# Super Notice of Funding Availability (SuperNOFA) for HUD's Housing, Community Development and Empowerment Programs

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-4476

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 26, 1999
- **Citation:** 64 FR 9618

## Text

SUMMARY: This Fiscal Year 1999 Super Notice of Funding Availability
(SuperNOFA) announces the availability of approximately $2.4 billion in
HUD program funds covering 32 grant categories within programs operated
and administered by the following HUD offices: the Office of Community
Planning and Development (CPD); the Office of Housing-Federal Housing
Administration (FHA); the Office of Public and Indian Housing; Office
of Policy Development and Research; the Office of Fair Housing and
Equal Opportunity; and the Office of Lead Hazard Control.
The General Section of this SuperNOFA provides the application
procedures and requirements that are applicable to all the programs.
The Programs Section of this SuperNOFA provides a description of the
specific programs for which funding is made available under this
SuperNOFA and describes any additional procedures and requirements that
are applicable to a specific program. Please be sure you read both the
General Section and the Program Section of this SuperNOFA to ensure you
respond to all the requirements for funding.

APPLICATION DUE DATES: The information in this APPLICATION DUE DATES
section applies to all programs that are part of this SuperNOFA. You,
the applicant, must submit a completed application to HUD no later than
the application due date established for the program for which you are
seeking funding. HUD will not accept for review and evaluation any
applications sent by facsimile (fax).

ADDRESSES AND APPLICATION SUBMISSION PROCEDURES: Addresses. You, the
applicant, must submit a complete application to the location
identified in the Programs Section of this SuperNOFA. When submitting
your application, please refer to the name of the program for which you
are seeking funding.
For Applications to HUD Headquarters. If your application is due to
HUD Headquarters, you must send to the following address: Department of
Housing and Urban Development, 451 Seventh Street, SW, Washington DC
20410 (see the Program Chart or Programs Section for Room location and
additional information regarding the addresses for application
submission). Please make sure that you note the room number. The
correct room number is very important to ensure that your application
is not misdirected.
For Applications to HUD Field Offices. If your application is
required to be submitted to a HUD Field Office, please see the Programs
Section for the exact office location for submission of your
application.
Applications Procedures. Mailed Applications. Your application will
be considered timely filed if your application is 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. If your
application is sent by overnight delivery or express mail, your
application will be timely filed if it is received before or on the
application due date, or when you submit documentary evidence that your
application was placed in transit with the overnight delivery service
by no later than the application due date.
Hand Carried Applications. Hand-carried to HUD Headquarters. If
your application is required to be submitted to HUD Headquarters, and
you arrange for the application to be hand carried, hand carried
applications delivered before and on the application due date must be
brought to the specified location at HUD Headquarters 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. This deadline date is firm.
Please make appropriate arrangements to arrive at the HUD Headquarters
Building before 12:00 midnight on the application due date.
Hand-carried to HUD Field Office. If your application is required
to be submitted to a HUD Field Office, your application must be
delivered to the appropriate HUD Field Office in accordance with the
instructions specified in the Programs Section of the SuperNOFA. A hand
carried application will be accepted at the specified HUD Field Office
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.) Please be sure to arrive at
the HUD Field Office with adequate time to submit the application
before the 6:00 pm deadline by the application due date.

COPIES OF APPLICATIONS TO HUD OFFICES: The Programs Section of this
SuperNOFA may specify that to facilitate the processing and review of
your application, a copy of the application also must 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 directions of the
Programs Section to ensure that you submit your application to the
proper location. For some programs, HUD requests additional copies in
order to expeditiously review your application, and to ensure that all
reviewers receive complete applications to review. HUD appreciates your
assistance in providing the copies. Please note that for those
applications for which copies are to be submitted to the Field Offices
and HUD Headquarters, timeliness of submission will be based on the
time your application is received at HUD Headquarters.

FOR APPLICATION KITS, FURTHER INFORMATION AND TECHNICAL ASSISTANCE: The
information in this section is applicable to all programs that are part
of this SuperNOFA.
For Application Kits and SuperNOFA User Guide. HUD is pleased to
provide you with the 1999 application kits and/or a guidebook to all
HUD programs that are part of this SuperNOFA. These application kits
are designed to guide you through the application process and ensure
that your application addresses all requirements for the program
funding you are seeking. Please note that if there is a discrepancy
between information provided in the application kit and the information
provided in the published SuperNOFA, the information in the published
SuperNOFA prevails. Therefore, please be sure to review your
application submission against the requirements in the SuperNOFA. When
requesting an application kit, please refer to the name of the program
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). To ensure sufficient time to prepare your
application, requests for application kits should be made immediately.

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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. Additionally, you can obtain information on this
SuperNOFA and application kits for this SuperNOFA through the HUD web
site on the Internet at http://www.hud.gov.
Consolidated Application Submissions. If you, the applicant, would
like to apply for funding under more than one program in this
SuperNOFA, you need only submit one originally signed SF-424 and one
set of original signatures for the other standard assurances and
certifications, accompanied by the matrix that is provided in each
application kit. As long as you submit one originally signed set of
these documents with an application, you need only submit copies of
these documents with any additional application you submit. Your
application should identify the program for which you have submitted
the original signatures for the standard assurances and certifications.
Additionally, the Programs Section may specify additional forms,
certifications, assurances, or other information that may be required
for a particular program in this SuperNOFA.
For Further Information. For answers to your questions about this
SuperNOFA, you have several options. You may call, during business
hours, 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. If you are a person with a hearing or speech
impairment you may call the Center's TTY number at 1-800-HUD-2209. You
may also obtain information on this SuperNOFA and application kits for
this SuperNOFA 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 you with general guidance and
technical assistance about this SuperNOFA. HUD staff, however, are not
permitted to assist in preparing the application. Following selection
of applicants, but before awards are made, HUD staff are 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.

Hud's Fiscal Year 1999 SuperNOFA Process

Background: The Introduction of the SuperNOFA--the FY 98 SuperNOFA

In Fiscal Year 1998, HUD introduced its first SuperNOFA. HUD's FY
1998 SuperNOFA represented a marked departure from, and HUD believes a
significant improvement over, HUD's past approach to the funding
process. Before the FY 1998 SuperNOFA, HUD had issued as many as 40
separate NOFAs. These 40 NOFAs had widely varying rules and application
processing requirements, and were published at various times throughout
the fiscal year. This individual program approach to funding, with
different publication schedules, did not encourage and, at times,
unintentionally interfered with local efforts directed at comprehensive
planning as well as development of comprehensive local solutions.
Additionally, the old approach seemed to require communities to respond
to HUD's needs instead of HUD responding to local needs.
In his first year as Secretary of HUD, Secretary Andrew Cuomo
immediately sought to change this outdated approach to funding.
Secretary Cuomo brought 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.
HUD's FY 1998 SuperNOFA promoted HUD's objective, under the
direction of Secretary Cuomo, of improving customer service and
providing the necessary tools for revitalizing communities and
improving the lives of people within those communities. The SuperNOFA
increased the ability of applicants to consider and apply for funding
under a wide variety of HUD programs in response to a single NOFA. In
addition to applicants, HUD believes that everyone interested in HUD's
grant programs can benefit from having this information made available
in one document, and that having the information on available funding
one time will facilitate local planning and coordination.

Changes Made in the SuperNOFA Process for FY 1999

One SuperNOFA. For Fiscal Year 1999, HUD is taking the next step of
improving its funding process by issuing one single SuperNOFA. In FY
1998, HUD issued three SuperNOFAs:
(1) The SuperNOFA for HUD's Housing and Community Development
Programs;
(2) The SuperNOFA for HUD's Economic Development and Empowerment
Programs; and
(3) The SuperNOFA for HUD's Targeted Housing and Homeless
Assistance Programs.
HUD's FY 1999 SuperNOFA consolidates the programs in these three
SuperNOFAs into one SuperNOFA--the SuperNOFA for HUD's Housing,
Community Development and Empowerment Programs. The housing component
of this SuperNOFA encompasses many of HUD's housing programs, including
targeted housing and homeless assistance. The community development
component of this SuperNOFA encompasses HUD's economic development
programs, and the empowerment component encompasses HUD's youthbuild
and self-help programs.
Plain Language. In addition to increased consolidation, HUD strived
to make the FY 1999 SuperNOFA simpler and easier to understand. On June
1, 1998, President Clinton issued a memorandum to all Federal agencies
that directs agencies to use plain language in all of their documents.
HUD prepared its FY 1999 SuperNOFA to comply with the plain language
principles. These principles include using common, everyday words
(except for necessary technical terms), the active voice and short
sentences.
Earlier Publication and More Time to Prepare Applications. Finally,
HUD is publishing its SuperNOFA earlier than in FY 1998. By publishing
earlier in the Federal Fiscal Year, HUD can provide you, the applicant,
more time to prepare and submit your SuperNOFA application(s).
Program Changes to Note: (1) HOPWA-TA. This year technical
assistance under the Housing Opportunities for Persons with AIDS
(HOPWA) has been consolidated into the Community Development Technical
Assistance (CD-TA) Program section of the SuperNOFA. If you are
interested in applying for this program, please see the CD-TA Program
section.
(2) Youth Sports Program. This year, youth sports activities are
eligible under

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the PIH Drug Elimination Grant Program.
(3) Possible Formula Funding for Public Housing Drug Elimination
Program. On February 18, 1999, HUD published in the Federal Register an
Advance Notice of Proposed Rulemaking (ANPR) announcing HUD's intention
to develop, through proposed rulemaking, a formula allocation funding
for HUD's Public Housing Drug Elimination Program. The February 18,
1999 ANPR solicits comments in advance of this rulemaking on a method,
components of a method, or methods that would result in reliable and
equitable funding to public housing agencies with drug elimination
programs and ensure that this funding is allocated to agencies meeting
certain performance standards. If this rulemaking is completed before
the application due date for the Public Housing Drug Elimination
grants, HUD will publish a notice in the Federal Register advising the
public of the withdrawal of the Public Housing Drug Elimination Program
sections of this SuperNOFA, and advising that funds will be allocated
through a formula.

Similarities Between FY 1998 and FY 1999 SuperNOFAs

The FY 1999 SuperNOFA, like the FY 1998 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 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 FY 1999 SuperNOFA 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 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.
Once again, HUD strongly 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. This coordination also should
help applicants jointly 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 that are part of this
SuperNOFA. HUD programs that provide assistance for, or complement,
similar activities (for example, the Continuum of Care programs and CPD
Technical Assistance programs) have a consolidated application that
reduces the administrative and paperwork burden applicants would
otherwise encounter in submitting a separate 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. 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 the programs
that are part of this SuperNOFA continue to apply to each program. The
SuperNOFA will identify, 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 programs identified in this
SuperNOFA.
The SuperNOFA is divided into two major sections. The General
Section of the SuperNOFA describes the procedures and requirements that
are applicable to all applications. The Programs Section of the
SuperNOFA describes each program that is part of this SuperNOFA. For
each program, the Programs Section describes the 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.
Your careful reading 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 programs that are part of this SuperNOFA are identified in the
chart below. The approximate available funds for each program are
expected funding levels based on appropriated funds. In the event HUD
recaptures funds 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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Paperwork Reduction Act Statement. The information collection
requirements 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 chart shown above provides the OMB approval
number for each program that is part of this SuperNOFA. Where the chart
notes that an OMB number is pending, this means that HUD has submitted
the information to OMB to obtain an approval number and HUD's request
for the number is pending. As soon as HUD receives the approval number,
the number will be published in the Federal Register and provided to
the SuperNOFA Information Center. Under the Paperwork Reduction Act, 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; Purposes of the FY 1999 SuperNOFA; Funding Amount;
Eligible Applicants and Eligible Activities

(A) Authority
HUD's authority for making funding under this SuperNOFA is the
Fiscal Year 1999 Department of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1999 (Pub.L.
105-276, 112 Stat. 2461, approved October 21, 1998) (FY 1999 HUD
Appropriations Act).
(B) Purposes
The purposes of this SuperNOFA are to:
(1) Make funding available to empower communities and residents.
The funding made available by this SuperNOFA will assist community
residents, particularly the poor and disadvantaged, to develop viable
communities and provide decent housing for all citizens, without
discrimination.
(2) Simplification of the application process for funding under HUD
programs. This year's SuperNOFA continues to provide a single, uniform
set of rating factors and submission requirements. This year's
SuperNOFA also allows, as did last year's, for you, the applicant, to
apply for more than one program with a single application.
(3) Promote comprehensive approaches to housing and community
development. Through the SuperNOFA process, HUD encourages you, the
applicant, to focus on the interrelationships that exist in a community
and in HUD's funding programs, and to build community-wide efforts that
coordinate the resources of multiple applicants and programs. The needs
and problems of a community rarely, if ever, stand in isolation from
each other. Due to this fact, it is very difficult to address these
problems and to provide opportunities to use existing community
resources in a piecemeal fashion. To successfully address community
needs and solve community problems, and to take advantage of existing
resources, HUD encourages members of a community to join together and
pool all available resources in a common, coordinated effort. In 1998,
HUD began structuring its funding process to help its community
partners take this coordinated, holistic approach. Further, by making
all of HUD's competitive funding available in one document, HUD allows
you, the applicant, to be able to relate the activities proposed for
funding under this SuperNOFA to the community's Consolidated Plan and
Analysis of Impediments to Fair Housing Choice.
(C) Funding Available
As noted in the Introduction Section to the SuperNOFA, the HUD
programs that are part of this SuperNOFA are allocated amounts based on
appropriated funds. If HUD recaptures funds 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 Programs Section of the SuperNOFA describes the eligible
applicants and eligible activities for each program.

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 principles listed below apply to all programs that are part of
this SuperNOFA. Please be sure to read the Programs Section of the
SuperNOFA for additional requirements or information.
(A) Statutory Requirements
To be eligible for funding under this SuperNOFA, you, the
applicant, must meet all statutory and regulatory requirements that are
applicable to the program or programs for which you are seeking
funding. If you need copies of the program regulations, they are
available from the SuperNOFA Information Center or through the Internet
at the HUD web site located at http://www.HUD.gov. Among the reasons
that HUD may reject an application from further funding consideration
is if the activities or projects proposed in the application are not
eligible activities and projects, 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.
With the exception of Federally recognized Indian tribes, all
applicants and their subrecipients must comply with all Fair Housing
and civil rights laws, statutes, regulations and executive orders as
enumerated in 24 CFR 5.105(a). If you are a Federally recognized Indian
tribe, you must comply with the Age Discrimination Act of 1975, section
504 of the Rehabilitation Act of 1973, and the Indian Civil Rights Act.
If you, the applicant--
(1) Have been charged with a systemic violation of the Fair Housing
Act by the Secretary alleging ongoing discrimination;
(2) Are a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an ongoing pattern or practice of
discrimination; or
(3) Have received a letter of noncompliance findings under Title
VI, Section 504, or Section 109,--
HUD will not rank and rate your application under this SuperNOFA if
the charge, lawsuit, or letter of findings has not been resolved to the
satisfaction of the Department before the application deadline stated
in the individual program NOFA. HUD's decision regarding whether a
charge, lawsuit, or a letter of findings has been satisfactorily
resolved will be based upon whether appropriate actions have been taken
to address allegations of ongoing discrimination in the policies or
practices involved in the charge, lawsuit, or letter of findings.
(C) Additional Nondiscrimination Requirements
You, the applicant and your subrecipients, 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, if you are a successful applicant, you will

[[Page 9628]]

have a duty to affirmatively further fair housing. Again, except as may
be provided otherwise in the Programs Section of this SuperNOFA, you,
the applicant, should include in your application or work plan the
specific steps that you 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, you, the applicant, have a duty to carry out the specific
activities provided in your responses to the SuperNOFA rating factors
that address affirmatively furthering fair housing. Please see the
Programs Section of this SuperNOFA for further information.
(E) Economic Opportunities for Low and Very Low-Income Persons (Section
3).
Certain programs in this SuperNOFA require recipients of 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 in Connection with assisted Projects) and the HUD
regulations at 24 CFR part 135, including the reporting requirements
subpart E. Section 3 requires recipients to ensure that, to the
greatest extent feasible, training, employment and other economic
opportunities will 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. As noted in the Programs Section of
this SuperNOFA, Section 3 is applicable to the following programs:
1. Historically Black Colleges and Universities (HBCU);
2. Hispanic Serving Institutions Assisting Communities (HSIAC);
3. Lead-Based Paint Hazard Control;
4. Mold and Moisture Control in Inner City Housing Program;
5. HOPE VI Public Housing Revitalization;
6. Public Housing Drug Elimination Program (PHDEP);
7. Public Housing Drug Elimination Program--New Approaches
8. Multifamily Housing Drug Elimination;
9. Economic Development Initiative (EDI);
10. Brownfields Economic Development Initiative (BEDI);
11. Self-Help Homeownership Opportunity Program (SHOP);
12. Youthbuild;
13. Continuum of Care Homeless Assistance Programs;
14. Housing Opportunities for Persons with AIDS (HOPWA);
15. Section 202 Supportive Housing for the Elderly; and
16. Section 811 Supportive Housing for Persons with Disabilities.
(F) Relocation
Any person (including individuals, partnerships, corporations or
associations) who moves from real property or moves personal property
from real property directly (1) because of a written notice to acquire
real property in whole or in part, or (2) because of the acquisition of
the real property, in whole or in part, for a HUD-assisted activity is
covered by Federal relocation statute and regulations. Specifically,
this type of move is covered by the 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. The
relocation requirements of the URA and the governmentwide regulations
cover any person who moves permanently from real property or moves
personal property from real property directly because of rehabilitation
or demolition for an activity undertaken with HUD assistance.
(G) Forms, Certifications and Assurances
You, the applicant, are required to submit signed copies of the
standard forms, certifications, and assurances listed in this section,
unless the requirements 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. As part of HUD's continuing
efforts to improve the SuperNOFA process, several of the required
standard forms have been simplified this year. The standard forms,
certifications, and assurances are as follows:
(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 (TDHEs) 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 applying for funds under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
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
Certain OMB circulars also apply to this SuperNOFA. The policies,
guidance, 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 1999 HUD Appropriations Act, other Federal
statutes or the provisions of this

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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
If you become a grantee under one of the programs in this SuperNOFA
that assist physical development activities or property acquisition,
you are generally prohibited from acquiring, rehabilitating,
converting, leasing, repairing or constructing property, or committing
or expending HUD or non-HUD funds for these types of 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.
You, the applicant, should consult the Programs Section of the
SuperNOFA for the applicable program to determine the procedures for,
timing of, and any exclusions from environmental review under a
particular program. For applicants applying for funding under the
Sections 202 or 811 Programs, please note the environmental review
requirements for these programs.
(J) Conflicts of Interest
If you are a consultant or expert who is assisting HUD in rating
and ranking applicants for funding under this SuperNOFA, you are
subject to 18 U.S.C. 208, the Federal criminal conflict of interest
statute, and the Standards of Ethical Conduct for Employees of the
Executive Branch regulation published at 5 CFR part 2635. As a result,
if you have assisted or plan to assist applicants with preparing
applications for this SuperNOFA, you may not serve on a selection panel
and you may not serve 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. Individuals involved in the rating and
ranking of applications must disclose to HUD's General Counsel or HUD's
Ethic Law Division the following information if applicable: the
selection or non-selection of any applicant under this SuperNOFA will
affect the individual's financial interests, as provided in 18 U.S.C.
208; or the application process involves a party with whom the
individual has a covered relationship under 5 CFR 2635.502. The
individual must disclose this information prior to participating in any
matter regarding this SuperNOFA. If you have questions regarding these
provisions or if you have questions concerning a conflict of interest,
you may call the Office of General Counsel, Ethics Law Division, at
202-708-3815 and ask to speak to one of HUD's attorneys in this
division.

III. Application Selection Process

(A) Rating Panels
To review and rate your applications, HUD may establish panels.
These panels may include persons not currently employed by HUD. HUD may
include these non-HUD employees to obtain certain expertise and outside
points of view, including views from other Federal agencies.
(1) Rating. HUD will evaluate and rate all applications for funding
that meet the threshold requirements and rating factors for award
described in this SuperNOFA. The rating of you, as the ``applicant,''
or of your organization, ``the applicant's organization and staff,''
for technical merit or threshold compliance will include any sub-
contractors, consultants, sub-recipients, and members of consortia
which are firmly committed to the project.
(2) Ranking. HUD will rank applicants within each program (or, for
Continuum of Care applicants, across the three programs identified in
the Continuum of Care section of this SuperNOFA). HUD will rank
applicants only against other applicants that applied for the same
program funding. Where there are set-asides within a program
competition, you, the applicant, only will compete against applicants
in the same set-aside competition.
(B) Threshold Requirements
HUD will review your application to determine whether your
application meets all of the threshold requirements described in
Section II(B), above. Only if your application meets all of the
threshold requirements will it be eligible to be rated and ranked.
(C) Factors for Award Used To Evaluate and Rate Applications
For each program that is part of this SuperNOFA, the points awarded
for the rating factors total 100. Depending upon the program for which
you the applicant seek funding, the program may provide for up to four
bonus points as provided in paragraphs (1) and (2) of this Section
III(C).
(1) Bonus Points. The SuperNOFA provides for the award of up to two
bonus points for eligible activities/projects that the applicant
proposes to be located in high performing federally designated
Empowerment Zones (EZs) or Enterprise Communities (ECs). To be eligible
to receive the two bonus points, you must certify that the proposed
activities/projects: (a) will be located in a Federally designated
Empowerment Zone or Enterprise Community and will serve residents of
the EZ/EC; and (b) are consistent with the strategic plan of the EZ/EC.
If you provide this certification and HUD determines that the area is a
high performing EZ/EC, as announced in HUD's list to be published in
the Federal Register in March 1999, you will be awarded the two points.
A listing of the high performing federally designated EZs/ECs will be
available from the SuperNOFA Information Center, or through the HUD web
site on the Internet at http://www.HUD.gov, as well as in the Federal
Register.
(2) Court-Ordered Consideration. For any application submitted by
the City of Dallas, Texas, for funds under this SuperNOFA for which the
City of Dallas is eligible to apply, HUD will consider the extent to
which the strategies or plans in the city's application or applications
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 special
consideration results from an order of the U.S. District Court for the
Northern District of Texas, Dallas, Division. (This Section III(C)(2)
is limited to applications submitted by the City of Dallas.)
(3) The Five Standard Rating Factors. Additional details about the
five rating factors listed below, and the maximum points for each
factor, are provided in the Programs Section of the SuperNOFA. You, the
applicant, should carefully read the factors for award as described in
the Programs Section of the SuperNOFA. HUD has established these five
factors as the basic factors for award in every program that is part of
this SuperNOFA. For a specific HUD program, however, HUD may have
modified these factors to take into account specific program needs, or
statutory or regulatory limitations imposed on a program. The standard

[[Page 9630]]

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 HUD has rated and ranked all applications and has made
selections, 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 with a selected applicant or a selected applicant
fails to provide HUD with requested information, an award will not be
made to that applicant. In this instance, 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
(1) HUD reserves the right to fund less than the full amount
requested in your application to ensure the fair distribution of the
funds and to ensure that the purposes of a specific program are met.
(2) HUD may choose not to fund any portion of your application that
is not eligible for funding under specific program statutory or
regulatory requirements, or which do not meet the requirements of this
SuperNOFA or which may be duplicative of other funded programs or
activities from previous years' awards. HUD may choose to fund only the
eligible portions of your application.
(3) If funds remain after funding the highest ranking applications,
HUD may fund part of the next highest ranking application in a given
program. If you, the applicant, turn 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 where there is
a balance of funds.
(4) In the event HUD commits an 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
HUD will measure and address the performance and compliance actions
of grantees in accordance with the applicable standards and sanctions
of their respective programs.

IV. Application Submission Requirements

As HUD discussed earlier in the introductory section of this
SuperNOFA, part of the simplification of this funding process is to
reduce the duplication of effort that has been required of applicants
in the past. Before the SuperNOFA process, many of HUD's applicants
were required to complete and submit similar applications for HUD
funded programs. As the Program Chart above shows, the FY 1999
SuperNOFA provides, as did the FY 1998 SuperNOFA, 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 its
regulations in 24 CFR part 4, subpart B, consider any unsolicited
information you, the applicant, may want to provide. HUD may contact
you, however, to clarify an item in your application or to correct
technical deficiencies. You should note, however, that HUD may not seek
clarification of items or responses that improve the substantive
quality of your response to any eligibility or selection factors.
Examples of curable (correctable) technical deficiencies include your
failure to submit the proper certifications or your failure to submit
an application that contains an original signature by an authorized
official. In each case, HUD will notify you in writing by describing
the clarification or technical deficiency. HUD will notify applicants
by facsimile or by return receipt requested. You 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 your deficiency is not
corrected within this time period, HUD will reject your application as
incomplete, and it will not be considered for funding. (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 and
instructions.)

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 these grant programs available
in one document, 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. There are certain HUD grant programs that are
not part of this SuperNOFA (primarily those for which funding is
allocated by lottery).

(B) Linking Program Activities With AmeriCorps

You are encouraged to link your 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, you 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 do 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 (UFAS) 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 SuperNOFA Information Center
(1-800-HUD-2209) and also from the Office of Fair Housing and Equal
Opportunity,

[[Page 9631]]

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
You, the applicant, 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. You are required to certify, using the certification
found at Appendix A to 24 CFR part 87, that you will not, and have not,
used appropriated funds for any prohibited lobbying activities. In
addition, you 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 (TDHEs)
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
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 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

[[Page 9632]]

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 1999 SuperNOFA Process and Future HUD Funding Processes

In FY 1998, Secretary Cuomo took the first significant step in
changing HUD's funding process to better promote comprehensive,
coordinated approaches to housing and community development by
developing the SuperNOFA process. The three SuperNOFAs published in FY
1998 reflected a marked improvement over HUD's previous funding process
and assisted communities to make better use of available resources
through a coordinated approach.
This FY 1999 SuperNOFA takes HUD's funding process to the next
step--a single SuperNOFA. The FY 1999 SuperNOFA 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 2000, 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 programs for which funding is available under
this SuperNOFA follows.

Dated: February 18, 1999.
Saul N. Ramirez, Jr.,
Deputy Secretary.

BILLING CODE 4210-32-P

Federal Register / Vol. 64, No. 38 / Friday, February 26, 1999 /
Notices

[[Page 9633]]

[GRAPHIC] [TIFF OMITTED] TN26FE99.014

BILLING CODE 4210-32-C

Federal Register / Vol. 64, No. 38 / Friday, February 26, 1999 /
Notices

[[Page 9635]]

Funding Availability for Community Development Technical Assistance
(CD-TA) Programs--CDBG, CHDO, Home, Supportive Housing and HOPWA

Program Overview

Purpose of the Program. The purposes of the technical assistance
programs in this SuperNOFA are:
Community Development Block Grant Technical Assistance. To increase
the effectiveness with which States and units of general local
government plan, develop and administer their Community Development
Block Grant (CDBG) Programs, including assistance to aid non-profits
and other recipients of CDBG funds.
CHDO Technical Assistance. To promote the ability of Community
Housing Development Organizations (CHDOs) to maintain, rehabilitate and
construct housing for low-income and moderate-income families;
facilitate the education of low-income homeowners and tenants; and help
women who reside in low- and moderate-income neighborhoods to
rehabilitate and construct housing in the neighborhoods.
HOME Technical Assistance. To help HOME participating jurisdictions
design and implement HOME programs, including: improving their ability
to design and implement housing strategies and incorporate energy
efficiency into affordable housing; facilitating the exchange of
information to help participating jurisdictions carry out their
programs; facilitating the establishment and efficient operation of
employer-assisted housing programs and land bank programs; and
encouraging private lenders and for-profit developers of low-income
housing to participate in public-private partnerships.
Supportive Housing Program (SHP) Technical Assistance. To provide
HUD-funded Supportive Housing Program projects with technical
assistance to promote the development of supportive housing and
supportive services as part of a Continuum of Care approach, including
innovative approaches to assist homeless persons in the transition from
homelessness, and promoting the provision of supportive housing to
homeless persons to enable them to live as independently as possible.
Housing Opportunities for Persons with AIDS (HOPWA). To train
communities to create comprehensive housing strategies and responsive
area programs that assist residents who are living with HIV/AIDS; to
train HOPWA grantees to administer formula and competitive funds in an
efficient and effective manner, including undertaking community
consultations, program planning, housing development and operations,
program evaluation and reporting on accomplishments; and to build the
capacity of nonprofit organizations to carry out activities as HOPWA
projects sponsors.
Available Funds. Up to $24.3 million is available for the five CD-
TA programs.
Eligible Applicants. Specific eligibility requirements for the five
CD-TA programs are found below in Section III(C). Forty percent of the
CDBG, CHDO, HOME and Supportive Housing technical assistance funds is
limited to qualified providers who have not previously received a
technical assistance award. This limitation is not applicable to HOPWA
technical assistance.
Application Deadline. May 26, 1999.
Match. None.

Additional Information

If you are interested in applying for funding under this program,
please review carefully the General Section of this SuperNOFA and the
following additional information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

Application Due Date. Submit your completed applications (an
original and one copy) on or before 12:00 midnight, Eastern time, on
May 26, 1999. The original application that you submit to Headquarters
is considered the official application. Send a copy of your application
on or before the application deadline date to the HUD CPD Field
Office(s) in which you are seeking to provide services. Only one
application per applicant is permitted; however, one application can
include as few as one or as many as all five CD-TA programs. The
application kit contains the addresses and hours of operation for the
HUD CPD Field Offices.
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).
Addresses for Submitting Applications. Submit your completed
original application to HUD Headquarters, U.S. Department of Housing
and Urban Development, CPD Processing and Control Branch, Room 7251,
451 Seventh Street, SW, Washington, DC 20410. Send a copy of the
application to the appropriate CPD Field Office(s) at the address shown
on the list of HUD CPD Field Offices included in the application kit.
When submitting your application, please refer to the Community
Development Technical Assistance Program. Be sure to include your name,
mailing address (including zip code), telephone number (including area
code), and fax number (including area code).
For Application Kits. For an application kit and any supplemental
information, please call the SuperNOFA Information Center at 1-800-HUD-
8929. Persons with hearing or speech impairments may call the Center's
TTY number at 1-800-483-2209. When requesting an application kit,
please refer to ``Community Development Technical Assistance
Programs.'' Please be sure to provide your name, address (including zip
code), telephone number (including area code), and fax number
(including area code).
For Further Information and Technical Assistance. For answers to
your questions, you have several options. You may call the HUD CPD
Office serving your area at the telephone number listed in the list of
HUD CPD Field Offices included in the application kit, or you may
contact Ms. Deirdre Neighbors at 202-708-3176 x4386 in HUD
Headquarters. Information on this SuperNOFA also may be obtained
through the HUD web site on the Internet at http://www:HUD.gov.

II. Amount Allocated

(A) The amounts allocated for each CD-TA program are as follows:

CDBG TA funds:
Up to $2,500,000
CHDO TA funds:
Up to $9,000,000 Total
$3,600,000 Single State
$5,400,000 Multi-State
HOME TA funds:
Up to $8,000,000
SHP TA funds:
Up to $2,500,000
HOPWA TA funds:
Up to $2,250,000

(B) Each HUD/CPD Field Office has been allocated a ``fair-share''
of CD-TA funds for purposes of this competition, except for the HOPWA
TA funds which will be awarded only through a national competition (See
CD-TA Appendix A for the fair share allocations). The amounts are based
on workload allocations of HOME, CDBG and SHP entitlement funds and
competitive programs for which Field Offices have management oversight.
These amounts are only for guidance purposes for you to develop your
program budgets by Field Office jurisdiction and are not the exact
amounts to be awarded to you in each area.

[[Page 9636]]

HUD will determine the total amount to be awarded to any provider
based upon the size and needs of the provider's service area within
each Field Office jurisdiction in which the provider is selected to
operate, the funds available for that area, the number of other
awardees selected in that area, and the scope of the technical
assistance to be provided. Additionally, HUD may reduce the amount of
funds allocated for Field Office jurisdictions to fund national CD-TA
providers and other CD-TA providers for activities which cannot be
budgeted or estimated by Field Office jurisdiction. HUD may require
selected applicants, as a condition of funding, to provide coverage on
a geographically broader basis than applied for in order to supplement
or strengthen the intermediary network in terms of the location
(service area), types and scope of technical assistance proposed.
(C) In order to reach new technical assistance providers in the
CDBG, HOME, CHDO and SH program areas, 40% of the funds in each of
these four program areas within a field office (or at the national
level) will be awarded to applicants who have not previously been
funded under a technical assistance competition. Therefore,
approximately $1 million will be awarded to new providers in CDBG; $3.2
million in HOME; $3.6 million in CHDO; and $1 million in SHP. With
respect to CHDO funds, 40% of the total funds (single state and multi-
state combined) are earmarked for new providers. If qualified new
applicants are not found in each program area in each Field Office and/
or at the national level, the remaining funds will be made available
for previously funded providers. The reverse also is true.
(D) To the extent permitted by funding constraints, HUD intends to
provide coverage for as full a range as possible, of eligible CD-TA
activities of each CD-TA program in each Field Office jurisdiction. To
achieve this objective, HUD will fund the highest ranking providers
that bring the required expertise in one or more specialized activity
areas, and fund portions of providers' proposed programs in which they
have the greatest skill and capability for given geographic areas or on
a national basis. HUD also may require national, multi-jurisdictional,
or other providers to provide coverage to Field Office jurisdictions
which cannot otherwise receive cost-effective support from a CD-TA
provider. In selecting applicants for funding, in addition to the
rating factors, HUD will apply program policy criteria identified in
Section V of this CD-TA Program section of SuperNOFA to select a range
of providers and activities that would best serve program objectives
for each program serviced by the CD-TA funded under this SuperNOFA.

III. Program Description; Program Award Period; Eligible
Applicants; Eligible and Ineligible Activities; and Sub-Grants/Pass
Through Funds

(A) Program Description. Up to $24.3 million in technical
assistance (TA) funds is available from five separate technical
assistance programs: Community Development Block Grant (CDBG) TA,
Community Housing Development Organization (CHDO) TA, HOME TA, SHP TA,
and HOPWA TA (collectively ``CD-TA'').
The funding of these five CD-TA programs through a single funding
availability announcement will not affect the ability of eligible
applicants to seek CD-TA funding. Eligible applicants are able to apply
for funding under as few as one, and as many as five, separate CD-TA
programs, individually or collectively, singularly or in combination.
The specific provisions of the five separate CD-TA programs have not
been changed. This Community Development Technical Assistance Programs
section of the SuperNOFA reflects the statutory requirements and
differences in the five different CD-TA programs.
(B) Program Award Period.
(1) Cooperative Agreements will be for a period of up to 36 months.
HUD, however, reserves the right to:
(a) Terminate awards in accordance with provisions contained in OMB
Circular A-102, and 24 CFR parts 84 and 85 anytime after 12 months;
(b) Withdraw funds from a specific provider, if HUD determines that
the urgency of need for the assistance is greater in other Field Office
jurisdictions or the need for assistance is not commensurate with the
award for assistance;
(c) Extend the performance period of individual awardees up to a
total of 12 additional months.
(2) In cases where an applicant selected for funding under this
program section of the SuperNOFA currently is providing CD technical
assistance under an existing CD-TA grant/cooperative agreement, HUD
reserves the right to adjust the start date of funding under this
program to coincide with the conclusion of the previous award, or to
incorporate the remaining activities from the previous award into the
new agreement, adjusting the funding levels as necessary.
(C) Eligible Applicants.
(1) General. The eligible applicants for each of the five CD-TA
programs are listed in paragraphs (2), (3), (4) and (5) of this Section
(C). This paragraph (1) lists requirements applicable to all
applicants.
(a) Many organizations are eligible to apply for more than one CD-
TA program and are encouraged to do so to the extent they have the
requisite experience, expertise and capability.
(b) All applicant organizations must have demonstrated ability to
provide CD-TA in a geographic area larger than a single city or county
and must propose to serve an area larger than a single city or county.
(c) An organization may not provide assistance to itself, and any
organization funded to assist CHDOs under this CD-TA Program section of
the SuperNOFA may not act as a CHDO itself within its service area
while under award with HUD.
(d) A consortium of organizations may apply for one or more CD-TA
programs, but HUD will require that one organization be designated as
the legal applicant, where legally feasible. Where one organization
cannot be so designated for all proposed activities, HUD may execute
more than one cooperative agreement with the members of a consortium.
(e) All applicants must meet minimum statutory eligibility
requirements for each CD-TA program for which they are chosen in order
to be awarded a cooperative agreement. Copies of the Technical
Assistance program regulations will be provided with the application
kit.
(f) All eligible CD-TA providers may propose assistance using in-
house staff, consultants, sub-contractors and sub-recipients, networks
of private consultants and/or local organizations with requisite
experience and capabilities. Whenever possible, applicants should make
use of technical assistance providers located in the Field Office
jurisdiction receiving services. This draws upon local expertise and
persons familiar with the opportunities and resources available in the
area to be served while reducing travel and other costs associated with
delivering the proposed technical assistance services.
(g) All applicants must meet the applicable threshold requirements
of Section II(B) of the General Section of the SuperNOFA.
(2) CDBG and Supportive Housing Eligible Applicants.
(a) States and units of general local government.
(b) Public and private non-profit or for-profit groups, including
educational institutions and area-wide planning

[[Page 9637]]

organizations, qualified to provide technical assistance on CDBG
programs or Supportive Housing projects. With respect to the CDBG
program, an applicant group must be designated as a technical
assistance provider to a unit of government's CDBG program by the chief
executive officer of each unit to be assisted before assistance is
provided, unless the assistance is limited to conferences/workshops
attended by more than one unit of government. Do not include letters of
designation in your application since granting of an award does not
constitute approval of assistance to a given community and is provided
only through a Technical Assistance Delivery Plan (see Section IV(A)(3)
of this program section of the SuperNOFA).
(3) CHDO Eligible Applicants. Public and private non-profit
intermediary organizations that customarily provide services (in more
than one community) related to affordable housing or neighborhood
revitalization to CHDOs, or similar organizations that engage in
community revitalization, including all eligible organizations under
section 233 of the Cranston-Gonzalez National Affordable Housing Act,
as amended.
HUD will consider an intermediary as a primarily single State
technical assistance provider if it can document that more than 50% of
its past activities in working with CHDOs or similar nonprofit and
other organizations (on the production of affordable housing or
revitalization of deteriorating neighborhoods and/or the delivery of
technical assistance to these groups) was confined to the geographic
limits of a single State.
(4) HOME Eligible Applicants.
(a) A for-profit or non-profit professional and technical services
company or firm that has demonstrated capacity to provide technical
assistance services;
(b) A HOME participating jurisdiction (PJ) or agency thereof;
(c) A public purpose organization responsible to the chief elected
official of a PJ and established pursuant to State or local
legislation;
(d) An agency or authority established by two or more PJs to carry
out activities consistent with the purposes of the HOME program;
(e) A national or regional non-profit organization that has
membership comprised predominantly of entities or officials of entities
of PJs or PJs' agencies or established organizations.
(5) HOPWA Eligible Applicants.
(a) Non-profit organizations; and
(b) States and units of general local government.
(D) Eligible and Ineligible Activities. Eligible and ineligible
activities as appropriate for each of the five CD-TA programs are
listed below:
(1) Community Development Block Grant Technical Assistance.
(a) Eligible Activities. Activities performed with CDBG funds must
meet the substantive nexus test contained in 24 CFR 570.402(a)(2) and
may include:
(i) The provision of technical or advisory services;
(ii) The design and operation of training projects such as
workshops, seminars, conferences, or computer-based training;
(iii) The development and distribution of technical materials and
information;
(iv) Other methods of demonstrating and making available skills,
information and knowledge to assist States, units of general local
government, in planning, developing, administering or assessing
assistance under CDBG programs in which they are participating or
seeking to participate.
(b) Ineligible Activities. Activities for which costs are
ineligible for funding under the Community Development Block Grant
Technical Assistance Program include:
(i) In the case of technical assistance for States, the cost of
carrying-out the administration of the State CDBG program for non-
entitlement communities;
(ii) The cost of carrying out the activities authorized under the
CDBG Program, such as the provision of public services, construction,
rehabilitation, planning and administration for which the technical
assistance is to be provided;
(iii) The cost of acquiring or developing the specialized skills or
knowledge to be provided by a group funded under this section;
(iv) Research activities;
(v) The cost of identifying units of governments needing assistance
(except the cost of selecting recipients of technical assistance under
the provision of 24 CFR 570.402(j) is eligible); or
(vi) Activities designed primarily to benefit HUD, or to assist
HUD, in carrying out the Department's responsibilities; such as
research, policy analysis of proposed legislation, training or travel
of HUD staff, or development and review of reports to Congress.
(2) CHDO Technical Assistance. CHDO Technical Assistance funds may
be used only for the following eligible activities:
(a) Organizational Support--Organizational support assistance may
be made available to community housing development organizations to
cover operational expenses and to cover expenses for training and
technical, legal, engineering and other assistance to the board of
directors, staff, and members of the community housing development
organization;
(b) Housing Education--Housing education assistance may be made
available to community housing development organizations to cover
expenses for providing or administering programs for educating,
counseling, organizing homeowners and tenants who are eligible to
receive assistance under other provisions of the HOME Program;
(c) Program-Wide Support of Nonprofit Development and Management--
Technical assistance, training, and continuing support may be made
available to eligible community housing development organizations for
managing and conserving properties developed under the HOME Program;
(d) Benevolent Loan Funds--Technical assistance may be made
available to increase the investment of private capital in housing for
very low-income families, particularly by encouraging the establishment
of benevolent loan funds through which private financial institutions
will accept deposits at below-market interest rates and make those
funds available at favorable rates to developers of low-income housing
and to low-income homebuyers;
(e) Community Development Banks and Credit Unions--Technical
assistance may be made available to establish privately owned, local
community development banks and credit unions to finance affordable
housing;
(f) Community Land Trusts--Organizational support, technical
assistance, education, training and continuing support under this
subsection may be made available to community land trusts (as such term
is defined in section 233(f) of the Cranston-Gonzalez National
Affordable Housing Act) and to community groups for the establishment
of community land trusts; and
(g) Facilitating Women in Homebuilding Professions--Technical
assistance may be made available to businesses, unions, and
organizations involved in construction and rehabilitation of housing in
low-and moderate-income areas to assist women residing in the area to
obtain jobs involving such activities, which may include facilitating
access by helping such women develop nontraditional skills, recruiting
women to participate in such programs, providing continuing support for
women at job sites,

[[Page 9638]]

counseling and educating businesses regarding suitable work
environments for women, providing information to such women regarding
opportunities for establishing small housing construction and
rehabilitation businesses, and providing materials and tools for
training such women (in an amount not exceeding 10% of any assistance
provided under this paragraph). HUD shall give priority under this
paragraph to providing technical assistance for organizations
rehabilitating single family or multifamily housing owned or controlled
by HUD pursuant to title II of the National Housing Act and which have
women members in occupations in which women constitute 25% or less of
the total number of workers in the occupation (in this section referred
to as ``nontraditional occupations'').
(3) HOME Technical Assistance Program. HUD will provide assistance
to:
(a) Facilitate the exchange of information that would help
participating jurisdictions carry out the purposes of the HOME statute,
including information on program design and accessibility, housing
finance, land use controls, and building construction techniques;
(b) Improve the ability of States and units of local government to
design and implement housing strategies, particularly those States and
units of local government that are relatively inexperienced in the
development of affordable housing;
(c) Encourage private lenders and for-profit developers of low-
income housing to participate in public-private partnerships to achieve
the purposes of the HOME statute;
(d) Improve the ability of States and units of local government,
community housing development organizations, private lenders, and for-
profit developers of low-income housing to incorporate energy
efficiency into the planning, design, financing, construction and
operation of affordable housing;
(e) Facilitate the establishment and efficient operation of
employer-assisted housing programs, through research, technical
assistance, and demonstration projects; and
(f) Facilitate the establishment and efficient operation of land
bank programs, under which title to vacant and abandoned parcels of
real estate located in or causing blighted neighborhoods is cleared for
use consistent with the purposes of the HOME statute.
(4) Supportive Housing Program Technical Assistance. Funds are
available to provide technical assistance to HUD funded Supportive
Housing projects. Funds may be used to provide technical assistance to
prospective applicants, applicants, recipients or other providers
(project sponsors) of Supportive Housing or SHP-funded services for
homeless persons. The assistance may include, but is not limited to,
written information such as papers, manuals, guides and brochures;
person-to-person exchanges; on-site assessments and provision of
technical expertise; and training and related costs.
(5) HOPWA Technical Assistance.
For the purposes of this program section of the SuperNOFA, HOPWA
technical assistance shall mean the transfer to HOPWA grantees and
project sponsors and potential recipients of program funds, the skills
and knowledge needed to develop, operate and support HOPWA-eligible
projects and activities.
An applicant for HOPWA TA funds must propose activities on a
national or regional basis (e.g. serving a multi-state area). The
application should emphasize how activities will advise and train
communities and project sponsors in undertaking program planning,
community consultations, housing development and operations,
coordination with related health-care and other supportive services,
and evaluation and reporting on program performance. The Department has
established the following four national goals for HOPWA TA projects:
(a) Comprehensive Strategies for HIV/AIDS Housing. HOPWA TA funds
can be used to advise and train communities in: undertaking community-
based needs assessments of the housing needs of persons living with
HIV/AIDS and their families; drafting comprehensive multiple-year HIV/
AIDS housing plans; undertaking community-wide consultations, including
consulting with potential clients, providers of HIV/AIDS housing and/or
services, and local, State and Federal agencies that administer HIV/
AIDS-related programs, including programs funded under the Ryan White
CARE Act, and programs that address serious mental illness, chronic
alcohol and other drug abuse issues, and homelessness; integrating HIV/
AIDS housing efforts within the area's consolidated planning processes:
and collaborating with the area's Continuum of Care Homeless Assistance
processes in assisting persons with HIV/AIDS who are homeless.
Technical assistance also may be used to train communities in how to
best target assistance to traditionally underserved subpopulations in
developing community-based needs assessments and may build capacity for
State-wide, metropolitan, non-metropolitan and/or rural areas in
development of area multi-year HIV and AIDS housing plans. You also
could provide technical assistance to HOPWA formula grantees that are
new recipients of formula allocations or that are designated by HUD as
prospective recipients in future allocations to promote the planning
and startup for the use of funds.
(b) Sound Management of HOPWA Programs. HOPWA TA funds can be used
to help ensure that grantees and project sponsors use funds in a manner
that upholds the public trust in the operation of programs, including:
advising on management practices to provide responsive, efficient and
cost effective facility and program operations; advising on fiscal
management to ensure accountability in the use of funds; advising on
the coordination of housing with health-care and other related
supportive services for eligible persons; assisting in developing
collaborations with local, State and Federal agencies that administer
HIV/AIDS-related programs, including programs funded under the Ryan
White CARE Act; advising on data collection and evaluation of programs;
providing program handbooks, guidance materials, audio/visual products,
training, and other activities to promote good management practices.
(c) Use of HUD Information Management Tools. HOPWA TA funds may be
used to assist grantees, project sponsors and other organizations
involved in HIV/AIDS plans in using the Department's information
technology, financial systems and information management systems for
developing, operating and reporting on program activities. Applications
should address how TA activities will support the use of the
Department's Consolidated Planning Process, Integrated Disbursement and
Information System (IDIS), the use of HOPWA Annual Progress Reports,
the Grants Management System, the LOCCS/HUDCAPS and other HUD
information collection or financial management tools. The use of these
management tools will help to ensure that your performance is measured
under the HOPWA national performance goals, established in the
Department's Annual Performance Plan. You should address plans for
conducting grantee and sponsor workshops, developing training
materials, developing or adapting software for program activities and
goals, and sponsoring conferences of grantees and sponsors.
(d) National HOPWA Information. HOPWA TA funds may be used to

[[Page 9639]]

establish a component to support HIV/AIDS housing discussions, panels,
presentations, information, exhibit booths, and other training
materials at national, regional, state-wide and local meetings of
organizations that are involved in housing, community development,
health-care and supportive services, veterans affairs and other human
service efforts. The component should help promote understanding on
HIV/AIDS housing issues and needs of persons living with HIV/AIDS, and
offer training on developing and accessing HIV/AIDS housing and related
services. A research and information services component of this effort
should include the development of information on HIV/AIDS housing and
activities supported under HOPWA grants which will be published for
national distribution, including disseminating information on the
success and lessons learned by the HOPWA Special Projects of National
Significance and Long-term grants in non-formula areas that have been
awarded in the HOPWA national competitions. This component should
emphasize the collection and dissemination of information on the ``best
practices'' of HUD grantees that should serve as a basis for peer
support, technical assistance, and program improvement or address
emerging and unresolved issues in assisting persons living with HIV/
AIDS and their families.
(E) Sub-Grants/Pass-Through Funds. Applicants may propose to make
sub-grants to achieve the purposes of their proposed CA-TA programs in
accordance with program requirements in Section IV of this CD-TA
Program section of the SuperNOFA. In the case of CHDO TA, these sub-
grants (also called ``pass-through'' funds) may be made for eligible
activities and to eligible entities as identified in Section 233(b)(1),
(2), and (7) of the Cranston-Gonzalez National Affordable Housing Act.
When CHDO TA sub-grants are made to CHDOs, two statutory provisions
apply:
(1) The sub-grant amount, when combined with other capacity
building and operating support available through the HOME program,
cannot exceed the greater of 50% of the CHDO's operating budget for the
year in which it receives the funds, or $50,000 annually;
(2) An amount not exceeding 10% of the total funds awarded for the
``Women in the Homebuilding Professions'' eligible activity may be used
to provide materials and tools for training such women.

IV. Program Requirements

In addition to the program requirements listed in the General
Section of this SuperNOFA, applicants are subject to the following
requirements:

(A) Program Requirements for CDBG, CHDO, HOME and SHP

(1) Profit/Fee. No increment above cost, no fee or profit, may be
paid to any recipient or subrecipient of an award under this CD-TA
Program section of the SuperNOFA.
(2) Demand/Response Delivery System.
(a) As an awardee, you must operate within the structure of the
demand/response system described in this section. You must coordinate
your plans with, and operate under the direction of, each HUD Field
Office within whose jurisdiction you are operating. When so directed by
a Field Office, you will coordinate your activities instead through a
lead CD-TA provider or other organization designated by the Field
Office.
(b) If selected as the lead CD-TA provider in any Field Office
jurisdiction, as an awardee you must coordinate the activities of other
CD-TA providers selected under this CD-TA Program section of the
SuperNOFA under the direction of the HUD Field Office. Joint activities
by CD-TA providers may be required.
(c) Under the demand/response system, CD-TA providers will be
required to:
(i) When requested by a Field Office or Government Technical
Representative (GTR), market the availability of their services to
existing and potential clients to include local jurisdictions in which
the assistance will be delivered.
(ii) Respond to requests for assistance from the HUD Field
Office(s) with oversight of the geographic service area for which the
technical assistance will be delivered, including responding to
priorities established by the Field Office in its Grants Management
System. CHDOs, HOME PJs, CDBG and SHP grantees may request assistance
from the CD-TA provider directly, but such requests must be approved by
the local HUD Field Office.
(iii) When requested by a Field Office or GTR, conduct a Needs
Assessment to identify the type and nature of the assistance needed by
the recipients of the assistance. These needs assessments should
typically identify the nature of the problem to be addressed by the
technical assistance services; the plan of action to address the need
including the type of technical assistance services to be provided, the
duration of the service, the staff assigned to provide the assistance,
anticipated products and/or outcomes, and the estimated cost for the
provision of services; and the relationship of the proposed services to
the planned or expected Consolidated Plan submission to HUD and to
other technical assistance providers providing service within the
locality.
(iv) Obtain approval for the Technical Assistance Delivery Plan
(TADP) from the HUD Field Office(s) with oversight for the area in
which service will be provided. (See Section 3 below).
(v) Work cooperatively with other CD-TA providers in their
geographic areas to ensure that clients are provided with the full
range of CD-TA services needed and available. CD-TA providers are
expected to be knowledgeable about the range of services available from
other providers, make referrals and arrange visits by other CD-TA
providers when appropriate, and carry out CD-TA activities concurrently
when it is cost-effective and in the interests of the client to do so.
HUD Field Offices may direct CD-TA providers to conduct joint
activities.
(3) Technical Assistance Delivery Plan (TADP).
(a) After selection for funding but prior to award, you must
develop a TADP for each Field Office jurisdiction or National Program
for which you have been selected, in consultation with the Field office
and/or GTR.
(b) In developing the TADP, you must follow the Field Office's
Business Operating Plan (BOP) and management strategies/workplans for
each community/State in the Field Office's jurisdiction. You must use
these BOP/management strategies/workplans in determining your priority
work activities, location of activities, and organizations to be
assisted during the cooperative agreement performance period.
(c) The BOP/grantee management strategies/workplans are part of the
Field Office's Grants Management Process (GMP) and should indicate the
issues to be addressed by CD-TA, the improved performance expected as a
result of CD-TA, and methods for measuring the success of the CD-TA.
(d) The TADP must delineate all the tasks and sub-tasks for each CD
program the applicant will undertake in each Field Office jurisdiction.
It must show the location of the community/State in which the CD-TA
activities will occur, the level of CD-TA funding and proposed
activities by location, the improved program performance or other
results expected from the CD-TA and

[[Page 9640]]

the methodology to be used for measuring the success of the CD-TA. A
time schedule for delivery of the activities, budget-by-task and
staffing plan must be included in the TADP.
(4) Negotiation. After all applications have been rated and ranked
and a selection has been made, HUD requires that all winners
participate in negotiations to determine the specific terms of the TADP
and the budget. HUD will follow the negotiation procedures described in
Section III(D) of the General Section of the SuperNOFA.
(5) Forms, Certifications and Assurances. You must submit with your
application the forms, certifications and assurances listed in the
General Section of this SuperNOFA. After selection for funding but
prior to your providing services to a specific community you must
submit the CDBG Nexus Statement (where applicable) and/or the CHDO TA
designation letter (where applicable).
(6) Financial Management and Audit Information. After selection for
funding but prior to award, you must submit a certification from an
Independent Public Accountant or the cognizant government auditor,
stating that your financial management system meets prescribed
standards for fund control and accountability required by 24 CFR part
84 for Institutions of Higher Education and other Non-Profit
Institutions, 24 CFR part 85 for States and local governments, or the
Federal Acquisition Regulations (for all other applicants). The
information should include the name and telephone number of the
independent auditor, cognizant Federal auditor, or other audit agency
as applicable.
(7) Designation for CDBG/CHDO Technical Assistance Providers. CDBG
TA providers will be expected to obtain designation as technical
assistance providers by the chief executive officers of each community
within which they are working as required by 24 CFR 570.402(c)(2). CHDO
TA providers will be responsible for securing a technical assistance
designation letter from a PJ stating that a CHDO or prospective CHDO to
be assisted by the provider is a recipient or intended recipient of
HOME funds and indicating, at its option, subject areas of assistance
that are most important to the PJ.
(8) Training Sessions. When conducting training sessions as part of
its CD-TA activities, CD-TA providers are required to:
(a) Design the course materials as ``step-in'' packages (also
called ``train-the trainer'' packages) so that a Field Office or other
CD-TA provider may separately give the course on its own;
(b) Arrange for joint delivery of the training with Field Office
participation when so requested by the Field Office or by the GTR for
national grants; and
(c) When requested by a Field Office and/or GTR, provide for
professional videotaping of the workshops/courses and ensure their
production in a professional and high-quality manner, suitable for
viewing by other CD clients (if this requirement is implemented,
additional funds may be requested).
(d) When required by HUD, deliver HUD-approved training courses
that have been designed and developed by other HUD contractors or HUD
cooperating parties on a ``step-in'' basis for CD-TA clients, and send
trainers to HUD-approved Train-the Trainer sessions.
(9) Reports to Field Offices and/or GTRs. CD-TA providers will be
required to report to the HUD Field Office(s) with oversight of the
geographic area(s) in which CD-TA services are provided or to
Headquarters GTRs in the case of national providers. At a minimum, this
reporting will be on a quarterly basis unless otherwise specified in
the approved TADP.
(10) Active Participation. HUD Field Offices will be active
participants in the delivery of all technical assistance by funded
providers throughout the term of the cooperative agreement.
(11) CHDO Pass-Through Funds. CD-TA providers proposing pass-
through grants are required to:
(a) Establish written criteria for selection of CHDOs receiving
pass-through funds which includes the following:
(i) Participating jurisdictions (PJs) must designate the
organizations as CHDOs.
(ii) Generally, the organizations should not have been in existence
more than 3 years.
(b) Enter into an agreement with the CHDO that the agreement and
pass-through funding may be terminated at the discretion of the
Department if no written legally binding agreement to provide
assistance for a specific housing project (for acquisition,
rehabilitation, new construction or tenant-based rental assistance) has
been made by the PJ with the CHDO within 24 months of receiving the
pass-through funding.
(12) CHDO TA Program Limitations. Pursuant to section 233(d)(1) and
(2) of the Cranston-Gonzalez National Affordable Housing Act, funding
to any single eligible nonprofit intermediary organization seeking to
provide CHDO TA, whether as an independent or joint applicant, is
limited to the lesser of 20% of all funds, or an amount not to exceed
20% of the organization's operating budget for any one year (not
including funds sub-awarded or passed through the intermediary to
CHDOs). Pursuant to section 233(e), HUD is making available through
this program section of the SuperNOFA 40% of the total CHDO TA funds to
single state providers within the Field Offices. If there are no single
state applicants or the qualified single state applicants utilize less
than the 40% set-aside in a given Field Office, that Field Office's
single state CHDO set-aside will be redistributed among the qualified
multi-state providers in that Field Office. Field Offices also may
utilize their multi-state set-aside for single state applicants if the
reverse is true.
(13) HOME TA Program Limitations. Pursuant to section 243(b) of the
Cranston-Gonzalez National Affordable Housing Act, funding to any
single eligible HOME TA organization, whether as an independent or
joint applicant, is limited to not more than 20% of the operating
budget of the recipient organization in any one year and is limited to
20% of the funds available under this program section of the SuperNOFA.
(14) Affirmatively Furthering Fair Housing. Section II(D) of the
General Section of the SuperNOFA does not apply to these technical
assistance programs.

(B) Program Requirements for HOPWA Technical Assistance

(1) General Requirements. The items listed below specify the
requirements that apply to the HOPWA TA applications as follows: in
Section (A), Paragraphs: (1) on Profit/Fee; (4) Negotiation, except
that the TADP reference will apply to a workplan negotiated between the
applicant and the GTR for the HOPWA TA grant in HUD Headquarters; (5)
Forms, Certifications and Assurances; (6) Financial Management and
Audit Information; (8) Training Sessions; (9) Reports to Field Offices
and/or GTRs, except that you must report to the HOPWA Headquarters GTR,
at a minimum, on a quarterly basis, unless otherwise specified in an
approved HOPWA TA workplan; and the HOPWA TA grantees must also report
to the GTR in the Headquarters program office by September 30, 1999 for
activities carried out in Fiscal Year 1999; and (14) Affirmatively
Furthering Fair Housing.
(2) Coordination of HOPWA TA Requests. Except for national
meetings, research, information and other activities that are conducted
on a program-wide basis in cooperation with HUD Headquarters, as the
grantee of HOPWA TA funds, you must work

[[Page 9641]]

cooperatively with HUD Field Offices. You must notify the applicable
HUD Field Office of the planned activities; must consider the views or
recommendations of that office, if any; must follow those
recommendations, to the degree practicable; and must report to the
applicable Field Office on the accomplishments of this assistance.

V. Application Selection Process

(A) Rating and Ranking.

(1) HUD will evaluate applications competitively and rank them
against all other applicants that have applied for the same CD-TA
program (CDBG, HOME, SHP) within each Field Office or as a National
Provider under HOPWA. CHDO applications are similarly evaluated and
ranked but are separated into two sub-groups--single State providers
and multi-State providers. There will be separate rankings for each CD-
TA program, and you will be ranked only against others that have
applied for the same CD-TA program.
(2) Once scores are assigned, all applications will be listed in
rank order for each CD-TA program for which they applied by Field
Office jurisdiction and/or the HOPWA National Program. In each Field
Office jurisdiction or National Program area, all applications for the
CDBG TA program will be listed in rank order on one list, all
applications for the HOME TA program will be listed in rank order on
another list, all applications for the SHP TA program will be listed in
rank order on another list, and all applications for the HOPWA TA
national projects will be ranked separately on another list. All
applications for the CHDO TA program will be ranked separately on
either the single state provider list or the multi-state provider list.
Under this system, a single application from one organization for all
CD-TA programs could be assigned different scores and different
rankings for each program in different Field Offices.
(3) Applications will be funded in rank order for each CD-TA
program by Field Office jurisdiction, except for HOPWA TA national
providers and others which cannot be ranked by Field Office
jurisdiction. National providers and others will be ranked separately
and funded in rank order for each CD-TA program. Irrespective of final
scores, HUD may apply program policy criteria to select one applicant
in each of the four (CDBG, CHDO, HOME and SHP) CD-TA programs in each
Field Office, to ensure diversity of methods, approaches, or kinds of
projects. HUD will apply these program policy criteria to provide
coverage of CD-TA services for minorities; women, particularly women in
the homebuilding professions under section 233(b)(7) of the Cranston-
Gonzalez National Affordable Housing Act; persons with disabilities;
homeless; persons with special needs; and rural areas.
(4) In addition to the authority in the General Section to adjust
funding, HUD reserves the right to adjust funding levels for each
applicant for each CD-TA program, as follows:
(a) Award additional funds to organizations designated as lead CD-
TA providers as discussed in Section IV(A)(2)(b) of this CD-TA Program
section of the SuperNOFA;
(b) Adjust funding levels for any provider based upon the size and
needs of the provider's service area within each Field Office
jurisdiction in which the provider is selected to operate, the funds
available for that area, the number of other awardees selected in that
area, funds available on a national basis for providers that will be
operating nationally, or the scope of the technical assistance to be
provided;
(c) To negotiate increased grant awards with applicants approved
for funding if HUD requests them to offer coverage to geographic areas
for which they did not apply or budget, or if HUD receives an
insufficient amount of applications.
(5) If funds remain after all selections have been made, remaining
funds may be:
(a) Distributed among all HUD Field Offices (in proportion to their
fair-share awards) and/or the National Program, or
(b) Made available for other CD-TA program competitions.
(6) If you apply for HOPWA TA funds, you must propose activities
that will be carried out on a national or regional basis. With respect
to the HOPWA TA program, the amount of funds you request may be
adjusted by HUD to ensure that at least $300,000 of the TA funds will
be designated for each of the following four HOPWA TA goals:
(a) Comprehensive Strategies for HIV/AIDS Housing;
(b) Sound Management of HOPWA Programs;
(c) Use of HUD Information Management Tools; and
(d) National HOPWA Information.
If the highest rated application fails to adequately address one or
more of the HOPWA TA goals, HUD reserves the right after selecting the
highest rated application, to also provide funds to address the goal(s)
that is not addressed by: selecting an application that does address
this goal(s) in the rank order of all applications that address this
goal(s); or, if no application is found to adequately address this
goal(s), by modifying the proposed program of the selected
application(s) to address this goal(s). To ensure that activities are
carried out on a national basis, HUD may also modify the service area
of a selected application, if practicable.
(B) Factors for Award Used to Evaluate and Rate Applications. The
factors and maximum points for each factor are provided below. The
maximum number of points to be awarded for a CD-TA application is 100.
The minimum score for an applicant to be considered in funding range is
55, with a minimum of 11 points in Factor 1 and 9 points in Subfactor 2
of Factor 3. The CD-TA program is not an eligible program for the EZ/EC
bonus points, as described in Section III(C)(1) of the General Section
of the SuperNOFA.
Rating of the ``applicant'' or the ``applicant's organization and
staff'', unless otherwise specified, will include any sub-contractors,
consultants, sub-recipients, and members of consortia which are firmly
committed to the project.
When addressing the Factors for Award, the applicant should discuss
the specific TA projects, activities, tasks, etc. that it suggests be
carried out during the term of the cooperative agreement. See Sections
IV(A)(2) and (3) for a discussion of the extent to which such
activities may be revised at or after the time of award.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational
Experience (20 Points) (Minimum for Funding Eligibility--11 Points)
In rating this factor, HUD will consider the extent to which the
application demonstrates in relation to CD-TA program funding that is
requested:
(1) (10 points) Recent, relevant and successful experience of your
organization and staff in providing technical assistance in all
eligible activities and to all eligible entities for the CD-TA
program(s) applied for, as described in the regulations;
(2) (5 points) The relevant experience and competence of your key
personnel in managing complex, multi-faceted or multi-disciplinary
programs that require coordination with other CD-TA entities or
multiple, diverse units in an organization;
(3) (5 points) You have sufficient personnel or access to qualified
experts or professionals to deliver the proposed level of technical
assistance in each proposed service area in a timely and effective
fashion.

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Rating Factor 2: Potential Effectiveness of the Application in Meeting
Needs of Target Groups/Localities and Accomplishing Project Objectives
for Each CD-TA Program for Which Funds Are Requested (20 Points)
In rating this factor, HUD will consider the extent to which your
application:
(1) (10 points) Identifies high priority needs and issues for the
CD program in each community or Field Office jurisdiction for which CD-
TA funding is requested, or on a national or regional basis for
national HOPWA grants;
(2) (5 points) Outlines a clear and cost-effective plan of
suggested TA activities for addressing those needs and aiding a broad
diversity of eligible grantees and/or beneficiaries, including those
which traditionally have been under-served; and
(3) (5 points) Identifies creative activities to assist eligible
grantees in participating in the development of, and improving, local
Consolidated Plans and comprehensive strategies.
Rating Factor 3: Soundness of Approach (40 Points)
In rating this factor, HUD will consider the extent to which your
application evidences a sound approach in addressing identified needs
and:
(1) (15 points) Provides a cost effective plan for designing,
organizing, and carrying out the suggested technical assistance
activities within the framework of the Demand/Response System or, for
HOPWA TA applicants, in addressing the four HOPWA TA goals on a
national or regional basis.
(2) (15 points) (Minimum for Funding Eligibility--9 points)
Demonstrates an effective outreach and assistance program to previously
underserved disadvantaged communities and/or organizations with the
potential to participate in CPD programs.
(3) (5 points) Provides for full geographic coverage, including
urban and rural areas, (directly or through a consortium of providers)
of a single State or Field Office jurisdiction or is targeted to
address the needs of rural areas, minority groups or other under-served
groups, or for HOPWA TA applicants, addresses national or regional
approaches;
(4) (5 points) Proposes a feasible, creative plan, which uses state
of the art or new promising technology, to transfer models and lessons
learned in each of its CD-TA program's activities to grantees and/or
program beneficiaries in other CD-TA programs.
Rating Factor 4: Leveraging Resources (10 Points)
This factor addresses your ability to secure community resources
(note: financing is a community resource) which can be combined with
HUD's program resources to achieve program purposes. In evaluating this
factor HUD will consider:
The extent to which you have partnered with other entities to
secure additional resources to increase the effectiveness of the
proposed program activities. Resources may include funding or in-kind
contributions, such as services or equipment, allocated to the
purpose(s) of the award you are seeking. Resources may be provided by
governmental entities, public or private nonprofit organizations, for-
profit private organizations, or other entities willing to partner with
the applicant. You also may partner with other program funding
recipients to coordinate the use of resources in the target area.
You must provide evidence of leveraging/partnerships by including
in the application letters of firm commitments, memoranda of
understanding, or agreements to participate from those entities
identified as partners in the application. Each letter of commitment,
memorandum of understanding, or agreement to participate should include
the organization's name, proposed level of commitment and
responsibilities as they relate to the proposed program. The commitment
must also be signed by an official of the organization legally able to
make commitments on behalf of the organization.
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 Consolidated Planning process and
Continuum of Care homeless assistance strategy, and is working towards
addressing a need in a holistic and comprehensive manner through
linkages with other activities in the community.
In evaluating this factor, HUD will consider the extent to which
you demonstrates you have:
(1) Coordinated your 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. Describe any written agreements, memoranda of understanding in
place, or that will be in place after award.
(2) Taken or will take specific steps to work with recipients of
technical assistance services become active in the community's
Consolidated Planning process (including the Analysis of Impediments to
Fair Housing Choice) established to identify and address a need/problem
that is related to the activities the applicant proposes.
(3) Taken or will take specific steps to develop linkages to
coordinate comprehensive solutions through meetings, information
networks, planning processes or other mechanisms with:
(a) Other HUD-funded projects/activities outside the scope of those
covered by the Consolidated Plan; and
(b) Other Federal, State or locally funded activities, including
those proposed or on-going in the community.

VI. Application Submission Requirements

In addition to the forms, certifications and assurances listed in
Section II(G) of the General Section of the SuperNOFA, your application
must, at a minimum, contain the following items, (except that the
following paragraphs (C), (D), (E), (F), (G) and (H) do not apply to
HOPWA TA applicants):
(A) Transmittal Letter which identifies the SuperNOFA, the CD-TA
programs for which funds are requested and the dollar amount requested
for each program, and the applicant or applicants submitting the
application. If your organization has never received a HUD technical
assistance award, please include a statement to this effect in the
transmittal letter.
(B) Narrative statement addressing the Factors for Award described
in Section V(B) of this CD-TA Program section of this SuperNOFA. You
should number the narrative response in accordance with each factor for
award. This narrative statement will be the basis for evaluating your
application. It should include a plan of suggested TA activities as
described in Factors 2, 3, and elsewhere. These suggested TA activities
may form a starting point for negotiating the TADP described in Section
IV(A)(3) of this CD-TA Program section of the SuperNOFA. However, they
are used primarily for purposes of rating and evaluation and may be
substantially altered and revised during negotiations with the Field
Offices on the content of the TADPs (see Section IV(A)(3) or
Headquarters program office for national projects.

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(C) Statement that identifies the Field Office jurisdictions in
which you propose to offer services. If you will not offer services
throughout the full jurisdictional area of the Field Office, your
statement should identify the service areas involved (e.g., States,
counties, etc.), as well as the communities in which you propose to
offer services.
(D) A matrix that summarizes the amount of funds you are requesting
for each CD-TA program in each Field Office jurisdiction. (See CD-TA
Appendix B for a copy of the matrix to be submitted.)
(E) A statement as to whether you propose to use pass-through funds
for CHDOs under the CHDO TA program, and, if so, the amount and
proposed uses of such funds.
(F) If applying for the CHDO TA program, a certification as to
whether you qualify as a primarily single-State provider under section
233(e) of the Cranston-Gonzalez Affordable Housing Act and as discussed
in Section III(C)(3) of the CD-TA Program section of this SuperNOFA.
(G) A statement as to whether you propose to be considered for the
role of lead CD-TA provider in one or more specific program areas in a
Field Office jurisdiction, and if so, your organization's capabilities
and attributes that qualify you for the role.
(H) Budget identifying costs for implementing the plan of suggested
TA activities by cost category for each CD-TA program for which funds
are requested by Field Office or as a National Provider (in accordance
with the following):
(1) Direct Labor by position or individual, indicating the
estimated hours per position, the rate per hour, estimated cost per
staff position and the total estimated direct labor costs;
(2) Fringe Benefits by staff position identifying the rate, the
salary base the rate was computed on, estimated cost per position, and
the total estimated fringe benefit cost;
(3) Material Costs indicating the item, quantity, unit cost per
item, , estimated cost per item, and the total estimated material
costs;
(4) Transportation Costs, as applicable.
(5) Equipment charges, if any. Equipment charges should identify
the type of equipment, quantity, unit costs and total estimated
equipment costs;
(6) Consultant Costs, if applicable. Indicate the type, estimated
number of consultant days, rate per day, total estimated consultant
costs per consultant and total estimated costs for all consultants;
(7) Subcontract Costs, if applicable. Indicate each individual
subcontract and amount;
(8) Other Direct Costs listed by item, quantity, unit cost, total
for each item listed, and total other direct costs for the award;
(9) Indirect Costs should identify the type, approved indirect cost
rate, base to which the rate applies and total indirect costs.
These line items should total the amount requested for each CD-TA
program area. The grand total of all CD-TA program funds requested
should reflect the grand total of all funds for which application is
made.

VII. Corrections to Deficient Applications

The General Section of the SuperNOFA provides the procedures for
corrections to deficient applications.

VIII. Environmental Requirements

In accordance with 24 CFR 50.19(b)(9) and 58.34(a)(9), the
assistance provided by these programs relates only to the provision of
technical assistance and is categorically excluded from the
requirements of the National Environmental Policy Act and not subject
to environmental review under the related laws and authorities. This
determination is based on the ineligibility of real property
acquisition, construction, rehabilitation, conversion, leasing or
repair for HUD assistance under these technical assistance programs.

IX. Authority

CDBG Technical Assistance. The Community Development Block Grant
Technical Assistance Program is authorized under Title I of the Housing
and Community Development Act of 1974, (42 U.S.C. 5301-5320; 24 CFR
570.402).
CHDO Technical Assistance. The CHDO Technical Assistance Program is
authorized by the HOME Investment Partnerships Act (42 U.S.C. 12773);
24 CFR part 92.
HOME Technical Assistance. The HOME Technical Assistance Program is
authorized by the HOME Investment Partnerships Act (42 U.S.C. 12781-
12783); 24 CFR part 92.
SHP Technical Assistance. The Supportive Housing Program is
authorized under 42 U.S.C. 11381 et seq.; 24 CFR 583.140.
HOPWA Technical Assistance. The HOPWA Technical Assistance program
is authorized under the Department's FY 1999 appropriation act. The
HOPWA program is authorized under the AIDS Housing Opportunities Act
(42 U.S.C. 12901) and the HOPWA regulations are found at 24 CFR part
574.

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Funding Availability for the Community Outreach Partnership Centers
Program Program Overview

Purpose of the Program. To provide funds to community colleges,
four-year colleges, and universities to establish and operate Community
Outreach Partnership Centers (COPCs) to address the problems of urban
areas.
Available Funds. Approximately $7.5 million.
Eligible Applicants. Public and private profit and nonprofit
institutions of higher education granting two- or four-year degrees and
accredited by a national or regional accrediting agency recognized by
the U.S. Department of Education.
Application Deadline. June 9, 1999.
Match. 50% of the total costs of establishing and operating
research activities and 25% of the total costs of establishing and
operating outreach activities.

Additional Information:

If you are interested in applying for funding under this program,
please review carefully the General Section of this SuperNOFA and the
following additional information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

Application Due Date. Your completed application is due on or
before 12:00 midnight, Eastern time on June 9, 1999, 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. Submit your completed
application (one original and two copies) to: Processing and Control
Branch, Office of Community Planning and Development, U.S. Department
of Housing and Urban Development, 451 Seventh Street, SW, Room 7251,
Washington, DC 20410. When submitting your application, please refer to
COPC and include your name, mailing address (including zip code) and
telephone number (including area code).
For Application Kits. For an application kit and supplemental
information you should call the SuperNOFA Information Center at 1-800-
HUD-8929. Persons with hearing or speech impairments may call

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-4476. Public record. Not legal advice.