Super Notice of Funding Availability (SuperNOFA) for Targeted Housing and Homeless Assistance Programs

Federal RegisterApr 30, 1998

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SUMMARY: This Super Notice of Funding Availability (SuperNOFA)

announces the availability of approximately $1,196,920,112 in HUD

program funds covering six (6) Targeted Housing and Homeless Assistance

Programs operated and managed by HUD's Office of Community Planning and

Development (CPD) and HUD's Office of Housing-Federal Housing

Administration (FHA). The General Section of this SuperNOFA contains

the procedures and requirements applicable to all programs. The

applications for funding for these programs have been consolidated into

four applications. The Programs Section of this SuperNOFA contains a

description of the specific programs for which funding is made

available under this SuperNOFA and additional procedures and

requirements that are applicable to each.

Application Due Dates: The information contained in this APPLICATION

DUE DATES section applies to all programs contained in this SuperNOFA.

Completed applications must be submitted to HUD no later than the

deadline established for the program for which you are seeking funding.

Applications may not be sent by facsimile (FAX). See the Program Chart

for specific application due dates.

Addresses and Application Submission Procedures: Addresses. Completed

applications must be submitted to the location specified in the

Programs Section of this SuperNOFA. When submitting your application,

please refer to the program name for which you are seeking funding.

For Applications to HUD Headquarters. Applications to be submitted

to HUD Headquarters are due at: Department of Housing and Urban

Development, 451 Seventh Street, SW, Room ________ (See Program Chart

or Programs Section for room location), Washington DC 20410.

For Applications to HUD Field Offices. For those programs for which

applications are due to the HUD Field Offices, please see the Programs

Section for the exact locations for submission.

Applications Procedures. Mailed Applications. Applications will be

considered timely filed if postmarked on or before 12:00 midnight on

the application due date and received by the designated HUD Office on

or within ten (10) days of the application due date.

Applications Sent by Overnight/Express Mail Delivery. Applications

sent by overnight delivery or express mail will be considered timely

filed if received before or on the application due date, or upon

submission of documentary evidence that they were placed in transit

with the overnight delivery service by no later than the specified

application due date.

Hand Carried Applications. For applications submitted to HUD

Headquarters, hand carried applications delivered before and on the

application due date must be brought to the specified location and room

number between the hours of 8:45 am to 5:15 pm, Eastern time.

Applications hand carried on the application due date will be accepted

in the South Lobby of the HUD Headquarters Building at the above

address from 5:15 pm until 12:00 midnight, Eastern time. Applications

due to HUD Field Office locations must be delivered to the appropriate

HUD Field Office in accordance with the instructions specified in the

Programs Section of the SuperNOFA.

For applications submitted to the HUD Field Offices, hand carried

applications will be accepted during normal business hours before the

application due date. On the application due date, business hours will

be extended to 6:00 p.m. local time. (Please see Appendix A to this

SuperNOFA listing the hours of operations for the HUD Field Offices.)

Copies of Applications to Hud Offices. The Programs Section of this

SuperNOFA may specify that to facilitate processing and review of your

submission a copy of the application also be sent to an additional HUD

location (for example, a copy to the HUD Field Office if the original

application is to be submitted to HUD Headquarters, or a copy to HUD

Headquarters, if the original application is to be submitted to a HUD

Field Office). Please follow the requirements of the Programs Section

to ensure that you submit your application to the proper location. HUD

requests additional copies in order to expeditiously review your

application and appreciates your assistance in providing the copies.

Please note that for those applications for which copies are being

submitted to the Field Offices and HUD Headquarters, timeliness of

submission will be based on the time the application is received at HUD

Headquarters.

For Application Kits, Further Information and Technical Assistance: The

information contained in this section is applicable to all programs

contained in this SuperNOFA.

For Application Kits and SuperNOFA User Guide. HUD is pleased to

provide you with application kits and/or a guidebook to all HUD

programs. When requesting an application kit, please refer to the

program name of the application kit you are interested in receiving.

Please be sure to provide your name, address (including zip code), and

telephone number (including area code).

Requests for application kits should be made immediately to ensure

sufficient time for application preparation. We will distribute

application kits as soon as they become available.

The SuperNOFA Information Center (1-800-HUD-8929) can provide you

with assistance, application kits, and guidance in determining which

HUD Office(s) should receive a copy of your application. Persons with

hearing or speech impairments may call the Center's TTY number at 1-

800-483-2209.

Consolidated Application Submissions. Where an applicant can apply

for funding under more than one program in this SuperNOFA, the

applicant need only submit one originally signed SF-424 and one set of

original signatures for the other required assurances and

certifications, accompanied by the matrix contained in each application

kit. As long as the applicant submits one originally signed set of

these documents with an application, only copies of these documents are

required to be submitted with any additional application submitted by

the applicant. The application should identify the program for which

the original signatures for assurances and certifications is being

submitted.

For Further Information. For answers to your questions about this

SuperNOFA, you have several options. You may call the SuperNOFA

Information Center at 1-800-HUD-8929, or you may contact the HUD Office

or Processing Center serving your area at the telephone number listed

in the application kit for the program in which you are interested.

Persons with hearing or speech impairments may call the Center's TTY

number at 1-800-483-2209. Information on this SuperNOFA also may be

obtained through the HUD

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web site on the Internet at http://www.HUD.gov.

For Technical Assistance. Before the application due date, HUD

staff will be available to provide general guidance and technical

assistance about this SuperNOFA. Current law does not permit HUD staff

to assist in preparing the application. Following selection of

applicants, but prior to award, HUD staff will be available to assist

in clarifying or confirming information that is a prerequisite to the

offer of an award or Annual Contributions Contract (ACC) by HUD.

Introduction to the SuperNOFA Process

To further HUD's objective, under the direction of Secretary Andrew

Cuomo, of improving customer service and providing the necessary tools

for revitalizing communities and improving the lives of people within

those communities, HUD will publish three SuperNOFAs in 1998, which

coordinate program funding for 40 programs and cut across traditional

program lines.

(1) The first is the SuperNOFA and consolidated application process

for Housing and Community Development Programs, covering 19 Housing and

Community Development Programs. This SuperNOFA was published in the

Federal Register on March 31, 1998.

(2) The second is the SuperNOFA and consolidated application

process for Economic Development and Empowerment Programs, covering 9

programs. This second SuperNOFA was published elsewhere in today's

Federal Register.

(3) The third is the SuperNOFA and consolidated application process

for Targeted Housing and Homeless Assistance Programs. This third

SuperNOFA includes the following programs and initiatives: Housing

Opportunities for Persons with AIDS; Continuum of Care Assistance,

which includes the Supportive Housing Program, Shelter Plus Care, and

Section 8 Moderate Rehabilitation Single Room Occupancy Program for

Homeless Individuals; Section 202 Supportive Housing for the Elderly;

and Section 811 Supportive Housing for Persons with Disabilities.

Related to this SuperNOFA for HUD's Targeted Housing and Homeless

Assistance Programs is HUD's NOFA for Section 8 Tenant-Based Assistance

for Persons with Disabilities, published elsewhere in today's Federal

All three SuperNOFAs and consolidated applications, to the greatest

extent possible, given statutory, regulatory and program policy

distinctions, will have one set of rules that, together, offer a

``menu'' of approximately 40 programs. From this menu, communities will

be made aware of funding available for their jurisdictions. Nonprofits,

public housing agencies, local and State governments, tribal

governments and tribally designated housing entities, veterans service

organizations, faith-based organizations and others will be able to

identify the programs for which they are eligible for funding.

The National Competition NOFA. In addition to the three SuperNOFAs,

HUD is publishing in today's Federal Register a single NOFA for three

national competitions: the Fair Housing Initiatives Program National

Competition; the Lead-Based Paint Hazard Control National Competition;

and the Housing Counseling National Competition.

Assisting Communities To Make Better Use of Available Resources

These SuperNOFAs represent a marked departure from, and HUD

believes a significant improvement over, HUD's past approach to the

funding process. In the past, HUD has issued as many as 40 separate

NOFAs, all with widely varying rules and application processing

requirements. This individual program approach to funding, with NOFAs

published at various times throughout the fiscal year, did not

encourage and, at times, unintentionally impeded local efforts directed

at comprehensive planning and development of comprehensive local

solutions. Additionally, the old approach seemed to require communities

to respond to HUD's needs rather than HUD responding to local needs.

Secretary Cuomo brings to the leadership of HUD the experience of

successfully implementing a consolidated planning process in HUD's

community development programs. As Assistant Secretary for Community

Planning and Development, Secretary Cuomo consolidated the planning,

application, and reporting requirements of several community

development programs. The Consolidated Plan rule, published in 1995,

established a renewed partnership among HUD, State, and local

governments, public and private agencies, tribal governments, and the

general citizenry by empowering field staff to work with other entities

in fashioning creative solutions to community problems.

The SuperNOFA approach builds upon Consolidated Planning

implemented by Secretary Cuomo in HUD's community development programs,

and also reflects the Secretary's organizational changes for HUD, as

described in the Secretary's management reform plan. On June 26, 1997,

Secretary Cuomo released the HUD 2020 Management Reform Plan, which

calls for significant consolidation of like programs to maximize

efficiency and dramatically improve customer service. The plan also

calls for HUD to improve customer service by adopting a principle of

``menus not mandates.''

By announcing the funding of these six programs in one NOFA, HUD

hopes to assist communities in making better use of available resources

to address their needs and the needs of those living within the

communities in a holistic and effective fashion. These funds are

available for eligible applicants to support individual program

objectives, as well as cross-cutting and coordinated approaches to

improving the overall effective use of available HUD program funds.

To date, HUD has been consolidating and simplifying the submission

requirements of many of its formula grant and discretionary grant

programs to offer local communities a better opportunity to shape

available resources into effective and coordinated neighborhood housing

and community development strategies that will help revitalize and

strengthen their communities, physically, socially and economically. To

complement this overall consolidation and simplification effort, HUD

designed this process to increase the ability of applicants to consider

and apply for funding under a wide variety of HUD programs in response

to a single NOFA. Everyone interested in HUD's grant programs can

benefit from having this information made available in one NOFA.

Coordination, Flexibility, and Simplicity in the HUD Funding Process

The SuperNOFA approach places heavy emphasis on the coordination of

activities to provide (1) greater flexibility and responsiveness in

meeting local housing and community development needs, and (2) greater

flexibility to eligible applicants to determine what HUD program

resources best fit the community's needs, as identified in local

Consolidated Plans and Analysis of Impediments to Fair Housing Choice

(``Analysis of Impediments'' (AI)).

The SuperNOFA approach is designed to simplify the application

process; promote effective and coordinated use of program funds in

communities; reduce duplication in the delivery of services and

economic development and empowerment programs; allow interested

applicants to seek to deliver a wider, more integrated array of

services; and improve the

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system for potential grantees to be aware of, and compete for program

funds.

HUD encourages applicants to work together to coordinate and, to

the maximum extent possible, join their activities to form a seamless

and comprehensive program of assistance to meet identified needs in

their communities, and address barriers to fair housing and equal

opportunity that have been identified in the community's Consolidated

Plan and Analysis of Impediments in the geographic area(s) in which

they are seeking assistance.

As part of the simplification of this funding process, and to avoid

duplication of effort, the SuperNOFA provides for consolidated

applications for several of the programs for which funding is available

under this NOFA. HUD programs that provide assistance for, or

complement similar activities, for example the Continuum of Care

programs have a consolidated application that reduces the

administrative and paperwork burden applicants may otherwise encounter

in submitting an application for each program. The Program Chart in

this introductory section of the SuperNOFA identifies the programs that

have been consolidated and for which a consolidated application is made

available to eligible applicants.

The funding of these six programs through this SuperNOFA will not

affect the ability of eligible applicants to seek HUD funding. Eligible

applicants are able, as they have been in the past, to apply for

funding under as few as one or as many as all programs for which they

are eligible.

The specific statutory and regulatory requirements of each of the

six separate programs continue to apply to each program. The SuperNOFA

reflects, where necessary, the statutory requirements and differences

applicable to the specific programs. Please pay careful attention to

the individual program requirements that are identified for each

program. Also, you will note that not all applicants are eligible to

receive assistance under all six programs identified in this SuperNOFA.

The SuperNOFA contains two major sections. The General Section of

the SuperNOFA contains the procedures and requirements applicable to

all applications. The Programs Section of the SuperNOFA describes each

program for which funding is made available in the NOFA. As in the

past, each program provides a description of eligible applicants,

eligible activities, factors for award, and any additional requirements

or limitations that apply to the program. Please read carefully both

the General Section and the Programs Section of the SuperNOFA for the

program(s) to which you are applying. This will ensure that you apply

for program funding for which your organization is eligible to receive

funds and you fulfill all the requirements for that program(s).

The Programs of this SuperNOFA and the Amount of Funds Allocated

The six programs for which funding availability is announced in

this SuperNOFA are identified in the following chart. The approximate

available funds for each program are listed as expected funding levels

based on appropriated funds. Should recaptured or other funds become

available for any program, HUD reserves the right to increase the

available program funding amounts by the amount available.

The chart also includes the application due date for each program,

the OMB approval number for the information collection requirements

contained in the specific program, and the Catalog of Federal Domestic

Assistance (CFDA) number.

BILLING CODE 4210-32-

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[GRAPHIC] [TIFF OMITTED] TN30AP98.018

BILLING CODE 4210-32-C

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Paperwork Reduction Act Statement. The information collection

requirements contained in this SuperNOFA have been approved by the

Office of Management and Budget (OMB) under the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501-3520). The preceding chart reflects the OMB

approval number for each program component of this SuperNOFA. 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. *$640,000,000 is currently available for obligation for

FY 1998, and $60,000,000 is subject to appropriations in FY 1999.

General Section of the SuperNOFA

I. Authority; Purpose; Amount Allocated; Eligible Applicants and

Eligible Activities

(A) Authorities

The authority for Fiscal Year 1998 funding availability under this

SuperNOFA is the Department of Veterans Affairs and Housing and Urban

Development and Independent Agencies Appropriations Act, 1998 (Pub. L.

105-65, approved October 27, 1997) (FY 1998 HUD Appropriations Act).

Where applicable, additional authority for each program in this

SuperNOFA is identified in the Programs Section.

(B) Purpose

The purpose of this SuperNOFA is to:

(1) Make funding available through a variety of programs to empower

communities and their residents, particularly the poor and

disadvantaged, to develop viable communities, provide decent housing

and a suitable living environment for all citizens, without

discrimination in order to improve themselves both as individuals and

as a community.

(2) Simplify and streamline the application process for funding

under HUD programs. By making available to State and local governments,

public housing agencies, tribal governments, non-profit organizations

and others, the application requirements for Targeted Housing and

Homeless Assistance Programs in one NOFA, HUD hopes that the result

will be a less time consuming and less complicated application process.

This new process also allows an applicant to submit one application for

funds for several programs. Except where statutory or regulatory

requirements or program policy mandate differences, the SuperNOFA

strives to provide for one set of rules, standardized rating factors,

and uniform and consolidated application procedures.

(3) Enhance the ability of applicants to make more effective and

efficient use of housing and community development funding when

addressing community needs and implementing coordinated housing and

community development strategies established in local Consolidated

Plans, which is the single application for HUD housing and community

development and other formula funds submitted by the local or State

government. Through this SuperNOFA process, applicants are encouraged

to: (i) create opportunities for strategic planning and citizen

participation in a comprehensive context at the local level in order to

establish a full continuum of housing and services; and (ii) promote

methods for developing more coordinated and effective approaches to

dealing with urban, suburban, and rural problems by recognizing the

interconnections among the underlying problems and ways to address them

through layering of available HUD programs;

(4) Promote the ability of eligible non-profit organizations to

participate in many of the programs contained in this SuperNOFA;

provide an increased opportunity to assist communities in developing

continuum of care strategies, and supportive housing programs; and

(5) Recognize and make better use of the expertise that each of the

programs, and organizations eligible for funding under this SuperNOFA,

can contribute when developing and implementing local housing and

community development plans, the Consolidated Plan, and the HUD

required Analysis of Impediments to Fair Housing Choice.

The amounts allocated to specific programs in this SuperNOFA are

based on appropriated funds. Should recaptured funds become available

in any program, HUD reserves the right to increase the available

funding amounts by the amount of funds recaptured.

(D) Eligible Applicants and Eligible Activities

The eligible applicants and eligible activities for each program

are identified and described for the program in the Programs Section of

the SuperNOFA.

II. Requirements and Procedures Applicable to all Programs

Except as may be modified in the Programs Section of this

SuperNOFA, or as noted within the specific provisions of this Section

II, the following principles apply to all programs. Please be sure to

read the program area section of the SuperNOFA for additional

requirements or information.

(A) Statutory Requirements

All applicants must meet and comply with all statutory and

regulatory requirements applicable to the program for which they are

seeking funding in order to be awarded funds. Copies of the regulations

are available from the SuperNOFA Information Center or through the

Internet at the HUD web site located at http://www.HUD.gov. HUD may

reject an application from further funding consideration if the

activities or projects proposed are ineligible, or (with the exception

of the Section 202 and 811 programs) HUD may eliminate the ineligible

activities from funding consideration and reduce the grant amount

accordingly.

(B) Threshold Requirements--Compliance With Fair Housing and Civil

Rights Laws

All applicants, with the exception of Federally recognized Indian

tribes, must comply with all Fair Housing and civil rights laws,

statutes, regulations and executive orders as enumerated in 24 CFR

5.105(a). Federally recognized Indian tribes must comply with the Age

Discrimination Act of 1975, section 504 of the Rehabilitation Act of

1973, and the Indian Civil Rights Act. If an applicant (1) has been

charged with a violation of the Fair Housing Act by the Secretary; (2)

is the defendant in a Fair Housing Act lawsuit filed by the Department

of Justice; or (3) has received a letter of noncompliance findings

under Title VI of the Civil Rights Act, section 504 of the

Rehabilitation Act, or section 109 of the Housing and Community

Development Act, the applicant is not eligible to apply for funding

under this SuperNOFA until the applicant resolves such charge, lawsuit,

or letter of findings to the satisfaction of the Department.

Applicants must comply with the Americans with Disabilities Act,

and Title IX of the Education Amendments Act of 1972.

(D) Affirmatively Furthering Fair Housing

Unless otherwise specified in the Programs Section of this

SuperNOFA, each successful applicant will have a duty to affirmatively

further fair housing. Applicants should include in their applications

or work plans the specific steps that they will take to (1) address the

elimination of impediments to fair housing that were identified in the

jurisdiction's Analysis of Impediments (AI) to Fair Housing

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Choice; (2) remedy discrimination in housing; or (3) promote fair

housing rights and fair housing choice. Further, applicants have a duty

to carry out the specific activities cited in their responses to the

rating factors that address affirmatively furthering fair housing in

the Programs Section of this SuperNOFA.

(E) Economic Opportunities for Low and Very Low-Income Persons (Section

Certain programs in this SuperNOFA require recipients of HUD

assistance to comply with section 3 of the Housing and Urban

Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for

Low and Very Low-Income Persons) and the HUD regulations at 24 CFR part

135, including the reporting requirements subpart E. Section 3 provides

that recipients shall ensure that training, employment and other

economic opportunities, to the greatest extent feasible, be directed to

(1) low and very low income persons, particularly those who are

recipients of government assistance for housing and (2) business

concerns which provide economic opportunities to low and very low

income persons. The applicability of section 3 will be noted in the

Programs Section of the SuperNOFA.

(F) Relocation

Any person (including individuals, partnerships, corporations or

associations) who moves from real property or moves personal property

from real property as a direct result of a written notice to acquire or

the acquisition of the real property, in whole or in part, for a HUD-

assisted activity is covered by acquisition policies and procedures and

the relocation requirements of the Uniform Relocation Assistance and

Real Property Acquisition Policies Act of 1970, as amended (URA), and

the implementing governmentwide regulation at 49 CFR part 24. Any

person who moves permanently from real property or moves personal

property from real property as a direct result of rehabilitation or

demolition for an activity undertaken with HUD assistance is covered by

the relocation requirements of the URA and the governmentwide

regulation.

(G) Forms, Certifications and Assurances

Each applicant is required to submit signed copies of the standard

forms, certifications, and assurances, listed in this section, unless

the program funding in the Programs Section specifies otherwise.

Additionally, the Programs Section may specify additional forms,

certifications, assurances or other information that may be required

for a particular program in this SuperNOFA.

(1) Standard Form for Application for Federal Assistance (SF-424);

(2) Standard Form for Budget Information--Non-Construction Programs

(SF-424A) or Standard Form for Budget Information-Construction Programs

(SF-424C), as applicable;

(3) Standard Form for Assurances--Non-Construction Programs (SF-

424B) or Standard Form for Assurances--Construction Programs (SF-424D),

as applicable;

(4) Drug-Free Workplace Certification (HUD-50070);

(5) Certification and Disclosure Form Regarding Lobbying (SF-LLL);

(Tribes and tribally designated housing entities (THDEs) established by

an Indian tribe as a result of the exercise of the tribe's sovereign

power are not required to submit this certification. Tribes and TDHEs

established under State law are required to submit this certification.)

(6) Applicant/Recipient Disclosure Update Report (HUD-2880);

(7) Certification that the applicant will comply with the

requirements of the Fair Housing Act, Title VI of the Civil Rights Act

of 1964, section 504 of the Rehabilitation Act of 1973, and the Age

Discrimination Act of 1975, and will affirmatively further fair

housing. CDBG recipients also must certify to compliance with section

109 of the Housing and Community Development Act. Federally recognized

Indian tribes must certify that they will comply with the requirements

of the Age Discrimination Act of 1975, section 504 of the

Rehabilitation Act of 1973, and the Indian Civil Rights Act.

(8) Certification required by 24 CFR 24.510. (The provisions of 24

CFR part 24 apply to the employment, engagement of services, awarding

of contracts, subgrants, or funding of any recipients, or contractors

or subcontractors, during any period of debarment, suspension, or

placement in ineligibility status, and a certification is required.)

(H) OMB Circulars

The policies, guidances, and requirements of OMB Circular No. A-87

(Cost Principles Applicable to Grants, Contracts and Other Agreements

with State and Local Governments), OMB Circular No. A-122 (Cost

Principles for Nonprofit Organizations), 24 CFR part 84 (Grants and

Agreements with Institutions of Higher Education, Hospitals, and other

Non-Profit Organizations) and 24 CFR part 85 (Administrative

Requirements for Grants and Cooperative Agreements to State, Local, and

Federally recognized Indian tribal governments) may apply to the award,

acceptance and use of assistance under the programs of this SuperNOFA,

and to the remedies for noncompliance, except when inconsistent with

the provisions of the FY 1998 HUD Appropriations Act, other Federal

statutes or the provisions of this SuperNOFA. Compliance with

additional OMB Circulars may be specified for a particular program in

the Programs Section of the SuperNOFA. Copies of the OMB Circulars may

be obtained from EOP Publications, Room 2200, New Executive Office

Building, Washington, DC 10503, telephone (202) 395-7332 (this is not a

toll free number).

(I) Environmental Requirements

For programs under this SuperNOFA that assist physical development

activities or property acquisition, grantees are generally prohibited

from acquiring, rehabilitating, converting, leasing, repairing or

constructing property, or committing or expending HUD or non-HUD funds

for these program activities, until one of the following has occurred:

(1) HUD has completed an environmental review in accordance with 24 CFR

part 50; or (2) for programs subject to 24 CFR part 58, HUD has

approved a grantee's Request for Release of Funds (HUD Form 7015.15)

following a Responsible Entity's completion of an environmental review.

Applicants should consult the Programs Section for the applicable

program to determine the procedures for, timing of, and any exclusions

from environmental review under a particular program.

(J) Conflicts of Interest

Consultants or experts assisting HUD in rating and ranking

applicants for funding under this SuperNOFA are subject to 18 U.S.C.

208, the Federal criminal conflict of interest statute, and to the

Standards of Ethical Conduct for Employees of the Executive Branch

regulation published at 5 CFR part 2635. As a result, individuals who

have assisted or plan to assist applicants with preparing applications

for this SuperNOFA may not serve on a selection panel or as a technical

advisor to HUD for this SuperNOFA. All individuals involved in rating

and ranking this SuperNOFA, including experts and consultants, must

avoid conflicts of interest or the appearance of conflicts. If the

selection or non-selection of any applicant under this NOFA affects the

individual's financial interests set forth in 18 U.S.C. 208 or involves

any party with whom the individual has a covered relationship

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under 5 CFR 2635.502, that individual must, prior to participating in

any matter regarding this NOFA, disclose this fact to the General

Counsel or the Ethics Law Division.

III. Application Selection Process

(A) General

To review and rate applications, HUD may establish panels including

persons not currently employed by HUD to obtain certain expertise and

outside points of view, including views from other Federal agencies.

(1) Rating. All applications for funding in each program listed in

this SuperNOFA will be evaluated and rated against the criteria in this

SuperNOFA. The rating of the ``applicant'' or the ``applicant's

organization and staff'' for technical merit or threshold compliance,

unless otherwise specified, will include any sub-contractors,

consultants, sub-recipients, and members of consortia which are firmly

committed to the project.

(2) Ranking. Applicants will be ranked within each program (or, for

Continuum of Care applicants, across the three programs identified in

the Continuum of Care section of this SuperNOFA). Applicants will be

ranked only against others that applied for the same program funding

and where there are set-asides within the competition, the applicant

would only compete against applicants in the same set-aside

competition.

(B) Threshold Requirements

HUD will review each application to determine whether the

application meets all of the threshold criteria described for program

funding made available under this SuperNOFA. Applications that meet all

of the threshold criteria will be eligible to be rated and ranked,

based on the criteria described, and the total number of points to be

awarded.

For all of the programs for which funding is available under this

SuperNOFA, the points awarded for the rating factors total 100. Where

applicable, the program may provide for up to four bonus points as

provided in paragraphs (1) and (2) of this Section III(C), or other

bonus points as may be specified in the individual program in the

Programs Section of this SuperNOFA.

(1) Bonus Points. The SuperNOFA provides for the award of up to two

bonus points for eligible activities/projects that are proposed to be

located in federally designated Empowerment Zones, Enterprise

Communities, or Urban Enhanced Enterprise Communities, and/or serve the

EZ/EC residents, and are certified to be consistent with the strategic

plan of the EZs and ECs. The application kit contains a certification

which must be completed for the applicant to be considered for EZ/EC

bonus points. A listing of the federally designated EZs, Enhanced ECs

are available from the SuperNOFA Information Center, or through the HUD

web site on the Internet at http://www.HUD.gov.

(2) Court-Ordered Consideration. Due to an order of the U.S.

District Court for the Northern District of Texas, Dallas, Division,

with respect to any application by the City of Dallas, Texas, for HUD

funds, HUD shall consider the extent to which the strategies or plans

in an application or applications submitted by the City of Dallas for

any program under this SuperNOFA will be used to eradicate the vestiges

of racial segregation in the Dallas Housing Authority's low income

housing programs. The City of Dallas should address the effect, if any,

that vestiges of racial segregation in Dallas Housing Authority's low

income housing programs have on potential participants in the programs

covered by this NOFA, and identify proposed actions for remedying those

vestiges. HUD may add up to 2 points to the score based on this

consideration. (This Section III(C)(2) is limited to applications

submitted by the City of Dallas.)

(3) The Five Standard Rating Factors. The factors for rating and

ranking applicants are listed in this Section III(C)(2) and maximum

points for each factor, are provided in the Programs Section of the

SuperNOFA. Each applicant should carefully read the factors for award

as described in the program area section that they are seeking funding.

While HUD has established the following basic factors for award, these

may have been modified or adjusted to take into account specific

program needs, or statutory or regulatory limitations imposed on a

program. The standard factors for award, except as modified in the

program area section are:

Factor 1: Capacity of the Applicant and Relevant Organizational Staff

Factor 2: Need/Extent of the Problem

Factor 3: Soundness of Approach

Factor 4: Leveraging Resources

Factor 5: Comprehensiveness and Coordination

The Continuum of Care Homeless Assistance Programs have only two

factors that receive points: Need and Continuum of Care.

(D) Negotiation

After all applications have been rated and ranked and a selection

has been made, HUD may require, depending upon the program, that all

winners participate in negotiations to determine the specific terms of

the grant agreement and budget. In cases where HUD cannot successfully

conclude negotiations or a selected applicant fails to provide HUD with

requested information, awards will not be made. In such instances, HUD

may offer an award to the next highest ranking applicant, and proceed

with negotiations with the next highest ranking applicant.

(E) Adjustments to Funding

HUD reserves the right to fund less than the full amount requested

in any application to ensure the fair distribution of the funds and to

ensure the purposes of the programs contained in this SuperNOFA are

met. HUD may choose not to fund portions of the applications that are

ineligible for funding under applicable program statutory or regulatory

requirements, or which do not meet the requirements of this General

Section of this SuperNOFA or the requirements in the Programs Section

for the specific program, and fund eligible portions of the

applications.

If funds remain after funding the highest ranking applications, HUD

may fund part of the next highest ranking application in a given

program area. If the applicant turns down the award offer, HUD will

make the same determination for the next highest ranking application.

If funds remain after all selections have been made, remaining funds

may be available for other competitions for each program area where

there is a balance of funds.

Additionally, in the event of a HUD procedural error that, when

corrected, would result in selection of an otherwise eligible applicant

during the funding round of this SuperNOFA, HUD may select that

applicant when sufficient funds become available.

(F) Performance and Compliance Actions of Grantees

Performance and compliance actions of grantees will be measured and

addressed in accordance with applicable standards and sanctions of

their respective programs.

IV. Application Submission Requirements

As discussed earlier in the introductory section of this SuperNOFA,

part of the simplification of this funding process is to reduce the

duplication of effort involved in

[[Page 23995]]

completing and submitting similar applications for HUD funded programs.

As the Program Chart shows above, this SuperNOFA provides for

consolidated applications for several of the programs for which funding

is available under this SuperNOFA.

V. Corrections to Deficient Applications

After the application due date, HUD may not, consistent with 24 CFR

part 4, subpart B, consider unsolicited information from an applicant.

HUD may contact an applicant, however, to clarify an item in the

application or to correct technical deficiencies. Applicants should

note, however, that HUD may not seek clarification of items or

responses that improve the substantive quality of the applicant's

response to any eligibility or selection criterion. Examples of curable

technical deficiencies include failure to submit the proper

certifications or failure to submit an application containing an

original signature by an authorized official. In each case, HUD will

notify the applicant in writing by describing the clarification or

technical deficiency. HUD will notify applicants by facsimile or by

return receipt requested. Applicants must submit clarifications or

corrections of technical deficiencies in accordance with the

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

receipt of the HUD notification. If the deficiency is not corrected

within this time period, HUD will reject the application as incomplete.

(Note that the Sections 202 and 811 Programs, by regulation, provide

for appeal of rejection of an application on technical deficiency.

Please see the programs sections for these programs for additional

information.)

VI. Promoting Comprehensive Approaches to Housing and Community

Development

(A) General

HUD believes the best approach for addressing community problems is

through a community-based process that provides a comprehensive

response to identified needs. By making HUD's Targeted Housing and

Homeless Assistance Programs funding available in one NOFA, applicants

may be able to relate the activities proposed for funding under this

SuperNOFA to the recent and upcoming NOFAs and the community's

Consolidated Plan and Analysis of Impediments to Fair Housing Choice. A

complete schedule of NOFAs to be published during the fiscal year and

those already published appears under the HUD Homepage on the Internet,

which can be accessed at http://www.hud.gov/nofas.html.

(B) Linking Program Activities With AmeriCorps

Applicants are encouraged to link their proposed activities with

AmeriCorps, a national service program engaging thousands of Americans

on a full or part-time basis to help communities address their toughest

challenges, while earning support for college, graduate school, or job

training. For information about AmeriCorps, call the Corporation for

National Service at (202) 606-5000.

Rehabilitation Activities

In addition to applicable accessible design and construction

requirements, applicants are encouraged to incorporate visitability

standards where feasible in new construction and substantial

rehabilitation projects. Visitability standards allow a person with

mobility impairments access into the home, but does not require that

all features be made accessible. Visitability means at least one

entrance at grade (no steps), approached by an accessible route such as

a sidewalk; the entrance door and all interior passage doors are at

least 2 feet 10 inches wide, allowing 32 inches of clear passage space.

Allowing use of 2'10'' doors is consistent with the Fair Housing Act

(at least for the interior doors), and may be more acceptable than

requiring the 3 foot doors that are required in fully accessible areas

under the Uniform Federal Accessibility Standards for a small

percentage of units. A visitable home also serves persons without

disabilities, such as a mother pushing a stroller, or a person

delivering a large appliance. Copies of the UFAS are available from the

Office of Fair Housing and Equal Opportunity, U.S. Department of

Housing and Urban Development, Room 5230, 451 Seventh Street, SW,

Washington, DC 20410, telephone (202) 755-5404 or the TTY telephone

number, 1-800-877 8399 (Federal Information Relay Service).

(D) Developing Healthy Homes

HUD's Healthy Homes Initiative is one of the initiatives developed

by the White House Task Force on Environmental Health Risks and Safety

Risks to Children that was established under Executive Order 13045

(``Protection of Children from Environmental Health Risks and Safety

Risks''). HUD encourages the funding of activities (to the extent

eligible under specific programs) that promote healthy homes, or that

promote education on what is a healthy home. These activities may

include, but are not limited to the following: educating homeowners or

renters about the need to protect children in their home from dangers

that can arise from items such as curtain cords, electrical outlets,

hot water, poisons, fire, and sharp table edges, among others;

incorporating child safety measures in the construction, rehabilitation

or maintenance of housing, which include but are not limited to: child

safety latches on cabinets, hot water protection devices, properly

ventilated windows to protect from mold, window guards to protect

children from falling, proper pest management to prevent cockroaches

which can cause asthma, and activities directed to control of lead-

based paint hazards. The National Lead Information Hotline is 1-800-

424-5323.

VII. Findings and Certifications

(A) Environmental Impact

This SuperNOFA provides funding under, and does not alter the

environmental requirements of 24 CFR parts 582, 583, and 882, subpart H

(Continuum of Care Program); part 574 (HOPWA Program); and part 891

(Section 202 Supportive Housing for the Elderly Program and Section 811

Program of Supportive Housing for Persons with Disabilities).

Accordingly, under 24 CFR 50.19(c)(5), this SuperNOFA is categorically

excluded from environmental review under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321). Activities under this SuperNOFA

are subject to the environmental review provisions that are specified

in the Environmental Requirements paragraph in each program section of

this SuperNOFA.

(B) Federalism, Executive Order 12612

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

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

contained in this SuperNOFA will not have substantial direct effects on

States or their political subdivisions, or on the relationship between

the Federal Government and the States, or on the distribution of power

and responsibilities among the various levels of government.

Specifically, the SuperNOFA solicits applicants 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 and local governments. As a result, the

[[Page 23996]]

SuperNOFA is not subject to review under the Order.

Applicants for funding under this SuperNOFA are subject to the

provisions of section 319 of the Department of Interior and Related

Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the

Byrd Amendment), which prohibits 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. Applicants are

required to certify, using the certification found at Appendix A to 24

CFR part 87, that they will not, and have not, used appropriated funds

for any prohibited lobbying activities. In addition, applicants must

disclose, using Standard Form LLL, ``Disclosure of Lobbying

Activities,'' any funds, other than Federally appropriated funds, that

will be or have been used to influence Federal employees, members of

Congress, and congressional staff regarding specific grants or

contracts. Tribes and tribally designated housing entities (THDEs)

established by an Indian tribe as a result of the exercise of the

tribe's sovereign power are excluded from coverage of the Byrd

Amendment, but tribes and TDHEs established under State law are not

excluded from the statute's coverage.)

(D) Section 102 of the HUD Reform Act; Documentation and Public Access

Requirements

Section 102 of the Department of Housing and Urban Development

Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the

regulations codified in 24 CFR part 4, subpart A, contain a number of

provisions that are designed to ensure greater accountability and

integrity in the provision of certain types of assistance administered

by HUD. On January 14, 1992 (57 FR 1942), HUD published a notice that

also provides information on the implementation of section 102. The

documentation, public access, and disclosure requirements of section

102 apply to assistance awarded under this SuperNOFA as follows:

(1) Documentation and public access requirements. HUD will ensure

that documentation and other information regarding each application

submitted pursuant to this SuperNOFA 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 5-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 in 24 CFR part 15.

(2) Disclosures. HUD will make available to the public for 5 years

all applicant disclosure reports (HUD Form 2880) submitted in

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

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

case for a period less than 3 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 5.

(3) Publication of Recipients of HUD Funding. HUD's regulations at

24 CFR 4.7 provide that HUD will publish a notice in the Federal

decisions made by the Department to provide:

(i) Assistance subject to section 102(a) of the HUD Reform Act; or

(ii) Assistance that is provided through grants or cooperative

agreements on a discretionary (non-formula, non-demand) basis, but that

is not provided on the basis of a competition.

(E) Section 103 HUD Reform Act

HUD's regulations implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a),

codified in 24 CFR part 4, apply to this funding competition. The

regulations continue to apply until the announcement of the selection

of successful applicants. HUD employees involved in the review of

applications and in the making of funding decisions are limited by the

regulations 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 or employees who have ethics related questions should

contact the HUD Ethics Law Division at (202) 708-3815. (This is not a

toll-free number.) For HUD employees who have specific program

questions, the employee should contact the appropriate field office

counsel, or Headquarters counsel for the program to which the question

pertains.

VIII. The FY 1998 SuperNOFA Process and Future HUD Funding Processes

In FY 1997, Secretary Cuomo took the first step in changing HUD's

funding process to better promote comprehensive, coordinated approaches

to housing and community development. In FY 1997, the Department

published related NOFAs on the same day or within a few days of each

other. In the individual NOFAs published in FY 1997, HUD advised that

additional steps on NOFA coordination may be considered for FY 1998.

The three SuperNOFAs to be published for FY 1998 represent the

additional step taken by HUD to improve HUD's funding process and

assist communities to make better use of available resources through a

coordinated approach. This new SuperNOFA process was developed based on

comments received from HUD clients and the Department believes it

represents a significant improvement over HUD's approach to the funding

process in prior years. For FY 1999, HUD may take even further steps to

enhance this process. HUD welcomes comments from applicants and other

members of the public on this process, and how it may be improved in

future years.

The description of program funding available under this third

SuperNOFA for Targeted Housing and Homeless Assistance Programs

follows.

Dated: April 23, 1998.

Saul N. Ramirez, Jr.,

Acting Deputy Secretary.

4210-32-P

Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /

Notices

[[Page 23997]]

[GRAPHIC] [TIFF OMITTED] TN30AP98.019

BILLING CODE 4210-32-C

Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /

Notices

[[Page 23999]]

Funding Availability for Continuum of Care Homeless Assistance

Programs--Supportive Housing Program (SHP), Shelter Plus Care

(S+C), Section 8 Moderate Rehabilitation Single Room Occupancy

Program for Homeless Individuals (SRO)

Program Description: The process of developing a Continuum of Care

system to assist homeless persons is part of the community's larger

effort of developing a Consolidated Plan. For a community to

successfully address its often complex and interrelated problems,

including homelessness, the community must marshall its varied

resources--community and economic development resources, social service

resources, housing and homeless assistance resources--and use them in a

coordinated and effective manner. The Consolidated Plan serves as the

vehicle for a community to comprehensively identify each of its needs

and to coordinate a plan of action for addressing them.

Approximately $700 million is being competed for the Continuum of

Care Homeless Assistance Programs. For this competition, approximately

$640 million is available in FY 1998, and it is anticipated that up to

an additional $60 million may be made available in FY 1999, subject to

appropriations. Any unobligated funds from previous competitions or

additional funds that may become available as a result of deobligations

or recaptures from previous awards may be used in addition to 1998

appropriations to fund applications submitted in response to this

program section of this SuperNOFA.

The funds available under this program section of this SuperNOFA

can be used under any of three programs that can assist in creating

community systems for combating homelessness. The three programs are:

(1) Supportive Housing; (2) Shelter Plus Care; and (3) Section 8

Moderate Rehabilitation for Single Room Occupancy Dwellings for

Homeless Individuals. The chart in the Attachment to this program

section of this SuperNOFA summarizes key aspects of the programs.

Program descriptions are contained in the applicable regulations cited

in the chart.

As in previous funding availability announcements for the Continuum

of Care Homeless Assistance Programs, amounts for each of the three

programs will not be specified this year. Instead, the distribution of

funds among the three programs will depend on locally determined

priorities and overall demand. HUD reserves the right to fund less than

the full amount requested in any application to ensure the fair

distribution of the funds and to ensure the purposes of these homeless

programs are met.

Application Due Date: Completed applications (an original

containing the original signed documentation and two copies) are due

before 12:00 midnight, Eastern time, on August 4, 1998 to the addresses

shown below. See the General Section of this SuperNOFA for specific

procedures governing the form of application submissions (e.g., mailed

applications, express mail, overnight delivery, or hand carried).

Electronic Submission: Applicants are highly encouraged to use a

special supplement to HUD's new Community Planning Software to prepare

the application. The special supplement has been programmed to produce

the charts and narratives that will meet both the requirements of the

homelessness sections of the Consolidated Plan and the identical

requirements of the Continuum of Care application. The supplement will

also produce the necessary project-specific information. If you choose

to use the supplement to prepare your Continuum of Care application,

you will submit the required information on 3\1/2\'' computer

diskettes, together with a paper copy of the entire application

including the signed cover sheet (SF-424), all required certifications

and other signed documentation, by the deadline. Please submit three

copies of these materials, as directed in the ADDRESSES FOR SUBMITTING

APPLICATIONS section below. The supplement may be obtained at no charge

by contacting the SuperNOFA Information Center by phone or internet as

specified below.

Addresses for Submitting Applications

To HUD Headquarters. The original completed application (containing

the original signed documentation) must be submitted to: Special Needs

Assistance Programs Office, Room 7270, Office of Community Planning and

Development, Department of Housing and Urban Development, 451 Seventh

Street, SW, Washington, DC 20410, Attention: Continuum of Care

Programs.

To the Appropriate CPD Field Office. Two copies of the completed

application must also be submitted to the Community Planning and

Development Division of the appropriate HUD Field Office for the

applicant's jurisdiction. Field Office copies must be received by the

deadline date as well, but a determination that an application was

received on time will be made solely on receipt of the application at

HUD Headquarters in Washington.

When submitting your application please refer to Continuum of Care

Programs, and include your name, mailing address (including zip code)

and telephone number (including area code).

For Application Kits, Further information, and Technical Assistance

Application Kits. For a copy of the application package, please

call the SuperNOFA Information Center at 1-800-HUD-8929 (voice) or 1-

800-483-2209 (TTY), or contact by Internet at http://www.HUD.gov.

For Further Information. For answers to your questions, you may

call the HUD Field Office serving your area, at the telephone number

shown in the application kit for this program, or you may contact the

Community Connections Information Center at 1-800-998-9999 (voice) or

1-800-483-2209 (TTY) or by Internet at: http://www.comcon.org/

ccprog.html.

Technical Assistance. Prior to the application deadline, HUD staff

will be available to provide general guidance, but not guidance in

actually preparing the application. HUD field office staff will also be

available to help identify organizations in your community that are

involved in developing the Continuum of Care system and, in the case of

renewals, to determine the HUD final year amount (e.g., leasing,

supportive services and operations for SHP, and rental assistance for

S+C). Following conditional selection, HUD staff will be available to

assist in clarifying or confirming information that is a prerequisite

to the offer of a grant agreement or Annual Contributions Contract by

HUD. However, between the application deadline and the announcement of

conditional selections, HUD will accept no information that would

improve the substantive quality of the application pertinent to the

funding decision.

Additional Information

I. Authority; Purpose; Prioritizing

(A) Authority

The Supportive Housing Program is authorized by title IV, subtitle

C, of the Stewart B. McKinney Homeless Assistance Act (McKinney Act),

42 U.S.C. 11381. Funds made available under this program section of the

SuperNOFA for the Supportive Housing Program are subject to the program

regulations at 24 CFR part 583.

The Shelter Plus Care program is authorized by title IV, subtitle

F, of the McKinney Act, 42 U.S.C. 11403. Funds made available under

this program section of the SuperNOFA for the

[[Page 24000]]

Shelter Plus Care program are subject to the program regulations at 24

CFR part 582.

The Section 8 Moderate Rehabilitation Program for Single Room

Occupancy Dwellings for Homeless Individuals (SRO) is authorized by

section 441 of the McKinney Act, 42 U.S.C. 11401. Funds made available

under this NOFA for the SRO program are subject to the program

regulations at 24 CFR part 882, subpart H.

(B) Purpose: Develop Continuum of Care Systems

The purpose of the Continuum of Care Homeless Assistance Programs

is to fund projects that will fill gaps in locally developed Continuum

of Care systems to assist homeless persons move to self-sufficiency and

permanent housing. A Continuum of Care system consists of four basic

components:

(1) A system of outreach and assessment for determining the needs

and conditions of an individual or family who is homeless;

(2) Emergency shelters with appropriate supportive services to help

ensure that homeless individuals and families receive adequate

emergency shelter and referral to necessary service providers or

housing finders;

(3) Transitional housing with appropriate supportive services to

help those homeless individuals and families who are not prepared to

make the transition to permanent housing and independent living; and

(4) Permanent housing, or permanent supportive housing, to help

meet the long-term needs of homeless individuals and families.

A Continuum of Care system is developed through a community-wide or

region-wide process involving nonprofit organizations (including those

representing persons with disabilities), government agencies, other

homeless providers, housing developers and service providers, private

foundations, neighborhood groups, and homeless or formerly homeless

persons. It should address the specific needs of each homeless

subpopulation: the jobless, veterans, persons with serious mental

illnesses, persons with substance abuse issues, persons with HIV/AIDS,

persons with multiple diagnoses, victims of domestic violence, youth,

and any others.

The community process used in developing a Continuum of Care system

must include interested veteran service organizations, particularly

veteran service organizations with specific experience in serving

homeless veterans, in order to ensure that the Continuum of Care system

addresses the needs of homeless veterans.

High scores under the Continuum of Care scoring criteria will be

assigned to applications that demonstrate the achievement of two basic

goals:

Have maximum participation by non-profit providers of

housing and services; homeless and formerly homeless persons; state and

local governments and agencies; veteran service organizations;

organizations representing persons with disabilities; the private

sector; housing developers; foundations and other community

organizations.

Create, maintain, and build upon a community-wide

inventory of housing and services for homeless families and

individuals; identify the full spectrum of needs of homeless families

and individuals; and coordinate efforts to obtain resources,

particularly resources sought through this program section of the

SuperNOFA, to fill gaps between the current inventory and existing

needs. This inventory must appropriately address all aspects of the

continuum, especially permanent housing.

In deciding the geographic area to be covered by a Continuum of

Care strategy, applicants should be aware that the single most

important factor in receiving funding under this competition will be

the strength of the Continuum of Care strategy when measured against

the Continuum of Care criteria described in this SuperNOFA. In

determining what jurisdictions to include in a Continuum of Care

strategy area, the applicant should include only those jurisdictions

that are involved in the development and implementation of the

Continuum of Care strategy.

Applicants should also be aware that the more jurisdictions

included in a Continuum of Care strategy area, the larger the pro rata

need share that will be allocated to the strategy area (as described in

Section III(A)(4) of this program section of the SuperNOFA). However,

it would be a mistake to include jurisdictions that are not fully

involved in the development and implementation of the Continuum of Care

strategy since this would adversely affect the Continuum of Care score.

Because most rural counties have extremely small pro rata need shares,

they may wish to consider working with larger groups of contiguous

counties to develop a region-wide or multi-county Continuum of Care

strategy covering the combined service areas of these counties.

Since the basic concept of a Continuum of Care strategy is the

creation of a single, coordinated, inclusive homeless assistance system

for an area, the areas covered by Continuum of Care strategies should

not overlap. If there are cases where the Continuum of Care strategies

geographically overlap to the extent that they are essentially

competing with each other, projects in the applications/Continuum of

Care that receive the highest score out of the possible 60 points for

Continuum of Care will be eligible for up to 40 points under Need.

Projects in the competing applications/Continuum of Care with the less

effective Continuum of Care strategies will be eligible for only 10

points under Need. In no case will the same geography be used more than

one time in assigning Need points. The local HUD field office can help

applicants determine if any of the area proposed for inclusion by one

Continuum of Care system is also likely to be claimed under another

Continuum of Care system in this competition.

Priority decisions are best made through a locally-driven process

and are key to the ultimate goal of reducing homelessness. As was done

in 1997, this year's application (1998) instructs that all projects

proposed for funding under this program section of the SuperNOFA be

listed in priority order from the highest priority to the lowest.

Generally, this priority order will mean, for example, that if funds

are only available to award 8 of 10 proposed projects, then funding

will be awarded to the first eight projects listed. HUD expects

nonprofit organizations to be given a fair role in establishing these

priorities.

This priority list will be used in awarding up to 40 points per

project under the ``Need'' scoring criteria. Higher priority projects

will receive more points under Need than lower priority projects. If a

complete project priority chart is not submitted for the continuum,

then all projects will receive the lowest score for Need.

Project renewals. Consistent with the Continuum of Care approach,

HUD funds that are needed to continue grants that will be expiring in

1999 (Supportive Housing grants, Supportive Housing Demonstration

Program grants, SAFAH grants, and Shelter Plus Care grants, as

described below) will only be available through the competitive process

described in this program section of the SuperNOFA.

The need for the continuation of previously funded projects must be

considered in the local needs analysis process and a decision should be

made locally on the priority to assign to the continuation of a

project. HUD will not fund renewals out of order on the priority list.

It is important that the

[[Page 24001]]

applicant, regardless of the priority assigned to expiring projects,

has fully considered how persons currently being served by those

projects will continue to be served, and has addressed this issue in

its gap analysis. In last year's competition, numerous renewal projects

that were not assigned top priority by a locality did not receive

funding. To the extent a community desires to have such projects

renewed, it should give them the top priorities on the priority

projects listing in the application. Since renewal projects receive no

special consideration during the review, it is important that they meet

minimum project eligibility, capacity, and quality standards identified

in this program section of the SuperNOFA or they will be rejected. For

the renewal of a Supportive Housing Program project, Supportive Housing

Demonstration Program project or SAFAH project, you may request funding

for one (1), two (2) or three (3) years. The amount of this request can

be up to the total of HUD grant funds for leasing, operations, and

supportive services approved for the final year of the expiring grant's

term. For the renewal of a Shelter Plus Care project, the grant term is

fixed at five (5) years as required by statute. You may request up to

the amount determined by multiplying the number of units under lease at

the time of application for renewal funding under this SuperNOFA by the

applicable current Fair Market Rent(s) by 60 months. While full funding

of existing grants may be requested, there is no guarantee that the

entire amount will be awarded.

This program section of the SuperNOFA is not applicable to the

renewal of funding under the SRO program. For further guidance on SRO

renewals, please contact your local HUD Field Office.

Applicants eligible to apply for renewal of a grant are only those

that have executed a grant agreement for the project directly with HUD.

Project sponsors or subrecipients who have not signed such an agreement

are not eligible to serve as applicant for renewal of these projects.

The local HUD field office can provide assistance in determining

eligibility to apply for project renewal. To be considered an applicant

when applying as part of a consolidated application, the eligible

applicant must submit an originally signed HUD Form SF-424 and the

necessary certifications and assurances.

II. Application Requirements

The application kit provides the application materials, including

Form SF-424 and certifications, that must be used in applying for

homeless assistance under this SuperNOFA. These application materials

substitute for the forms, certifications, and assurances listed in

Section II(G) of the General Section of the SuperNOFA.

The application requires a description of the Continuum of Care

system and proposed project(s). It also contains certifications that

the applicant will comply with fair housing and civil rights

requirements, program regulations, and other Federal requirements, and

(where applicable) that the proposed activities are consistent with the

HUD-approved Consolidated Plan of the applicable State or unit of

general local government, including the Analysis of Impediments to Fair

Housing and the Action Plan to address these impediments. Projects

funded under this SuperNOFA shall operate in a fashion that does not

deprive any individual of any right protected by the Fair Housing Act

(42 U.S.C. 3601-19), section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794) or the Americans With Disabilities Act of 1990 (42 U.S.C.

12101 et seq.) Section II(D) of the General Section of this SuperNOFA

regarding Affirmatively Furthering Fair Housing does not apply to the

Continuum of Care Homeless Assistance programs.

There are three options for submitting an application under this

program section of the SuperNOFA.

One: A ``Consolidated Application'' is submitted when a

jurisdiction (or a consortium of jurisdictions) submits a single

application encompassing a Continuum of Care strategy and containing

all the projects within that strategy for which funding is being

requested. Individual projects are contained within the one

consolidated application. Grant funding may go to one entity which then

administers all funded projects submitted in the application, or under

this option, grant funding may go to all or any of the projects

individually. Your application will specify the grantee for each

project.

Two: ``Associated Applications'' are submitted when applicants plan

and organize a single Continuum of Care strategy which is adopted by

project sponsors or operators who choose to submit separate

applications for projects while including the identical Continuum of

Care strategy. In this case, project funding would go to each

successful applicant individually and each would be responsible to HUD

for administering its separate grant.

Three: A ``Solo Application'' is submitted when an applicant

applies for a project exclusive of participation in any community-wide

or region-wide Continuum of Care development process.

Options one and two are not substantively different and will be

considered equally competitive. Applicants are advised that projects

that are not a part of a Continuum of Care strategy will receive few,

if any, points under the Continuum of Care rating criteria.

III. Application Selection Process

(A) Review, Rating and Conditional Selection

HUD will use the same review, rating, and conditional selection

process for all three programs (S+C, SRO, and SHP). The standard

factors for award identified in the General Section of this SuperNOFA

have been modified in this program section as described below. Only the

criteria described in this program section--Continuum of Care and

Need--will be used to assign points. To review and rate applications,

HUD may establish panels, including persons not currently employed by

HUD, to obtain certain expertise and outside points of view, including

views from other Federal agencies. Two types of reviews will be

conducted. Paragraphs (1) and (2) below describe threshold reviews and

paragraphs (3) and (4) describe criteria--Continuum of Care and Need--

that will be used to assign points. Up to 104 points (including bonus

points and points for the court-ordered consideration described in

Section III(C)(1) and (2) of the General Section of the SuperNOFA) will

be assigned using these criteria.

(1) Applicant and sponsor eligibility and capacity. Applicant and

project sponsor capacity will be reviewed to ensure the following

eligibility and capacity standards are met. If HUD determines these

standards are not met, the project will be rejected from the

competition.

The applicant must be eligible to apply for the specific

program;

The applicant must demonstrate that there is sufficient

knowledge and experience to carry out the project(s). With respect to

each proposed project, this means that in addition to knowledge of and

experience with homelessness in general, the organization carrying out

the project, its employees, or its partners, must have the necessary

experience and knowledge to carry out the specific activities proposed,

such as housing development, housing management, and service delivery;

If the applicant or project sponsor is a current or past

recipient of assistance under a HUD McKinney Act program or

[[Page 24002]]

the HUD Single Family Property Disposition Homeless Program, there must

be no project or construction delay, HUD finding, or outstanding audit

finding of a material nature regarding the administration of HUD

McKinney Act programs or the HUD Single Family Property Disposition

Homeless Program; and

The applicant and project sponsors must be in compliance

with applicable civil rights laws and Executive Orders, and must meet

the threshold requirements of Section II(B) of the General Section of

the SuperNOFA.

(2) Project eligibility and quality. Each project will be reviewed

to determine if it meets the following eligibility and threshold

quality standards. If HUD determines the following standards are not

met by a specific project or activity, the project or activity will be

rejected from the competition.

The population to be served must meet the eligibility

requirements of the specific program, as described in the application

instructions;

The activity(ies) for which assistance is requested must

be eligible under the specific program, as described in the program

regulations;

The housing and services proposed must be appropriate to

the needs of the persons to be served. HUD may find a project to be

inappropriate if:

--The type and scale of the housing or services clearly does not fit

the needs of the proposed participants (e.g., housing homeless families

with children in the same space as homeless individuals, or separating

members of the same family, without an acceptable rationale provided);

--Participant safety is not addressed;

--The housing or services are clearly designed to principally meet

emergency needs rather than helping participants achieve self-

sufficiency;

--Transportation and community amenities are not available and

accessible; or

--Housing accessibility for persons with disabilities is not provided

as required by applicable laws;

The project must be cost-effective in HUD's opinion,

including costs associated with construction, operations, and

administration, with such costs not deviating substantially from the

norm in that locale for the type of structure or kind of activity;

Supportive services only projects, and all others, must

show how participants will be helped to access permanent housing and

achieve self-sufficiency;

For the Section 8 SRO program, at least 25 percent of the

units to be assisted at any one site must be vacant at the time of

application; and

For those projects proposed under the SHP innovative

category: Whether or not a project is considered innovative will be

determined on the basis that the particular approach proposed is new to

the area, is a sensible model for others, and can be replicated.

(3) Continuum of Care. Up to 60 points will be awarded as follows:

(a) Process and Strategy. Up to 30 points will be awarded based on

the extent to which the application demonstrates:

The existence of a quality and inclusive community

process, including organizational structure(s), for developing and

implementing a Continuum of Care strategy which includes nonprofit

organizations (such as veterans service organizations, organizations

representing persons with disabilities, and other groups serving

homeless persons), State and local governmental agencies, other

homeless providers, housing developers and service providers, private

foundations, local businesses and the banking community, neighborhood

groups, and homeless or formerly homeless persons, as articulated in

Section I(D) of this program section of the SuperNOFA; and

That a quality and comprehensive strategy has been

developed which addresses the components of a Continuum of Care system

(i.e., outreach, intake, and assessment; emergency shelter;

transitional housing; permanent and permanent supportive housing) and

that strategy has been designed to serve all homeless subpopulations in

the community (e.g., seriously mentally ill, persons with multiple

diagnoses, veterans, persons with HIV/AIDS), including those persons

living in emergency shelters, supportive housing for homeless persons,

or in places not designed for, or ordinarily used as, a regular

sleeping accommodation for human beings.

(b) Gaps and Priorities. Up to 20 points will be awarded based on

the extent to which the application:

Describes the gap analysis performed, uses reliable

information and sources that are presented completely and accurately,

and establishes the relative priority of homeless needs identified in

the Continuum of Care strategy; and

Proposes projects that are consistent with the priority

analysis described in the Continuum of Care strategy, describes a fair

project selection process, explains how gaps identified through the

analysis are being addressed, and correctly completes the priority

chart.

In reviewing a community's Continuum of Care and determining the

points to assign, HUD will consider whether the community took its

renewal needs into account in preparing its project priority list.

on the extent to which the application demonstrates leveraging of funds

requested under this program section of the SuperNOFA with other

resources, including private, other public, and mainstream services and

housing programs.

(d) EZ/EC bonus points. As provided for in Section III(C)(1) of the

General Section of this SuperNOFA, a bonus of up to 2 points will be

added to the Continuum of Care score when some proposed homeless

assistance projects will be located within the boundaries and/or will

principally serve the residents of a federal Empowerment Zone,

Enterprise Community or Enhanced Enterprise Community (collectively

``EZ/EC'') if priority placement will be given by the project to

homeless persons living on the streets or in shelters within the EZ/EC,

or whose last known address was within the EZ/EC. In order for a

Continuum of Care system to receive any of the bonus points, the

applicant must specifically state how it meets the EZ/EC bonus

criterion, and provide a narrative describing the extent of the

linkages and coordination between proposed projects and the EZ/EC. The

greater the extent of EZ/EC involvement in and coordination with the

implementation strategy for the Continuum of Care system and projects,

the greater the likelihood that bonus points will be awarded.

(e) Court-ordered consideration. Section III(C)(2) of the General

Section is applicable to this program.

(4) Need. Up to 40 points will be awarded for need. There is a

three-step approach to determining the need scores to be awarded to

projects:

(a) Determining relative need: To determine the homeless assistance

need of a particular jurisdiction, HUD will use nationally available

data, including the following factors as used in the Emergency Shelter

Grants program: data on poverty, housing overcrowding, population, age

of housing, and growth lag. Applying those criteria to a particular

jurisdiction provides an estimate of the relative need index for that

jurisdiction compared to other jurisdictions applying for assistance

under this program section of the SuperNOFA.

(b) Applying relative need: That relative need index is then

applied to the total amount of funding estimated to

[[Page 24003]]

be available under this program section of the SuperNOFA to determine a

jurisdiction's pro rata need. HUD reserves the right to adjust pro rata

need, if necessary, to address the issue of project renewals.

established, it is applied against the priority project list in the

application. Starting from the highest priority project, HUD proceeds

down the list to include those projects whose total funding equals that

jurisdiction's pro rata need. Those priority projects which fall within

that pro rata need each receive the full 40 points for need.

Thereafter, HUD proceeds further down the priority project list until

two (2) times the pro rata need is reached and each of those projects

receive 20 points. Remaining projects each receive 10 points. If a

project priority chart is not submitted for the continuum, then all

projects will receive 10 points for Need.

In the case of competing applications from a single jurisdiction or

service area, projects in the application that received the highest

score out of the possible 60 points for Continuum of Care are eligible

for up to 40 points under Need. Projects in the competing applications

with lower Continuum of Care scores are eligible for only 10 points

under Need.

(5) Ranking. The score for Continuum of Care will be added to the

Need score in order to obtain a total score for each project. The

projects will then be ranked from highest to lowest according to the

total combined score.

(6) Conditional Selection and Adjustments to Funding.

(a) Conditional Selection. Whether a project is conditionally

selected, as described in Section IV below, will depend on its overall

ranking compared to others, except that HUD reserves the right to

select lower rated eligible projects that are part of comprehensive,

coordinated, and inclusive Continuum of Care systems that would not

otherwise receive funding if necessary to achieve geographic diversity.

When insufficient funds remain to fund all projects having the same

total score, HUD will break ties by comparing scores received by the

projects for each of the following scoring factors, in the order shown:

Need, Overall Continuum of Care (COC) score, COC Process and Strategy,

COC Gaps and Priorities, and COC Supplemental Resources. The final tie-

breaking factor is the priority number of the competing projects on the

applicable COC priority list(s).

(b) Adjustments to Funding. HUD may adjust funding of applications

in accordance with the provisions of Section III(E) of the General

Section of the SuperNOFA. HUD also reserves the right to ensure that a

project that is applying for and eligible for selection under this

competition is not awarded funds that duplicate activities.

(7) Additional selection considerations. HUD will also apply the

limitations on funding described below in making conditional

selections.

In accordance with section 429 of the McKinney Act, HUD will award

Supportive Housing funds as follows: not less than 25 percent for

projects that primarily serve homeless families with children; not less

than 25 percent for projects that primarily serve homeless persons with

disabilities; and not less than 10 percent for supportive services not

provided in conjunction with supportive housing. After projects are

rated and ranked, based on the criteria described above, HUD will

determine if the conditionally selected projects achieve these minimum

percentages. If not, HUD will skip higher-ranked projects in a category

for which the minimum percent has been achieved in order to achieve the

minimum percent for another category. If there are an insufficient

number of conditionally selected projects in a category to achieve its

minimum percent, the unused balance will be used for the next highest-

ranked approvable Supportive Housing project.

In accordance with section 463(a) of the McKinney Act, as amended

by the Housing and Community Development Act of 1992, at least 10

percent of Shelter Plus Care funds will be awarded for each of the four

components of the program: Tenant-based Rental Assistance; Sponsor-

based Rental Assistance; Project-based Rental Assistance; and Section 8

Moderate Rehabilitation of Single Room Occupancy Dwellings for Homeless

Individuals (provided there are sufficient numbers of approvable

projects to achieve these percentages). After projects are rated and

ranked, based on the criteria described below, HUD will determine if

the conditionally selected projects achieve these minimum percentages.

If necessary, HUD will skip higher-ranked projects for a component for

which the minimum percent has been achieved in order to achieve the

minimum percent for another component. If there are an insufficient

number of approvable projects in a component to achieve its minimum

percent, the unused balance will be used for the next highest-ranked

approvable Shelter Plus Care project.

In accordance with section 455(b) of the McKinney Act, no more than

10 percent of the assistance made available for Shelter Plus Care in

any fiscal year may be used for programs located within any one unit of

general local government. In accordance with section 441(c) of the

McKinney Act, no city or urban county may have Section 8 SRO projects

receiving a total of more than 10 percent of the assistance made

available under this program. HUD is defining the 10 percent

availability this fiscal year as $10 million for Shelter Plus Care and

$10 million for Section 8 SRO. However, if the amount awarded under

either of these two programs exceeds $100 million, then the amount

awarded to any one unit of general local government (for purposes of

the Shelter Plus Care program) or city or urban county (for the

purposes of the SRO program) could be up to 10 percent of the actual

total amount awarded for that program.

Lastly, HUD reserves the right to reduce the amount of a grant if

necessary to ensure that no more than 10 percent of assistance made

available under this program section of the SuperNOFA will be awarded

for projects located within any one unit of general local government or

within the geographic area covered by any one Continuum of Care. If HUD

exercises a right it has reserved under this program section of the

SuperNOFA, that right will be exercised uniformly across all

applications received in response to this program section of the

SuperNOFA.

IV. Funding Award Process

HUD will notify conditionally selected applicants in writing. As

necessary, HUD will subsequently request them to submit additional

project information, which may include documentation to show the

project is financially feasible; documentation of firm commitments for

cash match; documentation showing site control; information necessary

for HUD to perform an environmental review, where applicable; and such

other documentation as specified by HUD in writing to the applicant,

that confirms or clarifies information provided in the application.

SHP, SRO, S+C and S+C/SRO applicants will be notified of the deadline

for submission of such information. If an applicant is unable to meet

any conditions for fund award within the specified timeframe, HUD

reserves the right not to award funds to the applicant, but instead to

either: use them to select the next highest ranked application(s) from

the original competition for which there are sufficient funds

available; or add them to funds available for the next competition for

the applicable program.

[[Page 24004]]

V. Program Limitations

(A) SRO Program

Applicants need to be aware of the following limitations that apply

to the Section 8 SRO program:

Under section 8(e)(2) of the United States Housing Act of

1937, no single project may contain more than 100 assisted units;

Under 24 CFR 882.802, applicants that are private

nonprofit organizations must subcontract with a Public Housing

Authority to administer the SRO assistance;

Under section 8(e)(2) of the United States Housing Act of

1937 and 24 CFR 882.802, rehabilitation must involve a minimum

expenditure of $3000 for a unit, including its prorated share of work

to be accomplished on common areas or systems, to upgrade conditions to

comply with the Housing Quality Standards.

Under section 441(e) of the McKinney Act and 24 CFR

882.805(d)(1), HUD publishes the SRO per unit rehabilitation cost limit

each year to take into account changes in construction costs. This cost

limitation applies to rehabilitation that is compensated for in a

Housing Assistance Payments Contract. For purposes of Fiscal Year 1998

funding, the cost limitation is raised from $16,900 to $17,200 per unit

to take into account increases in construction costs during the past

12-month period.

(B) Shelter Plus Care/Section 8 SRO Component

With regard to the SRO component of the Shelter Plus Care program,

applicant States, units of general local government and Indian tribes

must subcontract with a Public Housing Authority to administer the

Shelter Plus Care assistance. Also with regard to this component, no

single project may contain more than 100 units.

VI. Timeliness Standards

Applicants are expected to initiate their approved projects

promptly. If implementation difficulties occur, applicants need to be

aware of the following timeliness standards:

(A) Supportive Housing Program

HUD will deobligate SHP funds if site control has not been

demonstrated within one (1) year after initial notification of the

grant award, as provided in 24 CFR 583.320(a), subject to the

exceptions noted in that regulation.

Except where HUD finds that delay was due to factors

beyond the control of the grantee, HUD may deobligate SHP funds if the

grantee does not meet the following additional timeliness standards:

--Construction activities must begin within eighteen (18) months after

initial notification of the grant award and be completed within thirty-

six (36) months after that notification.

--For activities that cannot begin until construction activities are

completed, such as supportive service or operating activities that will

be conducted within the building being rehabilitated or newly

constructed, these activities must begin within three (3) months after

the construction is completed.

--For all activities that may proceed independent of construction

activities, these activities must begin within twelve (12) months after

initial notification of the grant award.

(B) Shelter Plus Care Program Components Except SRO Component

Except where HUD finds that delay was due to factors beyond the

control of the grantee, HUD will deobligate S+C funds if the grantee

does not meet the following timeliness standards:

For Tenant-based Rental Assistance, for Sponsor-based

Rental Assistance, and for Project-based Rental Assistance without

rehabilitation, the rental assistance must begin within twelve (12)

months of the initial announcement of the grant award.

For Project-based Rental Assistance with rehabilitation,

the rehabilitation must be completed within twelve (12) months of

initial notification of the grant award.

For projects carried out under the SRO program and the SRO

component of the S+C program, the rehabilitation work must be completed

and the Housing Assistance Payments contract executed within twelve

(12) months of execution of the Annual Contributions Contract. HUD may

reduce the number of units or the amount of the annual contribution

commitment if, in the determination of HUD, the Public Housing

Authority fails to demonstrate a good faith effort to adhere to this

schedule.

VII. Linking Supportive Housing Programs and AmeriCorps

Applicants for the Supportive Housing Program are encouraged to

link their proposed projects with AmeriCorps, a national service

program engaging thousands of Americans on a full or part-time basis to

help communities address their toughest challenges, while earning

support for college, graduate school, or job training. For information

about AmeriCorps SHP partnerships, call the Corporation for National

Service at (202) 606-5000 extension 486.

VIII. Other Matters

(A) Corrections to Deficient Applications

The General Section of the SuperNOFA provides the procedures for

corrections to deficient applications (See Section V of the General

Section).

(B) Environmental Requirements

All Continuum of Care assistance is subject to the National

Environmental Policy Act of 1969 and related Federal environmental

authorities. No Federal or non-Federal funds or assistance that limits

reasonable choices or could produce a significant adverse environmental

impact may be committed to a project until all required environmental

reviews and notifications have been completed. Conditional selection of

projects under the Continuum of Care Program is subject to the

environmental review requirements under 24 CFR 582.230, 583.230, and

882.804(c), as applicable.

To the extent that any housing assistance (including rental

assistance) funded through this program section of the SuperNOFA is

used for housing rehabilitation (including reduction and abatement of

lead-based paint hazards, but excluding routine maintenance, repair,

and replacement) or housing construction, then it is subject to section

3 of the Housing and Urban Rehabilitation Act of 1968, and the

implementing regulations at 24 CFR part 135. Section 3, as amended,

requires that economic opportunities generated by certain HUD financial

assistance for housing and community development programs shall, to the

greatest extent feasible, be given to low- and very low-income persons,

particularly those who are recipients of government assistance for

housing, and to businesses that provide economic opportunities for

these persons.

BILLING CODE 4210-32-P

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[GRAPHIC] [TIFF OMITTED] TN30AP98.021

Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /

Notices

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[GRAPHIC] [TIFF OMITTED] TN30AP98.022

BILLING CODE 4210-32-C

Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /

Notices

[[Page 24009]]

Housing Opportunities for Persons With AIDS (HOPWA)

Program Description: Approximately $20,150,000 is available for

housing assistance and supportive services under the Housing

Opportunities for Persons With AIDS (HOPWA) program.

Application Due Date: Completed applications must be submitted no

later than 12:00 midnight, Eastern time, on July 10, 1998 at HUD

Headquarters. See the General Section of this SuperNOFA for specific

procedures governing the form of application submission (e.g., mailed

applications, express mail, overnight delivery, or hand carried).

Address for Submitting Applications: The completed original

application must be submitted to: Processing and Control Branch, Office

of Community Planning and Development, Department of Housing and Urban

Development, 451 Seventh Street, SW, Room 7251, Washington, DC 20410.

The original application submitted to HUD headquarters is considered

the official application.

In addition, two (2) copies of this application must also be

submitted to the area CPD Field Office or Offices that serve the area

in which activities are proposed; the list of addresses for area CPD

Field Offices is provided in the HOPWA application kit. An applicant

that proposes nationwide activities should file the two copies with

their original with the HUD headquarters office. When submitting your

applications, please refer to HOPWA, and include your name, mailing

address (including zip code) and telephone number (including area

code).

For Application Kits, Further Information and Technical Assistance

For an application kit, supplemental information, and technical

assistance please call the SuperNOFA Information Center at 1-800-HUD-

8929 (1-800-483-8929). Persons with hearing or speech impairments may

call the Center's TTY number at 1-800-483-2209. The application kit

also will be available on the Internet through the HUD web site at

http://www.HUD.gov. When requesting an application kit, please refer to

HOPWA and provide your name, address (including zip code), and

telephone number (including area code).

Additional Information

I. Authority; Purpose; Amount Allocated; and Eligibility

(A) Authority

This program is authorized under the AIDS Housing Opportunity Act

(42 U.S.C. 12901). The regulations for HOPWA are found at 24 CFR part

574.

(B) Purpose

Under selection procedures established in Section II of this NOFA,

the funds available under this NOFA will be used to fund projects for

low-income persons with HIV/AIDS and their families under two

categories of assistance:

(1) Grants for Special Projects of National Significance (SPNS)

that, due to their innovative nature or their potential for

replication, are likely to serve as effective models in addressing the

housing and related supportive service needs of eligible persons; and

(2) Grants for projects that are part of Long-Term Comprehensive

Strategies (Long-Term) for providing housing and related supportive

services for eligible persons in areas that are not eligible for HOPWA

formula allocations.

Approximately $20,150,000 is being made available by this NOFA.

Additional funds may be awarded if funds are recaptured, deobligated,

appropriated or otherwise made available during the fiscal year.

(1) Maximum grant amounts. The maximum amount that an applicant may

receive is $1,000,000 for program activities (e.g., activities that

directly benefit clients). An applicant may also receive up to 3

percent of the amount that is awarded for program activities for

grantee administrative costs and, if the application involves project

sponsors, up to 7 percent of the amount that is provided to project

sponsors for program activities for the project sponsors'

administrative costs. In addition, up to $50,000 may be requested to

collect data on project outcomes. HUD reserves the right to reduce the

amount requested for data collection on project outcomes in relation to

the amount requested for program activities.

For example, an applicant that proposes to use $1,000,000 for

housing assistance could receive up to an additional $100,000 for

administrative costs (potentially up to $30,000 for grantee

administrative costs and up to $70,000 for project sponsors'

administrative costs if the sponsors carry out that assistance) and

$50,000 for data collection. Due to statutory limits on administrative

costs, no project sponsor administrative costs are available in cases

where the grantee directly carries out the program activities and that

grantee is limited to using up to 3 percent of the grant amount for

administering the grant. An applicant should note that the costs of

staff that are carrying out the program activities may be included in

those program activity costs and that costs may be prorated between

categories as may be appropriate. A sponsor is only eligible to use up

to 7 percent of the amount that they receive for the sponsor's

administrative costs.

(2) Award modifications. See the General Section of this SuperNOFA

for information with regard to adjustments to funding. HUD also

reserves the right to ensure that a project that is applying for and

eligible for selection under this and other competitions, including the

FY 1998 Continuum of Care Homeless Assistance NOFA, is not awarded

funds that duplicate activities.

(D) Eligible Applicants

(1) States, units of general local government, and nonprofit

organizations may apply for grants for Special Projects of National

Significance.

(2) Certain States and units of general local government may apply

for grants for projects under the Long-Term category of grants, if the

proposed activities will serve areas that were not eligible to receive

HOPWA formula allocations in fiscal year 1998. An appendix in the

application kit will describe the formula areas. Nonprofit

organizations are not eligible to apply directly for the Long-Term

category of grants but may serve as a project sponsor for an eligible

State or local government grantee.

The HOPWA regulations at 24 CFR 574.3 provide for a definition of

nonprofit organization, and eligibility of these organizations is

further addressed in the application kit.

(E) Eligible Activities

The following eligible activities are subject to standards and

limitations found in 24 CFR part 574:

(1) Housing information services (including fair housing

counseling).

(2) Project-based or tenant-based rental assistance.

(3) New construction of a community residence or SRO dwelling.

(4) Acquisition, rehabilitation, conversion, lease or repair of

facilities to provide housing and services.

(5) Operating costs for housing.

(6) Short-term rent, mortgage and utility payments to prevent

homelessness.

(7) Supportive services.

(8) Administrative expenses.

(9) Resource identification and technical assistance;

Under this NOFA, applicants may propose to operate technical

assistance

[[Page 24010]]

and/or resource identification activities that help communities and

organizations develop housing resources for persons with HIV/AIDS and

their families. Generally, this assistance can be used to help

communities to improve community-based needs assessments, undertake

multiple-year HIV/AIDS housing planning, enhance facility operations

and refine other management practices of organizations that provide or

plan to provide housing assistance and/or related supportive services

for persons living with HIV/AIDS and their families. This assistance

can also be used to provide support for HOPWA project sponsors in the

form of advice and training. These activities should help build the

capacity of sponsors to undertake housing development, to operate

housing programs, and use of funds in compliance with the Consolidated

Planning Process and the Grants Management System. Funds may be used to

provide assistance in developing community-based needs assessments and

assistance for State-wide, metropolitan, nonmetropolitan and/or rural

areas in development of area multiyear HIV and AIDS housing plans, and

for research and information services. Applications to provide

technical assistance and resource identification on a national or

multijurisdictional basis also may be proposed.

HUD has received community recommendations that the program place

additional emphasis on assistance in the planning, development, and

operation of projects as well as in undertaking the evaluation of

performance from grantees and project sponsors that have been

administering HOPWA formula allocations and/or competitive grants. The

proposed use of funds for technical assistance and resource

identification would also help respond to these recommendations; and

(10) Other activities that are proposed in an application and

approved by HUD, including data collection on project outcomes;

however, HUD will not approve proposals that depend on future decisions

on how funds are to be used, for example, a proposal to establish a

local request-for-proposal process to select sponsors and activities.

Project Outcomes. Under item (10), applicants are encouraged to

apply for funds to collect data on project outcomes, particularly

client outcomes. In addition, data may be collected on changes to

housing and supportive services delivery systems as a result of the

model project, including changes resulting from any innovative

features. A plan for the collection of data and the reporting of

information on project outcomes to HUD should be provided by applicants

requesting funds for this purpose.

In offering funds for outcomes data collection, this NOFA

recognizes the importance of collecting information on model and

innovative projects to support further improvements and reforms to the

local assistance programs for persons with HIV/AIDS and their families

and to be used in national evaluations.

As noted above in Section I(C)(1), an applicant may request up to

$50,000 to collect information and report to HUD, or a third party

designated by HUD, on project outcomes.

If funds are requested, the applicant must propose data collection

activities in their application. The persons who will conduct these

activities may include expert third-party assistance. Generally, this

person will help a project:

(a) Define monitoring questions that will be addressed and examined

during the project period;

(b) Specify outcome measures;

outcomes;

(d) Train project staff in the collection of the data, including

preparation of standard Annual Progress Reports to HUD;

(e) Monitor data collection activities to assure that submissions

are complete and accurate, including data coding and entry;

(f) Summarize the data collected; and

(g) Prepare reports summarizing findings.

II. Program Requirements

(A) Performance Measures and Project Goals and Objectives

Applicants should establish and describe performance goals and

objectives that are important in developing the proposed projects and

that will be used to evidence accomplishments under the HOPWA

performance measures. These goals and objectives (i.e., specific,

achievable and time-limited statements) will be a basis for a review of

project outcomes and help establish the nature of possible findings

that would be disseminated to the benefit of other projects.

As standard, program-wide performance measures, applicants should

use the following:

(1) In the area to be served, increase the number of short-term

housing units (that may include access to related supportive services)

by an estimated ``xx'' by the end of the program year. For example, a

transitional program that provides five units that are used in

conjunction with drug and/or alcohol abuse treatment and counseling

and/or mental health services with a plan for client outplacement to

other housing.

(2) In the area to be served, increase the number of permanent

housing units by an estimated ``xx'' by the end of the program year.

For example, a program designed to offer 25 rental vouchers and

assistance to participants in finding housing with access to service

components that could assist clients in maintaining daily living

activities through an appropriate range of support.

(B) Performance Benchmarks

Funds received under this competition are expected to be expended

within 3 years following the date of the signing of a grant agreement.

As a condition of the grant, selected projects are expected to

undertake activities based on the following performance benchmarks:

(1) A project that involves the acquisition or leasing of a site is

required to gain site control within one year of their selection (i.e,

one year from the date of the signing of their selection letter by

HUD);

(2) If the project is proposing to use HOPWA funds to undertake

rehabilitation or new construction activities, the project is required

to begin the rehabilitation or construction within 18 months of their

selection and to complete the activity within 3 years of that date; and

(3) Except for a project that involves HOPWA-funded rehabilitation

or construction activities, the project is required to begin program

operations within one year of their selection. If a selected project

does not meet the appropriate performance benchmark, HUD reserves the

right to cancel or withdraw the grant selection or otherwise deobligate

awarded funds. In exercising this right, the Secretary may waive a

termination action in cases that HUD determines evidence that the delay

and failure to meet the performance benchmark are due to factors that

were beyond the control of the grantee.

In FY 1998, a total of $183.6 million was allocated by formula to

the qualifying cities for 59 eligible metropolitan statistical areas

(EMSAs) and to 29 eligible States for areas outside of EMSAs. All HOPWA

formula grants are available as part of the jurisdiction's Consolidated

Plan, which also includes the Community Development Block Grant, HOME

Investment Partnerships program, and Emergency Shelter Grants. Plans

are

[[Page 24011]]

developed through a public process that assesses area needs, creates a

multiple-year strategy and proposes an action plan for use of Federal

funds and other community resources in a coordinated and comprehensive

manner. Information on consolidated planning, including HOPWA formula

programs, is available on the HUD HOME Page at www.hud.gov/cpd/

cpdallst.html.

III. Application Selection Process

(A) HOPWA Application Reviews

HOPWA Applications will be reviewed to ensure that they meet the

threshold requirements found in Section II of the General Section of

the Super NOFA. Applications will also be reviewed to ensure that:

(1) A Certification of Consistency with Consolidated Plans is

provided. Under the HOPWA program, proposed activities that are located

in a jurisdiction are required to be consistent with the jurisdiction's

current, approved Consolidated Plan, including the Analysis of

Impediments to Fair Housing and the Action Plan to address these

impediments, except that this certification is not required for

projects that propose to undertake activities on a national basis; and

(2) The applicant is currently in compliance with the Federal

requirements contained in 24 CFR part 574, subpart G, ``Other Federal

Requirements.''

(B) The HOPWA Competition

This national competition will involve the review, rating, and

selection of HOPWA applications under each of the two categories of

assistance (Special Projects of National Significance (SPNS), and Long-

Term Comprehensive Strategies (Long-Term) in areas that do not qualify

for HOPWA formula allocations).

HOPWA applications will be rated based on the criteria listed

below. The rating factors are common for all applications, except that

some elements are specific for an application that is submitted under

the Special Projects of National Significance category, and other

elements are specific for an application that is submitted under the

second category for Projects that are part of Long-Term Comprehensive

Strategies in areas that do not qualify for HOPWA formula allocations.

(D) Factors for Award Used To Evaluate and Rate Applications

The factors for rating and ranking applicants, and maximum points

for each factor, are provided below. The points awarded for the factors

total 100. In addition, bonus points available under Section III(C)(2)

of the General Section of this SuperNOFA apply to this competition.

After rating, these applications will be placed in the rank order of

their final score for selection within the appropriate category of

assistance.

Rating Factor 1: Capacity of the Applicant and Project Sponsors and

Relevant Organizational Experience (20 Points)

This factor addresses the extent to which the applicant and any

project sponsor has the organizational resources necessary to

successfully implement the proposed activities in a timely manner.

HUD will award up to 20 points based on the ability of the

applicant and any project sponsor to develop and operate the proposed

program, such as housing development, management of housing facilities

or units, and service delivery, in relation to which entity is carrying

out an activity.

(1) With regard to both the applicant and the project sponsor(s),

HUD will consider:

(a) Past experience and knowledge in serving persons with HIV/AIDS

and their families;

(b) Past experience and knowledge in programs similar to those

proposed in the application;

performance and disseminating information on project outcomes; and

(d) The applicant's past experience as measured by expenditures and

measurable progress in achieving the purpose for which funds were

provided.

(2) In reviewing the elements of paragraph (1), HUD will consider

the extent to which the proposal demonstrates:

(a) The knowledge and experience of the proposed project director

and staff, including the day-to-day program manager, consultants and

contractors in planning and managing the kind of activities for which

funding is being requested. The applicant and any project sponsor will

be judged in terms of recent, relevant and successful experience of

their staff to undertake eligible program activities, including

experience and knowledge in serving persons with HIV/AIDS and their

families.

(b) The applicant's and/or sponsor's experience in managing complex

interdisciplinary programs, especially those involving housing and

community development programs directly relevant to the work activities

proposed and carrying out grant management responsibilities.

years in the program area for which they are currently seeking funding,

the applicant's or sponsor's past experience will be evaluated in terms

of their ability to attain demonstrated measurable progress in the

implementation of their recent grant awards, as measured by

expenditures and measurable progress in achieving the purpose for which

funds were provided.

Rating Factor 2: Need/Extent of the Problem (20 Points)

This factor addresses the extent to which there is a need for

funding the proposed program activities and an indication of the

urgency of meeting the need in the target area. For up to 15 points,

HUD will award points as follows under paragraphs (1) to (3), and 5

points under paragraph (4).

(1) (5 Points) AIDS Cases. Up to five of these points will be

determined by the relative numbers of AIDS cases and per capita AIDS

incidence, in metropolitan areas of over 500,000 population and in

areas of a State outside of these metropolitan areas, in the State for

proposals involving state-wide activities, and in the nation for

proposals involving nation-wide activities. To determine these points,

HUD will obtain AIDS surveillance information from the Director of the

Centers for Disease Control and Prevention.

(2) (5 Points) Description of Need. Up to five of these points will

be determined by the extent to which there is a need for funding

eligible activities in the area to be served. The applicant should

demonstrate that the area to be served has an urgent and unmet need in

the eligible population, as follows:

(a) The applicant should describe in its application for a proposed

Special Project of National Significance, the need that is not

currently addressed by other projects or programs in the area, any

unresolved or emerging issues, and/or the need to provide new or

alternative forms of assistance that enhance area systems of housing

and related care for persons living with HIV/AIDS and their families;

(b) The applicant should describe in its application for a proposed

project that is part of a Long-Term Comprehensive Strategy in an area

that does not receive a HOPWA formula allocation, the need that is not

currently addressed by other projects or programs in the area, any

unresolved or emerging issues, and/or the need to provide forms

[[Page 24012]]

of assistance that enhance the community's strategy for providing

housing and related services to eligible persons.

HUD will consider the application's presentation of statistics and

data sources based on soundness and reliability and the specificity of

information to the target population and the area to be served. To the

extent that the jurisdiction's Consolidated Plan and Analysis of

Impediments to Fair Housing Choice, Continuum of Care Homeless

Assistance plans, comprehensive HIV/AIDS housing plans and other

sources are applicable and identify the level of the problem and the

urgency in meeting the need, references to these documents should be

included in the response. If the application proposes to serve a

subpopulation of eligible persons on the basis that these persons have

been traditionally underserved, the application must document the need

for this targeted effort.

(3) (5 Points) Need in Non-Formula Areas and for Renewals. Within

the points available under this criterion, HUD will award points under

the following two circumstances:

(a) An application that proposes to serve clients in an area that

does not qualify for HOPWA formula allocation. HUD recognizes that the

clients in these areas that benefit under the proposed project do not

have access to HOPWA formula allocations that distribute 90 percent of

the annual appropriation for this program; or

(b) An application that proposes to continue the operations of

HOPWA funded activities that have been supported by HOPWA competitive

funds in prior years and that have operated with reasonable success. An

applicant has operated with reasonable success if it shows that

previous HOPWA-funded activities have been carried out and are nearing

completion of the planned activities in a timely manner. The applicant

should also show that performance reports were provided and that

benchmarks, if any, in program development and operation have been met,

and that the number of persons assisted is comparable to the number

that was planned at the time of application.

(4) (5 Points) Highest Rated in a State or the Nation (for

nationwide activities). After the other rating factors have been

determined, HUD will award five of the points to help achieve greater

geographic diversity in funding activities within a variety of States.

Under this criterion, five points will be awarded to the highest rated

application under each category in each State and to the highest rated

application among the applications that propose nationwide activities.

(5) Up to two (2) additional points will be awarded to any

application submitted by the City of Dallas, Texas, to the extent this

subfactor is addressed. Due to an order of the U.S. District Court for

the Northern District of Texas, Dallas Division, with respect to any

application submitted by the City of Dallas, Texas, HUD's consideration

of this subfactor will consider the extent to which the applicant's

plan for the use of HOPWA funds will be used to eradicate the vestiges

of racial segregation in the Dallas Housing Authority's programs

consistent with the Court's order.

Rating Factor 3: Soundness of Approach: Responsiveness and Model

Qualities (40 Points)

This factor addresses the quality of the applicant's proposed plan

in providing a clear relationship between the proposed activities,

community needs and the purpose of the program funding. HUD will award

up to 40 points based on the extent to which the proposal shows a

soundness in its approach to assisting HOPWA eligible persons.

(1) (20 Points) Responsiveness. Of the points available under this

criteria, HUD will award up to 20 points based on the proposal's

responsiveness to the needs of clients. HUD will consider the extent to

which the proposed activities address area needs for the project. The

proposal should demonstrate that:

(a) The proposed activities respond to the need for housing and

related supportive services for eligible persons in the community.

Under this NOFA, HUD is requiring that an application that proposes to

use HOPWA funds for supportive services only should clearly demonstrate

that the housing needs of eligible persons in the area are addressed

through other means to ensure that the proposal fits within the

purposes of this program;

(b) The proposed activities will offer a personalized response to

the needs of clients that maximizes opportunities for independent

living, including accessibility of housing units and other structures,

and in the case of a family, accommodates the needs of families.

the community and for persons with HIV/AIDS and their families,

including persons who have been traditionally underserved, as

documented by the applicant under Factor 2 in the application's

description of need.

(d) In relation to technical assistance activities proposed in the

application, the proposed activities respond to the technical

assistance needs of programs that provide or seek to provide housing

and related supportive services for HOPWA-eligible persons.

(2) (15 Points) Model Qualities. Of the points available under this

criteria, HUD will award up to 15 points based on the proposal's model

qualities in offering or expanding housing opportunities for persons

living with HIV/AIDS and their families. The proposal should

demonstrate that the design, planning, operation, coordination with

health-care and other supportive services, management oversight, and

evaluation of activities are appropriate and sufficiently shown to

serve as a model for replication in other similar communities.

HUD will consider the extent to which the application demonstrates

that the proposed activities will result in measurable accomplishments

that serve as a Special Project of National Significance, when compared

to other applications and projects funded under this category in the

past; or a Project that is part of a Long-Term Comprehensive Strategy

for providing housing and related supportive services for HOPWA-

eligible persons in areas of the nation that do not receive HOPWA

formula allocations.

Under this criterion, the highest rating will be given to

applications that demonstrate:

(a) That the proposed activities will be undertaken using

technically competent methodologies for conducting the work to be

performed that may include a cost-effective plan for designing,

organizing, and carrying out the proposed activities. The proposed cost

estimates should be reasonable for the work to be performed and

consistent with rates established for the level of expertise required

to perform the work in the proposed geographic area. All activities

that include rehabilitation, construction, weatherization, lead-based

paint removal, and other activities related to site and design must

meet or exceed local building codes.

(b) A potential for yielding a ``best practice'' that can be

replicated and disseminated to other organizations, including nonprofit

organizations and State and local governments. HUD will assess the

transferability of results in terms of model programs or lessons

learned from the work performed under the award. If selected, the

applicant will be required to prepare an analysis of best practices as

part of their reports to HUD that may be used by HUD to

[[Page 24013]]

inform others who may be interested in learning from the experiences

gained from the work performed under awards funded through this NOFA.

Comprehensive Strategy in an area that does not receive a HOPWA formula

allocation, that the proposed project is part of a community strategy

involving local, metropolitan, or State-wide planning and coordination

of housing programs designed to meet the changing needs of low-income

persons with HIV/AIDS and their families, including programs providing

housing assistance and related services that are operated by Federal,

State, local, private, and other entities serving eligible persons.

(3) (5 Points) Innovation. Of the points available under this

factor, HUD will award up to five points for an application that

demonstrates innovation in the provision of housing for persons living

with HIV/AIDS and their families.

HUD will consider the extent to which the project involves a new

program for, or alternative method of, meeting the needs of eligible

persons, when compared to other HOPWA applications under this notice

and HOPWA projects funded in the past. HUD will consider the extent to

which the project design, management plan, proposed effects, local

planning and coordination of housing programs, and proposed activities

help to ensure that the innovation or innovative quality will benefit

eligible persons. HUD will also consider the extent to which the

proposal provides for the evaluation of this innovation or quality in

order to measure the benefit(s) and allow for the dissemination of

information on the success of the proposed activities in assisting

eligible persons and/or in establishing or operating systems of housing

and related care for eligible persons. Under this criterion, the

highest rating will be given to applications that demonstrate

innovation in a clear and reasonable manner and the innovation is

likely, in HUD's view, to be effective in addressing needs.

Rating Factor 4: Leveraging Resources (10 Points)

This factor addresses the ability of the applicant to secure

community resources which can be combined with HUD's program resources

to achieve program purposes. HUD will award up to 10 points based on

the extent to which resources from other public or private sources have

been committed to support the project at the time of application.

Exhibit 4 of the application kit provides guidance on the appropriate

language that applicant's must use to document these leveraged

resources.

In establishing leveraging, HUD will not consider other HOPWA-

funded activities, entitlement benefits inuring to eligible persons, or

conditioned commitments that depend on future fund-raising or actions.

In assessing the use of acceptable leveraged resources, HUD will

consider the likelihood that State and local resources will be

available and continue during the operating period of the grant. In

evaluating this factor HUD will also consider:

(1) The extent to which the applicant documents leveraged

resources, such as funding and/or in-kind services from governmental

entities, private organizations, resident management organizations,

educational institutions, or other entities in order to achieve the

purposes of the project for which the applicant is requesting HOPWA

funds.

(2) The extent to which the documented resources evidence that the

applicant has partnered with other entities to make more effective use

of available public or private resources. Partnership arrangements may

include, but are not limited to, funding or in-kind services from local

governments or government agencies, nonprofit or for-profit entities,

private organizations, educational institutions, or other entities that

are willing to partner with the applicant on proposed activities in

order to leverage resources, or partnering with other program funding

recipients to make more effective use of resources within the

geographic area covered by the award.

Rating Factor 5: Comprehensiveness and Coordination (10 Points)

This factor addresses the extent to which the applicant coordinated

its activities with other known organizations, participates or promotes

participation in a community's Continuum of Care Homeless Assistance

planning process (if homeless persons are to be served by proposed

activities), the jurisdiction's Consolidated Planning process, and is

working towards addressing a need in a holistic and comprehensive

manner through linkages with other activities in the community. HUD

will award up to 10 points based on the proposal's comprehensiveness

and coordination. In order to ensure that resources are used to their

maximum effect within the community, it is important that organizations

seeking funds under this program be involved in HUD's planning

processes for community development and homeless assistance resources.

If an applicant, sponsor or other involved organization has been

involved in these processes, that involvement should be described under

this factor.

HUD will consider the extent to which the proposal describes how

activities were planned and are proposed to be carried out with HOPWA

funds and other resources in order to provide a comprehensive and

responsive range of housing and related supportive services to meet the

changing needs of eligible persons. The proposal should demonstrate

that housing is provided in conjunction with the client's access to

health-care and other supportive services in the area to be served,

including assistance provided under the Ryan White CARE Act programs.

In evaluating this factor, HUD will consider the extent to which

the applicant demonstrates it has:

(1) Coordinated its proposed activities with those of other groups

or organizations prior to submission in order to best complement,

support, and coordinate all known activities, and if funded, the

specific steps it will take to share information on solutions and

outcomes with others. Any written agreements, memoranda of

understanding in place, or that will be in place after award should be

described.

(2) Been actively involved in its community's Continuum of Care

Homeless Assistance planning process (if homeless persons are to be

served by proposed activities), and/or the jurisdiction's Consolidated

Planning process established to identify and address a need/problem

that is related in whole, or part, directly, or indirectly to the

activities the applicant proposes.

In the case of technical assistance providers, the applicant will

be evaluated on the specific steps it will take to work with recipients

of technical assistance services to inform them of, and get them

involved in, the community's Continuum of Care Homeless Assistance

planning process and/or the jurisdiction's Consolidated Planning

process, as applicable. HUD will review more favorably those applicants

who can demonstrate they are active, or in the case of technical

assistance providers, will work with recipients of technical assistance

to get them involved in these local and State planning process.

(3) Developed linkages, or the specific steps it will take to

develop linkages with other activities, programs or projects through

meetings, information networks, planning processes, or other mechanisms

to coordinate its activities

[[Page 24014]]

so solutions are holistic and comprehensive, including linkages with:

(a) Other HUD-funded projects/activities outside the scope of those

covered by the Consolidated Plan; and

(b) Other activities funded by the Federal, State, or local

government, including those proposed or on-going in the community.

(E) Selection of HOPWA Awards

Whether an HOPWA application is conditionally selected will depend

on its overall ranking compared to other applications within each of

the two categories of assistance. HUD will select applications in rank

order in each category of assistance to the extent that funds are

available, except as noted below. In allocating amounts to the

categories of assistance, HUD reserves the right to ensure that

sufficient funds are available for the selection of at least one

application under each category of assistance.

HUD reserves the right to achieve greater diversity in the

selection of applications (i.e., by selecting a lower rated

application), in the case that an application demonstrates a great

unmet need and no applicant in that State has been the recipient of any

prior HOPWA competitive grant or formula allocation. In selecting a

lower rated application in order to achieve greater diversity under

this paragraph (i.e. resulting in funding activities within a variety

of states), HUD will not select an application that is rated below 50

points.

In the event of a tie between applications in a category of

assistance, HUD reserves the right to break the tie: by selecting the

proposal that increases geographic diversity as defined in the prior

paragraph; and, if greater geographic diversity is not achievable, by

subsequently designating as the higher rated proposal, that proposal

which was scored higher on a rating criterion, taken in the following

order until the tie is broken: the Soundness of Approach:

Responsiveness and Model Qualities (Rating Factor 3); Comprehensiveness

and Coordination (Rating Factor 5); the Capacity of the Applicant and

Relevant Organizational Experience (Rating Factor 1); the Need/Extent

of the Problem (Rating Factor 2); and Leveraging Resources (Rating

Factor 4).

HUD will notify conditionally selected applicants in writing. Such

applicants will subsequently be notified of any modification made by

HUD, the additional project information necessary for grant award, and

the date of deadline for submission of such information. In the event

that a conditionally-selected applicant is unable to meet any

conditions for fund award within the specified timeframe or funds are

deobligated under a grant awarded under this competition, HUD reserves

the right not to award funds to the applicant, but instead to: use

those funds to make awards to the next highest rated applications in

this competition; to restore amounts to a funding request that had been

reduced in this competition; or to add amounts to funds available for

the next competition.

IV. Application Submission Requirements

The HOPWA application kit provides an application that must be used

in applying for program funds under this NOFA. The HOPWA application

provides certifications and an SF-424 that are applicable to this

program, and HOPWA applicants are not required to provide the forms,

certifications, and assurances listed in Section II(G) of the General

Section of the SuperNOFA. Section II(D) of the General Section of this

SuperNOFA regarding Affirmatively Furthering Fair Housing does not

apply to the HOPWA program.

All HOPWA applications must contain the following items:

(A) Transmittal Letter

This letter identifies which program under the SuperNOFA for which

funds are requested and the dollar amount requested.

(B) Narrative Statements

The HOPWA application provides for narrative statements that

address the Factors for Award found at Section III(D) of this NOFA.

The HOPWA application provides for a statement to identify the

area(s) in which the application proposes to offer housing and/or

services.

(D) Budget

The budget should be submitted on the form found in the HOPWA

Application Kit, in lieu of the standard budget form under the General

Section of this SuperNOFA.

V. Corrections to Deficient Applications

The General Section of the SuperNOFA provides the procedures for

corrections to deficient applications.

VI. Environmental Requirements

All HOPWA assistance is subject to the National Environmental

Policy Act of 1969, applicable related Federal environmental

authorities, and the environmental review requirements in 24 CFR

574.510. HUD's conditional selection of an application does not

constitute approval of a proposed site. Before an applicant or project

sponsor may acquire, rehabilitate, convert, lease, repair or construct

properties to provide housing, or commit Federal or non-Federal funds

to such activities, HUD will perform an environmental review with

respect to a proposed property in accordance with 24 CFR part 50.

VII. Section 3