicant encounters a problem
Housing Act, all new construction of A. Addresses To Request Application
submitting some part of the application
covered multifamily buildings must Package
electronically to [Link]) via
contain certain features of accessible This section describes how you may Facsimile. Note that applicants must use
and adaptable design. The relevant obtain application forms, additional form HUD 96011, as the cover page to
accessibility requirements are provided information about the General Section the facsimile and that applications
in HUD’s FHEO Web site at http:// of this NOFA, and technical assistance. submitted entirely by facsimile will not
[Link]/groups/[Link]. 1. Copies of this published NOFA and be accepted by HUD.
Units covered are all those in elevator related application forms may be (c) More than one Section’s
buildings with four or more units and downloaded from the [Link] Web submission may be combined in one
all ground floor units in buildings site at [Link] If file, provided that each Section’s
without elevators. See also ‘‘program you have difficulty accessing the submission is clearly labeled and is
jlentini on PROD1PC65 with NOTICES2
accessibility’’ at [Link] information, you may receive customer separately identifiable by a HUD
offices/fheo/disabilities/ support from [Link] by calling the reviewer.
[Link]#anchor263905. This help line at (800) 518–GRANTS or by (2) File Names.
section is in addition to, and does not sending an e-mail to (a) The name of each submission file
replace, other non-HUD accessibility support@[Link]. The operators will should include the information below
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26663
so that a HUD reviewer will be able to application length. However, there are (a) Section A: Application for Federal
identify it as part of the application: maximum page limits for specific parts Assistance, form SF–424;
(i) Short version of applicant’s name, of the application. Pages beyond the (b) Section B: Executive Summary;
e.g., town, city, county/parish, etc., and below listed limits will not be reviewed. (2) Rating Factor Responses:
state; and Page limits are as follows: (a) Section C: Rating Factor 1,
(ii) The word ‘‘Narratives’’ or (a) The Executive Summary is limited Capacity, Narrative Response;
‘‘Attachment,’’ as applicable, and the to a maximum of two pages; (b) Section D: Rating Factor 3,
Section letter(s) (A through U) that are (b) All of the Narrative Sections’ Appropriateness of Main Street Plan;
included in the file, as listed in Section responses together, including the Rating (c) Section E: Rating Factor 4,
IV.B. of this NOFA; Factor responses, are limited to a Appropriateness of the Main Street
(b) Examples of file names are, maximum of 20 pages; Affordable Housing Project;
‘‘Atlanta GA Narratives [Link],’’ and, (c) The Program Schedule is limited (d) Section F: Rating Factor 5,
‘‘New York NY Attachments [Link]’’ to a maximum of one page; Program Administration and Fiscal
(3) Narrative Files. (d) The Main Street Area Map, Management;
(a) Each narrative submission file including identification of all project (e) Section G: Rating Factor 6,
must be formatted so it can be read by the sites, is limited to a maximum of Incentive Criteria on Regulatory Barrier
MS Word 2000 (.DOC). one page. The map must be Removal (information required by form
(b) To be included in the application, approximately to scale and must be of HUD–27300);
each file must be entered into the sufficient quality to be legible at 11″ x (3) Attachments:
[Link] ‘‘Project Narrative 17″ printed size; (a) Section H: Program Schedule;
Attachment Form’’ located in the (e) Each different Main Street (b) Section I: HOPE VI Main Street
Mandatory Documents area of the Affordable Housing Project unit layout Application Data Sheet, form HUD–
‘‘Grant Application Package.’’ is limited to a maximum of one page. 52861;
(i) After the form is open, enter your (c) Section J: HOPE VI Budget, form
One page may contain up to four
first file as the ‘‘Mandatory Project HUD–52825A;
layouts; and
Narrative File. Add subsequent files, if (d) Section K: 5-Year Cash Flow
(f) The Main Street Plan is limited to
any, as ‘‘Optional Project Narrative Proforma;
a maximum of 20 pages. In order to
(e) Section L: Map of Main Street
Files’’ by clicking on ‘‘Attach’’ in the meet the size limitation, the applicant
Area;
Attachments window. may submit only the portions of the (f) Section M: Housing Unit Layout;
(4) Attachment Files. Main Street Plan that pertain to the (g) Section N: Main Street
(a) In the [Link] Grant Application ‘‘Thresholds’’ and ‘‘Program Rejuvenation Master Plan (Main Street
Package, certain form Attachments have Requirements,’’ in Section III.C., and the Plan);
been converted into PureEdge Rating Factors in Section V.A. of this (h) Section O: America’s Affordable
documents for completion by the NOFA. Communities Initiative, form HUD–
applicant on the screen. The applicant (g) The Evaluation Plan is limited to 27300, and related documentation;
must simply fill these forms in and a maximum of three pages. (i) Section P: Certification of
submit them. Other Attachments are (h) Applicant Team Resumes are Consistency with the RC/EZ/EC–IIs
part of [Link]’s Application limited to a maximum of 5 pages. More Strategic Plan, form HUD–2990, if
Instructions. The following instructions than one resume may be placed on each applicable;
apply to those Attachments. page. (j) Section Q: Logic Model, form
(b) Each Attachment file must be (2) Page Definition and Layout. HUD–96010, including:
formatted so it can be read by MS Word (a) A page is the electronic equivalent (i) Indicators, outcomes and related
(.DOC), MS Excel (.XLS) or Adobe of an 81⁄2″ x 11″ paper page, with one items obtained from the [Link]
Acrobat (.PDF). See the General Section inch top, bottom, left and right margins. Grant Application Package Logic Model
for format version specifications. (b) For DOC files, a ‘‘page’’ contains drop-down menu, and
(c) Downloaded files, e.g., forms a maximum of 23 double-spaced lines. (ii) The grant Evaluation Plan;
HUD–52861 and HUD–52825A, should The length of each line is limited to 61⁄2 (k) Section R: Code of Conduct
be submitted in their original format. inches. The font must be 12-point Times (including distribution methodology);
(d) Existing and third-party New Roman. Each page must be (l) Section S: Applicant/Recipient
documents, e.g., Main Street Plan, maps numbered. The page numbers may be Disclosure/Update Report, form HUD–
and drawings, should be submitted in within the bottom one inch of the page, 2880, if applicable;
Adobe Acrobat (PDF) format. beyond the 23 lines, e.g., in the footer (m) Section T: Disclosure of Lobbying
(e) You must complete these area. Activities, Standard Form LLL, if
Attachments in stand-alone (c) Third-party and existing applicable; and
applications, such as MS Excel. To documents converted into PDF format (n) Section U: Applicant Team
include these downloaded Attachments may retain their original page layout. Resumes.
in the application, you must enter each They must not be shrunk to fit more 4. Threshold Documentation.
Attachment’s file into the [Link] than one original page on each a. Code of Conduct.
‘‘Other Attachments Form,’’ which is application page. To add page numbers (1) The applicant must submit a copy
located in the Mandatory Documents to PDF files using Adobe Acrobat 6, of its code of conduct as part of the
area of the Grant Application Package. click on Document; Add Headers & application if its code of conduct is not
(i) After the form is open, enter your Footers; Footer; Align Right; Insert Page already on file with HUD. See 24 CFR
first file as the ‘‘Mandatory Other Number. 84.42 and 85.36(b)(3).
Attachment.’’ Add subsequent files, if (d) Pages of HUD forms and (2) Unless the applicant is listed on
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any, as ‘‘Optional Other Attachments’’ certification formats furnished by HUD HUD’s Web site at [Link]
by clicking on ‘‘Attach’’ in the must remain as numbered by HUD. offices/adm/grants/codeofconduct/
Attachments window. d. List of Application Sections and [Link] and the information has
c. Maximum Length of Application. Related Documents. not been revised, the applicant is
There is no overall maximum (1) Summary Information: required to submit:
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26664 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
(a) A copy of its code of conduct; c. HOPE VI Main Street Application WILL BE EXPENDED ON THE MAIN
(b) A description of the methods it Data Sheet, form HUD–52861, in MS STREET AFFORDABLE HOUSING
will use to ensure that all officers, Excel format (.XLS). PROJECT ONLY.
employees, and agents of its (1) This form consists of several Excel (7) Main Street Area Rejuvenation
organization are aware of its code of worksheets. Each worksheet requires Effort Leverage Resources. In order to
conduct; and information that is necessary for the meet the 50% Main Street Area leverage
(c) The following information, as it is applicant to meet thresholds, obtain threshold, the applicant must enter
stated on the SF–424: rating points, or determine the funding sources, amounts and related
(i) DUNS; maximum grant amount. Instructions for information in this worksheet.
(ii) EIN; completing the data worksheets are Allowable resources may be cash
(iii) Applicant Legal Name; located in the left-hand worksheet, with contributions or contributions of in-kind
(iv) Address (Street, P.O. Box, City, the tab name, ‘‘Instructions.’’ The services that have been expended, or are
State, and Zip); worksheets should be completed from committed to, the Main Street Area
(d) Authorized Official’s information the left-most tab toward the right. In this rejuvenation effort as a whole,
(Name, Title, Phone, and Email) way, the information that the applicant
(3) The code of conduct must prohibit EXCLUDING THE MAIN STREET
provides will automatically be inserted AFFORDABLE HOUSING PROJECT. If a
real and apparent conflicts of interest
to the right into other worksheets as source is not listed in this worksheet,
that may arise among officers,
needed. the amount will not be included in
employees, or agents; prohibit the (2) Unit Mix. This worksheet will be
solicitation and acceptance of gifts or HUD’s review and rating
HUD’s primary source of information on (8) For each of the applicant’s Match
gratuities by your officers, employees, or the Main Street Affordable Housing
agents for their personal benefit in and leverage resources, the applicant
Project’s unit number and type. This must include:
excess of minimal value; and outline information also feeds into the (i) The name of the entity providing
administrative and disciplinary actions calculations for maximum grant
available to remedy violations of such the resource;
amount. (ii) The name of a contact for the
standards. (3) Construction Sources and Uses.
(4) See the General Section, III.C., for entity providing the resource that is
This worksheet contains the planned familiar with the contribution toward
more detailed information and costs and funding resources that will
instructions if the applicant needs to this application;
exist during the construction period. (iii) The telephone number of a
submit their code of conduct to HUD via That is, if a construction loan will be contact for the resource who is familiar
facsimile. obtained, it would be included here
5. Summary and Attachment with the contribution toward this
along with other financing that will be application;
Documentation.
a. Executive Summary. expended during the construction (iv) The leverage amount;
(1) Provide an Executive Summary, period, including grant funds used in (v) Whether the leverage amount is
not to exceed two pages. Describe your construction. A permanent mortgage cash or in-kind services; and
affordable housing plan. State whether: would not be included here. (vi) The period in which the leverage
(1) You have procured (or will procure) (4) Permanent Sources and Uses. This resource was expended or will be
a developer, (2) you will act as your worksheet contains the planned costs received, e.g., expended during 2005, or,
own developer, or (3) you will not use and long-term financing that will be for a future leverage resource, the period
a developer because your housing used to develop the Main Street in which it will be furnished, e.g., over
project is not complex enough to Affordable Housing Project. Tax credit the next two years.
equity, permanent mortgages, grant d. HOPE VI Budget. Enter the amount
warrant one. Briefly describe:
(a) The type of housing, e.g., walk-up funds that will be used in construction, you are requesting through this NOFA.
above retail space, detached house, etc.; rent-up, developer fee, etc., would be In ‘‘Part I: Summary,’’ in the ‘‘PHA’’
(b) The number of units and included here. space, enter the applicant’s name as
buildings; (5) TDC. The maximum amount of the stated on the SF–424. Also complete the
(c) The specific plans for the Main grant must be based on HUD’s Total column entitled, ‘‘Revised Overall
Street Area that surrounds the Main Development Cost per unit developed. HOPE VI Budget for All Project Phases.’’
Street Affordable Housing Project. The applicant must choose an It is not necessary to fill in the other
Include income mix, basic features applicable city and state. HUD columns. In ‘‘Part II: Supporting Pages,’’
(such as restoration of streets), and a developed TDCs for larger cities, in the ‘‘PHA’’ space, enter the
general description of mixed-use and metropolitan statistical areas and applicant’s name as stated on the SF–
non-housing Main Street rejuvenation primary metropolitan statistical areas 424 and complete only columns 2 and
components. (MSA/PMSA), not for small, rural cities. 3.
(d) The number of homeownership Therefore, the applicant must determine e. Cash Flow Proforma. The applicant
units in your proposal, if any; which listed city or MSA/PMSA is most must include a five-year estimate of
(e) The amount of HOPE VI funds you applicable to it. project income, expenses, and cash flow
are requesting. See Section IV.E. of this (6) Match and Housing Resources. In (‘‘proforma’’) that shows that the project
NOFA for funding limits; and order to meet HOPE VI’s 5% Match, and will be financially viable over the long
(f) A list of major non-HOPE VI to obtain rating points for Main Street term. In the proforma, the applicant
funding sources for the Main Street Affordable Housing Project leverage, the should assume that the initial
Affordable Housing Project, if any. applicant must enter funding sources, occupancy period is a minimum of two
b. Program Schedule. The application amounts, the leverage and related years. Note that initial funding of
requires a Program Schedule for the information in this worksheet. If a reserves with grant funds is NOT an
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applicant’s Project. The Program source is not listed in this worksheet, allowable use of funds from this NOFA.
Schedule must reflect the Reasonable the amount will not be included in Reserves may be funded through
Time-Frame and Development Proposal HUD’s review and rating. Allowable leverage resources. Viability must be
time requirements stated in Section resources may be cash contributions or shown for the entire project, i.e., all
VI.B. of this NOFA. contributions of in-kind services THAT buildings that include affordable
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26665
housing units that are partially or HUD–2990. If the applicant is eligible page. More than one specific reference
wholly funded with HOPE VI funds. for, and desires, this NOFA’s RC/EZ/ to the Main Street Plan may be included
The applicant may include one EC–II bonus points, the applicant must for any one subject or Rating Factor
proforma for the entire project, or complete, sign, and include this narrative.
several proformas, broken out for the certification form in the application in b. Team Experience and Key
various portions of the project, as fits order to receive the rating points. The Personnel Knowledge. Documentation
the circumstances best. For example, certification must also meet the that demonstrates knowledge and
separate proformas may be included for: requirements stated in the General experience may include, but is not
(1) All buildings together; Section. limited to:
(2) Separately for each building in the k. Logic Model. The applicant must (1) A list and short description of
project; or complete the form HUD–96010, ‘‘Logic affordable housing projects that the
(3) Separately for each owner entity in Model,’’ in accordance with the ‘‘Logic members of the applicant’s team have
the project. Model Instructions’’ part of the form completed;
f. Map of Main Street Area. The and Section VI.B. of the General (2) A list and short description of
drawing must denote the boundaries of Section. The Logic Model is included in contracts or grants completed by the
a Main Street Area and denote each the ‘‘Application Instructions’’ of the members of the applicant’s team for
housing site that is included in the application on [Link]. The Logic similar housing development or
applicant’s project. The map should be Model has self-contained instructions services;
grayscale for printing on a black-and- for its use. HUD suggests that you read (3) Third-party evaluation reports;
white printer. Boundaries and site(s) those instructions first and then (4) Résumés of key personnel; and
should be delineated with black lines. complete the Logic Model, selecting the (5) Other documentation showing
The boundaries may include streets, applicable responses for your proposed knowledge and experience of affordable
highways, railroad tracks, etc., and program from the drop down selections. housing development or construction.
natural boundaries such as streams, After completing the Logic Model, save c. Need for Affordable Housing. It is
hills, and ravines, etc. it and attach it to your electronic not necessary for the applicant to
g. Housing Unit Layout. The applicant application submission using the ‘‘Other include documentation for this Rating
must include one unit layout drawing Attachments Form’’ found in the Factor in the application. HUD
for each of the different size and type Mandatory Documents block of the reviewers will derive the need for
affordable housing units that are [Link] Application Package. affordable housing is based on a
planned. The drawings do not need to 6. Rating Factor Format. The narrative comparison of HUD’s Fair Market Rent
be blueprint quality, but should be portion of the application includes the (FMR) for the applicant’s Primary
approximately to scale. Up to four executive summary and all of the Metropolitan Statistical Area/
layouts may be included on each page. applicant’s responses to the Rating Metropolitan Statistical Area (‘‘PMSA/
The layouts should be in grayscale, for Factors. To ensure proper credit for MSA’’) or nonmetropolitan county/
printing on a black-and-white printer. information applicable to each Rating parish and the maximum amount of rent
h. Main Street Rejuvenation Master Factor, the applicant should include that a very low-income family living in
Plan (Main Street Plan). The applicant’s references to application Sections, as that PMSA/MSA or nonmetropolitan
Main Street Rejuvenation Master Plan listed in Section IV.B. of this NOFA, county/parish can afford to pay. In
must address, at a minimum, the six and to pages of the Main Street Plan, as performing the comparison, HUD will
subjects listed in ‘‘Main Street appropriate for Rating Factor responses. compare the FMR for a three-bedroom
Rejuvenation Master Plan,’’ in The applicant’s Rating Factor responses unit to the rent that would be paid by
‘‘Definitions,’’ Section I.D. of this should be as descriptive as possible, a four-person very low-income family.
NOFA. The Main Street Plan should ensuring that every requested item is (1) PMSA/MSAs and nonmetropolitan
include amendments that occurred addressed. The applicant should make counties/parishes are as listed in HUD’s
during the publication period of this sure to include all information document titled ‘‘FY 2005 State List of
NOFA, e.g., inclusion of affordable requested in this NOFA. Although Counties (and New England Towns)
housing, Main Street Affordable information from all parts of the Identified by Metropolitan and
Housing Project site address. It is not application will be taken into account in Nonmetropolitan Status’’ at http://
necessary to include a market analysis rating the various factors, if supporting [Link]/datasets/il/IL05/
to demonstrate that affordable housing information cannot be found by the [Link].
is needed in the Main Street Area. It is reviewer, it cannot be used to support (2) The FMRs are listed at http://
also not necessary to include a factor’s rating. [Link]/datasets/fmr/
nominations to the National Register of 7. Rating Factor Documentation. fmr2006F/FY2006F_SCHEDULE_B.doc.
Historic Places (NRHP). The applicant a. References to the Main Street d. The maximum, affordable very low-
may submit only the portions of the Rejuvenation Master Plan. income rent is based on HUD’s Income
Main Street Plan that pertain to subjects (1) The purpose of referencing the Limits, as listed at http://
that are listed in Section III.C. of this Main Street Rejuvenation Master Plan is [Link]/datasets/il/IL05/
NOFA, under ‘‘Thresholds,’’ ‘‘Program to decrease the amount of Rating Factor Section8_IncomeLimits_2005.docfor
Requirements,’’ and the Rating Factors narrative that the applicant finds very low-income families. The initial
in Section V.A. of this NOFA. necessary to achieve its maximum occupant must not pay more in rent
i. America’s Affordable Communities rating. It is NOT necessary to repeat in than a public housing resident at a
Initiative, form HUD–27300. The the Rating Factor narratives the HOPE VI development, which is 30% of
applicant must complete and include information that the applicant included one twelfth of the listed income limit for
this form, and accompanying in its Main Street Plan. a very low-income family Readiness and
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documentation, in the application in (2) Each reference to the Main Street Appropriateness of the Main Street
order to receive rating points. See the Plan should be specific, including the Affordable Housing Project
General Section. page number of the Main Street Plan (1) Site Control. See the definition of
j. Certification of Consistency with the where the information can be found and Site Control in Section I.D. of this
RC/EZ/EC–IIs Strategic Plan, form a reference to identify its location on the NOFA.
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26666 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
Section (3). A minimal Section (3) applicant’s management is results- to see if it is interested in reviewing the
plan must include at least general oriented, e.g., existing production, application prior to submission to HUD.
methods that the applicant will use to rental, and maintenance goals. The applicant should allow ample time
comply with implementing regulations f. Incentive Criteria on Regulatory for this review process when developing
at 24 CFR part 135 and give job training, Barrier Removal. and submitting the applications. If the
employment, contracting and other (1) The applicant must include the applicant’s state does not have a SPOC,
economic opportunities to section 3 completed form HUD–27300 in the the applicant may send applications
residents and section 3 business application, along with background directly to HUD.
concerns. A Section (3) plan that documentation where required by the
exceeds this may contain more specific form, if it wants to receive up to 2 E. Funding Restrictions
information, e.g., goals by age group, policy priority points for removal of 1. Grant funds must only be used to
types of jobs, and other opportunities to barriers to affordable housing. See provide assistance to carry out eligible
be furnished; plans for tracking and Section IV. of the General Section. affordable housing activities, as stated
evaluation of goals. To include Logic g. RC/EZ/EC–IIs. in Section III.C. of this NOFA.
Model Section (3) information in the (1) To receive up to two bonus points 2. HOPE VI funds may not be used to
Section (3) plan, the applicant should for performing the NOFA activities in a meet the Match requirement.
make reference to such information in RC/EZ/EC-II area, the applicant must 3. Non-allowable Costs and Activities.
the Section (3) Narrative. complete, sign, and submit the Grant funds awarded through this
e. Program Administration and Fiscal ‘‘Certification of Consistency with RC/ NOFA must not be expended on:
Management. EZ/EC Strategic Plan’’ (form HUD–2990) a. Total demolition of a building
(1) Documentation that demonstrates as part of the application and meet the (including where a building foundation
program administration and fiscal requirements of the General Section. is retained);
management MUST include: b. Sale or lease of the Main Street
C. Submission Dates and Times
(a) A list of any findings issued or Affordable Housing Project site
material weaknesses found by HUD or 1. Application deadline date. (excluding lease or transfer of title for
other federal or state agencies. A Electronic applications must be received the purposes of obtaining tax credits,
description of how the applicant and validated by [Link] by 11:59:59 provided that the recipient owner entity
addressed the findings and/or p.m. eastern time on the application of the title or lease includes the
weaknesses. If no findings or material deadline of July 11, 2006. Paper copy applicant, and excluding purchase of
weaknesses were exposed or existed on applications submitted if a waiver to the property for rehabilitation);
or before the publication date of this electronic submission is granted, must c. Funding of project reserves of any
NOFA, include a statement to that effect be received by the application deadline type;
in the narrative; and date of July 11, 2006. See the General d. Payment of the applicant’s
(b) An Evaluation Plan. The plan Section. administrative costs;
should include the applicant’s 2. No Facsimiles or Videos. HUD will e. Payment of any and all legal fees;
indicators, outcomes and evaluation not accept for review, evaluation, or f. Development of public housing
methodology in prose format. The plan funding, any entire application sent by replacement units (defined as units that
should include those indicators, facsimile (fax). However, third-party replace disposed of or demolished
outcomes, and methodologies included documents or other materials sent by public housing);
in the applicant completed Logic Model. facsimile in compliance with the g. Housing Choice Vouchers;
The plan must include the methodology instructions under Section IV. of the h. Transitional security activities;
to be used to measure progress toward General Section, and that are received i. Main Street technical assistance
grant completion, and the return on by the application deadline date will be consultants or contracts; and
investment (ROI) that the grant has accepted. Also, videos submitted as part j. Costs incurred prior to grant award,
achieved. The Evaluation Plan may of an application will not be viewed. including the cost of application
contain indicators, outcomes and preparation.
D. Intergovernmental Review 4. Main Street Affordable Housing
methodologies in addition to those
stated in the Logic Model. 1. Executive Order 12372, Project Leverage. Excluding the Match
(2) Documentation that demonstrates Intergovernmental Review of Federal amount, Main Street Affordable Housing
program administration and fiscal Programs. Executive Order 12372 was Project Leverage resources may be used
management should include issued to foster intergovernmental to fund non-allowable expenditures,
(a) A description of the procurement partnership and strengthen federalism provided that these expenditures
system structure that the applicant has by relying on state and local processes support the development of affordable
in place, including internal controls. for the coordination and review of housing.
Note that procurement system federal financial assistance and direct 5. Cost Controls.
information will be included in the federal development. HUD a. The total amount of HOPE VI funds
narrative page limit; implementing regulations are published expended shall not exceed the Total
(b) A description of the fiscal in 24 CFR part 52. The executive order Development Cost (‘‘TDC’’), as
management structure that the applicant allows each state to designate an entity published by HUD in NOTICE PIH
has in place, including fiscal controls to perform a state review function. The 2005–26 (HA), ‘‘Public Housing
and internal controls; official listing of State Points of Contact Development Cost Limits,’’ for the
(c) A summary of the results of the (SPOCs) for this review process can be number of affordable housing units that
last available annual external, found at [Link] will be developed through this NOFA.
independent audit, including findings, omb/grants/[Link]. States not listed The TDC limits can be found at on
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if any; on the Web site have chosen not to HUD’s HOPE VI Main Street Web site,
(d) A description of the applicant’s participate in the intergovernmental [Link]
management control structure, review process and, therefore, do not programs/ph/hope6/grants/mainstreet/
including management roles and have a SPOC. If the applicant’s state has or at [Link]
responsibilities and evidence that the a SPOC, the applicant should contact it sub_nonhud/cgi/nph-
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26667
[Link]?d=PIHN&s1= are limited to 15 percent of the grant provided by fax, as proof of timely
total+development+cost& amount. submission. When HUD successfully
op1=AND&l=100& 7. Statutory time limit for award, retrieves the application from
SECT1=TXT_HITS& obligation, and expenditure. [Link], HUD will provide an
SECT5=HEHB&u=./[Link]&p= a. The estimated date of award will be electronic acknowledgment of receipt to
1&r=4&f=G. September 15, 2006. the e-mail address provided on the SF–
b. Cost Control Safe Harbors apply. b. Funds available through this NOFA 424. Proof of Timely Submission shall
Grantees must comply with HOPE VI must be obligated on or before be the date and time that [Link]
Main Street Cost Control and Safe September 30, 2006. receives and validates your application
Harbor Standards as follows: c. In accordance with 31 U.S.C. 1552 submittal and the date HUD receives
(1) Developer Fee Safe Harbor. The (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. those portions of your application
HOPE VI Main Street Safe Harbor for the 935; Pub. L. 101–510, div. A, title XIV, submitted by fax. All fax transmissions
developer fee is 9% or less of total Main Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. must be received by the application
Street Affordable Housing Project costs 1676.), all HOPE VI funds that were deadline date and time.
that are funded by grant funds or appropriated in FY 2005 must be Applications received and validated
leverage funds included in the NOFA expended by September 30, 2011, and by [Link], after the established due
application (less the total amount of all all HOPE VI funds that were date for the program, will be considered
reserve accounts and less the developer appropriated in FY 2006 must be late and will not be considered for
fee, itself.) The maximum developer fee expended by September 30, 2012. Any funding by HUD. Similarly, applications
is 12% of total Main Street Affordable funds that are not expended by these will be considered late if information
Housing Project costs that are funded by dates will be canceled and recaptured submitted by facsimile as part of the
grant funds or leverage funds included by the Treasury, and thereafter will not application is not received by HUD by
in the NOFA application. Any fee above be available for obligation or the established deadline date and time.
the 9% safe harbor must be justified and expenditure for any purpose. Please take into account the
approved by HUD in advance. Possible 8. Withdrawal of Funding. If a grantee transmission time required for
justifications for exceeding the 9% safe under this NOFA does not proceed submitting your application via the
harbor include: within a reasonable time frame, HUD Internet and the time required to submit
(a) Developer independently obtains shall withdraw any grant amounts that any related documents via electronic
project financing, including tax credits. have not been obligated. HUD shall facsimile. HUD suggests that applicants
The more sources of financing, the redistribute any withdrawn amounts to submit their applications early (see the
greater the justification for a higher one or more other applicants eligible for General Section) and during the
developer fee; assistance. operating hours of the [Link]
(b) Developer obtains site control from 9. Transfer of Funds. HUD has the Support Desk, so that if there are
an entity other than the Grantee. The discretion to transfer funds available questions concerning transmission,
more sites acquired the greater the through this NOFA to any other HOPE operators will be available to walk you
justification for a higher developer fee; VI program. through the process. Submitting your
(c) The project is complex (e.g., in 10. Limitation on Eligible application during the Support Desk
financial, legal, environmental and/or Expenditures. Expenditures on services, hours will also ensure that you have
political terms.) equipment, and physical improvements sufficient time for the application to
(d) The developer bears more than must directly relate to project activities complete its transmission prior to the
25% of the predevelopment costs; allowed under this NOFA. application deadline and ask any
(e) The developer fee is deferred or 11. Pre-Award Activities. Award questions should you have any concerns
paid out of positive cash flow from the funds shall not be used to reimburse in trying to submit your application.
project; pre-award expenses. Applicants using dial-up connections
(f) The developer guarantee(s) is for a should be aware that transmission
F. Other Submission Requirements should take some time before [Link]
large dollar amount in proportion to the
project size and/or the guarantee(s) is 1. Application Submission and receives it. [Link] will provide
for a long term. Receipt Procedures. See Section IV.F. of either an error or a successfully received
(2) General Contractor Fee. The HOPE the General Section. transmission message. The [Link]
VI Main Street Safe Harbor for the 2. Timely Receipt Requirements and Support Desk reports that some
general contractor fee is as follows: Proof of Timely Submission. applicants abort the transmission
(a) General Requirements: 6% of hard- a. Electronic Submission. All because they think that nothing is
costs (including contingency and bond electronic applications must be received occurring during the transmission
premium); and verified by [Link] by process. Please be patient and give the
(b) Overhead: 2% of hard-costs plus 11:59:59 p.m. eastern time on or before system time to process the application.
General Requirements; the deadline date established for this Uploading and transmitting many files,
(c) Profit: 6% of hard-costs, General NOFA. particularly electronic forms with
Requirements and Overhead; An electronic time stamp is generated associated XML schemas, will take some
(d) The maximum Safe Harbor for within the system when the application time to be processed. However,
these combined costs is 14%, unless is successfully received by [Link] applicants are advised to use the
adequate justification is provided to and again when the application is Internet Explorer or Netscape browsers
HUD. successfully validated by [Link]. for submitting the application as they
6. Community and Supportive The applicant will receive an have been tested on [Link] and have
Services (‘‘CSS’’). Furnishing CSS to acknowledgement of receipt and a a proven track record. Applicants are
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residents is voluntary, except for tracking number from [Link] with also advised that applications that take
homeownership counseling when the the successful transmission of the 1 hour or more to upload may be timed
application includes development of application. Applicants should print out by their Internet Service provider.
homeownership units. If the applicant these receipts and save them, along with To avoid such issues applicants should
chooses to furnish CSS, expenditures facsimile receipts for information zip their files to shrink the size of the
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26668 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
transmissions and make sure that you 1 NRHP or traditional architecture (a) A tracking and reporting system
are uploading the application from the projects over the past three years. does not exist; or
desktop and other applications have (3) The applicant will earn a (b) The applicant does not
been closed. Following these simple maximum of 5 points if the applicant demonstrate how one will be used to
procedures will help speed the upload. demonstrates that the applicant team implement a grant awarded through this
b. Applications Receiving Waivers to has extensive experience, gained over NOFA.
Submit a Paper Copy Application. See the past three years, of affordable 2. Rating Factor 2: Need for Affordable
the Section IV. of the General Section. housing development and historic Housing (up to 10 Points)
Applicants granted a wavier to the preservation requirements, but is behind
electronic submission requirement must schedule in implementing the Main a. For the applicant’s PMSA/MSA or
be submitted in their entirety to the Street Plan. nonmetropolitan county/parish, if the
applicable HUD office by the (4) The applicant will earn a ratio of the maximum affordable rent for
application deadline date. Written maximum of 0 points if the applicant a 3-person very low-income family to
notification of waiver approval will cannot demonstrate that its team has at the FMR of a 2-bedroom size unit
include information on mailing least adequate experience of housing (affordable rent divided by FMR) is
instructions and timely receipt of the development and historic preservation equal to or less than 1.1, the applicant
application by HUD. requirements, whether implementation will receive 10 points. Affordable rent is
c. No Facsimiles of Entire of the Main Street Plan is on schedule 30% of the Income Limit for a very low-
Application. HUD will not accept fax or not. income family, divided by 12 (months
transmissions from applicants who b. Knowledge of Key Personnel (up to per year).
receive a waiver to submit a paper copy 10 points). b. For the applicant’s PMSA/MSA or
application. Paper applications must be (1) The applicant will earn a nonmetropolitan county/parish, if the
complete and submitted, in their maximum of 10 points if the applicant ratio of the maximum affordable rent for
entirety, on or before the application demonstrates that its key personnel a 3-person family to the FMR of a 2-
deadline date. have extensive knowledge, gained over bedroom size unit (affordable rent
3. General Section References. Section the past three years, of affordable divided by FMR) is greater than 1.1, the
IV of the General Section is hereby housing development and historic applicant will receive 0 points.
incorporated by reference. preservation requirements. Affordable rent is 30% of the Income
4. Forms. The following HUD (2) The applicant will earn a Limit for a very low-income family,
standard forms are not required as part maximum of 5 points if the applicant divided by 12 (months per year).
of the application for this NOFA: demonstrates that the applicant team’s
a. Grant Application Detailed Budget 3. Rating Factor 3: Appropriateness of
key personnel have adequate the Main Street Plan (up to 20 Points)
(HUD–424–CB); and knowledge, gained over the past three
b. Grant Application Detailed Budget a. Main Street Plan Requirements (up
years, of affordable housing
Worksheet (HUD–424–CBW). to 3 points).
development and historic preservation
(1) The Main Street Plan should at a
V. Application Review Information requirements.
minimum:
(3) The applicant will earn a (a) Have had an architect, land
A. Selection Criteria (Rating Factors)
maximum of 0 points if the applicant planner, or qualified planning
1. Rating Factor 1: Capacity (up to 30 cannot demonstrate that its key professional involved in Plan
Points) personnel have at least adequate preparation.
This factor addresses whether the knowledge, gained over the past three (b) Describe the proposed Main Street
Applicant Team has the capacity and years, of housing development and Rejuvenation redevelopment strategies;
organizational resources necessary to historic preservation requirements. (c) Describe the proposed Main Street
successfully implement the proposed c. Tracking and Reporting System for Rejuvenation redevelopment actions;
activities within the grant period. Production Milestones (up to 5 points). (d) Include a map that indicates the
a. Past Experience (up to 15 points). (1) The applicant will earn a Main Street Area and the Main Street
(1) The applicant will earn a maximum of 5 points if the applicant Affordable Housing Project sites;
maximum of 15 points if the applicant demonstrates that a tracking and (e) Include a narrative that refers to
demonstrates that the applicant’s team reporting system for key production the map and describes the various
has extensive experience of affordable milestones has existed and has been in planned redevelopment actions; and
housing development and historic use continuously for the Main Street (f) Include a list of properties where
preservation requirements, and is on Area rejuvenation effort, and the affordable housing will be rehabilitated
schedule in implementing the Main applicant demonstrates how the or developed. The list of properties
Street Plan, that is, the applicant’s team tracking and reporting system will be must have been included in the Main
has developed or rehabilitated more used to implement a grant awarded Street Plan on or before the application
than 5 affordable housing projects and through this NOFA. deadline date. The properties must be
3 NRHP or traditional architecture (2) The applicant will earn a described by lot/block number, street
projects over the past three years. maximum of 3 points if a tracking and address, legal description, or other exact
(2) The applicant will earn a reporting system exists as of the description.
maximum of 10 points if the applicant application deadline date (i.e., was (2) Scoring:
demonstrates that the applicant’s team developed as a result of this NOFA), but (a) The applicant will receive 3 points
has adequate experience of affordable has not been used on the Main Street if the application demonstrates that the
housing development and historic Area rejuvenation effort, provided that Main Street Plan includes either 5 or 6
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preservation requirements, and is on the applicant demonstrates how it will of the elements listed above.
schedule in implementing the Main be used to implement a grant awarded (b) The applicant will receive 2 points
Street Plan. That is, the applicant’s team through this NOFA. if the application demonstrates that the
has developed or rehabilitated more (3) The applicant will receive 0 points Main Street Plan includes either 3 or 4
than 2 affordable housing projects and if: of the elements listed above.
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26669
(c) The applicant will receive 0 points to possible future residents of the Main (b) Main Street Affordable Housing
if the application does not demonstrate Street Affordable Housing Project, Project Leverage includes leverage that
that the Main Street Plan includes at including (in accordance with is specifically used only for
least 3 of the elements listed above. affirmative fair housing marketing development of the Main Street
b. Main Street Plan Qualities (up to 17 requirements) the population that is Affordable Housing Project.
points). least likely to apply. (c) Match is a separate, statutorily
(1) Commitment to Historic or (b) The applicant will receive 1 point required sub-group of Main Street
Traditional Architecture. if the applicant’s Main Street Plan Affordable Housing Project Leverage.
(a) The applicant will receive 5 points includes a discussion of either (2) This Rating Factor measures Main
if the applicant’s Main Street Plan promotion or marketing, but not both, of Street Affordable Housing Project
demonstrates a strong commitment to the Main Street Area rejuvenation effort Leverage only. The amount of Main
the preservation of historic or to parties that may be involved in the Street Affordable Housing Project
traditional architecture. rejuvenation effort and to possible Leverage includes the match amount.
(b) The applicant will receive 3 points future residents of the Main Street Points are assigned based on the
if the applicant’s Main Street Plan Affordable Housing Project, including following scale:
addresses the preservation of historic or (in accordance with affirmative fair
traditional architecture but does not housing marketing requirements) the Leverage as percent of grant Points
convey a strong commitment to it. amount awarded
population that is least likely to apply.
(c) The applicant will receive 0 points (c) The applicant will receive 0 points Less than 50 percent .................... 0
if the applicant Main Street Plan does if the applicant’s Main Street Plan does Greater than or equal to 50 per-
not address the preservation of historic not includes a discussion of promotion cent but less than 100 percent 5
or traditional architecture. or marketing of the Main Street Area 100 percent or more ..................... 10
(2) Design Guidelines. rejuvenation effort.
(a) The applicant will receive 4 points c. Retention of historic or traditional
if the applicant’s Main Street Plan 4. Rating Factor 4: Readiness and architecture (up to 5 points).
contains specific design guidelines that Appropriateness of the Main Street (1) The applicant will receive 5 points
relate to historic or traditional Affordable Housing Project (up to 25 if the application demonstrates that the
architecture, and that promote universal Points) buildings in the project will maintain all
design, as described in Section III.C. of a. Site Control (up to 5 points). of the historic or traditional architecture
this NOFA. (1) Site control is an indicator that the and design features on all floors of the
(b) The applicant will receive 0 points buildings.
applicant is ready to move forward with
if the Main Street Plan does not contain (2) The applicant will receive 3 points
the rehabilitation efforts that are
design guidelines. if the application demonstrates that the
(3) Public and Private Support. included in the application and the
NOFA. buildings in the project will retain some
(a) The applicant will receive 5 points of the historic or traditional architecture
if the applicant’s Main Street Plan has (2) Scoring:
(a) The applicant will receive 5 points and design features on some or all of the
received strong local public and private floors of the buildings.
sector support demonstrated by long- if the application includes
(3) The applicant will receive 0 points
term (at least two years) financial and documentation that demonstrates site
if the application does not demonstrate
in-kind service leverage commitments to control over (all of) the affordable
that the buildings in the project will
the Main Street Area equal to or greater housing site(s) that comprise the Main
retain historic or traditional architecture
than 200 percent of the applicant’s Street Affordable Housing Project, as
and design features.
requested grant amount. included in the application’s Section L: d. Reservation for Very Low-Income
(b) The applicant will receive 3 points Map of the Main Street Area. Families (up to 3 points).
if the applicant’s Main Street Plan has (b) The applicant will receive 0 points (1) The applicant will receive 3 points
received strong local public and private if the application does not include if the ratio of units reserved for very
sector support demonstrated by long- documentation that demonstrates site low-income initial residents to units
term (at least two years) financial and control over the affordable housing sites reserved for low-income residents (very
in-kind service leverage commitments to that comprise the Main Street low-income divided by low-income) is
the Main Street Area equal to or greater Affordable Housing Project, as included greater than 20 percent of the total
than 100 percent, but less than 200 in the application’s Section L: Map of affordable housing units in the project.
percent of the applicant’s requested the Main Street Area. (2) The applicant will receive 0 points
grant amount. b. Main Street Affordable Housing if the ratio of units reserved for very
(c) The applicant will receive 0 points Project Leverage (up to 10 points). low-income initial residents to units
if the applicant’s Main Street Plan has (1) In this NOFA, there are three reserved for low-income residents (very
received local public and private sector categories of cash and in-kind low-income divided by low-income) is
support demonstrated by long-term (at contributions (‘‘leverage’’), Main Street less than or equal to 20 percent of the
least two years) financial and in-kind Area Leverage, Main Street Housing total affordable housing units in the
service leverage commitments to the Project Leverage, and match: project.
Main Street Area less than 100 percent (a) Main Street Area Leverage e. Economic Opportunities for Low-
of the applicant’s requested grant includes leverage used for activities and Very Low-Income Persons
amount. related to the Main Street Area (Provision of Section 3) (up to 2 Points).
(4) Promotion and Marketing. rejuvenation effort as a whole, and does HOPE VI grantees must comply with
(a) The applicant will receive 3 points not include Main Street Affordable Section 3 of the Housing and Urban
jlentini on PROD1PC65 with NOTICES2
if the applicant’s Main Street Plan SETS Housing Project leverage. Note that Development Act of 1968 (12 U.S.C.
FORTH A PLAN to promote and market long-term Main Street Area Leverage is 1701u) (Economic Opportunities for
the Main Street Area rejuvenation effort rated above in Section V.A.3.b. of this Low- and Very Low-Income Persons in
to financiers, other parties that may be NOFA, entitled ‘‘Public and Private Connection with assisted Projects) and
involved in the rejuvenation effort and Support.’’ its implementing regulations at 24 CFR
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26670 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
part 135. One of the purposes of the milestone’s time to completion, e.g., March 22, 2004, provides that most
assistance is to give, to the greatest Gantt Chart. HUD competitive NOFAs will include
extent feasible, and consistent with (2) The applicant may receive a an incentive for local and state
existing Federal, State and local laws maximum of 3 points if the applicant governments to decrease their regulatory
and regulations, job training, has performed two of the three actions barriers to the development of
employment, contracting and other in (a) through (c) above, and, where affordable housing.
economic opportunities to section 3 applicable, has obtained information (2) Form HUD–27300 contains
residents and section 3 business that was used in developing the questions that explore the applicant’s
concerns. Program Schedule. efforts to decrease regulatory barriers.
(1) The applicant will receive 2 points (3) The applicant will receive 0 points b. Scoring.
if the application includes a feasible if the applicant has not performed at (1) If the applicant is considered a
plan to implement Section 3 that not least two of the three actions in (a) local unit of government with land use
only meets the minimum requirements through (c) above. and building regulatory authority, an
described in Section (1) above, but also b. Fiscal Management (up to 6 points). agency or department of a local unit of
exceeds those requirements. (1) If the applicant shows fiscal government, a nonprofit organization, or
The applicant will receive 0 points if management controls, a procurement other qualified applicant applying for
the application does not include a system, and a results-oriented funding for a project located in the
feasible plan to implement Section 3 management structure that are adequate jurisdiction of the local unit of
that not only meets the minimum to manage a grant from this NOFA, and government, the applicant is invited to
requirements described in Section (1) the applicant demonstrates that their answer the 20 questions in Part A of
above, but also exceeds those management structure and controls are form HUD–27300. For those
requirements. results-oriented, the applicant will applications in which regulatory
f. Energy Star (up to 1 point). receive 6 points; authority is split between jurisdictions
(1) Promotion of Energy Star (2) If the applicant shows fiscal (e.g., county/parish and town), the
compliance is a HOPE VI Main Street management controls, a procurement applicant should answer the question
program goal. See ‘‘Program system, and management structure and for that jurisdiction that has regulatory
Requirements,’’ Section III.C. of this controls that are adequate to manage a authority over the issue at question.
NOFA. grant from this NOFA, but the applicant (a) If the applicant checked Column 2
does not demonstrate that the for five to ten questions from Part A, the
(2) You will receive 1 point if your
applicant’s management structure and applicant will receive 1 point in the
application demonstrates that you will:
controls are results-oriented, the NOFA evaluation.
(a) Use Energy Star-labeled products;
applicant will receive 3 points; (b) If the applicant checked Column 2
(b) Promote Energy Star design of (3) If the applicant does not describe for 11 or more questions from Part A,
affordable units; and its program management structure and the applicant will receive 2 points in the
(c) If your application includes the fiscal management controls and does NOFA evaluation.
development of homeownership units, not show that they are adequate, the (2) Part B of the form is for an
include Energy Star in required applicant will receive 0 points. applicant that is a state government or
homeownership counseling. c. Evaluation (up to 2 points). an agency or department of a state
(2) You will receive 0 points if your (1) If the applicant’s required government. State governments are not
application does not demonstrate that Evaluation Plan demonstrates the eligible to apply for this NOFA and, as
you will perform (a) and (b) above, and, methods that will be used, and data that such, Part B of the form is not
if applicable, (c) above. will be collected, to evaluate the applicable.
5. Rating Factor 5: Program indicators and outcomes of this grant, (3) In no case will an applicant
Administration and Fiscal Management including, at a minimum, the indicators receive greater than two points for
(up to 13 Points) and outcomes stated in the applicant’s barrier removal activities.
Logic Model, the applicant will receive (4) An applicant must submit the
a. Program Schedule (up to 5 points). 2 points. documentation requested in the
(1) The applicant may receive a (2) If the applicant’s required questionnaire or provide a Web site
maximum of 5 points if the applicant Evaluation Plan does not demonstrate address (URL) where the documentation
demonstrates that the milestones in the the methods that will be used, and data can be readily found, to receive the
Program Schedule are realistic and that will be collected, to evaluate the bonus points for this policy priority. See
achievable. That is, the application indicators and outcomes of this grant, Section IV. of the General Section for
demonstrates that the applicant has including, at a minimum, the indicators documentation requirements.
performed the following actions and, and outcomes stated in the applicant’s
where applicable, has obtained 7. Rating Factor 7: RC/EZ/EC–IIs—(up to
Logic Model, the applicant will receive 2 Points)
information that was used in developing 0 points.
the Program Schedule: a. RC/EZ/EC–IIs. This NOFA provides
(a) Contacted the State Historic 6. Rating Factor 6: Incentive Criteria on for the award of two bonus points for
Preservation Officer, the local HUD Regulatory Barrier Removal—(up to 2 eligible activities/projects that the
Field Office, architects, materials Points) applicant proposes to locate in federally
suppliers, and other parties that a. Description. designated Empowerment Zones (EZs),
milestones depend upon to ensure that (1) HUD’s Notice, ‘‘America’s Renewal Communities (RCs), or
the milestones can reasonably be met; Affordable Communities Initiative, Enterprise Communities, designated by
(b) Checked to see if any litigation or HUD’s Initiative on Removal of the United States Department of
jlentini on PROD1PC65 with NOTICES2
court orders exist that will affect the Regulatory Barriers: Announcement of Agriculture in round II (EC–IIs), that are
milestones; and Incentive Criteria on Barrier Removal in intended to serve the residents of these
(c) Prepared a chart that states HUD’s FY 2004 Competitive Funding areas, and that are certified to be
estimated production milestones, their Allocations,’’ Federal Register Docket consistent with the area’s strategic plan
relative time frames, and each Number FR–4882–N–03, published on or RC Tax Incentive Utilization Plan
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26671
(TIUP). (For ease of reference in this (4) The maximum number of points of funds available from this NOFA,
notice, all of the federally designated for each application is 100, plus a eligible applications will be funded
areas are collectively referred to as ‘‘RC/ possible 2 RC/EZ/EC–II bonus points. until the amount of non-awarded funds
EZ/EC–IIs’’ and residents of any of these (5) Minimum Score. Applications that is less than the amount required to
federally designated areas as ‘‘RC/EZ/ do not have a preliminary score of at feasibly fund the next eligible
EC–II residents.’’) This NOFA contains least 50 will not be eligible for funding. application. In this case, the funds that
a certification, ‘‘Certification of b. Ranking. have not been awarded will be
Consistency with RC/EZ/EC Strategic (1) After preliminary review, considered remaining funds.
Plan’’ (form HUD–2990), that must be applications with a minimum score of 9. The following sub-sections of
completed for the applicant to be 50 or above will be ranked in score Section V. of the General Section are
considered for RC/EZ/EC–II bonus order. hereby incorporated by reference:
points. A list of RC/EZ/EC–IIs can be 4. Final Panel Review.
a. A Final Review Panel made up of a. HUD’s Strategic Goals;
obtained from HUD’s Web page at
[Link] Applicants can HUD staff will: b. Policy Priorities;
determine if their program/project (1) Review the Preliminary Rating and c. Threshold Compliance;
activities are located in one of these Ranking documentation to:
d. Corrections to Deficient
designated areas by using the locator on (a) Ensure that any inconsistencies
Applications;
HUD’s Web site at [Link] between preliminary reviewers have
been identified and rectified; and e. Rating; and
crlocator.
(b) Ensure that the Preliminary Rating f. Ranking.
B. Review and Selection Process and Ranking documentation accurately
reflects the contents of the application. VI. Award Administration Information
1. HUD’s selection process is designed
to ensure that grants are awarded to (2) Assign a final score to each A. Award Notices
eligible local governments with the most application; and
(3) Recommend for selection the most 1. Initial Announcement. The HUD
meritorious applications. Reform Act prohibits HUD from
highly rated applications, subject to the
2. Application Screening. notifying the applicant as to whether or
amount of available funding, in
a. HUD will screen each application not the applicant has been selected to
accordance with the allocation of funds
to determine if: receive a grant until HUD has
described in Section II of this NOFA.
(1) It meets the threshold criteria 5. HUD reserves the right to make announced all grant recipients. If the
listed in Section III.C. of this NOFA; and reductions in funding for any ineligible application has been found to be
(2) It is deficient, i.e., contains any items included in an applicant’s ineligible or if it did not receive enough
technical deficiencies. proposed budget. points to be funded, the applicant will
b. Corrections to Deficient 6. In accordance with the FY 2005 not be notified until the successful
Applications. The subsection entitled, HOPE VI appropriation, HUD may not applicants have been notified. HUD will
‘‘Corrections to Deficient Applications,’’ use HOPE VI funds, including HOPE VI provide written notification to all
in Section V.B. of the General Section Main Street funds, to grant competitive applicants, whether or not they have
applies. Clarifications or corrections of advantage in awards to settle litigation been selected for funding.
technical deficiencies in accordance or pay judgments. 2. Authorizing Document. The notice
with the information provided by HUD 7. Tie Scores. If two or more of award signed by the Assistant
must be submitted within 14 calendar applications have the same score and Secretary for Public and Indian Housing
days of the date of receipt of the HUD there are insufficient funds to select all (grants officer) is the authorizing
notification. of them, HUD will select for funding the document. This notice will be delivered
c. Applications that will not be rated application(s) with the highest score for via the United States Postal Service to
or ranked. the Main Street Plan Qualities Rating the applicant’s authorized signatory at
(1) HUD will not rate or rank Factor. If a tie remains, HUD will select the applicant’s address, as stated on the
applications that are deficient at the end for funding the application(s) with the SF–424.
of a 14 calendar day cure period, as highest score for the Capacity Rating
described in Section V.B. above and the 3. Applicant Debriefing. For a period
Factor. HUD will select further tied of at least 120 days, beginning 30 days
General Section. applications with the highest score for
(2) HUD will not rate or rank after the awards for assistance are
the Need Rating Factor. announced publicly, HUD will provide
applications that have not met the 8. Remaining Funds.
thresholds described in Section III.C. of a debriefing to an application that
a. HUD reserves the right to reallocate
this NOFA. Such applications will not requests one. All debriefing requests
remaining funds from this NOFA to
be eligible for funding. must be made in writing by the
other eligible activities under Section 24
3. Preliminary Rating and Ranking. authorized official whose signature
of the Act.
a. Rating. appears on the SF–424 or his/her
(1) If the total amount of funds
(1) HUD staff will preliminarily rate successor in office, and submitted to the
requested by all applications found
each eligible application, SOLELY on person or organization identified for
eligible for funding under Section V.B.
the basis of the Rating Factors described ‘‘Technical Assistance’’ in Section VII.B.
of this NOFA is less than the amount of
in Section V.A. of this NOFA. of this NOFA. Information provided
funds available from this NOFA, all
(2) When rating applications, HUD during a debriefing will include, at a
eligible applications will be funded and
reviewers will not use any information minimum, the final score you received
those funds in excess of the total
included in any application submitted for each Rating Factor.
requested amount will be considered
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26672 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
B. Administrative and National Policy time frames must be stated in a Program The report will be completed on-line.
Requirements Schedule that includes the following The Grantee will enter into the
milestones, at a minimum: Quarterly Progress Report:
1. Administrative Requirements (a) Grant Award Date (assume two (a) On a quarterly basis:
a. Grant Agreement Execution. The months after application deadline date); (i) Administrative and production
grantee must execute the Grant (b) Grant Agreement Execution Date milestones, called ‘‘Checkpoints,’’;
Agreement within 90 days after HUD (the Grant Agreement will be mailed to (ii) Financial status, by Budget Line
mails the Grant Agreement to the the grantee within one month after Item as listed on form HUD–52825–A,
grantee. notice of award. The grantee will be ‘‘HOPE VI Budget,’’ including the grant
b. Grant term. The time period for given a maximum of 90 days to execute budget, amounts authorized by HUD for
completion shall not exceed 30 months the Agreement); expenditure, and amounts expended to
from the date the NOFA award is (c) Development Plan Submission date; and
executed. Date; (iii) A short status narrative.
c. Sub-Grants and Contracts. Grant (d) Date of closing of financing of the (b) On an annual basis, the Total real
funds may be expended directly by the first phase. If the applicant plans not to estate tax assessment for the census tract
applicant or they may be granted or have a financial closing, it must state so that includes the Main Street Area.
loaned by the applicant to a third-party in the Schedule; (2) HUD will provide training and
procured developer who is undertaking (e) Date of the start of construction of technical assistance on the filing and
the development of the Project. the first housing unit; and submitting of Main Street Quarterly
d. Reasonable Time Frame. Grantees (f) Date of the completion of Progress Reports.
must proceed within a reasonable time construction of the last housing unit. (3) Filing of Quarterly Progress
frame to complete the following e. Preliminary Environmental Reports is mandatory for all grantees,
milestone activities: Approval Only. HUD’s notification of and failure to do so within the required
(1) Development Proposal. Grantees award to a selected applicant constitutes quarterly time frame will result in
must submit a development proposal for a preliminary approval by HUD subject suspension of grant funds until the
the project within 6 months after the to the completion of an environmental report is filed and approved by HUD.
grant award date or, if State Historic review of the proposed sites in (4) Grantees will be held to the
Preservation Officer approval is accordance with 24 CFR part 50. See milestones that are reported in the
necessary, 9 months after the grant Section III.C. of this NOFA for Quarterly Progress Report, as approved
award date. information about environmental by HUD.
(a) Development proposals must requirements. 4. LOCCS. Grantees must report all
include the following information: f. Flood Insurance. In accordance with obligations and expenditures in HUD’s
(i) Identification of parties to the the Flood Disaster Protection Act of Line of Credit Control System (LOCCS),
project development; 1973 (42 U.S.C. 4001–4128), the or its successor system, on a quarterly
(ii) Activities and relationships of application may not propose to provide basis.
parties, e.g., Party A will loan $50,000 financial assistance for acquisition or 5. Logic Model Reporting. The
to Party C via a hard loan with an construction (including rehabilitation) grantee’s Logic Model will be based
interest rate of 6 percent, with a 30-year of properties located in an area upon the Logic Model included in the
amortization and a 15-year term. identified by the Federal Emergency application. Provided that the Logic
(iii) Financing, i.e., Sources and Uses Management Agency (FEMA) as having Model complies with the requirements
in the form HUD–52861 format; special flood hazards, unless: of this NOFA, the General Section and
(iv) Unit description, i.e., unit number (1) The community in which the area the Grant Agreement, HUD will approve
and sizes. is situated is participating in the the Logic Model’s outputs and outcomes
(v) Site locations, i.e., lot and block, National Flood Insurance program (see at the time of approval of the
street address, or legal description; 44 CFR parts 59 through 79), or less Development Proposal. Beginning after
(vi) Development construction cost than one year has passed since FEMA HUD approval, at a minimum, the
estimate; and notification regarding such hazards; and grantee will be required to submit a
(vii) Certification that open (2) Where the community is completed Logic Model showing
competition will be used by the grantee participating in the National Flood outputs and outcomes achieved
to select a development partner and/or Insurance Program, flood insurance is quarterly. Responses to the management
owner entity, if applicable. obtained as a condition of execution of questions and the ROI Statement in the
(2) First Construction Start. Grantees a Grant Agreement. Logic model for the Main Street program
must start housing unit construction g. Coastal Barrier Resources Act. In must be submitted annually. See Logic
within 12 months after the grant award accordance with the Coastal Barrier Model reporting in the General Section.
date or, if SHPO approval is necessary, Resources Act (16 U.S.C. 3501), the 6. Information for Research and
15 months after grant award date. application may not target properties in Evaluation Studies. As a condition of
(3) Last Construction Completion. the Coastal Barrier Resources System. the receipt of financial assistance under
Grantees must complete construction a HUD Program NOFA, all successful
(receive Certificates of Occupancy for all 2. National Policy Requirements applicants will be required to cooperate
units) within 30 months from the grant a. See references to the General with all HUD staff or contractors
award date. Section in Section III of this NOFA. performing HUD-funded research and
(4) In determining reasonableness of evaluation studies.
such time frame, HUD will take into 3. Reporting 7. Final Audit. Grantees are required
consideration those delays caused by a. Quarterly Administrative and to obtain a complete final closeout audit
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factors beyond the applicant’s control. Compliance Checkpoints Report of the grantee financial statements for
(5) In accordance with the threshold (Quarterly Report). the grant funds. The audit must be
requirement in Section III.C. of this (1) If the applicant is selected for completed by a certified public
NOFA and the threshold documentation funding, the applicant must submit a accountant (CPA) in accordance with
in Section IV.B. of this NOFA, the above Main Street Quarterly Report to HUD. generally accepted government audit
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26673
standards, if the Grantee expends 3. The applicant is responsible for VIII. Other Information
$500,000 or more in a calendar or monitoring these sites during the A. General Section References. The
program year. A written report of the application preparation period. following sub-sections of Section VIII. of
audit must be forwarded to HUD within Applicants may sign up for the the General Section are hereby
60 days of issuance. Grant recipients [Link] notification service. incorporated by reference:
must comply with the requirements of Applicants signed up for the service 1. Executive Order 13132, Federalism;
24 CFR part 84 or 24 CFR part 85 as will receive notification from [Link] 2. Public Access, Documentation and
stated in OMB Circulars A–110, A–87, if HUD issues any modifications to the Disclosure;
and A–122, as applicable. NOFA, Application Package, or 3. Section 103 of the HUD Reform
8. Final Report. Application Instructions. Act; and
a. Within 30 days after the grantee 4. The FY 2005 HUD NOFA Process
obtains the results of the Final Audit, B. Technical Assistance
and Future HUD Funding Processes.
the grantee shall submit a final report. B. Environmental Impact. A ‘‘Finding
Before the application deadline date,
The final report will include a financial of No Significant Impact’’ (FONSI) with
HUD staff will be available to provide
report, a narrative evaluating overall respect to the environment has been
performance against its HOPE VI Main the applicant with general guidance and
technical assistance on this NOFA. made for this notice in accordance with
Street application and Main Street HUD regulations at 24 CFR part 50 that
Quarterly Progress Report, and a However, HUD staff is not permitted to
implement Section 102(2)(C) of the
completed Logic Model, form HUD– assist in preparing the application. If the
National Environmental Policy Act of
96010, including responses to the applicant has a question or needs
1969 (42 U.S.C. 4332). The FONSI is
management questions and the ROI clarification, the applicant may call Lar
available for public inspection between
Statement. Grantees shall use Gnessin at (202) 708–0614, ext. 2676, 8 a.m. and 5 p.m. in the Office of the
quantifiable data to measure send an e-mail to General Counsel, Regulations Division,
performance against goals and lawrence_gnessin@[Link], or the U.S. Department of Housing and Urban
objectives outlined in its application. applicant may contact Ms. Dominique Development, 451 Seventh Street, SW.,
The financial report shall contain a Blom, Acting Deputy Assistant Room 10276, Washington, DC 20410–
summary of all expenditures made from Secretary for Public Housing 0500.
the beginning of the grant agreement to Investments, Department of Housing C. Paperwork Reduction Act
the end of the grant agreement and shall and Urban Development, 451 Seventh Statement. The information collection
include any unexpended balances. Street, SW., Room 4130, Washington, requirements contained in this
b. Racial and Ethnic Data. HUD DC 20410–5000; telephone (202) 401– document have been approved by the
requires that funded recipients collect 8812; fax (202) 401–2370 (these are not Office of Management and Budget
racial and ethnic beneficiary data. It has toll-free numbers). Persons with hearing (OMB), under the Paperwork Reduction
adopted the Office of Management and and/or speech impairments may access Act of 1995 (44 U.S.C. 3501–3520) and
Budget’s Standards for the Collection of these telephone numbers via text assigned OMB Control Number 2577–
Racial and Ethnic Data. In view of these telephone (TTY) by calling the toll-free 0208. In accordance with the Paperwork
requirements, you should use form Federal Information Relay Service at Reduction Act, HUD may not conduct or
HUD–27061, Racial and Ethnic Data (800) 877–8339. For technical support sponsor, and a person is not required to
Reporting Form (instructions for its about downloading an application, respond to, a collection of information
use), found on http:// registering with [Link], and unless the collection displays a
[Link]; a comparable currently valid OMB control number.
submitting an application, please call
program form; or a comparable Public reporting burden for the
[Link] Customer Support at 800–
electronic data system. collection of information is estimated to
518-GRANTS (This is a toll-free
c. The final narrative, financial report, average 68 hours per annum per
number) or e-mail [Link] at
closeout documentation as required by respondent for the application and grant
HUD, and Logic Model shall be due to support@grants.
administration. This includes the time
HUD 90 days after either the full C. General Information for collecting, reviewing, and reporting
expenditure of funds, or when the grant the data for the application, quarterly
term expires, whichever comes first. General information about HUD’s reports, and final report. The
HOPE VI programs can be found on the information will be used for grantee
VII. Agency Contacts Internet at [Link] selection and monitoring the
A. Technical Corrections to the NOFA. pih/programs/ph/hope6/. General administration of funds. Response to
information specifically about HUD’s this request for information is required
1. Technical corrections to this NOFA
will be posted to the [Link] Web HOPE VI Main Street Program can be in order to receive the benefits to be
site. found on the Internet at http:// derived.
2. Any technical corrections will also [Link]/offices/pih/programs/ph/ [FR Doc. 06–4084 Filed 5–4–06; 8:45 am]
be published in the Federal Register. hope6/grants/mainstreet/. BILLING CODE 4210–01–P
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