Office of the Assistant Secretary for Public and Indian Housing; Community Development Block Grant Program for Indian Tribes and Alaska Native Villages; Fiscal Year 1996; Notice of Funding Availability

Federal RegisterMay 9, 1996

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SUMMARY: This Notice of Funding Availability (NOFA) announces HUD's

funding for the Community Development Block Grant Program for Indian

Tribes and Alaska Native Villages (hereafter referred to as the ICDBG

Program) for Fiscal Year 1996. In the body of this document is

information concerning the following:

(a) The purpose of the NOFA and information regarding eligibility

and available amounts;

(b) A list of steps involved and a checklist of the exhibits

required in the application process, including where and how to apply

and what to submit;

selection process and the selection criteria.

DATE: Applications must be received by the appropriate Area ONAP of the

HUD Office of Native American Programs (ONAP) no later than 3:00 p.m.

July 23, 1996.

Application materials will be available from each Area ONAP.

General program questions may be directed to the Area ONAP serving your

area or by contacting Robert Barth, Office of Native American Programs,

Office of Public and Indian Housing, Department of Housing and Urban

Development, P.O. Box 36003, 450 Golden Gate Ave. San Francisco, CA

94102. Telephone (415) 436-8121. The TTY number is (415) 436-6594.

(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Requirements

The information collection requirements contained in this Notice

have been approved by the Office of Management and Budget in accordance

with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and

assigned OMB control number 2577-0191. An agency may not conduct or

sponsor, and a person is not required to respond to, a collection of

information unless the collection displays a valid control number.

Table of Contents

I. Purpose and Substantive Description

(a) Authority

(b) HUD Reform Act--Documentation, Access, and Disclosure

(d) Eligible Activities

(e) Applicant Eligibility

II. Application Process and Submission Requirements

(a) Application Process

(b) Application Submission Requirements and Checklist

III. Application Screening and Review Process

(a) Screening for Acceptance

(b) Application Review Process

IV. General Threshold Requirements and Definitions

(a) General Threshold Requirements

1. Applicant-Specific Thresholds--Capacity and Performance

A. Capacity

B. Performance

2. Community Development Appropriateness

(b) Definitions

V. Project Specific Thresholds and Selection Criteria

(a) Summary of Selection Criteria and Point Awards

(b) Project Specific Thresholds and Selection Criteria

1. HOUSING Category Projects

A. Threshold for All Housing Category Projects

B. Rehabilitation

(1) Thresholds

(2) Grant Limits

(3) Selection Criteria

C. Land to Support New Housing

(1) Thresholds

(2) Selection Criteria

D. New Housing Construction

(1) Thresholds

(2) Selection Criteria

2. COMMUNITY FACILITIES

A. Infrastructure

(1) Selection Criteria

B. Buildings

(1) Thresholds

(2) Selection Criteria

3. ECONOMIC DEVELOPMENT

A. Thresholds

B. Selection Criteria

VI. Procedural Error and Appeals

VII. Other Matters

(a) Environmental Statement

(b) Recipient Compliance with Environmental Requirements

(d) Family Executive Order

(e) Prohibition of Advance Disclosure of Funding Decisions. (f)

Economic Opportunities for Low and Very Low Income Persons

I. Purpose and Substantive Description

(a) Authority. Title I, Housing and Community Development Act of

1974, as amended (42 U.S.C. 5301 et seq.); sec. 7(d) of the Department

of Housing and Urban Development Act (42 U.S.C. 3535(d)); 24 CFR Part

953.

(b) HUD Reform Act--Documentation, Access, and Disclosure

1. Documentation and public access requirements. 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

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 documentation and public access

requirements.)

2. 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 part 12 subpart C, and the

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

1942], for further information on these disclosure requirements.)

Development Act of 1974 have required that the allocation for Indian

Tribes be awarded on a competitive basis in accordance with selection

criteria contained in a regulation promulgated by the Secretary after

notice and public comment. All grant funds awarded in accordance with

this NOFA are subject to the requirements of 24 CFR part 953.

This notice announces the availability of $50,000,000.

1. Allocations. The requirements for allocating funds to Area ONAPs

responsible for program administration are found at 24 CFR 953.101.

Following these requirements, the allocations for FY 1996 are as

follows:

Eastern/Woodlands....................................... $3,876,700

[[Page 21339]]

Southern Plains......................................... 9,174,300

Northern Plains......................................... 7,738,100

Southwest............................................... 21,111,100

Northwest............................................... 2,956,500

Alaska.................................................. 4,143,300

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

Total............................................... 49,000,000

As indicated in Section I(b)3 below, $1,000,000 will be retained to

fund imminent threat grants.

2. Grant Ceilings. The authority to establish grant ceilings is

found at 24 CFR 953.100(b)(1). Grant ceilings are established for FY

1996 funding at the following levels:

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

Area ONAPs Population Ceiling

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

Eastern/Woodlands................ All $300,000

Southern Plains.................. All 750,000

Northern Plains.................. All 800,000

Southwest........................ 50,001+ 5,000,000

10,501-50,000 2,500,000

9,001-10,500 2,000,000

7,501-9,000 1,500,000

6,001-7,500 1,000,000

4,501-6,000 750,000

3,001-4,500 650,000

1,501-3,000 550,000

1-1,500 450,000

Northwest........................ All 320,000

Alaska........................... All 500,000

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

3. Imminent Threats. The criteria for grants to alleviate or remove

imminent threats to health or safety that require an immediate solution

are described at 24 CFR part 953, subpart E. In accordance with the

provisions of that subpart, $1,000,000 will be retained to meet the

funding needs of imminent threat applications submitted to any of the

Area ONAPs. The grant ceiling for imminent threat applications for FY

1996 is $350,000. This ceiling is established pursuant to the

provisions of Sec. 953.400(c).

If, in response to a request for assistance, an Area ONAP issues a

letter to proceed under the authority of Sec. 953.401(a), an

application must be submitted to and approved by the Area ONAP before a

grant agreement may be executed. This application must consist of the

following components:

--Standard Form 424--Application for Federal Assistance

--Brief description of the proposed project

--Form HUD-4123--Cost Summary

--Form HUD-4125--Implementation Schedule

--Form HUD-2880--Applicant/Recipient Disclosure/Update Report

--Form HUD-4126--Certifications

--Drug-free workplace certification (24 CFR part 24, Appendix C).

(d) Eligible Activities. Activities that are eligible for ICDBG

funds are identified at 24 CFR part 953 subpart C.

(e) Applicant Eligibility. To apply for funding in a given fiscal

year, an applicant must be eligible as an Indian Tribe or Alaska Native

Village (or as a tribal organization) by the application submission

date.

Tribal organizations are permitted to submit applications under 24

CFR 953.5(b) on behalf of eligible tribes or villages when one or more

eligible tribe(s) or village(s) authorize the organization to do so

under concurring resolutions. As is stated in this regulatory section,

the tribal organization must itself be eligible under Title I of the

Indian Self-Determination and Education Assistance Act.

If a tribe or tribal organization claims that it is a successor to

an eligible entity, the Area ONAP must review the documentation to

determine whether it is in fact the successor entity.

Due to the unique structure of tribal entities eligible to submit

ICDBG applications in Alaska, and as only one ICDBG application may be

submitted for each area within the jurisdiction of an entity eligible

under 24 CFR 953.5, a Tribal Organization which submits an application

for activities in the jurisdiction of one or more eligible tribes or

villages must include a concurring resolution from each such tribe or

village authorizing the submittal of the application. Each such

resolution must also indicate that the tribe or village does not itself

intend to submit an ICDBG application for that funding round. The

hierarchy for funding priority continues to be the IRA Council, the

Traditional Village Council, the Village Corporation and the Regional

Corporation.

On February 16, 1995, the Bureau of Indian Affairs (BIA) published

a Federal Register Notice entitled ``Indian Entities Recognized and

Eligible to Receive Services From the United States Bureau of Indian

Affairs.'' This Notice provides a listing of Indian Tribal Entities in

Alaska found to be Indian Tribes as the term is defined and used in 25

CFR 83. Additionally, pursuant to Title I of the Indian Self

Determination and Education Assistance Act, ANCSA Village Corporations

and Regional Corporations are also considered tribes and therefore

eligible applicants for the ICDBG program.

Any questions regarding eligibility determinations and related

documentation requirements for entities in Alaska should be referred to

the Alaska Area ONAP prior to the deadline for submitting an

application. (See 24 CFR 953.5 for a complete description of eligible

applicants.)

II. Application Process and Submission Requirements

(a) Application Process

1. An application package may be obtained from the Area ONAP in the

following geographic locations:

Eastern/Woodlands Office of Native American Programs, Community

Development and Tribal Relations (CD & TR) Staff, 77 West Jackson

Blvd., Chicago, Illinois 60604; Telephone: (312) 886-6488 (all States

east of the Mississippi River, plus Iowa and Minnesota)

Southern Plains Office of Native American Programs, CD & TR Staff,

Suite 400, 500 W. Main Street, Oklahoma City, OK 73102-3202; Telephone:

(405) 553-7525. (Louisiana, Kansas, Oklahoma, and Texas, except West

Texas)

Northern Plains Office of Native American Programs, CD & TR Staff,

First Interstate Tower North, 833 17th Street, Denver, CO 80202-3607;

Telephone: (303) 672-5457 (Colorado, Montana, Nebraska, North Dakota,

South Dakota, Utah and Wyoming)

Southwest Office of Native American Programs, CD & TR Staff, Two

Arizona Center, Suite 1650, 400 N. Fifth Street, Phoenix, Arizona

85004-2361; Telephone: (602) 379-4197 (Arizona and Southern California)

Southwest Office of Native American Programs, CD & TR Staff, San

Francisco Team Philip Burton Federal Bldg. and U.S. Courthouse, 450

Golden Gate Ave., P.O. Box 36003, San Francisco, CA 94102-3448;

Telephone: (415) 436-8121 (Northern California and Nevada)

Southwest Office of Native American Programs, CD & TR Specialist,

Albuquerque Plaza, 201 3rd Street N.W., Suite 1830, Albuquerque, NM

87102-3368; Telephone: (505) 766-1372 (New Mexico and West Texas)

Northwest Office of Native American Programs, CD & TR Staff, Federal

Office Building, 909 First Avenue, Suite 200, Seattle, WA 98104-1000;

Telephone: (206) 220-5271 (Idaho, Oregon, Washington)

Alaska Office of Native American Programs, CD & TR Staff, 949 E. 36th

Avenue, Suite 401, Anchorage, AK 99508-4135; Telephone: (907) 271-4603

(Alaska)

2. Completed applications must be submitted to the appropriate Area

ONAP, listed above, from which application information and packages

were obtained. The TTY number is (202)

[[Page 21340]]

708-9300. (This is not a toll-free number.)

3. Applications must be received by the appropriate Area ONAP no

later than 3:00 P.M. on the deadline date, July 23, 1996.

(b) Application Submission Requirements and Checklist

1. General. An applicant shall submit only one application. The

ICDBG grant amount requested shall not total more than the grant

ceiling. An application may include an unlimited number of eligible

projects, e.g., housing or public facilities. Each project within an

application will be rated separately.

2. Demographic data. Applicants may submit data that are

unpublished and not generally available in order to meet the

requirements of this section. The applicant must certify that:

A. Generally available, published data are substantially inaccurate

or incomplete;

B. Data provided have been collected systematically and are

statistically reliable;

C. Data are, to the greatest extent feasible, independently

verifiable; and

D. Data differentiate between reservation and BIA service area

populations, when applicable.

3. Publication of community development statement. Applicants shall

prepare and publish or post the community development statement portion

of their application according to the citizen participation

requirements of Sec. 953.604.

4. Application Submission. The application shall include:

A. Standard Form 424--Application for Federal Assistance;

B. Community Development Statement which includes:

(1) Components that address the relevant selection criteria;

(2) A brief description or an updated description of community

development needs;

(3) A brief description of projects proposed to address needs,

including scope, magnitude, and method of implementing the project.

(4) A schedule for implementing the project (form HUD-4125

Implementation Schedule);

(5) Cost information for each separate project, including specific

activity costs, administration, planning, and technical assistance,

total HUD share (form HUD-4123 Cost Summary);

C. Certifications--form HUD 4126;

D. Drug-free Workplace Certification (24 CFR part 24, Appendix C);

E. Applicant/Recipient Disclosure/Update Report--form HUD 2880, as

required under subpart C of 24 CFR part 12, Accountability in the

Provision of HUD Assistance;

F. A map showing project location, if appropriate;

G. If the proposed project will result in displacement or temporary

relocation, a statement that identifies:

(1) The number of persons (families, individuals, businesses and

nonprofit organizations) occupying the property on the date of the

submission of the application (or date of initial site control, if

later);

(2) The number to be displaced or temporarily relocated;

(3) The estimated cost of relocation payments and other services;

(4) The source of funds for relocation; and,

(5) The organization that will carry out the relocation activities;

H. If applicable, evidence of the disclosure required by 24 CFR

953.606(e).

III. Application Screening and Review Process

(a) Screening for Acceptance. Each Area ONAP will screen

applications for single purpose grants. Applications failing this

screening shall be rejected and returned to the applicants unrated.

Area ONAPs will accept applications if all the criteria listed below as

items 1. through 6. are met:

1. The application is received by the appropriate Area ONAP no

later than 3:00 P.M. on the deadline date;

2. The applicant is eligible;

3. The proposed activities are eligible;

4. The application contains substantially all the components

specified in Section II(b)(4) of this notice;

5. At least 70% of the grant funds are to be used for activities

that benefit low and moderate income persons, in accordance with the

requirements of Sec. 953.201(a); and,

6. The application is for an amount which does not exceed the grant

ceilings that are established by the NOFA.

(b) Application Review Process.

1. Threshold review. The Area ONAP will review each application

that passes the screening process to ensure that each applicant and

each proposed project meets the applicable threshold requirements set

forth in 24 CFR 953.302, as implemented by this NOFA. If an applicant

fails to meet any of the applicant-specific thresholds, its application

cannot be accepted for rating and ranking. Project(s) that do not meet

the community development appropriateness or applicable project-

specific thresholds will not be considered for funding.

2. All projects that meet the acceptance criteria and threshold

requirements will be reviewed and rated by an Area ONAP rating team of

at least three voting members. The Area ONAP will examine each project

to determine in which one of the rating categories set forth in 24 CFR

953.305 the project most appropriately belongs. The project will be

rated on the basis of the criteria identified in the rating category

component to which the project has been assigned. The total points for

a rating component are 100, which is the maximum any project can

receive.

3. Public service projects. Due to the statutory 15 percent cap on

public services activities, applicants may not receive single purpose

grants solely to fund public services activities. However, any

application may contain a public services component for up to 15

percent of the total grant. This component may be unrelated to the

other project(s) included in the application. If an application does

not receive full funding, the public services allocation will be

proportionately reduced to comprise no more than 15 percent of the

total grant award.

4. Corrections to deficient applications and supplemental

information. The Area ONAP will not accept unsolicited information

regarding the application after the application deadline has passed.

The Area ONAP will notify applicants in writing of technical

deficiencies in applications and permit them to be corrected. A

technical deficiency is an error or oversight which, if corrected,

would not alter, in either a positive or negative fashion, the review

and rating of the application. Examples of technical deficiencies would

be a failure to submit proper certifications or failure to submit an

application containing an original signature by an authorized official.

The Area ONAP also may, at its discretion, request supplemental

information to resolve inconsistencies or ambiguities in the

application or information that may help clarify an application that,

in the Area ONAP's view, contains information that is inconsistent with

known facts or data.

Applicants will have 14 calendar days from the date of HUD's

correspondence to reply and correct the technical deficiency or provide

the requested supplemental information. If the technical deficiency is

not corrected within this time period, the Area ONAP will reject the

application as incomplete. If the supplemental information is not

provided in this time period and, as a consequence, the Area ONAP

determines that the applicant has failed to establish compliance with

the requirements of 24 CFR 953, the application will be returned,

unrated.

[[Page 21341]]

No information submitted after the application due date can enhance

a project's rating, and a new project may not be substituted for one

included in the application.

5. Final ranking. All projects will be ranked against each other

according to the point totals they receive, regardless of the rating

category or component under which the points were awarded. Projects

will be selected for funding based on this final ranking, to the extent

that funds are available. Individual grant amounts will be determined

in a manner consistent with the considerations set forth in 24 CFR

953.100(b)(2).

If the Area ONAP determines that an insufficient amount of money is

available to adequately fund a project, it may decline to fund that

project and fund the next highest ranking project or projects for which

adequate funds are available. The Area ONAP may select, in rank order,

additional projects for funding if one of the higher ranking projects

is not funded, or if additional funds become available.

6. Tiebreakers. When rating results in a tie among projects and

insufficient resources remain to fund all tied projects, Area ONAPs

shall approve projects that can be fully funded over those that cannot

be fully funded. When that does not resolve the tie, the following

factors will be used in the order listed to resolve the tie:

A. Eastern/Woodlands Office

(1) The applicant with the fewest active grants.

(2) The applicant that has not received an ICDBG grant over the

longest period of time.

(3) The project that would benefit the highest percentage of low

and moderate income persons.

B. Southern Plains Office

(1) The applicant that has not received an ICDBG grant over the

longest period of time over the last 8 years.

(2) The applicant with the fewest active grants.

(3) The project that would benefit the highest percentage of low

and moderate income persons.

C. Northern Plains and Southwest Offices

(1) The applicant that has not received an ICDBG grant over the

longest period of time.

(2) The applicant with the fewest active grants.

(3) The project that would benefit the highest percentage of low

and moderate income persons.

D. Northwest Office

(1) The applicant that has not received an ICDBG grant over the

longest period of time.

(2) The applicant that has received the fewest ICDBG dollars since

the inception of the program.

(3) The project that would benefit the highest percentage of low

and moderate income persons.

E. Alaska Office

(1) The applicant that has not received an ICDBG grant over the

longest period of time.

(2) The project that would benefit the highest percentage of low

and moderate income persons.

(3) The project that would benefit the most low and moderate income

persons.

1. Successful applicants may be required to provide supporting

documentation concerning the management, maintenance, operation, or

financing of proposed projects before a grant agreement can be

executed. Applicants will normally be given no less than thirty (30)

calendar days to respond to such requirements. In the event that no

response or an insufficient response is made within the prescribed time

period, the Area ONAP may determine that the applicant has not met the

requirements and the grant offer may be withdrawn. The Area ONAPs shall

require supporting documentation in those instances where:

A. Specific questions remain concerning the scope, magnitude,

timing, or method of implementing the project; or

B. The applicant has not provided information verifying the

commitment of other resources required to complete, operate, or

maintain the proposed project.

2. New projects may not be substituted for those originally

proposed in the application.

3. If the required conditions are not met within the prescribed

time, HUD may unilaterally rescind the grant award.

4. Grant amounts allocated for applicants unable to meet pre-award

requirements will be awarded in accordance with Part V. of this NOFA.

IV. General Threshold Requirements and Definitions

(a) General Thresholds. Two types of general thresholds are set

forth in 24 CFR 953.301(a): those that relate to applicants, and those

that address the overall community development appropriateness of the

project(s) included in the application. Project-specific thresholds

will be addressed within the pertinent project selection criteria

categories in section V(b) below.

Applicant thresholds focus on the administrative capacity of the

applicant to undertake the proposed project, on its past performance in

the ICDBG program, and in its provision of housing assistance to low

and moderate income tribal members. In order to rate and rank a project

contained in an application that has passed the screening tests

outlined in Section III of this NOFA, Area ONAPs must determine that

the proposed project meets the community development appropriateness

thresholds, i.e., the project has costs that are reasonable; the

project is appropriate for the intended use; and the project is usable

or achievable in a timely manner, generally within two years of grant

award.

1. Applicant-Specific Thresholds--Capacity and Performance

A. Capacity. The Area ONAP will assume, absent evidence to the

contrary, that the applicant possesses, or can obtain the managerial,

technical or administrative capability necessary to carry out the

proposed project. The application should address who will administer

the project and how the applicant plans to handle the technical aspects

of executing the project. If the Area ONAP determines, based on

substantial evidence, that the applicant does not have or cannot obtain

the capacity to undertake the proposed project, the application will

not receive further consideration.

B. Performance.

(1) Community development. If an applicant has previously

participated in the ICDBG Program, the Area ONAP shall determine

whether the applicant has performed adequately in grant administration

and management. The applicant is presumed to be performing adequately

unless the Area ONAP makes a performance determination to the contrary

during periodic evaluations. Where an applicant was found to be

performing inadequately, the Area ONAP shall determine whether the

applicant has corrected the deficiency or is following a schedule to

correct performance to which the applicant and the Area ONAP have

agreed. In cases of previously documented deficient performance, the

Area ONAP must determine that the applicant has taken appropriate

corrective action to improve its performance prior to the application

due date. The Area ONAP will inform in writing any potential applicant

which has been determined not to meet this performance threshold no

later than 30

[[Page 21342]]

days prior to the application due date. If the performance threshold is

not met as of the application submission deadline, an application will

not be accepted for rating and ranking.

(2) Housing assistance. The applicant is presumed not to have taken

actions to impede the provision of housing assistance for low and

moderate income members of the tribe or village. Any action taken by

the applicant to prevent or obstruct the provision or operation of

assisted housing for low and moderate income persons shall be evaluated

in terms of whether it constitutes inadequate performance by the

applicant. If an applicant has established or joined an Indian Housing

Authority (IHA), and this IHA has obtained housing assistance from HUD,

the applicant's compliance with the obligations and responsibilities to

the IHA set forth in the tribal ordinance which was the basis for the

establishment or joining of the IHA will be a performance

consideration.

An applicant will not be held accountable for the poor performance

of its IHA unless this inadequate performance is found to be a direct

result of the applicant's action or inaction. If this is true, the

application will be removed from further consideration. Applicants

which are members of ``umbrella'' IHAs will be judged only on their

individual performance and will not be held accountable for the poor

performance of other tribes that are members of the IHA.

If an applicant has received ICDBG funds for the provision of new

housing through a subrecipient, the Area ONAP will consider the

following in making its determination regarding housing assistance

performance:

a. Whether the proposed units were constructed;

b. Whether housing assistance was provided to the beneficiaries

identified in the funded application, and if not, why not;

c. Whether the applicant followed the provisions of its housing

plan and procedures; and,

d. Whether there were sustained complaints from tribal members

regarding provision and/or distribution of ICDBG housing assistance.

The Area ONAP will inform in writing any potential applicant which

has been determined not to meet the housing assistance performance

threshold no later than 30 days prior to the application deadline.

(3) Audits. This threshold requires the applicant to meet the

following performance criteria:

a. The applicant cannot have an outstanding ICDBG obligation to HUD

or a ICDBG program that is in arrears, or it must have agreed to a

repayment schedule. An applicant that has an outstanding ICDBG

obligation that is in arrears, or one that has not agreed to a

repayment schedule, will be disqualified from the current competition

and from subsequent competitions until the obligations are current. If

a grantee that was current at the time of application submission

becomes delinquent during the review period, the application may be

rejected.

b. The applicant cannot have an overdue or unsatisfactory response

to an audit finding. If there is an overdue or unsatisfactory response

to an audit finding, the applicant will be disqualified from current

and subsequent competition until the applicant has taken final action

necessary to close the audit finding. The Area ONAP administrator may

provide exceptions to this disqualification in cases where the

applicant has made a good faith effort to clear the audit finding. An

exception may be granted when funds are due HUD or an ICDBG program as

a result of a finding only when a satisfactory arrangement for

repayment of the debt has been made and payments are current.

2. Community Development Appropriateness. The following criteria

must be met by each project:

A. Costs are reasonable. The project must be described in

sufficient detail so that the Area ONAP can determine:

(1) That costs are reasonable; and,

(2) That the funds requested from the ICDBG program and all other

sources are adequate to complete the proposed activity(ies) described

in the application;

B. The project is appropriate for the intended use; and,

C. The project is usable or achievable in a timely manner,

generally within a two year period. The timetable for project

implementation and completion must be set forth on the form HUD 4125--

Implementation Schedule included in the application. A period of more

than two years is acceptable in certain circumstances, if it is

established that such circumstances are beyond the applicant's control.

(b) General Definitions.

Adopt. To approve by formal tribal resolution.

Assure. To comply with a specific NOFA requirement. The applicant

should state its compliance or its intent to comply in its application.

Document. To supply supporting written information and/or data in

the application which satisfies the NOFA requirement.

Leverage. Resources the grantee will use in conjunction with ICDBG

funds to achieve the objectives of the project. Resources include, but

are not limited to: tribal trust funds, loans from individuals or

organizations, state or Federal loans or guarantees, other grants, as

well as noncash contributions and donated services.

Documentation requirements for point award. For the applicant's own

resources, a council resolution which identifies and commits the

resources must be included in the application. For resources to be

provided by another entity, written verification of an application or

request for the leveraged resources must be included in the

application. In addition, for grants or other contributed resources

from a public agency, foundation, or other private party, a written

commitment which may be contingent on approval of the ICDBG award must

be received by the Area ONAP no later than 30 days after the

application deadline. This commitment must specifically identify or

indicate: the dollar amount committed (or dollar value of the noncash

resource and the basis for the valuation); that the resources are

currently available or will be available when necessary for successful

project implementation; and, the project.

If the nature of the funding cycle of the contributing entity

precludes such an entity from making a firm funding commitment in this

timeframe, such resources will be considered in the award of points if

the entity provides a written statement indicating that the application

or request for assistance has been received from the ICDBG applicant

and stating the date by which its funding determination will be made;

this date cannot be more than six months from the anticipated date of

grant approval notification by HUD. (If the proposed project rates high

enough for funding consideration, a special condition will be

established in the grant agreement for the project.)

This condition will indicate that if a firm funding commitment for

the leveraged resources is not provided within six months of the date

of grant approval, the grant funds approved will be recaptured by HUD

and will be used in accordance with the requirements of Sec. 953.102.

This statement must be received by the Area ONAP no later than 30 days

after the application deadline. If the commitment or statement is not

received in the required timeframe or if the required information is

not included, points will not be awarded for the proposed contribution.

[[Page 21343]]

If the proposed project still rates high enough to be approved, a

pre-award condition will be established which will require the

applicant to provide evidence of firmly committed resources to cover

the entire non-ICDBG project cost. If this condition is not met, the

grant will not be awarded.

In addition to the above requirements for point award, special

documentation must be included in the application for certain

contributions. The contribution of goods and services will be

considered for point award if the applicable requirements listed above

are met; if the items or services are demonstrated and determined

necessary to the actual development of the project; and comparable cost

and/or time estimates are submitted which support the donation.

To be considered for point award land to be contributed will only

be considered when its use and area are integral to the development of

the project. In addition, the value of the land must be verified by any

of the following means or methods and this documentation must be

included in the application:

--A site specific appraisal no more than two years old;

--An appraisal of a near-by comparable site also no more than two years

old;

--A reasonable extrapolation of land value based on current area

realtors value guides.

Project Cost. The total cost to implement the project. Project cost

includes both ICDBG and non ICDBG funds and resources.

Section 8 standards. Housing quality standards contained in the

Section 8 Tenant-Based Assistance: Unified Rule for Tenant-Based

Assistance Under the Section 8 Rental Certificate Program and the

Section 8 Rental Voucher Program (24 CFR 982.401).

Standard Housing/Standard Condition. Housing which meets the

housing quality standards (HQS) adopted by the applicant. The adopted

standards must provide for the following:

--That the house is safe, in a physically sound condition with all

systems performing their intended design functions;

--A livable home environment;

--An energy efficient building and systems which incorporate energy

conservation measures;

--Adequate space and privacy for all intended household members.

The HQS adopted by the applicant must be at least as stringent as

the Section 8 standards unless the Area ONAP approves less stringent

standards based on a determination that local conditions make the use

of Section 8 standards infeasible. Applicants may submit their request

for the approval of standards less stringent than Section 8 standards

prior to the application due date. If the request is submitted with the

application, applicants should not assume automatic approval by the

Area ONAP.

Tribe. Indian Tribe, band, group or nation, including Alaska

Indians, Aleuts, Eskimos, Alaska Native Villages, ANCSA Village

Corporations and Regional Corporations.

V. Project Specific Thresholds and Selection Criteria

(a) Summary of Selection System Criteria and Point Awards

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

Maximum

points

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

1. Housing: ...........

A. Rehabilitation: ...........

(1) Project Need and Design: ...........

a. Percent of funds for standard rehab............... 20

b. Applicant's selection criteria.................... 10

c. Housing survey.................................... 15

(2) Planning and Implementation: ...........

a. Rehabilitation policies: ...........

(i) Rehabilitation standards....................... 5

(ii) Selection criteria............................ 10

(iii) Project implementation policies and

procedures........................................ 10

b. Post rehab maintenance 5

c. Cost estimates 15

d. Cost effectiveness 5

(3) Leveraging 5

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

Total points....................................... 100

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

B. Land to Support New Housing: ...........

(1) Project Need....................................... 40

(2) Planning and Implementation: ...........

a. Suitability of the land........................... 20

b. Housing resources................................. 10

c. Supportive services............................... 5

d. Commitment of households.......................... 5

e. Land to trust status.............................. 5

f. Infrastructure commitment......................... 10

g. Land meets need and is reasonably priced.......... 5

Total points....................................... 100

C. New Housing Construction: ...........

1. Project Need and Design: ...........

a. IHA member/assistance............................. 15

b. Housing policies and plan......................... 20

c. Beneficiary identification........................ 10

2. Planning and Implementation:

a. Occupancy standards............................... 10

b. Site acceptability................................ 15

c. Energy conservation design........................ 5

d. Housing survey.................................... 10

[[Page 21344]]

e. Cost effectiveness................................ 5

3. Leveraging.......................................... 10

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

Total points....................................... 100

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

2. Community Facilities: ...........

A. Infrastructure: ...........

(1) Project Need and Design: ...........

a. Meets an essential need........................... 20

b. Benefits the neediest............................. 15

c. Provides infrastructure/health and safety......... 25

(2) Planning and Implementation: ...........

a. Maintenance and operation plan.................... 15

b. Appropriate and effective design scale and cost... 15

(3) Leveraging 10

Total points....................................... 100

B. Buildings: ...........

(1) Project Need and Design: ...........

a. Meets an essential need........................... 20

b. Benefits the neediest............................. 10

c. Provides building/health and safety............... 25

d. Multi-use/multi-benefit........................... 5

(2) Planning and Implementation: ...........

a. Maintenance and operation plan.................... 15

b. Appropriate and effective design scale and cost... 15

(3) Leveraging 10

Total points....................................... 100

C. Economic Development: ...........

(1) Organization....................................... 8

(2) Project Success: ...........

a. Market analysis................................... 15

b. Management capacity............................... 15

c. Financial analysis................................ 15

(3) Leveraging......................................... 12

(4) Jobs: ...........

a. ICDBG cost/job.................................... 15

b. Quality of jobs/training.......................... 5

(5) Additional considerations: 15

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

Total points....................................... 100

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

(b) Project Specific Thresholds and Selection Criteria

1. Housing Category Projects

A. Specific threshold for housing category projects.

The applicant shall provide an assurance that households that have

been evicted from HUD assisted housing within the past five years will

not be assisted by the proposed project except in emergency situations.

The Area ONAP Administrator will review each emergency situation

proposed by an applicant on a case-by-case basis to determine whether

an exception is warranted.

B. Rehabilitation

(1) Thresholds

a. All applicants for housing rehabilitation grants shall adopt

rehabilitation standards and rehabilitation policies, prior to

submitting an application. These standards and policies must be

submitted with the application.

b. The applicant shall provide an assurance that:

(i) Any house to be rehabilitated will be the permanent non-

seasonal residence of the occupants; the residents will live in the

unit at least nine months per year.

(ii) Houses designated for eventual replacement will only receive

repairs essential for the health and safety of the occupants.

(iii) Project funds will be used to rehabilitate HUD assisted

houses only when the tenant/homeowner's payments are current or the

tenant/homeowner is current in a repayment agreement that is subject to

approval by the Area ONAP. In emergency situations the Area ONAP

administrator may grant exceptions to this requirement on a case-by-

case basis.

(iv) Houses that have received comprehensive rehabilitation

assistance from any ICDBG or other Federal grant program within the

past 8 years will not be assisted with ICDBG funds to make the same

repairs if the repairs are needed as a result of abuse or neglect.

(2) Grant Limits

Rehabilitation grant limits for each Area ONAP jurisdiction are as

follows:

a. Eastern/Woodlands--$15,000

b. Southern Plains--$20,000

c. Northern Plains--$33,500

d. Southwest--$35,000

e. Northwest--$20,000

f. Alaska--Lesser of $45/sq.ft. or $35,000

(3) Selection Criteria

a. Project Need and Design (45 points)

(i) The percentage of ICDBG funds committed to bring the houses to

be assisted up to a standard condition as defined by the applicant.

Administrative, planning, and technical assistance expenditures are

excluded in computing the percentage of ICDBG funds committed to bring

the houses up to a standard condition. The percentage of ICDBG funds

not used to bring the houses up to a standard condition must

[[Page 21345]]

be used for emergency repairs, demolition of substandard units or

another purpose closely related to the housing rehabilitation project.

Percentage of ICDBG funds committed to bring houses to be assisted

up to a standard condition:

91-100%--20 points

81-90.9%--15 points

80.9 and less--0 points

(ii) The applicant's selection criteria which are included in the

application give first priority to the neediest households.

``Neediest'' is defined as households whose houses are in the greatest

disrepair (but still suitable for rehabilitation treatment) in the

project area, or very low-income households.

Yes--10 points

No--0 points

(iii) Documentation of project need with a housing survey of all of

the houses to be rehabilitated with ICDBG funds. This survey should

include standard housing data on each house surveyed (e.g., age, size,

type, number of rooms, number of habitable rooms, number of bedrooms/

sleeping rooms, type of heating). The survey should indicate the

deficiencies for each house. A definition of ``suitable for

rehabilitation'' must be included. At a minimum, this definition must

not include houses that need only minor repairs, or houses that need

such major repairs that rehabilitation is structurally or financially

infeasible.

The application contains all the required survey data and the

required definition of ``suitable for rehabilitation.'' (15 points)

The application does not contain the required definition of

``suitable for rehabilitation'' and/or all the survey data, but does

contain sufficient data to enable the project to proceed effectively.

(10 points)

The application does not contain survey data or the survey data it

does contain is not sufficient to enable the project to proceed

effectively. (0 points)

b. Planning and Implementation (50 points)

(i) Rehabilitation Policies and Procedures including:

a. Adopted rehabilitation standards. The rehabilitation standards

adopted by the applicant will ensure that after rehabilitation the

houses assisted will be in a standard condition.

Yes--5 points

No--0 points

b. Rehabilitation selection policies and procedures. The

rehabilitation selection policies and procedures contained in the

application include:

--Property selection standards;

--Cost limits;

--Type of financing (e.g., loan or grant);

--Homeowner costs and responsibilities;

--Procedures for selecting households to be assisted; and,

--Income verification procedures.

The application contains all the rehabilitation selection policies

and procedures listed above. (10 points)

The application does not contain all the rehabilitation selection

policies and procedures listed above, but contains sufficient data to

enable the project to proceed effectively or the application contains

all the rehabilitation selection policies and procedures listed above,

but in insufficient detail. (5 points)

The application does not contain the rehabilitation selection

policies and procedures listed above or if it does contain policies and

procedures, they are not sufficient to enable the project to proceed

effectively. (0 points)

c. Project implementation policies and procedures. These policies

and procedures must include a description of the following items:

--The qualifications which will be required of the inspector;

--The inspection procedures to be used;

--The procedures to be used to select the contractor or contractors;

--The manner in which the households to be assisted will be involved in

the rehabilitation process;

--How disputes between the households to be assisted, the contractors

and the applicant will be resolved; and, if applicable,

--The repayment provisions which will be required if sale of the

assisted house occurs prior to 5 years after the rehabilitation work

has been completed.

The application contains all the policies and procedures listed

above, and they will enable the project to be effectively implemented.

(10 points)

The application contains some but not all of the policies and

procedures listed above and these policies and procedures are

sufficient for the project to proceed effectively. (5 points)

The application does not contain the policies and procedures listed

above. (0 points)

(ii) Post rehabilitation maintenance policies that address

counseling and training assisted households on maintenance. The

policies included in the application contain a well-planned counseling

and training program. Training will be provided for assisted

households, and provision is made for households unable to do their own

maintenance (e.g., elderly and persons with disabilities). The policies

include follow-up inspections after rehabilitation is completed to

ensure the house is being maintained. (5 points)

The policies contain a well-planned home maintenance training and

counseling program but fail to adequately address all of the items

listed above. (3 points)

The application does not contain a well-planned home maintenance

training and counseling program. (0 points)

(iii) Quality of cost estimates. Cost estimates have been prepared

by a qualified individual. (Qualifications of the estimator must be

included in the application.) Costs of rehabilitation are documented on

a per house basis and are supported by a work write-up for each house

to be assisted. The work write-ups are based upon making those repairs

necessary to bring the houses to a standard condition in a manner

consistent with adopted construction codes and requirements. The write-

ups must be submitted with the application. If national standards,

e.g., the Uniform Building Code, have been locally adopted as the

construction codes and requirements, they must be referenced. If

locally developed and adopted codes and requirements are used, they

must be submitted. (15 points)

Cost estimates have been prepared for each house to be

rehabilitated to determine the total rehabilitation cost. The cost

estimates are included in the application. Costs to rehabilitate each

house are documented by a deficiency list. (12 points)

Cost estimates have been prepared and are included in the

application but the estimates are based on surveys and not on

individual house deficiency lists. (5 points)

Cost estimates are not included in the application or the basis for

the cost estimates included is inappropriate or not provided. (0

points)

(iv) Cost effectiveness of the rehabilitation program. This is a

measure of how efficiently and effectively funds will be used under the

proposed program. Applicants must demonstrate how the proposed

rehabilitation will bring the houses to be assisted to a standard

condition in an efficient and cost effective manner.

Rehabilitation project is cost effective. (5 points)

Rehabilitation project is not cost effective. (0 points)

c. Leveraging. (5 points)

Points under this component will be awarded in a manner consistent

with the definition of ``Leverage' included in this NOFA and the

following breakdown:

[[Page 21346]]

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

Non-ICDBG percentage of project cost Points

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

25 and over.................................................. 5

20-24.9...................................................... 4

15-19.9...................................................... 3

10-14.9...................................................... 2

5-9.9...................................................... 1

0-4.9...................................................... 0

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

C. Land to Support New Housing

(1) Thresholds

a. The application contains information and documentation which

establishes that there is a reasonable ratio between the number of net

usable acres to be acquired and the number of low and moderate income

households with documented housing needs.

b. Housing assistance needs must be clearly demonstrated and

documented with either a survey that identifies the households to be

served, their size, income levels and the condition of current housing

or an IHA approved waiting list. The survey or waiting list must be

submitted with the application.

(2) Selection Criteria

a. Project Need and Design. (40 Points)

Information included in the application establishes that:

The applicant has no suitable land for the construction of new

housing and the necessary infrastructure and amenities for this

housing. (40 points); or,

The applicant has land suitable for housing construction and needed

infrastructure and amenities, but the land is officially dedicated to

another purpose. (30 points); or,

The applicant will be acquiring land for housing construction and

the construction of needed infrastructure and amenities for both new

and existing housing. (25 points); or,

The applicant will be acquiring land for the construction of

amenities for existing housing. (15 points); or,

The reason for the land acquisition does not meet any of the

criteria listed above. (0 points)

b. Planning and Implementation. (60 points)

(i) Suitability of land to be acquired. A preliminary investigation

has been conducted by a qualified entity independent of the applicant.

Based on this investigation (which must be submitted with the

application), the land appears to meet all applicable requirements:

--Soil conditions appear to be suitable for individual and/or community

septic systems or other acceptable methods for waste water collection

and treatment have been identified.

--The land has adequate:

--Availability of drinking water;

--Access to utilities;

--Vehicular access;

--Drainage;

--The land appears to comply with environmental requirements. Future

development costs are expected to be consistent with other subdivision

development costs in the area (subdivision development costs include

the costs of the land, housing construction, water and sewer,

electrical service, roads, and drainage facilities if required).

Yes--20 points

No--0 points

(ii) Housing resources.

Evidence of a conditional commitment for at least 25 percent of the

housing units to be built on the land proposed for acquisition or

evidence that an approvable application for these units has been

submitted has been included in the application. (10 points)

The evidence required for the award of 10 points has not been

included in the application. (0 points)

(iii) Availability/accessibility of supportive services and

employment opportunities. Documentation is provided in the application

to indicate that upon completion of construction of the housing to be

built on the land to be acquired, fire and police protection will be

available to the site and medical and social services, schools,

shopping, and employment opportunities will be accessible from the site

according to the community's established norms.

Yes--5 points

No--0 points

(iv) Commitment that households will move into the new housing.

Documented commitment from households that they will move into the new

housing to be built on the land to be acquired is included in the

application.

Yes--5 points

No--0 points

(v) Land can be taken into trust and provisions have been made for

taxes and fees. There must be a written assurance from the BIA that the

land will be taken into trust. The applicant must demonstrate the

financial capability and commitment to pay the property taxes and fees

on the land for any period of time during which it anticipates it will

own the property in fee. This commitment must be in the form of a

resolution by the governing body of the applicant which indicates that

the applicant will pay or guarantee that all taxes and fees on the land

will be paid.

Documentation from the BIA that land can be taken into trust and

the required governing body resolution are included in the application.

(5 points)

Either the assurance or the resolution (or both) are missing from

the application or they are inadequate. (0 points)

(vi) A plan or commitment for any infrastructure needed to support

the housing to be built on the land to be acquired. The plan or

commitment must address water, waste water collection and treatment,

electricity, roads, and drainage facilities necessary to support the

housing to be developed.

Financial commitments for all necessary infrastructure have been

included in the application or documentation is included which

demonstrates that all necessary infrastructure is in place. (10 points)

A plan for the provision of all necessary infrastructure is

included in the application but all financial commitments required to

implement the plan have not been submitted. (5 points)

Neither a financial commitment or plan are included in the

application. (0 points)

(vii) The extent to which the site proposed for acquisition meets

the housing needs of the applicant and is reasonably priced. The

application includes documentation which indicates that the applicant

has examined and assessed the appropriateness of alternative sites and

which demonstrates that the site proposed for acquisition best meets

the documented housing needs of tribal households. The application must

include comparable sales data which shows that the cost of the land

proposed for acquisition is reasonable.

Yes--5 points

No--0 points

D. New Housing Construction

The following thresholds and selection criteria apply to new

housing construction to be implemented through a Community-Based

Development Organization (CBDO) as provided for under 24 CFR 570.204.

Please note that all households to be assisted under a new housing

construction project must be of low or moderate income status.

(1) Thresholds

a. New housing construction can only be implemented through a

Community-Based Development Organization (CBDO). Eligible CBDOs are

described in 24 CFR 570.204(c). The applicant must provide an assurance

that it understands this requirement.

b. Documentation which supports the following determinations must

be included in the application:

[[Page 21347]]

--No other housing is available in the immediate reservation area that

is suitable for the households to be assisted;

--No other funding sources can meet the needs of the household(s) to be

served.

--The house occupied by the household to be assisted is not in standard

condition and rehabilitation is not economically feasible, or the

household is currently in an overcrowded house [sharing house with

another household(s)], or the household to be assisted has no current

residence.

c. All applicants for new housing construction projects shall adopt

construction standards and construction policies prior to submitting an

application. Applicants must identify the building code to be used when

constructing the houses and must document that this code has been

adopted. The building code may be a tribal building code or a

nationally recognized model code. If it is a tribal code it must

regulate all of the areas and sub-areas identified in 24 CFR

200.925(b), and it must be reviewed and approved by the Area ONAP. If

the code is recognized nationally, it must be the latest edition of one

of the codes incorporated by reference in 24 CFR 200.925(c).

d. The applicant must provide an assurance that any house to be

constructed will be the permanent non-seasonal residence of the

household to be assisted; this household must live in the house at

least nine months per year.

(2) Selection Criteria

a. Project Need and Design (45 points)

(i) The application includes documentation which establishes that

the applicant either is not served by an Indian Housing Authority(IHA),

or if it is a member of an umbrella IHA, this IHA has not provided

assistance to the applicant in a substantial period of time, or the IHA

serving the applicant has not received HUD Public and Indian Housing

new construction assistance in a substantial period of time due to

limited HUD appropriations. The period of time during which the IHA

serving the applicant has not received funding for inadequate or poor

performance by the applicant does not count towards the period of time

that no assistance has been provided by HUD.

No assistance from IHA for 10 years or longer. (15 points)

No assistance from IHA for 6-9 years, 11 months. (10 points)

No assistance from IHA for 0-5 years, 11 months. (0 points)

(ii) Adopted housing construction policies and plan. The plan must

include a description of the proposed CBDO and its relationship (or

proposed relationship) to the applicant. In addition, the policies and

plan must include:

--A selection system that gives priority to the neediest households.

Neediest shall be defined as households whose current residences are in

the greatest disrepair, or very low-income households, or households

without permanent housing.

--A system effectively addressing long-term maintenance of the

constructed houses.

--Estimated costs and identification of the entity responsible for

paying utilities, fire hazard insurance and other normal maintenance

costs.

--Policies governing ownership of the houses, including the status of

the land.

--Description of a comprehensive plan or approach being implemented by

the tribe to meet the housing needs of its members.

--Policies governing disposition or conversion to non-dwelling uses of

substandard houses that will be vacated when a replacement house is

provided.

The policies and plan include all of the information listed above.

(20 points)

The policies and plan do not include all of the information listed

above, but do include sufficient information to allow the project to

proceed effectively or, all of the information is included, but in

insufficient detail. (10 points)

The information included in the application is not sufficient to

meet the requirements for the award of 10 points. (0 points)

(iii) Beneficiary identification. Households to be assisted are

identified in the application and their income eligibility and

household size are documented. (10 points)

Households to be assisted are not identified or, if identified,

their income eligibility and household size are not documented. (0

points)

b. Planning and Implementation (45 points)

(i) Occupancy Standards. The proposed housing will be designed and

built according to adopted reasonable standards that govern the size of

the housing in relation to the size of the occupying household (minimum

and maximum number of persons allowed for the number of sleeping

rooms); the minimum and maximum square footage allowed for major living

spaces (bedrooms, living room, kitchen and dining room). The standards

must be submitted with the application.

Applicant has adopted reasonable occupancy standards which are

included in the application. (10 points)

Applicant has not adopted reasonable occupancy standards or the

standards were not included in the application. (0 points)

(ii) Site Acceptability.

The applicant (or the proposed beneficiary household) has control

of the land upon which the houses will be built. The application

includes documentation that all housing sites are in trust or

documentation from the BIA that the sites will be taken into trust

within one year of the date of the ICDBG approval notification. If the

sites are not in trust by the date of ICDBG approval notification,

documentation that they are in trust must be provided to the Area ONAP

before ICDBG funds may be obligated for construction.

A preliminary investigation of the site(s) has been conducted by a

qualified entity independent of the applicant. Based on this

investigation (which must be included in the application) the site(s)

appear to meet all applicable requirements:

--Soil conditions appear to be suitable for individual or community

septic systems or other acceptable methods for waste water collection

and treatment have been identified;

--Each site has adequate:

--Availability of drinking water

--Access to utilities

--Vehicular access

--Drainage;

--Each site appears to comply with environmental requirements.

Yes--15 points

No--0 points

(iii) Energy Conservation Design. The application includes

documentation which demonstrates that the proposed houses have been

designed in a manner which will ensure that energy use will be no

greater than that for comparable houses in the same general geographic

area that have been constructed in accordance with applicable state

energy conservation standards for residential construction. Any special

design features, materials, or construction techniques which enhance

energy conservation must be described.

Yes--5 points

No--0 points

(iv) Housing Survey.

The applicant has completed a survey of housing conditions and

housing needs of its tribal members. This survey was completed within

the twelve month period prior to the application submission deadline

(or if an earlier survey, it was updated during this time period). The

survey must be submitted

[[Page 21348]]

with the application. The following descriptive data is included for

each household surveyed.

--Size of the household, inc. age and gender of any children

--Is the household occupying permanent housing or is it homeless?

--Annual household income

--Owner or renter

--Number of habitable rooms and number of sleeping rooms

Physical condition of the house--standard/substandard

If substandard, is it suitable for rehabilitation? A definition of

``suitable for rehabilitation'' must be included.

--Number of distinct households occupying the house/degree of

overcrowding

--If there is a need for a replacement house, what are the housing

preferences of the household, e.g. ownership or rental; location;

manufactured or stick-built

An acceptable survey was submitted. (10 points)

The survey submitted was not acceptable or no survey was submitted.

(0 points)

(v) Cost effectiveness of new housing construction.

This is a measure of how efficiently and effectively funds will be

used under the proposed program. Applicants must demonstrate how the

proposed housing activities will be accomplished in an efficient and

cost effective manner. The applicant has demonstrated that the proposed

activities are cost effective. (5 points)

The applicant has not demonstrated that the proposed activities are

cost effective. (0 points)

c. Leveraging. (10 points)

Points under this component will be awarded in a manner consistent

with the definition of ``Leverage'' included in this NOFA and the

following breakdown:

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

Non-ICDBG percentage of project cost Points

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

25 and over..................................................... 10

20-24.9......................................................... 8

15-19.9......................................................... 6

10-14.9......................................................... 4

5-9.9........................................................... 2

0-4.9........................................................... 0

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

2. Community Facilities

A. Infrastructure

(1) Selection Criteria

a. Project Need and Design. (60 points)

(i) The application includes documentation which demonstrates that

the proposed project meets an essential community development need by

fulfilling a function that is critical to the continued existence or

orderly development of the community.

The proposed project will fulfill a function which is critical to

the continued existence or orderly development of the community. (20

points)

The proposed project will fulfill a function which is not critical

to the continued existence or orderly development of the community. (0

points)

(ii) The proposed project benefits the neediest segment of the

population, as identified below. Applications must include information

which demonstrates that income data was collected in a statistically

reliable and independently verifiable manner and that:

85 percent or more of the beneficiaries are low and moderate

income. (15 points)

Between 75-84.9 percent of the beneficiaries are low and moderate

income. (10 points)

Between 55-74.9 percent of the beneficiaries are low and moderate

income. (5 points)

Less than 55 percent of the beneficiaries are low and moderate

income. (0 points)

(iii) The application includes documentation which demonstrates

that the proposed project will provide infrastructure that does not

currently exist for the area to be served or it will eliminate or

substantially reduce a health or safety threat or problem or it will

replace existing infrastructure that no longer functions adequately to

meet current needs.

The infrastructure does not exist or the existing infrastructure no

longer functions or the existing infrastructure does not contribute to

the elimination of, or causes, a verified health or safety threat or

problem. (25 points)

The existing infrastructure no longer functions adequately to meet

current needs or is unreliable. (20 points)

The proposed project will replace or supplement existing

infrastructure which is adequate for current needs but which will not

meet acknowledged future needs. (12 points)

The proposed project will replace or supplement existing

infrastructure which is adequate to meet current needs and future needs

have not been acknowledged or documented. (0 points)

If the project is intended to address a health or safety threat or

problem, the applicant must provide documentation consisting of a

signed study or letter from a qualified independent authority which

verifies that:

--A threat to health or safety (or a health or safety problem) exists

which has caused or has the potential to cause serious illness, injury,

disease, or death; and,

--The threat or problem can be completely or substantially eliminated

if the proposed project is undertaken.

b. Planning and Implementation (30 points)

(i) A viable plan for maintenance and operation. If the applicant

is to assume responsibility for maintenance and operation of the

proposed facility, the applicant must adopt a maintenance and operation

plan which addresses maintenance, repair and replacement of items not

covered by insurance, and which clearly identifies operating

responsibilities and resources. This plan and the adopting resolution

must be included in the application. The plan must identify a funding

source to ensure that the facility will be properly maintained and

operated. The resolution adopting the plan must identify the total

annual dollar amount the applicant will commit.

If an entity other than the applicant commits to pay for

maintenance and operation, a letter of commitment which identifies the

responsibilities the entity will assume and which documents its

financial ability to assume these responsibilities must be included in

the application; submission of a maintenance and operation plan is not

required. Points will only be awarded if the Area ONAP is able to

determine that the entity is financially able to assume the costs of

maintenance and operation.

An acceptable maintenance and operation plan and adopting

resolution (or letter of commitment) are included in the application.

(15 points)

The plan, resolution or the commitment letter have not been

included in the application or if included they are not acceptable. (0

points)

c. An appropriate and effective design, scale and cost. The

application includes information which demonstrates that the proposed

project is the most appropriate and cost effective approach to address

the identified need. This information demonstrates that the use of

existing facilities and resources, and alternatives, including method

of implementation and cost, have been considered. If only one approach

is feasible (there are no alternatives to the proposed project), the

application must include an explanation.

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The required information is included in the application. (15

points)

The required information is not included in the application or, if

included, it is unacceptable. (0 points)

d. Leveraging. (10 points) Points under this component will be

awarded in a manner consistent with the definition of ``Leverage''

included in this NOFA and the following breakdown: