Super Notice of Funding Availability (SuperNOFA) for Housing and Community Development Programs
Federal RegisterMar 31, 1998
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SUMMARY: This Super NOFA of Funding Availability (SuperNOFA) announces
the availability of approximately $1,247,906,870 in HUD program funds
covering nineteen (19) Housing and Community Development Programs
operated and managed by the following HUD Offices: Community Planning
and Development (CPD), Public and Indian Housing (PIH), Housing, Policy
Development and Research (PD&R), Office of Lead Hazard Control, and
Fair Housing and Equal Opportunity (FHEO). The General Section of this
SuperNOFA contains the procedures and requirements applicable to all 19
programs. The applications for funding for these programs have been
consolidated into 6 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, local 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 pm. (Please see the 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.
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 may
be submitted with any additional application submitted by the
applicant.
For Further Information. For answers to your questions about this
SuperNOFA, you have several options. You may call the HUD Office or
Processing Center serving your area at the telephone number listed in
your program area section to this SuperNOFA, or you may contact the
SuperNOFA Information Center at 1-800-HUD-8929. Persons with hearing or
speech impairment may call the Center's TTY number at 1-800-483-2209.
Information on this SuperNOFA also may be obtained through the HUD 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
[[Page 15491]]
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 39 programs and cut across traditional
program lines.
(1) The first is this SuperNOFA and consolidated application
process for Housing and Community Development Programs, published in
today's Federal Register, covering 19 Housing and Community Development
Programs.
(2) The second is the SuperNOFA and consolidated application
process for Economic Development and Empowerment Programs. This second
SuperNOFA includes funding for the following programs and initiatives:
Brownfields; Youthbuild; Economic Development Initiative; Neighborhood
Initiatives; Tenant Opportunity Program, Economic Development and
Supportive Services; and the Section 8 Family Self-Sufficiency Service
Coordinators.
(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;
Section 202 Elderly Housing; Section 811 Disabled Housing; Service
Coordinators; Section 8 Designated Housing; Section 8 Mainstream
Housing Opportunities; Family Unification; and Elderly Housing
Revitalization.
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 39 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. HUD is
anticipating publishing all three SuperNOFAs before May 1, 1998.
The National Competition NOFA. In addition to the three SuperNOFAs,
HUD also will publish 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. HUD also anticipates publishing this
national competition NOFA before May 1, 1998.
The Housing and Community Development SuperNOFA. This first
SuperNOFA announces the availability of approximately $1,247,906,870 in
HUD program funds covering nineteen (19) Housing and Community
Development Programs operated and managed by the following HUD Offices:
Community Planning and Development (CPD), Public and Indian Housing
(PIH), Housing, Policy Development and Research (PD&R), Office of Lead
Hazard Control, and Fair Housing and Equal Opportunity (FHEO).
Assisting Communities To Make Better Use of Available Resources
This first SuperNOFA represents 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 the 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 provides for significant management reforms at HUD. This plan
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 nineteen 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 housing and community
development assistance programs can benefit from having this
information made available in one NOFA.
Coordination, Flexibility, and Simplicity in the HUD Funding Process
This SuperNOFA 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
[[Page 15492]]
and Analysis of Impediments to Fair Housing Choice (``Analysis of
Impediments'' (AI)).
This SuperNOFA will simplify the application process; promote
effective and coordinated use of program funds in communities; reduce
duplication in the delivery of services and housing and community
development programs; allow interested applicants to seek to deliver a
wider, more integrated array of services; and improve the 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 similar
activities, e.g., technical assistance, drug elimination, modernization
and revitalization, 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 nineteen 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
nineteen separate programs continue to apply to each programs. 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 nineteen 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 awards, 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 nineteen 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.
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Funding
Program name available Due date Submission location and room
----------------------------------------------------------------------------------------------------------------
Community Development Technical Assistance $82,395,140 6-24-98 HUD Headquarters Processing and
Programs. Control Branch, Room 7251 and
copies to appropriate CPD Field
Offices.
Community Development Block Grant (CDBG) 5,000,000
Technical Assistance.
CFDA No.: 14.227
OMB Approval No.: pending
Community Housing Development Organization 42,000,000
(CHDO) Technical Assistance.
CFDA No: 14.239
OMB Approval No.: pending
HOME Technical Assistance................. 31,000,000
CFDA No: 14.239
OMB Approval No.: pending
Supportive Housing Program (SHP) Technical 4,395,140
Assistance.
CFDA No.: 14.235
OMB Approval No.: pending
University and College Programs............... 13,500,000 7-8-98 HUD Headquarters, Processing and
Control Branch, Room 7251, and
Appropriate Field Offices where
noted in Programs Section.
Community Outreach Partnership Centers 7,000,000
(COPCs).
CFDA No.: 14.511
OMB Approval No.: 2528-0180
Historically Black Colleges and 6,500,000
Universities (HBCUs) Program.
CFDA No.: 14.237
OMB Approval No.: 2506-0122
Fair Housing Initiatives and Assisted Housing 29,500,000 6-1-98 HUD Headquarters Room 5234,
Counseling Programs. except if only applying for
Assisted Housing Counseling.
Education and Outreach Initiative (EOI)... 1,000,000
[[Page 15493]]
CFDA No.: 14.409
OMB Approval No.: 2529-0033
Private Enforcement Initiative (PEI)...... 9,300,000
CFDA No.: 14.410
OMB Approval No.: 2529-0033
Fair Housing Organizations Initiative 1,200,000
(FHOI).
CFDA No.: 14.413
OMB Approval No.: 2529-0033
Housing Counseling Program................ 18,000,000 .............. Appropriate HUD Field Office.
Local Housing Counseling Agencies
($5,000,000)
National, Regional and Multi-
State Intermediaries ($6,000,000)
State Housing Finance Agencies
($7,000,000)
CFDA No.: 14.169
OMB Approval No: 2502-0261
Lead-Based Paint Hazard Control Program....... 50,000,000 6-1-98 Postal Service: HUD
Headquarters, Office of Lead
Hazard Control, Room B-133
Courier Service or Hand
Carried: HUD Office of Lead
Hazard Control, 490 East
L'Enfant Plaza, S.W., Suite
3206, Washington, DC 20024.
CFDA No.: 14.900
OMB Approval No.: 2539-0005
Modernization and Revitalization Programs..... 745,762,796 6-29-98 HUD Headquarters, Room 4138, and
copies to appropriate Local HUD
Field Office, where noted in
the Programs Section.
Comprehensive Improvement Assistance 304,000,000
Program (CIAP).
CFDA No.: 14.852
OMB Approval No.: 2577-0044
HOPE VI Public Housing Revitalization..... 441,762,796
CFDA No.: 14.866
OMB Approval No.: 2577-0208
Drug Elimination in Public and Assisted 326,748,934 6-15-98 Appropriate local Field Office
Housing Programs. except if only applying for
Drug Elimination TA.
Public Housing Drug Elimination Program *288,498,934
(Including Youth Sports Eligible
Activities).
CFDA No.: 14.854
OMB Approval No.: 2577-0124
Public Housing Drug Elimination Program-- 20,000,000
New Approaches (Formerly Safe
Neighborhood Grant).
CFDA No.: 14.854
OMB Control No.: 2577-0124
Drug Elimination Grants for Multifamily 16,250,000
Low Income Housing.
CFDA No.: 14.193
OMB Approval No.: 2502-0476
Public Housing Drug Elimination Program- 2,000,000 HUD Headquarters, Room 4112.
Technical Assistance.
CFDA No.: 14.854
OMB Approval No: 2577-0124
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*This amount includes $44,935,934 in FY 97 funds for applicants not funded in 1997.
Paperwork Reduction Act Statement. For those programs listed in the
chart above which have OMB approval numbers, the information collection
requirements contained in this SuperNOFA for those programs have been
approved by the Office of Management and Budget (OMB) in accordance
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). For
those programs listed in the chart for which an OMB approval number is
pending, the approval number when received will be announced by HUD in
the Federal Register. 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.
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.
[[Page 15494]]
(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 HUD housing and community
development 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 maintaining,
rehabilitating, and constructing affordable housing for low and
moderate income families; improve the quality of life for residents of
public housing; develop and implement programs which promote fair
housing practices and open housing opportunities within a community or
geographic area; and provide technical assistance and services to
improve program results and increase the productivity of HUD programs
in meeting community needs; 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.
(C) Amounts Allocated
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 Super
NOFA, 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 http://www.HUD.gov. HUD may reject an application from
further funding consideration if the activities or projects proposed
are ineligible, or 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
Sec. 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.
(C) Additional Nondiscrimination Requirements
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 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 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
3)
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. Sec. 1701u (Economic Opportunities
for Lower Income Persons in Connection with Assisted Projects), and the
HUD regulations at 24 CFR part 135, including the reporting
requirements in 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. Section 3 is
applicable to the following programs in this SuperNOFA: HOPE VI
Revitalization; CIAP; and Lead-Based Paint Hazard Reduction, and may be
applicable to certain activities of other programs of this SuperNOFA.
[[Page 15495]]
(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 or assurances that may be required for 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) and 24 CFR part 85 (Administrative
Requirements for Grants and Cooperative Agreements to State, Local, and
Federally recognized Indian tribal governments) 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.
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.
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.
(C) Factors For Award Used To Evaluate and Rate Applications
For all of the programs for which funding is available under this
SuperNOFA, the points awarded for the factors total 100. The maximum
number of points to be awarded, however, total 102. The SuperNOFA
provides for two bonus points.
(1) Bonus Points. The SuperNOFA provides for the award of two bonus
points for eligible activities/projects that are proposed to be located
in federally designated Empowerment Zones, Enterprise Communities,
Enterprise Communities, or Urban Enhanced Enterprise Communities, and
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
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completed for the applicant to be considered for EZ/EC bonus points. A
listing of the federally designated EZs, 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) 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
(D) Negotiation
After all applications have been rated and ranked and a selection
has been made, in several programs, HUD requires 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 effort involved in 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.
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 Housing and Community
program 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.
(C) Encouraging Visitability in New Construction and Substantial
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
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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
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332). The Finding of No Significant Impact is
available for public inspection during regular business hours in the
Office of the General Counsel, Regulations Division, Room 10276, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-0500.
(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 SuperNOFA is not subject
to review under the Order.
(C) Prohibition Against Lobbying Activities
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 15.
(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
Register on at least a quarterly basis to notify the public of all
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
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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 at 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 first
SuperNOFA for Housing and Community Development programs follows.
Dated: March 23, 1998.
Saul N. Ramirez, Jr.,
Acting Deputy Secretary.
Table of Contents of HUD Programs in This SuperNOFA
Community Development Technical Assistance Programs
Community Development Block Grant (CDBG) Technical Assistance
Community Housing Development Organization (CHDO) Technical
Assistance
HOME Technical Assistance
Supportive Housing Program (SHP) Technical Assistance
University and College Programs
Community Outreach Partnership Centers
Historically Black Colleges and Universities (HBCUs) Program
Fair Housing Initiatives & Assisted Housing Counseling Programs
Fair Housing Initiative Program (FHIP)--Education and Outreach
Initiative (EOI)
FHIP Private Enforcement Initiative (PEI)
FHIP Fair Housing Organizations Initiative (FHOI)
Housing Counseling Program
Lead Based Paint Hazard Control Program Modernization and
Revitalization Programs
Comprehensive Improvement Assistance Program (CIAP)
HOPE VI Public Housing Revitalization
Drug Elimination in Public and Assisted Housing
Public Housing Drug Elimination Program (Including Youth Sports
Eligible Activities)
Public Housing Drug Elimination Program--New Approaches
Drug Elimination Grants for Multifamily Low-Income Housing
Public Housing Drug Elimination Program Technical Assistance
Appendix A--List of HUD Offices and Hours of Operation
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