Office of the Assistant Secretary for Policy Development and Research; Joint Community Development Program

SUMMARY: This notice announces the availability of up to $12 million of

FY 1994 and FY 1995 special purpose grant funding for the Joint

Community Development Program (referred to in this Notice as the Joint

CD Program). The Joint CD Program, authorized by Title I of the Housing

and Community Development Act of 1974, and as amended by the Housing

and Community Development Act of 1992, provides special purpose grants

to institutions of higher education or to States and units of general

local government submitting applications with institutions of higher

education to HUD to undertake Community Development Block Grant

eligible activities.

For this funding round, HUD seeks to support approximately four to

five Centers for Community Revitalization at institutions of higher

education. These Centers, funded at up to $3 million, will undertake

large-scale, multi-phased, multi-year local community revitalization

and community building activities. Funded Centers can assist

neighborhoods or entire localities. Institutions of higher education

are required to apply on their own, rather than submitting jointly with

a State or unit of general local government. However, institutions are

encouraged to form partnerships with units of general local government

by making part of this funding available to these governments.

Institutions will be expected to show not only that they have

demonstrated capacity to undertake community development activities,

but also that they currently have, or can readily obtain, the capacity

to implement a large-scale, multi-phased, multi-year community

revitalization agenda.

Additional funding for development projects undertaken through the

Joint CD program will be available from the Structured Employment

Economic Development Corporation (Seedco), a national nonprofit

community development support organization. In 1986, Seedco received

major funding from the Ford Foundation for the National Urban

Institutions Program, aimed at revitalizing low-income neighborhoods

through partnerships embracing community-based groups, anchor public

benefit institutions such as universities and hospitals, and other key

organizations including local foundations. Seedco has begun additional

neighborhood revitalization programs in a total of 38 cities with the

financial support of several philanthropic foundations, socially

responsible corporate investors, and HUD. Seedco will make available a

total of up to $2 million in low-interest rate ``gap'' financing for

eligible community revitalization projects undertaken in cooperation

with the Centers funded under this NOFA. Only nonprofit tax-exempt

community-based organizations can be the recipients of Seedco loans.

The NOFA contains information concerning:

(1) The purpose of the NOFA and information on the funding

available, objectives, eligible applicants and activities, and

selection criteria;

(2) The application process, including how to apply and how

selections will be made; and

(3) A checklist of application submission requirements.

DATES: Application kits may be requested on or after April 26, 1995

from the address set forth below under ADDRESSES.

Applications must be physically received by the Office of

University Partnerships, Office of Policy Development and Research,

U.S. Department of Housing and Urban Development, in care of the

Division of Budget, Contracts, and Program Control, in Room 8230 by

4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to

this address will not be accepted. The above-stated application

deadline is firm as to date, hour, and place. 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.

ADDRESSES: To obtain a copy of the application kit, contact: HUD USER,

ATTN: Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850.

Requests for application kits must be in writing, but requests may be

faxed to: 301-251-5747. (This is not a toll free number.) Requests for

application kits must include the applicant's name, mailing address

(including zip code), telephone number (including area code) and must

refer to document ``FR-3870.''

FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University

Partnerships in the Office of Policy Development and Research,

Department of Housing and Urban Development, 451 Seventh Street, S.W.,

Room 8110, Washington, DC 20410. Telephone number (202) 708-1537; TDD

Number (202) 708-1455. (These are not toll-free numbers.) Ms. Karadbil

can also be contacted via Internet at [email protected]

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this notice

have been approved by the Office of Management and Budget (OMB) under

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

3520), and assigned OMB control number 2535-0084.

I. Purpose and Substantive Description

Purpose

This program is designed to assist institutions of higher

education, on their own or with States and units of general local

government, to expand their role and effectiveness in addressing local

community development problems.

Objectives

The objective of this funding round is to nurture and sustain the

capacity of institutions of higher education to engage in local

community revitalization and community building activities. HUD seeks

to support entities that will have the capacity to undertake such

activities over the long term. Thus, HUD has decided to use this

funding round to support a small number of Centers for Community

Revitalization, rather than a larger number of small development

projects. These Centers can assist neighborhoods or entire localities.

They can be new or existing entities. Institutions will be expected to

show not only that they have demonstrated capacity to undertake

community development activities, but also that they currently have, or

can readily obtain, the capacity to implement a large-scale, multi-

phased, multi-year community revitalization agenda in concert with

their local communities. These agendas should both result in measurable

benefits to their communities and enable the Centers to build the

capacity they need to institutionalize their role in future local

community revitalization activities.

[[Page 17961]]

In addition, Seedco, a national nonprofit community development

support organization specializing in forging partnerships between urban

institutions (such as colleges, universities, and medical centers),

will make available a total of up to $2 million in low-interest rate

``gap'' financing for eligible community revitalization projects

undertaken in cooperation with the Centers funded under this NOFA.

A. Authority

This program is authorized under section 801(c)(2) of the Housing

and Community Development Act of 1992 (Pub. L. 102-550, approved

October 28, 1992), which amended section 107 of Title I of the Housing

and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) to add a

new category of special purpose grants. The program is governed by

regulations contained in 24 CFR 570.411.

B. Allocation Amounts and Form of Award

This notice announces HUD's intention to award up to $12 million

(from the FY 1994 and FY 1995 appropriations) to fund approximately

four to five Centers. The maximum amount awarded to any applicant will

be $3 million. Because of the multi-phase nature of the projects the

Centers will undertake, grant funds will be available until expended.

The loans made available through Seedco will be made after grant award

at a point when they are needed for development activities. In response

to this NOFA, an applicant should submit only a general description of

the Seedco loan requirements associated with the Center's project(s).

C. Eligibility

1. Eligible Applicants.

Under this funding round, only institutions of higher education

with demonstrated capacity to carry out eligible activities under Title

I may apply. Consortia of institutions of higher education are not

eligible to apply for this funding round. However, institutions are

encouraged to engage units of general local government to undertake

development activities. Institutions can use up to 20 percent of the

grant funds to establish and maintain Centers and assist localities in

planning projects. Institutions may also use the remaining part of the

grant for other CDBG eligible activities. However, they are encouraged

to involve their appropriate units of general local government by

making available to these governments as much of the funding as is

feasibly possible. Units of general local government can pass these

funds through to others, including community-based organizations. The

only entities eligible to receive the Seedco loans are nonprofit tax-

exempt community-based organizations undertaking development projects

in cooperation with the Centers.

Demonstrated capacity to carry out eligible activities means recent

satisfactory performance by the institution of higher education's staff

designated to work on the program, including subrecipients and

consultants firmly committed to work on the proposed activities, in

Title I programs or similar programs without the need for oversight by

a State or unit of general local government.

Institution of higher education means a college or university

granting 4-year degrees and accredited by a national or regional

accrediting agency recognized by the U.S. Department of Education.

2. Eligible Activities.

Activities that may be funded under this section are those eligible

under 24 CFR part 570--Community Development Block Grants, subpart C--

Eligible Activities. Activities may be designed to assist residents of

colonias, as defined in Section 916(d) of the Cranston-Gonzalez

National Affordable Housing Act (Pub. L. 101-625), to improve living

conditions and standards within colonias.

Applicants are expected to propose a large-scale, multi-phased,

multi-year strategy for addressing local community revitalization

needs. The strategy can focus on one neighborhood, several

neighborhoods, or the entire locality. The applicant may also choose to

assist more than one locality. In this case, activities are limited to

a central city and one contiguous jurisdiction. For example, an

applicant could work with its unit of general local government on

rebuilding a neighborhood, including housing rehabilitation, job

training, and education. An applicant could work with its local school

district on a multi-faceted approach involving all levels of the public

schools in order to prevent youths from dropping out of school. An

applicant could work with its central city and a contiguous suburb on

developing affordable housing. Or an applicant could work with several

localities to implement a strategic economic development plan for the

region. If any applicant proposes to work in multiple jurisdictions, it

must demonstrate the benefits to all jurisdictions involved. Because of

the size of these grants, applicants are expected to propose programs

which will have a measurable, substantive, and long-term impact on the

communities they assist. Applicants will also be expected to use these

programs as a vehicle for developing the capacity to sustain the Center

in conducting similar work over the long term.

For the Seedco loans, eligible activities include affordable

housing, business development or expansion, and economic development

projects including social services, health, education, and other

similar facilities.

While Seedco loans will be available for eligible activities,

applicants should understand that they are not required to develop

projects involving Seedco loans, nor will selection be based on the

inclusion or exclusion of such activities in an application.

Applicants must ensure that all project activities meet one of the

national objectives of the Community Development Block Grant program,

as described in 24 CFR 570.200. Applicants are also bound by the

statutory requirement that not more than 20 percent of the total grant

be spent on planning and administration. The 15 percent public service

limitation, applicable to units of general local government, is not

applicable to institutions of higher education who may, thus, choose to

spend any portion of the grant on public service activities.

The use of grant funds awarded under this NOFA to pay Seedco to

provide technical assistance or any other needed services will be an

ineligible activity. It should be noted that this restriction is

imposed solely to prevent any appearance of a conflict of interest,

since Seedco is a partner to HUD in this joint venture, and is not

intended to single out Seedco for any other reason.

3. Environmental Review

(a) General information. Joint community development planning and

institution building activities are not subject to environmental review

procedures, but proposed physical development must be reviewed for

environmental impact. Physical development includes acquisition,

rehabilitation, conversion, lease, repair, demolition or construction

of property. Since the application will identify general locations of

joint community development activities rather than specific sites to be

assisted, the environmental review procedures will not be conducted

until specific sites for physical development (if any) are identified

by the grant recipient. Any activities which require an environmental

review cannot be undertaken, nor any grant funds expended on these

activities, until such [[Page 17962]] reviews are completed. Grants

will be made conditional upon the performance of environmental review

and no grant funds for physical development of specific sites can be

drawn down until these reviews are completed. Applicants who anticipate

the use of the grant for physical development of specific sites are

encouraged to select hazard-free and problem-free properties for their

joint community development activities.

(b) Environmental assurance. Applications shall contain an

assurance that the applicant agrees to assist HUD to comply with the

environmental laws and authorities at 24 CFR part 50, and that the

applicant will (i) supply HUD with information necessary for HUD to

perform any necessary environmental review of each property; (ii) carry

out mitigating measures required by HUD or select alternate eligible

property; and (iii) not acquire, rehabilitate, convert or demolish,

lease, repair or construct or otherwise carry out any program

activities with respect to any eligible site or property, until HUD

environmental clearance for the site or property is received.

(c) Environmental procedures and standards. HUD shall determine

whether a NEPA environmental assessment is required. Also HUD shall

determine whether the proposed property triggers thresholds for the

applicable Federal environmental laws and authorities listed at 24 CFR

50.4 as follows:

(1) For minor rehabilitation of a building and any property

acquisition (including lease), Federal environmental laws and

authorities may apply when the property is: (i) Located within

designated coastal barriers; (ii) Contaminated by toxic chemicals or

radioactive materials; (iii) Located within a floodplain; (iv) A

building for which flood insurance protection is required; (v) Located

within a runway clear zone at a civil airport or within a clear zone or

accident potential zone at a military airfield; (vi) Listed on, or

eligible for listing on, the National Register of Historic Places;

located within, or adjacent to an historic district, or is a property

whose area of potential effects includes a historic district or

property;

(2) For major rehabilitation of a building and also for substantial

improvement in floodplains, in addition to paragraphs (c) (i) through

(vi) of this section, other Federal environmental laws and authorities

may apply when the property: (i) Has significant impact to the human

environment; (ii) Is a project involving five or more dwelling units

severely noise-impacted; (iii) Affects coastal zone management.

(3) For new construction, conversion or increase in dwelling unit

density, in addition to paragraphs (c)(1) (i) through (vi) and

paragraphs (c)(2) (i) through (iii) of this section, other Federal

environmental laws and authorities may apply when the property: (i) Is

located near hazardous industrial operations handling fuels or

chemicals of an explosive or flammable nature; (ii) Affects a sole

source aquifer; (iii) Affects endangered species; or (iv) Is located

within a designated wetland.

(d) Minor rehabilitation means proposed fixing and repairs: (i)

Whose estimated cost is less than 75 percent of the property value

after completion; (ii) That does not involve changes in land use from

residential to nonresidential, or from nonresidential to residential;

(iii) That does not involve the demolition of one or more buildings, or

parts of a building, containing the primary use served by the property;

and (iv) That does not increase unit density more than 20 percent.

(e) Responsibility for compliance. HUD shall conduct the

environmental review in accordance with 24 CFR part 50. Another

agency's environmental review--including a review prepared by a state,

local, or tribal government authorized under 24 CFR part 58--may be

adopted in cases where HUD has obtained such other review and confirmed

that the previous review covers the issues that require environmental

review under this 24 CFR 50.

II. Selection Process

A. General

Applications for funding under this NOFA will be evaluated

competitively, and points will be awarded as specified in the Selection

Factors section below. Seedco will serve as a technical advisor to HUD

in the application review process, reviewing applications and providing

advice to HUD on the feasibility of proposed development projects.

However, authority to select Joint CD grantees will rest solely with

HUD. After points have been assigned based on the factors, all

applications will be put in rank order. Applications will then be

funded in rank order until all funds have been exhausted. However, in

order to be funded, an application must receive a minimum score of 70.

HUD reserves the right to fund all or portions of the proposed

activities identified in each application, based on eligibility of the

proposed activities. If more than 50 percent of the amount requested in

the application is for ineligible activities, the application will not

be funded.

If two or more applications have the same number of points, the

application with the most points for selection factor (3),

``Institutionalization of the community building partnership,'' shall

be selected. If there is still a tie, the application with the most

points for selection factor (5) ``Match,'' shall be selected.

If the amount of funds remaining after funding as many of the

highest ranking applications as possible is insufficient for the next

highest ranking application, HUD shall determine (based upon the

proposed activities) if it is feasible to fund part of the application

and offer a smaller grant to the applicant. If HUD determines that

given the proposed activities a smaller grant amount would make the

activities infeasible, or if the applicant turns down the reduced grant

amount, HUD shall make the same determination for the next highest

ranking application until all applications with scores of at least 70

points or available funds have been exhausted.

If HUD receives an insufficient number of applications to award all

funds, or if funds remain after HUD selects all approvable

applications, HUD may negotiate increased amounts of grant awards.

Increased grants will be offered in rank order to applicants with

scores of at least 70 points.

B. Geographic Distribution

HUD reserves the right to make selections out of rank order to

provide for a geographic distribution of funded projects. If HUD

decides to implement this option, it will select at least one project

in each Federal Census Region.

C. Negotiations

HUD requires that all successful applicants participate in

negotiations to determine the specific terms of the Statement of Work

and grant budget (see IV.A.4). In cases where HUD cannot successfully

conclude negotiations, awards will not be made. In such instances, HUD

may elect to offer an award (in an amount not to exceed the amount of

remaining funds available for the competition) to the next highest

ranking applicant and proceed with negotiations as described above.

D. Optional Match

Although applicants are not required to provide a match in order to

qualify for funding, those that do will be at a competitive advantage

(see section II.E.5).

E. Selection Factors

HUD will use the following criteria to rate and rank applications

received in [[Page 17963]] response to this NOFA. The factors and

maximum points for each factor are provided below. The maximum number

of points is 100.

Rating of the ``applicant'' or the ``applicant's organization and

staff,'' unless otherwise specified, will include any subrecipients and

consultants which are firmly committed to the project.

1. Addressing the Objectives (Maximum Points: 25)

The extent to which the applicant addresses the objectives of this

program as stated in paragraph I above. Applicants must address how the

proposed activities will both revitalize some aspect of the

locality(ies) being assisted (e.g., for a pressing urban problem such

as housing, education, or crime prevention or for a neighborhood) while

at the same time building long-term institutional capacity for the

Center to undertake other community revitalization activities.

In rating this factor, the Department will consider:

a. The extent to which the applicant demonstrates that the proposed

activities and program will expand its role and effectiveness in

addressing community revitalization/development needs in the

locality(ies) being assisted. The applicant should explain its current

role in community revitalization and how that role would change and be

enhanced as a result of this grant. The applicant should also describe

the process or rationale used to determine that the activities selected

could best ensure this sustainability.

b. The extent to which the applicant demonstrates how the proposed

activities will make a substantial contribution to achieving local

community revitalization/development objectives. The applicant should

identify measurable results expected to be achieved from undertaking

the proposed activities.

c. The extent to which institutionalization of the proposed

functions at the college or university will occur.

d. The extent to which there is non-Federal (e.g., State and local

government, private sector, or foundation) interest in sustaining the

Center, e.g., in the form of pledges for future funding or

identification of future projects to be undertaken.

2. Impact of the Project (Maximum Points: 20)

The extent to which participation of the Center in these activities

strengthens the community revitalization activities of the

locality(ies) being assisted.

In rating this factor, the Department will consider the extent to

which the Center is innovative or defines a role for itself which does

not duplicate or substitute for the work of any other entity serving

the community.

3. Institutionalization of the Community Building Partnership (Maximum

Points: 10)

The extent to which the applicant demonstrates that the proposed

project will result in the institutionalization of a community building

partnership between the institution of higher education and the local

community.

In rating this factor, HUD will consider:

a. The extent to which the Center results in a formalization of a

long-term partnership with the unit of general local government,

including the extent to which funds will be made available to the unit

of general local government(s).

b. The extent to which the Center results in the creation or

continuance of a structure within the institution of higher education

to undertake community revitalization and community building

activities.

4. Management Approach (Maximum Points: 20)

The extent to which the applicant demonstrates that the proposed

management approach will enable the applicant to achieve the objectives

in section I.

In rating this factor, the Department will consider:

a. The extent to which the applicant's proposed management plan:

i. Clearly delineates staff responsibilities and accountability for

all work required;

ii. Clearly delineates a multi-phased agenda;

iii. Presents a work plan with a clear and feasible schedule for

conducting all project tasks; and

iv. Presents a reasonable and adequate planned budget as reflected

in the budget by task and supporting rationale and justification for

the budget.

b. The extent to which the institution, rather than sub-recipients,

is responsible for planning and administration.

5. Match (Maximum Points: 10)

The extent to which the applicant demonstrates the financial

feasibility of achieving the objectives, including the long-term

sustainability of the Center.

In rating this factor, the Department will consider the extent to

which the applicant demonstrates the commitment of matching funds,

staffing, services, and other in-kind resources to the project. Maximum

points will be awarded to applications that provide a match at least

equal to the grant request.

6. Capacity (Maximum Points: 15)

The extent to which the applicant demonstrates the capacity to

carry out satisfactorily the proposed activities in a timely fashion,

including successful performance in carrying out any prior HUD-assisted

projects or activities.

In considering this factor, the Department will consider:

a. The extent to which the applicant demonstrates how recent and

relevant the experiences of the staff proposed to undertake the project

are.

b. The extent to which the applicant demonstrates that its past and

current projects funded by HUD and/or other Federal or private sector

sources are or have been completed on schedule and have met or are

meeting the goals established for that funding.

c. The extent to which the capacity developed under this grant can

sustain the Center over the long term.

d. The extent to which the applicant demonstrates a commitment to

fair housing and equal opportunity, through activities such as support

for Minority/Women Owned Businesses or innovative fair housing

programs.

III. Application Process

A. Obtaining Applications

To obtain a copy of the application kit, contact: HUD USER, ATTN:

Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850. Requests

for application kits must be in writing, but requests may be faxed to:

301-251-5747 (this is not a toll-free number). Requests for application

kits must include the applicant's name, mailing address (including zip

code), telephone number (including area code) and must refer to

document ``FR-3870''. HUD strongly recommends the use of the fax

transmission option to promote accuracy and expedite HUD response time.

Application kits may be requested on or after April 26, 1995.

B. Application Deadline

To be considered for funding, the application package must be

physically received by the Office of University Partnerships, Office of

Policy Development and Research, U.S. Department of Housing and Urban

Development, in care of the Division of Budget, Contracts, and Program

Control, Room 8230, 451 Seventh Street, SW., Washington, DC 20410 by

4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to

this address will [[Page 17964]] not be accepted. The application

deadline is firm as to date, hour and place. 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.

IV. Checklist of Application Submission Requirements

A. Application Content

The application kit contains instructions which must be followed in

submitting an application. The following is a checklist of the

application contents that will be specified in the Request for Grant

Applications (the technical term for the application kit):

(1) Transmittal letter signed by the Chief Executive Officer of the

institution;

(2) OMB Standard Forms 424 (Application for Federal Assistance),

Form 424B (Non-Construction Assurances) and Budget Summary;

(3) Executive summary of the proposed project;

(4) Statement of Work (no more than 15 pages) which must describe

the community(ies) and, if appropriate, neighborhood(s) to be assisted

and the tasks or activities that will be undertaken with project funds.

(5) If the applicant proposes to work in more than one

jurisdiction, an explanation of the benefits to all jurisdictions

involved.

(6) Narrative summary of Project Management Work Plan, describing

the tasks, schedule, and staff needed to accomplish the project.

(7) A general description of the kinds of activities for which

Seedco assistance would be needed.

(8) Letters from the appropriate sources attesting to the provision

of any matching funds.

(9) Narrative statement addressing each of the rating factors in

Section II.E.

(10) Where there are any fair housing or civil rights issues, the

applicant should address them. The applicant should also address any

unresolved civil rights and/or equal opportunity issues that resulted

from findings or attempted resolutions with respect to agencies or

departments other than HUD, e.g., the Department of Education, the

Department of Labor, the Department of Health and Human Services, or

the Department of Agriculture, that are known or become known to the

applicant.

B. Certifications and Exhibits

Applications must also include the following documents. In the

absence of independent evidence which tends to challenge, in a

substantial manner, the certifications made by the applicant, the

required certifications will be accepted by HUD. However, if

independent evidence is available, HUD may require further information

or assurances to be submitted in order to determine whether the

applicant's certifications are satisfactory.

(1) Drug-Free Workplace Certification.

(2) Form SF-LLL, Disclosure of Lobbying Activities, if applicable.

(3) Form HUD-2280, Applicant/Recipient Disclosure/Update Report.

(4) A copy of the institution's most recent audit specifying that

the applicant's accounting system meets the requirements of OMB

Circulars A-21 and A-110 or a letter from the Chief Financial Officer

of the applicant's organization stipulating they are in compliance with

the requirements of OMB Circulars A-21 and A-110.

(5) A letter from the chief executive officer or resolution of the

governing body of the affected locality or localities in which the

activities are to be undertaken that the activities are not

inconsistent with the locality's Consolidated Plan (see 24 CFR part

91). If the activities will take place in more than one locality, a

letter or resolution from each locality should be submitted.

(6) A certification that the citizens likely to be affected by the

project, regardless of race, color, creed, sex, national origin,

familial status, or handicap, have been provided an opportunity to

comment on the proposal or application.

V. Corrections to Deficient Applications

After the submission deadline date, HUD will screen each

application to determine whether it is complete. If an application

lacks certain technical items or contains a technical error, such as an

incorrect signatory, HUD will notify the applicant in writing that it

has 14 calendar days from the date of HUD's written notification to

cure the technical deficiency. If the applicant fails to submit the

missing material within the 14-day cure period, HUD will disqualify the

application.

This 14-day cure period applies only to non-substantive

deficiencies or errors. Any deficiency capable of cure will involve

only items not necessary for HUD to assess the merits of an application

against the factors specified in this NOFA.

VI. Other Matters

A. Environmental Impact

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations at 24 CFR part 50,

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

Act of 1969 (42 USC 4332). The Finding is available for public

inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of

the Rules Docket Clerk, Office of the General Counsel, Department of

Housing and Urban Development, Room 10276, 451 Seventh Street, SW.,

Washington, DC 20410.

B. Federalism Impact

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

of Executive Order 12612, Federalism, has determined that the policies

and procedures contained in this notice will not have substantial

direct effects 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 the various levels of

government. As a result, the notice is not subject to review under the

Order. Specifically, the notice solicits participation in an effort to

provide assistance to institutions of higher education to expand their

role in addressing community development needs in their localities and

does not impinge upon the relationships between the Federal government

and State or local governments.

C. Impact on the Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this notice will likely

have a beneficial impact on family formation, maintenance, and general

well-being. The assistance to be provided by the funding under this

NOFA is expected to help local residents to become self-sufficient by

improving living conditions and standards. Accordingly, since the

impact on the family is beneficial, no further review is considered

necessary.

D. Documentation and Public Access Requirements: HUD Reform Act

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

[[Page 17965]] 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 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.)

E. Prohibition Against Advance Information on Funding Decisions

HUD's regulation implementing section 103 of the HUD Reform Act was

published on May 13, 1991 (56 FR 22088) and became effective on June

12, 1991. That regulation, codified as 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 restrained by part 4 from providing

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

HUD) concerning funding decisions, or from otherwise giving any

applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under 24 CFR part 4.

Applicants who have questions should contact the HUD Office of

Ethics (202) 708-3815. (This is not a toll-free number.) The Office of

Ethics can provide information of a general nature to HUD employees, as

well. However, a HUD employee who has specific program questions, such

as whether particular subject matter can be discussed with persons

outside the Department, should contact his or her field Counsel, or

Headquarters counsel for the program to which the question pertains.

F. Prohibition Against Lobbying of HUD Personnel

Section 13 of the Department of Housing and Urban Development Act

(42 U.S.C. 3537b) 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 the Department

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). The final rule is codified at

24 CFR part 86. If readers are involved in any efforts to influence the

Department in these ways, they are urged to read part 86, particularly

the examples contained in Appendix A of the regulation.

Any questions about the rule should be directed to the Office of

Ethics, Room 2158, Department of Housing and Urban Development, 451

Seventh Street, SW., Washington, DC 20410-3000. Telephone: (202) 708-

3815 TDD: (202) 708-1112. These are not toll-free numbers. Forms

necessary for compliance with the rule may be obtained from the local

HUD office.

G. 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) 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.

Authority: Section 107 of Title I, Housing and Community

Development Act of 1974 (42 U.S.C. 5301 et seq.; section 801(c)(2)

of the Housing and Community Development Act of 1990 (Pub. L. 102-

550, approved October 28, 1992).

Dated: March 30, 1995.

Michael A. Stegman,

Assistant Secretary for Policy Development and Research

[FR Doc. 95-8548 Filed 4-6-95; 8:45 am]

BILLING CODE 4210-62-P