Federally Assisted Low Income Housing Drug Elimination Grants; Notice of Funding AvailabilityFY 1995

SUMMARY: This NOFA announces HUD's FY 1995 funding of $17,800,737 for

Federally Assisted Low Income Housing Drug Elimination Grants. The

purposes of the Assisted Housing Drug Elimination Program are to

eliminate drug-related crime and related problems in and around the

premises of federally assisted low income housing, and to make

available grants to help owners of such housing carry out plans to

address these issues. This document describes the purpose of the NOFA,

applicant eligibility, available amounts, selection criteria, financial

requirements, management, and application processing, including how to

apply, how selections will be made, and how applicants will be notified

of results.

DATES: No applications will be accepted after 4:00 p.m. (local time) by

the local HUD Office on April 18, 1995. This application deadline is

firm as to date and hour. In the interest of fairness to all competing

applicants, HUD will treat as ineligible for consideration any

application that is received after the deadline. Applicants should take

this practice into account and make early submission of their materials

to avoid any risk of loss of eligibility brought about by unanticipated

delays or other delivery-related problems. A ``FAX'' will not

constitute delivery.

ADDRESSES: (a) Application form: An application form may be obtained

from the local HUD Office having jurisdiction over the location of the

applicant project. The HUD Office will be available to provide

technical assistance on the preparation of applications during the

application period. In addition, applications may be obtained from the

Multifamily Housing Clearinghouse by calling 1-800-685-8470; or for

hearing- or speech-impaired persons (202) 708-4594 (TDD). (The TDD

number is not a toll-free number.)

(b) Application submission: Applications (original and one copy)

must be received by the deadline at the appropriate HUD Office with

jurisdiction over the applicant project, Attention: Director of

Multifamily Housing. It is not sufficient for the application to bear a

postage date within the submission time period. Applications submitted

by facsimile are not acceptable. Applications received after the

deadline will not be considered.

FOR FURTHER INFORMATION CONTACT: For application material and project-

specific guidance, please contact the Office of the Director of

Multifamily Housing in the HUD Office having jurisdiction over the

project(s) in question. A list of HUD Offices is attached to this NOFA.

For other information, contact Lessley Wiles, Office of Multifamily

Housing Management, Department of Housing and Urban Development, Room

6176, 451 Seventh Street, SW., Washington, DC 20410. Telephone (202)

708-2654, Ext. 2618. TDD number (202) 708-4594. (These are not toll-

free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this NOFA have

been approved by the Office of Management and Budget, under section

3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520),

and assigned OMB control number 2502-0476.

I. Purpose and Substantive Description

(a) Authority

These grants are authorized under Chapter 2, Subtitle C, Title V of

the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.), as amended

by section 581 of the National Affordable Housing Act of 1990 (NAHA)

(Pub. L. 101-625, approved November 28, 1990) and section 161 of the

Housing and Community Development Act of 1992 (HCDA 1992) (Pub. L. 102-

550, approved October 28, 1992).

Note: This NOFA does NOT apply to the funding available under

the statute for Public and Indian Housing.

(b) Allocation Amounts

(1) Federal Fiscal Year 1995 Funding

The amount available for funding under this Notice of Funding

Availability (NOFA) is $17,800,737. Section 581 of NAHA expanded the

Drug Elimination Program to include federally assisted low-income

housing. The Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act of 1995, (Pub.

L. 103-327, approved September 28, 1994) appropriated $290 million for

the Drug Elimination Program, and made not more than $17,406,250 of the

total Drug Elimination Program appropriation available for federally

assisted low-income housing. The additional $394,487 represent funds

available from recaptured and carry-over funds from prior year

appropriations for the Federally Assisted Low-Income Housing Drug

Elimination Grant Program.

Of the total $290 million appropriated, $247,168,750 will fund the

Public and Indian Housing Drug Elimination Program; $13,925,000 will

fund the Youth Sports Program; $10 million will fund drug elimination

technical assistance and training; and $1.5 million will fund drug

information clearinghouse services. The remaining $17,406,250 plus the

$394,487 is being made available under this NOFA.

HUD is allocating grant funds under this NOFA to four ``Award

Offices'' on the basis of a formula allocation. This formula allocation

reflects the number of eligible federally assisted low-income housing

units in specific geographic areas and the level of drug-related crime

within each area, according to statistics compiled by the U.S.

Department of Justice, Federal Bureau of Investigation (``Uniform Crime

Reports for Drug Abuse Violations--1990'').

(2) Maximum Grant Award Amounts

The maximum grant award amount is limited to $125,000 per project.

(3) Reallocation

Any grant funds under this NOFA that are allocated, but that are

not reserved for grantees, must be released to HUD Headquarters for

reallocation. HUD reserves the right to fund portions of full

applications. If the HUD Award Office determines that an application

cannot be partially funded and there are insufficient funds to fund the

application fully, any remaining funds after all other applications

have been selected will be released to HUD Headquarters for

reallocation. Amounts that may become available due to deobligation

will also be reallocated to Headquarters.

All reallocated funds will be awarded in the following manner: HUD

Award Offices will submit to Headquarters a list of applications, with

their scores and amount of funding requested, that would have been

funded had there been sufficient funds in the appropriate allocation to

do so. Headquarters will select applications from those submitted by

the HUD Award Offices, using a random number lottery overseen by the

Offices of Housing, General Counsel, [[Page 9545]] and Inspector

General, and make awards from any available reallocated funds.

(4) Reduction of Requested Grant Amounts

HUD may award an amount less than requested if:

(i) HUD determines the amount requested for an eligible activity is

unreasonable;

(ii) Insufficient amounts remain under the allocation to fund the

full amount requested by the applicant and HUD determines that partial

funding is a viable option;

(iii) HUD determines that some elements of the proposed plan are

suitable for funding and others are not; or

(iv) For any other reason where good cause exists.

(5) Distribution of Funds

In past years, funds under this program were allocated to the ten

HUD Regional Offices. Due to HUD's reorganization, those offices no

longer exist. Therefore, this year HUD is allocating funds to four

Award Offices, which will receive the scores from each HUD Office that

has received, rated, ranked, and scored its applications. Those Award

Offices will, in turn, request funding for the properties with the

highest score from each HUD Office. If sufficient funds remain, the

next highest scored applications, regardless of HUD Office, will be

awarded funds. HUD is allocating grant funds under this NOFA to the

four Award Offices, in accordance with the following schedule:

------------------------------------------------------------------------

Award office States covered Allocation

------------------------------------------------------------------------

Buffalo......... Maine.................................... $4,414,583

New Hampshire............................

Vermont..................................

Massachusetts............................

Connecticut..............................

Rhode Island.............................

New York.................................

New Jersey...............................

Pennsylvania.............................

Delaware.................................

Maryland.................................

District of Columbia.....................

West Virginia............................

Virginia.................................

Knoxville....... Kentucky................................. 4,467,985

Tennessee................................

North Carolina...........................

South Carolina...........................

Georgia..................................

Alabama..................................

Puerto Rico..............................

Mississippi..............................

Florida..................................

Iowa.....................................

Kansas...................................

Missouri.................................

Nebraska.................................

Minneapolis..... Illinois................................. 4,343,380

Indiana..................................

Minnesota................................

Wisconsin................................

Michigan.................................

Ohio.....................................

Little Rock..... Arkansas................................. 4,574,789

Louisiana................................

New Mexico...............................

Oklahoma.................................

Texas....................................

Colorado.................................

Montana..................................

North Dakota.............................

South Dakota.............................

Utah.....................................

Wyoming..................................

Arizona..................................

California...............................

Hawaii...................................

Nevada...................................

Alaska...................................

Idaho....................................

Oregon...................................

Washington...............................

------------------------------------------------------------------------

(c) Eligibility

The following is a listing of eligible activities, ineligible

activities, eligible applicants, and general grant requirements under

this NOFA.

(1) Eligible Activities

Please note that the maximum term of the grant is 12 months.

It is the goal and intent of the Federally Assisted Low-Income

Housing Drug Elimination Grant Program to foster a sense of community

in dealing with the issues of drug-related criminal activity. Programs

that foster interrelationships between the residents, the housing owner

and management, the local law enforcement agencies, and other community

groups impacting on the housing are greatly desired and encouraged.

Resident participation in the determination of programs and activities

to be undertaken is critical to the success of all aspects of the

program. Working jointly with community groups, the neighborhood law

enforcement precinct, residents of adjacent properties, and the

community as a whole can enhance and magnify the effect of specific

program activities and should be the goal of all applicants.

(i) Physical Improvements to Enhance Security. Physical

improvements that are specifically designed to enhance security are

eligible for funding under this program. The improvements may include

(but are not limited to) systems designed to limit building access to

project residents, the installation of barriers, lighting systems,

fences, bolts, and locks; the landscaping or reconfiguration of common

areas to discourage drug-related crime; and other physical improvements

designed to enhance security and discourage drug-related activities. In

particular, HUD is seeking plans that provide successful, proven, and

cost effective deterrents to drug-related crime that are designed to

address the realities of low-income assisted housing environments. All

physical improvements must also be accessible to persons with

disabilities. For example, some types of locks or buzzer systems are

not accessible to persons with limited strength or mobility, or to

persons who are hearing-impaired. All physical improvements must meet

the accessibility requirements of 24 CFR part 8.

(ii) Programs to Reduce the use of Drugs. Programs designed to

reduce the use of drugs in and around federally assisted low-income

housing projects, including drug abuse prevention, intervention,

referral, and treatment programs, are eligible for funding under this

program. The program should facilitate drug prevention, intervention,

and treatment efforts, to include outreach to community resources and

youth activities, and facilitate bringing these resources onto the

premises, or provide resident referrals to treatment programs or

transportation to out-patient treatment programs away from the

premises. Funding is permitted for reasonable, necessary, and justified

leasing of vehicles for resident youth and adult education and training

activities directly related to ``Programs to reduce the use of drugs''

under this section. Alcohol-related activities/programs are not

eligible for funding under this NOFA.

(A) Drug Prevention. Drug prevention programs that will be

considered for funding under this NOFA must provide a comprehensive

drug prevention approach for residents that will address the individual

resident and his or her relationship to family, peers, and the

community. Prevention programs must include activities designed to

identify and change the factors present in federally assisted low-

income housing that lead to drug-related problems, and thereby lower

the risk of drug usage. Many components of a comprehensive approach,

such as refusal and restraint skills, training programs, or drug-

related family counseling, may already be available in the community of

the applicant's housing projects, and the applicant must act to bring

those available program components onto the premises. Activities that

should be included in these programs are:

(1) Drug Education Opportunities for Residents. The causes and

effects of [[Page 9546]] illegal drug usage must be discussed in a

formal setting to provide both young people and adults the working

knowledge and skills they need to make informed decisions to confront

the potential and immediate dangers of illegal drugs. Grantees may

contract (in accordance with 24 CFR part 85.36) with drug education

professionals to provide appropriate training or workshops. The drug

education professionals contracted to provide these services shall be

required to base their services upon the program plan of the grantee.

These educational opportunities may be a part of resident meetings,

youth activities, or other gatherings of residents.

(2) Family and Other Support Services. Drug prevention programs

must demonstrate that they will provide directly or otherwise make

available services designed to distribute drug education information,

to foster effective parenting skills, and to provide referrals for

treatment and other available support services in the project or the

community for federally-assisted low-income housing families.

(3) Youth Services. Drug prevention programs must demonstrate that

they have included groups composed of young people as a part of their

prevention programs. These groups must be coordinated by adults with

the active participation of youth to organize youth leadership, sports,

recreational, cultural, and other activities involving housing youth.

The dissemination of drug education information, the development of

peer leadership skills, and other drug prevention activities must be a

component of youth services. Activities or services funded under this

program may not also be funded under the Youth Sports Program.

(4) Economic/Educational Opportunities for Residents and Youth.

Drug prevention programs should demonstrate a capacity to provide

residents the opportunity for referral to established higher education

or vocational institutions with the goal of developing or building on

the residents' skills to pursue educational, vocational, and economic

goals. The program must also demonstrate the ability to provide

residents the opportunity to interact with private sector businesses in

their immediate community for the same desired goals.

(B) Intervention. The aim of intervention is to identify federally

assisted low-income housing resident drug users and assist them in

modifying their behavior and in obtaining early treatment, if

necessary. The applicant must establish a program with the goal of

preventing drug problems from continuing once detected.

(C) Drug Treatment. (1) Treatment funded under this program shall

be in or around the premises of the federally assisted low-income

housing projects proposed for funding.

(2) Funds awarded under this program shall be targeted towards the

development and implementation of new drug referral treatment services

and/or aftercare, or the improvement or expansion of such program

services for residents.

(3) Each proposed drug treatment program should address the

following goals:

(i) Increase resident accessibility to drug treatment services;

(ii) Decrease criminal activity in and around federally assisted

low-income housing projects by reducing illicit drug use among

residents; and

(iii) Provide services designed for youth and/or maternal drug

abusers (e.g., prenatal/postpartum care, specialized counseling in

women's issues, parenting classes, or other drug supportive services).

(4) Approaches that have proven effective with similar populations

will be considered for funding. Programs should meet the following

criteria:

(i) Applicants may provide the service of formal referral

arrangements to other treatment programs not in or around the project

when the resident is able to obtain treatment costs from sources other

than this program. Applicants may also provide transportation for

residents to out-patient treatment and/or support programs.

(ii) Provide family/collateral counseling.

(iii) Provide linkages to educational/vocational counseling.

(iv) Provide coordination of services to appropriate local drug

agencies, HIV-related service agencies, and mental health and public

health programs.

(v) Applicants must demonstrate a working partnership with the

Single State Agency or State license provider or authority with drug

program coordination responsibilities to coordinate, develop, and

implement the drug treatment proposal. In particular, applicants must

review and determine with the Single State Agency or State license

provider or authority with drug program coordination responsibilities

whether:

(A) The drug treatment provider(s) has provided drug treatment

services to similar populations, identified in the application, for two

prior years; and

(B) The drug treatment proposal is consistent with the State

treatment plan and the treatment service meets all State licensing

requirements.

(vi) Funding is not permitted for treatment of residents at any in-

patient medical treatment programs/facilities.

(vii) Funding is not permitted for detoxification procedures, short

term or long term, designed to reduce or eliminate the presence of

toxic substances in the body tissues of a patient.

(viii) Funding is not permitted for maintenance drug programs.

Maintenance drugs are medications that are prescribed regularly for a

long period of supportive therapy (e.g., methadone maintenance), rather

than for immediate control of a disorder.

(iii) Resident Councils (RCs). Providing funding to resident

councils to strengthen their role in developing programs of eligible

activities involving site residents is eligible for funding under this

program.

(2) Ineligible Activities. Funding is not permitted for any

activities listed below:

(i) Any activity or improvement that is normally funded from

project operating revenues for routine maintenance or repairs, or those

activities or improvements that may be funded through reasonable and

affordable rent increases;

(ii) The acquisition of real property or physical improvements that

involve the demolition of any units in the project or displacement of

tenants.

(iii) Costs incurred prior to the effective date of the grant

agreement, including, but not limited to, consultant fees for surveys

related to the application or its preparation;

(iv) Reimbursement of local law enforcement agencies for additional

security and protective services;

(v) The employment of one or more individuals:

(A) To investigate drug-related crime on or about the real property

comprising any federally assisted low-income project; and

(B) To provide evidence relating to such crime in any

administrative or judicial proceeding;

(vi) The provision of training, communications equipment, and other

related equipment for use by voluntary tenant patrols acting in

cooperation with local law enforcement officials.

(3) Eligible Applicants. The applicant must be the owner of a

federally assisted low-income housing project under:

(i) Section 221(d)(3), section 221(d)(4) or 236 of the National

Housing Act. (Note, however, that only section 221(d)(4) and section

221(d)(3) market rate projects with project-based assistance contracts

are considered federally assisted low-income housing.

[[Page 9547]] Therefore, section 221(d)(4) and section 221(d)(3) market

rate projects with tenant-based assistance contracts are not considered

federally assisted low-income housing and are not eligible for

funding.)

(ii) Section 101 of the Housing and Urban Development Act of 1965;

or

(iii) Section 8 of the United States Housing Act of 1937.

(4) General Grant Requirements. The following requirements apply to

all activities, programs, or functions used to plan, budget, and

evaluate the work funded under this program.

(i) After applications have been ranked and selected, HUD and the

applicant shall enter into a grant agreement setting forth the amount

of the grant, the physical improvements or other eligible activities to

be undertaken, financial controls, and special conditions, including

sanctions for violation of the agreement.

(ii) The policies, guidelines, and requirements of this NOFA, 48

CFR part 31, other applicable OMB cost principles, HUD program

regulations, HUD Handbooks, and the terms of grant/special conditions

and subgrant agreements apply to the acceptance and use of assistance

by grantees and will be followed in determining the reasonableness and

allocability of costs. All costs must be reasonable and necessary.

(iii) The term of funded activities may not exceed 12 months.

(iv) Owners must ensure that any funds received under this program

are not commingled with other HUD or project operating funds.

(v) To avoid duplicate funding, owners must establish controls to

assure that any funds from other sources, such as Reserve for

Replacement or Rent Increases, are not used to fund the physical

improvements to be undertaken under this program.

(vi) Employment preference. A grantee under this program shall give

preference to the employment of residents, and comply with section 3 of

the Housing and Urban Development Act of 1968 and 24 CFR part 135, to

carry out any of the eligible activities under this part, so long as

such residents have qualifications and training comparable to

nonresident applicants.

(vii) Termination of funding. HUD may terminate funding if the

grantee fails to undertake the approved program activities on a timely

basis in accordance with the grant agreement, adhere to grant agreement

requirements or special conditions, or submit timely and accurate

reports.

(viii) Subgrants (subcontracting).

(A) A grantee may directly undertake any of the eligible activities

under this NOFA or it may contract with a qualified third party,

including incorporated Resident Councils (RCs). Resident groups that

are not incorporated RCs may share with the grantee in the

implementation of the program, but may not receive funds as

subgrantees.

(B) Subgrants or cash contributions to incorporated RCs may be made

only under a written agreement executed between the grantee and the RC.

The agreement must include a program budget that is acceptable to the

grantee and that is otherwise consistent with the grant application

budget. The agreement must obligate the incorporated RC to permit the

grantee to inspect and audit the RC financial records related to the

agreement, and to account to the grantee on the use of grant funds and

on the implementation of program activities. In addition, the agreement

must describe the nature of the activities to be undertaken by the

subgrantee, the scope of the subgrantee's authority, and the amount of

insurance to be obtained by the grantee and the subgrantee to protect

their respective interests.

(C) The grantee shall be responsible for monitoring, and for

providing technical assistance to, any subgrantee to ensure compliance

with HUD program requirements, including OMB Circular Nos. A-110 and A-

122, that apply to the acceptance and use of assistance by private

nonprofit organizations. The procurement requirements of Attachment O

of Circular A-110 apply to RCs. The grantee must also ensure that

subgrantees have appropriate insurance liability coverage.

(d) Selection Criteria and Ranking Factors

HUD will review each application to determine that it meets the

requirements of this NOFA and to assign points in accordance with the

selection criteria. A total of 200 points is the maximum score

available under the selection criteria. An application must receive a

score of at least 151 points out of the maximum of 200 points that may

be awarded under this competition to be eligible for funding. After

assigning points to each application, HUD Offices will rank the

applications in order. The Award Office will select the highest ranking

application from each HUD Office whose eligible activities can be fully

funded. The Award Office will then select the highest scored unfunded

application submitted to it regardless of Field Office and continue the

process until all funds allocated to it have been awarded or to the

point where there are insufficient acceptable applications for which to

award funds. Grants under this program are categorically excluded from

review under the National Environmental Policy Act of 1969 (NEPA) (42

U.S.C. 4321). However, prior to the award of grant funds under the

program, HUD will perform an environmental review to the extent

required under the provisions of 24 CFR 50.4. Each application

submitted will be evaluated on the basis of the following selection

criteria:

(1) The Quality of the Plan To Address the Problem (Maximum Points: 50)

In assessing this criterion, HUD will consider the following

factors:

(i) The quality of the applicant's plan to address the drug-related

crime problem, and the problems associated with drug-related crime, in

the projects proposed for funding, and how well the activities proposed

for funding fit in with the plan. (maximum points: 10)

(ii) The anticipated effectiveness of the plan and the proposed

activities in reducing or eliminating drug-related crime problems over

an extended period. (maximum points: 10)

(iii) How the activities identified in the plan will affect and

address the problem of drug-related crime in adjacent properties.

(maximum points: 5)

(iv) Evidence that the proposed activities have been found

successful in similar circumstances in terms of controlling drug-

related crime. (maximum points: 5)

(v) Whether the property is located within an area identified as

having a Safe Neighborhood Action Plan (SNAP) or similar plan or

program designated for combatting drug-related criminal activity. (20

points if so located, 0 points if not.)

(2) The Support of Local Government/Law Enforcement Agencies (Maximum

Points: 20)

In assessing this criterion, HUD will consider the following

factors:

(i) Evidence that the project owner has sought assistance in

deterring drug-related crime problems and the extent to which the owner

has participated in programs that are available from local governments

or law enforcement agencies; (maximum points: 10) and

(ii) The level of support by the local government or law

enforcement agency for the applicant's proposed activities (Maximum

points: 10) [[Page 9548]]

(3) The Extent of the Drug-Related Crime Problem in the Housing Project

Proposed for Assistance (Maximum Points: 50)

In assessing this criterion, HUD will consider the degree of

severity of the drug-related crime problem in the project proposed for

funding, as demonstrated by the information required to be submitted

under section III.(h) of this NOFA.

(4) The Support of Residents in Planning and Implementing the Proposed

Activities. (Maximum Points: 30)

In assessing this criterion, HUD will consider the following

factors:

(i) Evidence that comments and suggestions have been sought from

residents to the proposed plan for this program and the degree to which

residents will be involved in implementation. (maximum points: 20)

(ii) Evidence of resident support for the proposed plan. (maximum

points: 10)

(5) Capacity of Owner and Management To Undertake the Proposed

Activities: (Maximum Points: 50)

In assessing this criterion, HUD will consider the following:

(i) The most recent Management Review completed by the HUD Office.

(Note: The HUD Office will conduct another management review after

application submission if the most recent management review is more

than one year old). (maximum points: 40)

(ii) Submission of evidence that project owners have initiated

other efforts to reduce drug-related crime by working with tenant/law

enforcement groups (e.g., establishment of ``Tenant Watches'' or

similar efforts). (maximum points: 5)

(iii) Submission of evidence that project management carefully

screens applicants for units and takes appropriate steps to deal with

tenants known or suspected to exhibit drug-related criminal behavior.

(maximum points: 5)

II. Application Process

(a) Application Form

An application form may be obtained from the HUD Office having

jurisdiction over the location of the applicant project. The HUD Office

will be available to provide technical assistance on the preparation of

applications during the application period.

(b) Application Submission

A separate application must be submitted for each project. An

application (original and one copy) must be received by the deadline at

the appropriate HUD Office with jurisdiction over the applicant

project, Attention: Director of Multifamily Housing. It is not

sufficient for the application to bear a postage date within the

submission time period. Applications submitted by facsimile (``FAX'')

are not acceptable and will not be considered. Applications received

after the deadline will not be considered. No applications will be

accepted after 4:00 p.m. (local time) for the appropriate HUD Office on

April 18, 1995. This application deadline is firm as to date and hour.

In the interest of fairness to all competing applicants, the Department

will treat as ineligible for consideration any application that is

received after the deadline. Applicants should take this practice into

account and make early submission of their materials to avoid any risk

of loss of eligibility brought about by unanticipated delays or other

delivery-related problems.

(c) Application Notification

HUD will notify all applicants whether or not they were selected

for funding.

III. Checklist of Application Submission Requirements

To qualify for a grant under this program, an applicant must submit

an application to HUD that contains the following:

(a) Application for Federal Assistance form (Standard Form SF-424

and SF-424A). The form must be signed by the applicant.

(b) A description of the applicant's plan for addressing the

problem of drug-related crime in the projects for which funding is

sought, which should include the activities to be funded under this

program along with all other initiatives being undertaken by the

applicant. The description should also include a discussion of:

(1) The anticipated effectiveness of the plan and the proposed

activities in reducing or eliminating drug-related crime problems over

an extended period.

(2) How the activities identified in the plan will affect and

address the problem of drug-related crime in adjacent properties.

(3) Other efforts that project owners have initiated to reduce

drug-related crime by working with tenant/law enforcement groups (e.g.,

establishment of ``Tenant Watches'' or similar efforts).

(4) Procedures that project management uses to screen applicants

for units and steps taken to deal with tenants known or suspected to

exhibit drug-related criminal behavior.

(c) Each applicant for funding for physical improvements must

submit a written plan fully describing the physical improvements to be

undertaken with dollar costs per unit for each item. This plan must be

signed by the owner.

(d) Each applicant must submit a letter from the local government

or police (law enforcement) agency that describes the type of drug-

related crime in the project proposed for grant funding and its

immediate environs, and expresses a commitment to assist the owner in

taking steps to reduce or eliminate the drug-related crime problems of

the project.

(e) A description of the procedure used to involve residents in the

development of the plan and written summaries of any comments and

suggestions received from residents on the proposed plan, along with

evidence that the owner carefully considered the comments of residents

and incorporated their suggestions in the plan, when practical.

(f) A description of the support of residents for the proposed

activities and the ways in which residents will be involved in

implementing the plan. Letters of support from residents or a

resolution from the resident organization may be used.

(g) A copy of the most recent management review performed by HUD

and evidence supporting the capacity of the owner and management to

undertake the proposed activities.

(h) Detailed information, such as local government and police

reports, evidencing the degree of drug-related crime in the project and

adjacent properties to demonstrate the degree of severity of the drug-

related crime problem. This information may consist of:

(1) Objective data. The best available objective data on the

nature, source, and extent of the problem of drug-related crime, and

the problems associated with drug-related crime. These data may include

(but are not necessarily limited to) crime statistics from Federal,

State, tribal or local law enforcement agencies, or information from

the applicant's records on the types and sources of drug-related crime

in the project proposed for assistance; descriptive data as to the

types of offenders committing drug-related crime in the applicant's

project (e.g., age, residence, etc.); the number of lease terminations

or evictions for drug-related criminal activity; the number of

emergency room admissions for drug use or drug-related crime; the

number of police calls for [[Page 9549]] drug-related criminal

activity; the number of residents placed in treatment for substance

abuse; and the school drop-out rate and level of absenteeism for youth.

If crime statistics are not available at the project or precinct level,

the applicant may use other reliable, objective data including those

derived from the owner's records or those of private groups that

collect such data. The crime statistics should be reported both in real

numbers, and as a percentage of the residents in each project (e.g., 20

arrests for distribution of heroin in a project with 100 residents

reflects a 20 percent occurrence rate). The data should cover the past

three-year period and, to the extent feasible, should indicate whether

these data reflect a percentage increase or decrease in drug-related

crime over the past several years. Applicants must address in their

assessment how these crimes have affected the project and how the

applicant's overall plan and strategy is specifically tailored to

address these drug-related crime problems.

(2) Other data on the extent of drug-related crime. To the extent

that objective data as described under paragraph (1) of this section

may not be available, or to complement that data, the assessment may

use relevant information from other sources that have a direct bearing

on drug-related crime problems in the project proposed for assistance.

However, if other relevant information is to be used in place of,

rather than to complement, objective data, the application must

indicate the reason(s) why objective data could not be obtained and

what efforts were made to obtain it. Examples of other data include:

resident/staff surveys on drug-related issues or on-site reviews to

determine drug activity; the use of local government or scholarly

studies or other research conducted in the past year that analyze drug

activity in the targeted project; vandalism costs and related vacancies

attributable to drug-related crime; information from schools, health

service providers, residents and police; and the opinions and

observations of individuals having direct knowledge of drug-related

crime problems concerning the nature and extent of those problems in

the project proposed for assistance. (These individuals may include law

enforcement officials, resident or community leaders, school officials,

community medical officials, drug treatment or counseling

professionals, or other social service providers.)

(i) If applying for drug treatment program funding, a certification

that the applicant has notified and consulted with the relevant Single

State Agency or other local authority with drug program coordination

responsibilities concerning its application; and that the proposed drug

treatment program has been reviewed by the relevant Single State Agency

or other local authority and that it is consistent with the State

treatment plan; and that the relevant Single State Agency or other

local authority has determined that the drug treatment provider(s) has

provided drug treatment services to similar populations, identified in

the application, for two prior years.

(j) Drug-free workplace. The certification with regard to the drug-

free workplace required by 24 CFR part 24, subpart F and appendix C.

(k) Disclosure of Lobbying Activities. If the amount applied for is

greater than $100,000, the certification with regard to lobbying

required by 24 CFR part 87 must be included. See section VI.(h), below,

of this NOFA. If the amount applied for is greater than $100,000, and

the applicant has made or has agreed to make any payment using

nonappropriated funds for lobbying activity, as described in 24 CFR

part 87, the submission must also include the Disclosure of Lobbying

Activities Form (SF-LLL).

(l) Form HUD-2880, Applicant/Recipient Disclosure/Update Report.

IV. Corrections to Deficient Applications

HUD will notify the applicant within 10 working days of the receipt

of the application if there are any curable technical deficiencies in

the application. Curable technical deficiencies relate to minimum

eligibility requirements (such as certifications and signatures) that

are necessary for funding approval but that do not relate to the

quality of the applicant's program proposal under the selection

criteria. The owner must submit corrections in accordance with the

information provided by HUD within 14 calendar days of the date of the

HUD notification.

V. Other Matters

(a) Nondiscrimination and Equal Opportunity

The following nondiscrimination and equal opportunity requirements

apply:

(1) The requirements of Title VIII of the Civil Rights Act of 1968

(Fair Housing Act) (42 U.S.C. 3600-20) and implementing regulations

issued at subchapter A of title 24 of the Code of Federal Regulations,

as amended by 54 FR 3232 (published January 23, 1989); Executive Order

11063 (Equal Opportunity in Housing) and implementing regulations at 24

CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and

implementing regulations issued at 24 CFR part 1;

(2) The prohibitions against discrimination on the basis of age

under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and

implementing regulations at 24 CFR part 146, and the prohibitions

against discrimination against handicapped individuals under section

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing

regulations at 24 CFR part 8;

(3) The requirements of Executive Order 11246 (Equal Employment

Opportunity) and the regulations issued under the Order at 41 CFR

Chapter 60;

(4) The requirements of Executive Orders 11625, 12432, and 12138.

Consistent with HUD's responsibilities under these Orders, recipients

must make efforts to encourage the use of minority and women's business

enterprises in connection with funded activities.

(b) Environmental Impact

At the time of the publication of the proposed rule for the

Federally Assisted Low Income Housing Drug Elimination Program, a

Finding of No Significant Impact with respect to the environment was

made in accordance with HUD regulations at 24 CFR part 50 that

implement section 102(2)(C) of the National Environmental Policy Act of

1969 (42 U.S.C. 4332). The initial finding applies to this NOFA, and is

available for public inspection and copying from 7:30 to 5:30 weekdays

in the Office of the Rules Docket Clerk, Room 10276, 451 Seventh

Street, SW., Washington, DC 20410.

(c) Federalism Impact

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that the

provisions of this NOFA do not have federalism implications within the

meaning of the Order. The NOFA announces the availability of funds and

provides the application requirements for Federally Assisted Low Income

Housing Drug Elimination Grants, which fund activities designed to

deter drug-related crime. Deterring drug-related crime is a recognized

goal of general benefit without direct implications on States or their

political subdivisions, or the relationship between the Federal

government and the States, or on the distribution of power and

responsibilities among various levels of government. [[Page 9550]]

(d) Family Impact

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that the policies announced in

this NOFA would not have potential for significant impact on family

formation, maintenance, and general well-being, except indirectly to

the extent of the social and other benefits expected from this program

of assistance.

(e) Section 102 HUD Reform Act Applicant/Recipient Disclosures

Accountability in the Provision of HUD Assistance

HUD has promulgated a final rule to implement section 102 of the

Department of Housing and Urban Development Reform Act of 1989 (HUD

Reform Act). The final rule is codified at 24 CFR part 12. Section 102

contains a number of provisions that are designed to ensure greater

accountability and integrity in the provision of certain types of

assistance administered by HUD. On January 14, 1992, HUD published in

the Federal Register (57 FR 1942) additional information that gave the

public (including applicants for, and recipients of, HUD assistance)

further information on the implementation of section 102. The

documentation, public access, and disclosure requirements of section

102 are applicable to assistance awarded under this NOFA as follows:

Documentation and Public Access

HUD will ensure that documentation and other information regarding

each application submitted pursuant to this NOFA are sufficient to

indicate the basis upon which assistance was provided or denied. This

material, including any letters of support, will be made available for

public inspection for a five-year period beginning not less than 30

days after the award of the assistance. Material will be made available

in accordance with the Freedom of Information Act (5 U.S.C. 552) and

HUD's implementing regulations at 24 CFR part 15. In addition, HUD will

include the recipients of assistance pursuant to this NOFA in its

quarterly Federal Register notice of all recipients of HUD assistance

awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and

the notice published in the Federal Register on January 16, 1992 (57 FR

1942), for further information on these requirements.)

Disclosures. HUD will make available to the public for five years

all applicant disclosure reports (HUD Form 2880) submitted in

connection with this NOFA. Update reports (also Form 2880) will be made

available along with the applicant disclosure reports, but in no case

for a period less than three years. All reports--both applicant

disclosures and updates--will be made available in accordance with the

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15. (See 24 CFR subpart C, and the notice

published in the Federal Register on January 16, 1992 (57 FR 1942), for

further information on these disclosure requirements.)

(f) Section 103 HUD Reform Act

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 was published May 13,

1991 (56 FR 22088) and became effective on June 12, 1991. That

regulation, codified at 24 CFR part 4, applies to this funding

competition. The requirements of the rule continue to apply until the

announcement of the selection of successful applicants.

HUD employees involved in the review of applications and in the

making of funding decisions are limited by 24 CFR part 4 from providing

advance information to any person (other than an authorized employee of

HUD) concerning funding decisions, or from otherwise giving any

applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under 24 CFR part 4. Applicants who have

general questions about what information may be discussed with them

during the selection may contact the HUD Office of Ethics (202) 708-

3815 or (202) 708-9300 (TDD). (These are not toll-free numbers.)

(g) Section 112 HUD Reform Act

Section 13 of the Department of Housing and Urban Development Act

contains two provisions dealing with efforts to influence HUD's

decisions with respect to financial assistance. The first imposes

disclosure requirements on those who are typically involved in these

efforts--those who pay others to influence the award of assistance or

the taking of a management action by HUD and those who are paid to

provide the influence. The second restricts the payment of fees to

those who are paid to influence the award of HUD assistance, if the

fees are tied to the number of housing units received or are based on

the amount of assistance received, or if they are contingent upon the

receipt of assistance.

Section 13 was implemented by final rule published in the Federal

Register on May 17, 1991 (56 FR 22912). If readers are involved in any

efforts to influence HUD in these ways, they are urged to read the

final rule, particularly the examples contained in Appendix A of the

rule.

(h) Prohibition Against Lobbying Activities

The use of funds awarded under this NOFA is subject to the

disclosure requirements and prohibitions of section 319 of the

Department of Interior and Related Agencies Appropriations Act for

Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment) and the

implementing regulations at 24 CFR part 87. These authorities prohibit

recipients of federal contracts, grants, or loans from using

appropriated funds for lobbying the executive or legislative branches

of the federal government in connection with a specific contract,

grant, or loan. The prohibition also covers the awarding of contracts,

grants, cooperative agreements, or loans unless the recipient has made

an acceptable certification regarding lobbying. Under 24 CFR part 87,

applicants, recipients, and subrecipients of assistance exceeding

$100,000 must certify that no federal funds have been or will be spent

on lobbying activities in connection with the assistance. Indian

Housing Authorities (IHAs) established by an Indian tribe as a result

of the exercise of their sovereign power are excluded from coverage,

but IHAs established under State law are not excluded from coverage.

Authority: 42 U.S.C. 11901 et. seq.

Dated: January 31, 1995.

Nicolas P. Retsinas,

Assistant Secretary for Housing--Federal Housing Commissioner.

Appendix A: Field Office Addresses and Telephone Numbers

Note: The first line of the mailing address for all offices is

U.S. Department of Housing and Urban Development. Telephone numbers

listed are not toll-free.

HUD--New England Area

Connecticut State Office, First Floor, 330 Main Street, Hartford, CT

06106-1860, (203) 240-4523

Maine State Office, 99 Franklin Street, Bangor, ME 04401-4925, (207)

945-0467

Massachusetts State Office, Room 375, Thomas P. O'Neill, Jr. Federal

Building, 10 Causeway Street, Boston, MA 02222-1092, (617) 565-5234

New Hampshire State Office, Norris Cotton Federal Building, 275

Chestnut Street, Manchester, NH 03101-2487, (603) 666-7681

Rhode Island State Office, Sixth Floor, 10 Weybosset Street,

Providence, RI 02903-2808, (401) 528-5351 [[Page 9551]]

Vermont State Office, Room 244, Federal Building, 11 Elmwood Ave.,

P.O. Box 879, Burlington, VT 05402-0879, (802) 951-6290

HUD--New York, New Jersey Area

New Jersey State Office, Thirteenth Floor, One Newark Center,

Newark, NJ 07102-5260, (201) 622-7900

New York State Office, 26 Federal Plaza, New York, NY 10278-0068,

(212) 264-6500

Albany Area Office, 52 Corporate Circle, Albany, NY 12203-5121,

(518) 464-4200

Buffalo Area Office, Fifth Floor, Lafayette Court, 465 Main Street,

Buffalo, NY 14203-1780, (716) 846-5755

Camden Area Office, Second Floor, Hudson Building, 800 Hudson

Square, Camden, NJ 08102-1156, (609) 757-5081

HUD--Midatlantic Area

Delaware State Office, Suite 850, 824 Market Street, Wilmington, DE

19801-3016, (302) 573-6300

District of Columbia Office, 820 First Street, NE, Washington, D.C.

20002-4502, (202) 275-9200

Maryland State Office, Fifth Floor, City Crescent Building, 10 South

Howard Street, Baltimore, MD 21201-2505, (401) 962-2520

Pennsylvania State Office, Liberty Square Building, 105 South 7th

Street, Philadelphia, PA 19106-3392, (215) 597-2560

Virginia State Office, The 3600 Centre, 3600 West Broad Street, P.O.

Box 90331, Richmond, VA 23230-0331, (804) 278-4507

West Virginia State Office, Suite 708, 405 Capitol Street,

Charleston, WV 25301-1795, (304) 347-7000,

Pittsburgh Area Office, 412 Old Post Office Courthouse, 7th Avenue

and Grant Street, Pittsburgh, PA 15219-1906, (412) 644-6428

HUD--Southeast/Caribbean Area

Alabama State Office, Suite 300, Beacon Ridge Tower, 600 Beacon

Parkway, West, Birmingham, AL 35209-3144, (205) 290-7617

Caribbean Office, New San Juan Office Building, 159 Carlos Chardon

Avenue, San Juan, PR 00918-1804, (809) 766-6121

Florida State Office, Suite 3100, 8600 Northwest 36th Street, P.O.

Box 4022, Miami, FL 33166-4022, (305) 717-2500

Georgia State Office, Richard B. Russell Federal Building, 75 Spring

Street, S.W., Atlanta, GA 30303-3388, (404) 331-5136

Kentucky State Office, 601 West Broadway, P.O. Box 1044, Louisville,

KY 40201-1044, (502) 582-5251

Mississippi State Office, Suite 910, Doctor A.H. McCoy Federal

Building, 100 West Capitol Street, Jackson, MS 39269-1016, (601)

965-5308

North Carolina State Office, Koger Building, 2306 West Meadowview

Road, Greensboro, NC 27407-3707, (919) 547-4001

South Carolina State Office, Strom Thurmond Federal Building, 1835

Assembly Street, Columbia, SC 29201-2480, (803) 765-5592

Tennessee State Office, Suite 200, 251 Cumberland Bend Drive,

Nashville, TN 37228-1803, (615) 736-5213

Coral Gables Area Office, Gables 1 Tower, 1320 South Dixie Highway,

Coral Gables, FL 33146-2911, (305) 662-4500

Jacksonville Area Office, Suite 2200, Southern Bell Tower, 301 West

Bay Street, Jacksonville, FL 32202-5121, (904) 232-2626

Knoxville Area Office, Third Floor, John J. Duncan Federal Building,

710 Locust Street, Knoxville, TN 37902-2526, (615) 545-4384

Memphis Area Office, Suite 1200, One Memphis Place, 200 Jefferson

Avenue, Memphis, TN 38103-2335, (901) 544-3367

Orlando Area Office, Suite 270, Langley Building, 3751 Maguire

Boulevard, Orlando, FL 32803-3032, (407) 648-6441

Tampa Area Office, Suite 700, Timberlake Federal Building Annex, 501

East Polk Street, Tampa, FL 33602-3945, (813) 228-2501

HUD--Midwest Area

Illinois State Office, Ralph H. Metcalfe Federal Building, 77 West

Jackson Boulevard, Chicago, IL 60604-3507, (312) 353-5680

Indiana State Office, 151 North Delaware Street, Indianapolis, IN

46204-2526, (317) 226-6303

Michigan State Office, Patrick V. McNamara Federal Building, 477

Michigan Avenue, Detroit, MI 48226-2592, (313) 226-7900

Minnesota State Office, 220 Second Street, South, Minneapolis, MN

55401-2195, (612) 370-3000

Ohio State Office, 200 North High Street, Columbus, OH 43215-2499,

(614) 469-5737

Wisconsin State Office, Suite 1380, Henry S. Reuss Federal Plaza,

310 West Wisconsin Avenue, Milwaukee, WI 53203-2289, (414) 297-3214

Cincinnati Area Office, Room 9002 Federal Office Building, 550 Main

Street, Cincinnati, OH 45202-3253, (513) 684-2884

Cleveland Area Office, Fifth Floor, Renaissance Building, 1350

Euclid Avenue, Cleveland, OH 44115-1815, (216) 522-4058

Flint Area Office, Room 200, 605 North Saginaw Street, Flint, MI

48502-1953, (313) 766-5109

Grand Rapids Area Office, 2922 Fuller Avenue, NE, Grand Rapids, MI

49505-3499, (616) 456-2100

Springfield Area Office, Suite 206, 509 West Capitol Street,

Springfield, IL 62704-1906, (217) 492-4085

HUD--Southwest Area

Arkansas State Office, Suite 900, TCBY Tower, 425 West Capitol

Avenue, Little Rock, AR 72201-3488 (501) 324-5931,

Louisiana State Office, Fisk Federal Building, 1661 Canal Street,

New Orleans, LA 70112-2887 (504) 589-7200,

New Mexico State Office, 625 Truman Street, NE, Albuquerque, NM

87110-6443 (505) 262-6463

Oklahoma State Office, Murrah Federal Building, 200 N.W. 5th Street,

Oklahoma City, OK 73102-3202, (405) 231-4181

Texas State Office, 1600 Throckmorton Street, P.O. Box 2905, Fort

Worth, TX 76113-2905, (817) 885-5401

Dallas Area Office, Room 860, 525 Griffin Street, Dallas, TX 75202-

5007, (214) 767-8359

Houston Area Office, Suite 200, Norfolk Tower, 2211 Norfolk,

Houston, TX 77098-4096, (713) 834-3274

Lubbock Area Office, Federal Office Building, 1205 Texas Avenue,

Lubbock, TX 79401-4093, (806) 743-7265

San Antonio Area Office, Washington Square, 800 Dolorosa Street, San

Antonio, TX 78207-4563, (210) 229-6800

Shreveport Area Office, Suite 1510, 401 Edwards Street, Shreveport,

LA 71101-3107, (318) 676-3385

Tulsa Area Office, Suite 110, Boston Place, 1516 South Boston

Street, Tulsa, OK 74119-4032, (918) 581-7434

Great Plains

Iowa State Office, Room 239, Federal Building, 210 Walnut Street,

Des Moines, IA 50309-2155, (515) 284-4512

Kansas/Missouri State Office, Room 200, Gateway Tower II, 400 State

Avenue, Kansas City, KS 66101-2406, (913) 551-5462

Nebraska State Office, Executive Tower Centre, 10909 Mill Valley

Road, Omaha, NE 68154-3955, (402) 492-3100

Saint Louis Area Field Office, Third Floor, Robert A. Young Federal

Building, 1222 Spruce Street, St. Louis, MO 63103-2836, (314) 539-

6583

HUD--Rocky Mountains Area

Colorado State Office, 633 17th Street, Denver, CO 80202-3607, (303)

672-5440

Montana State Office, Room 340, Federal Office Building, Drawer

10095, 301 S. Park, Helena, MT 59626-0095, (406) 449-5205

North Dakota State Office, Federal Building, 653 2nd Avenue North,

P.O. Box 2483, Fargo, ND 58108-2483, (701) 239-5136

South Dakota State Office, Suite I-201, 2400 West 49th Street, Sioux

Falls, SD 57105-6558, (605) 330-4223,

Utah State Office Suite 550, 257 Tower, 257 East, 200 South, Salt

Lake City, UT 84111-2048

Wyoming State Office, 4225 Federal Office Building, 100 East B

Street, P.O. Box 120, Casper, WY 82602-1918, (307) 261-5252

HUD--Pacific/Hawaii Area

Arizona State Office, Suite 1600, Two Arizona Center, 400 North 5th

Street, Phoenix, AZ 85004-2361, (602) 379-4434

California State Office, Philip Burton Federal Building and U.S.

Courthouse, 450 Golden Gate Avenue, P.O. Box 36003, San Francisco,

CA 94102-3448, (415) 556-4752

Hawaii State Office, Suite 500, 7 Waterfront Plaza, 500 Ala Moana

Boulevard, Honolulu, HI 96813-4918, (808) 522-8175

Nevada State Office, Suite 205, 1500 E. Tropicana Avenue, Las Vegas,

NV 89119-6516, (702) 388-6500

Fresno Area Office, Suite 138, 1630 E. Shaw Avenue, Fresno, CA

93710-8193, (209) 487-5033

Los Angeles Area Office, 1615 West Olympic Boulevard, Los Angeles,

CA 90015-3801, (213) 251-7122 [[Page 9552]]

Reno Area Office, Suite 114, 1575 Delucchi Lane, Reno, NV 89502-

6581, (702) 784-5356

Sacramento Area Office, Suite 200, 777 12th Avenue, Sacramento, CA

95814-1997, (916) 551-1351

San Diego Area Office, Suite 300, Mission City Corporate Center,

2365 Northside Drive, San Diego, CA 92108-2712, (619) 557-5310

Santa Ana Area Office, Suite 500, 3 Hutton Centre, Santa Ana, CA

92707-5764, (714) 957-7333

Tucson Area Office, Suite 700, Security Pacific Bank Plaza, 33 North

Stone Avenue, Tucson, AZ 85701-1467, (602) 670-6237

HUD--Northwest/Alaska Area

Alaska State Office, Suite 401, University Plaza Building, 949 East

36th Avenue, Anchorage, AK 99508-4399, (907) 271-4170

Idaho State Office, Suite 220, Plaza IV, 800 Park Boulevard, Boise,

ID 83712-7743, (208) 334-1990

Oregon State Office, 520 S.W. 6th Avenue, Portland, OR 97204-1596,

(503) 326-2561

Washington State Office, Suite 200, Seattle Federal Office Building,

909 First Avenue, Seattle, WA 98104-1000, (206) 220-5101

Spokane Area Office, Eighth Floor East, Farm Credit Bank Building,

West 601 First Avenue, Spokane, WA 99204-0317, (509) 353-2510

[FR Doc. 95-3995 Filed 2-16-95; 8:45 am]

BILLING CODE 4210-27-P