Notice of Submission of Proposed Information Collection to OMB

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the General Counsel

[Docket No. N-95-3347; FR-3064-N-02]

Notice of Submission of Proposed Information Collection to OMB

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: The proposed information collection requirement described

below has been submitted to the Office of Management and Budget (OMB)

for expedited review, as required by the Paperwork Reduction Act. The

Department is soliciting public comments on the subject proposal.

ADDRESSES: Interested persons are invited to submit comments regarding

this proposal. Comments must be received within five (5) days from the

date of this Notice. Comments should refer to the proposal by name and

should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of

Management and Budget, New Executive Office Building, Washington, DC

20503.

FOR FURTHER INFORMATION CONTACT:

Kay F. Weaver, Reports Management Officer, Department of Housing and

Urban Development, 451 7th Street, Southwest, Washington, DC 20410,

telephone (202) 708-0050. This is not a toll-free number. Copies of the

proposed forms and other available documents submitted to OMB may be

obtained from Ms. Weaver.

SUPPLEMENTARY INFORMATION: The Department has submitted the proposal

for the collection of information, as described below, to OMB for

review, as required by the Paperwork Reduction Act (44 U.S.C. Chapter

35). The Department is requesting that OMB complete its review within

five working days from the date of this Notice.

This Notice lists the following information: (1) The title of the

information collection proposal; (2) the office of the agency to

collect the information; (3) the description of the need for the

information and its proposed use; (4) the agency form number, if

applicable; (5) what members of the public will be affected by the

proposal; (6) an estimate of the total number of hours needed to

prepare the information submission including number of respondents,

frequency of response, and hours of response; (7) whether the proposal

is new or an extension, reinstatement, or revision of an information

collection requirement; and (8) the names and telephone numbers of an

agency official familiar with the proposal and of the OMB Desk Officer

for the Department.

Authority: Section 3507 of the Paperwork Reduction Act, 44

U.S.C. 3507; Section 7(d) of the Department of Housing and Urban

Development Act, 42 U.S.C. 3535(d).

Dated: March 13, 1995.

Nelson A. Diaz,

General Counsel.

Notice of Submission of Proposed Information Collection to OMB

Proposal: Applicant/Recipient Disclosure/Update Form (HUD-2880)

Reinstatement

Office: Office of the General Counsel

Description of the Need for the Information and Its Proposed Use:

Section 102 of the HUD Reform Act of 1989 requires that persons or

entities applying for or updating an application for certain HUD

assistance disclose information regarding interested parties and other

financial assistance received and the sources and uses of that

assistance. The information is made available for public scrutiny, and

it is used by the Department to determine if subsidy layering is

occurring.

Form Number: HUD-2880

Respondents: Applicants or recipients of certain competitive HUD

assistance.

Reporting burden:

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

Number of Frequency Hours per Burden

respondents x of response x response = Hours

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HUD-2880..................................... 13,520 1.25 2.2 37,100

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Total Estimated Burden Hours: 37,100

Status: Expired December 31, 1995.

Contact: Aaron Santa Anna, HUD (202) 708-3815; Joseph F. Lackey, Jr.,

OMB, (202) 395-7316.

Dated: March 13, 1995.

Supporting Statement--1989 HUD Reform Act, Section 102--

Accountability

A. Justification

1. Explain the Circumstances That Make the Collection of Information

Necessary

Section 102 of the HUD Reform Act of 1989 requires the Department

to ensure greater accountability and integrity in the provision of

certain types of assistance administered by the Department. One feature

of the statute requires certain disclosures by applicants seeking

assistance from HUD, and from States and units of local government, of

other assistance to be used with respect to the activities to be

carried out with the assistance. The disclosure includes the financial

interests of persons in the activities, and the sources of funds to be

made available for the activities and the use to which the funds are to

be put.

Each applicant who submits an application for assistance within the

jurisdiction of the Department to HUD, or to a State or to a unit of

general local government, for a specific project or activity must

disclose this information whenever the dollar threshold is met. This

information must be kept updated during the application review process

and while the assistance is being provided.

2. Indicate How, by Whom, and for What Purpose the Information Is To Be

Used and the Consequence to Federal Program or Policy Activities If the

Collection of Information Was not Conducted

This legislation was developed to ensure greater accountability and

integrity in the provision of certain types of assistance administered

by the Department. The Department is required to publish in the Federal

Register the availability of assistance, application requirements and

procedures, the selection criteria to be used, and the resulting

funding decisions. HUD must also provide for public inspection of all

documentation and other information which indicate the basis for either

providing or denying the assistance being requested.

Applicants for assistance are required to disclose information

concerning other [[Page 14766]] governmental assistance they have

obtained or is pending for the same project, as well as information

about the key individuals involved with the proposed project/activity.

This information will assist the Department in having an accurate

assessment of the extent of government funding for a project as well as

information regarding the key personnel involved. The disclosure

requirement would be the only way in which this information could be

obtained.

3. Describe Any Consideration of the Use of Improved Information

Technology to Reduce Burden and Any Technical or Legal Obstacles to

Reducing Burden

It would be difficult to determine the extent to which applicants

for HUD assistance have advanced information technology equipment on

hand. Therefore, it would not be appropriate for the Department to

mandate the use of a particular software. The form which has been

designed to capture the required data however could easily be computer

generated.

4. Describe Efforts to Identify Duplication

This reporting requirement is new to the Department. It is

explicitly mandated by Section 102 of the Housing Reform Act of 1989,

approved December 15, 1989. There is no duplication.

5. Show Specifically Why Any Similar Information Already Available

Cannot Be Used or Modified for the Purpose Described in 2.

The information that is being required for disclosure has not been

previously requested.

6. If the Collection of Information Involves Small Businesses or Other

Small Entities, Describe the Methods Used to Minimize Burden

An applicant for assistance within the jurisdiction of the

Department will not be required to make the disclosures if they will

not receive an aggregate amount of all forms of such assistance in

excess of $200,000 during the fiscal year in which the application is

submitted. Setting the threshold at this level should exclude most

small entities from the reporting requirement.

7. Describe the Consequences to Federal Program or Policy Activities If

the Collection Were Conducted Less Frequently

This requirement is part of the assistance application process. As

such, it is not a periodic report, but instead should be viewed as a

one-time requirement. It is intended to provide information necessary

to the review process.

8. Explain Any Special Circumstances That Require the Collection To Be

Conducted in a Manner Inconsistent With the Guidelines in 5 CFR 1320.6

None.

9. Describe Efforts to Consult With Persons Outside the Agency to

Obtain Their Views on the Availability of Data

The Department published a proposed rule to implement Section 102

on June 19, 1995 (55 FR 25036). Comments on the proposed rule were

received and considered.

10. Describe Any Assurance of Confidentiality Provided to Respondents

and the Basis for the Assurance in Statute, Regulation, or Agency

Policy

None. There is no purpose for confidentiality since the legislation

includes specific requirements for the government to make all

information regarding applications for HUD assistance available for

public inspection.

11. Provide Additional Justification for Any Questions of a Sensitive

Nature

Questions involving financial interest are statutorily mandated.

12. Provide Estimates of Annualized Cost to the Federal Government and

to the Respondents

Federal Government

The cost to the government can be broken down as follows:

No. of reviews of disclosed information

16,900

No. hours to complete a review

.45

Cost for total no. reviews:

(@$30.hr.)

$228,000

Respondent

The cost to respondents to disclose the data HUD is requiring is

estimated at $557,700. This number is for the total number of

applicants meeting the $200,00 threshold and is based on the following

assumptions:

Current hourly wage is estimated at $15 per hour. Each applicant

must disclose three ypes of information: a listing of other government

assistance that is expected to be made available for the project, a

listing of all interested parties including any developers,

contractors, and consultants, and a report of all sources and uses of

funds. The time required to prepare this information is estimated at

2.2 hours per initial submission.

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

No. of disclosures

(including Hours Rate Total

updates)

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

16,900 2.2 $15 $557,700

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

13. Provide estimates of the Burden of Collection of Information

This is a new requirement. The following matrix provides an

estimate of the burden on respondents meeting the threshold

necessitated by the disclosure report.

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Number of

responses Frequency Hours Burden

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Initial Applications....................................... 13,500 1 2.5 33,700

Updates.................................................... 3,400 1 1 3,400

Total Estimated Burden Hours: 37,100

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[[Page 14767]] 14. Explain reasons for changes in burden, including

the need for any increases.

Not Applicable.

15. Collection of information to be used for statistical use.

Not applicable.

BILLING CODE: 4210-01-M

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[GRAPHIC][TIFF OMITTED]TN20MR95.004

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[GRAPHIC][TIFF OMITTED]TN20MR95.005

BILLING CODE: 4210-01-C

[[Page 14771]]

Public reporting burden for this collection of information is

estimated to average 2.5 hours per response, including the time for

reviewing instructions, searching existing data sources, gathering

and maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this burden

estimate or any other aspect of this collection of information,

including suggestions for reducing this burden, to the Reports

Management Officer, Office of Information Policies and Systems, U.S.

Department of Housing and Urban Development, Washington, D.C. 20410-

3600 and to the Office of Management and Budget, Paperwork Reduction

Project (2535-0101), Washington, D.C. 20503. Do not send this

completed form to either of these addressees.

Privacy Act Statement. Except for Social Security Numbers (SSNs)

and Employer Identification Numbers (EINs), the Department of

Housing and Urban Development (HUD) is authorized to collect all the

information required by this form under section 102 of the

Department of Housing and Urban Development Reform Act of 1989, 42

U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN

is used as a unique identifier. The information you provide will

enable HUD to carry out its responsibilities under Sections 102(b),

(c), and (d) of the Department of Housing and Urban Development

Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989.

These provisions will help ensure greater accountability and

integrity in the provision of certain types of assistance

administered by HUD. They will also help ensure that HUD assistance

for a specific housing project under Section 102(d) is not more than

is necessary to make the project feasible after taking account of

other government assistance. HUD will make available to the public

all applicant disclosure reports for five years in the case of

applications for competitive assistance, and for generally three

years in the case of other applications. Update reports will be made

available along with the disclosure reports, but in no case for a

period generally less than three years. All reports, both initial

reports and update reports, will be made available in accordance

with the Freedom of Information Act (5 U.S.C. Sec. 552) and HUD's

implementing regulations at 24 CFR Part 15. HUD will use the

information in evaluating individual assistance applications and in

performing internal administrative analyses to assist in the

management of specific HUD programs. The information will also be

used in making the determination under Section 102(d) whether HUD

assistance for a specific housing project is more than is necessary

to make the project feasible after taking account of other

government assistance. You must provide all the required

information. Failure to provide any required information may delay

the processing of your application, and may result in sanctions and

penalties, including imposition of the administrative and civil

money penalties specified under 24 CFR Sec. 12.34.

Note: This form only covers assistance made available by the

Department. States and units of general local government that carry

out responsibilities under Sections 102(b) and (c) of the Reform Act

must develop their own procedures for complying with the Act.

Instructions (See Note 1 on last page.)

I. Overview. Subpart C of 24 CFR Part 12 provides for (1)

initial reports from applicants for HUD assistance and (2) update

reports from recipients to HUD assistance. An overview of these

requirements follows.

A. Applicant disclosure (initial) reports: General. All

applicants for assistance from HUD for a specific project or

activity must make a number of disclosures, if the applicant meets a

dollar threshold for the receipt of covered assistance during the

fiscal year in which the application is submitted. The applicant

must also make the disclosures if it requests assistance from HUD

for a specific housing project that involves assistance from other

governmental sources.

Applicants subject to Subpart C must make the following

disclosures:

Assistance from other government sources in connection with the

project,

The financial interests of persons in the project,

The sources of funds to be made available for the project, and

The uses to which the funds are to be put.

B. Update reports: General. All recipients covered assistance

must submit update reports to the Department to reflect substantial

changes to the initial applicant disclosure reports.

C. Applicant disclosure reports: Specific guidance. The

applicant must complete all parts of this disclosure form if either

of the following two circumstances in paragraph 1. or 2., below,

applies:

1.a. Nature of Assistance. The applicant submits an application

for assistance for a specific project or activity (See Note 2) in

which:

HUD makes assistance available to a recipient for a specific

project or activity; or

HUD makes assistance available to an entity (other than a State

or a unit of general local government), such as a public housing

agency (PHA), for a specific project or activity, where the

application is required by statute or regulation to be submitted to

HUD for any purpose; and

b. Dollar Threshold. The applicant has received, or can

reasonably expect to receive, an aggregate amount of all forms of

assistance (See Note 3) from HUD, States, and units of general local

government, in excess of $200,000 during the Federal fiscal year

(October 1 through September 30) in which the application is

submitted. (See Note 4)

2. The applicant submits an application for assistance for a

specific housing project that involves other government assistance.

(See Note 5) Note: There is no dollar threshold for this criterion:

any other government assistance triggers the requirement. (See Note

6)

If the Application meets neither of these two criteria, the

applicant need only complete Parts I and II of this report, as well

as the certification at the end of the report. If the Application

meets either of these criteria, the applicant must complete the

entire report.

The applicant disclosure report must be submitted with the

application for the assistance involved.

D. Update reports: Specific guidance. During the period in which

an application for covered assistance is pending, or in which the

assistance is being provided (as indicated in the relevant grant or

other agreement), the applicant must make the following additional

disclosures:

1. Any information that should have been disclosed in connection

with the application, but that was omitted.

2. Any information that would have been subject to disclosure in

connection with the application, but that arose at a later time,

including information concerning an interested party that now meets

the applicable disclosure threshold referred to in Part IV, below.

3. For changes in previously disclosed other government

assistance:

For programs administered by the Assistant Secretary for

Community Planning and Development, any change in other government

assistance that exceeds the amount of such assistance that was

previously disclosed by $250,000 or by 10 percent of the assistance

(whichever is lower).

For all other programs, any change in other government

assistance that exceeds the amount of such assistance that was

previously disclosed.

4. For changes in previously disclosed financial interests, any

change in the amount of the financial interest of a person that

exceeds the amount of the previously disclosed interests by $50,000

or by 10 percent of such interests (whichever is lower).

5. For changes in previously disclosed sources or uses of funds:

a. For programs administered by the Assistant Secretary for

Community Planning and Development:

Any change in a source of funds that exceeds the amount of all

previously disclosed sources of funds by $250,000 or by 10 percent

of those sources (whichever is lower); and

Any change in a use of funds under paragraph (b)(1)(iii) that

exceeds the amount of all previously disclosed uses of funds by

$250,000 or by 10 percent of those uses (whichever is lower).

b. For all programs, other than those administered by the

Assistant Secretary for Community Planning and Development:

For projects receiving a tax credit under Federal, State, or

local law, any change in a source of funds that was previously

disclosed.

For all other projects, any change in a source of funds that

exceeds the lower of:

The amount previously disclosed for that source of funds by

$250,000, or by 10 percent of the amount previously disclosed for

that source, whichever is lower; of

The amount previously disclosed for all sources of funds by

$250,000, or by 10 percent of the amount previously disclosed for

all sources of funds, whichever is lower.

c. For all programs, other than those administered by the

Assistant Secretary for Community Planning and

Development: [[Page 14772]]

For projects receiving a tax credit under Federal, State, or

local law, any change in a use of funds that was previously

disclosed.

For all other projects, any change in a use of funds that

exceeds the lower of:

The amount previously disclosed for that use of funds by

$250,000, or by 10 percent of the amount previously disclosed for

that use whichever is lower; or

The amount previously disclosed for all uses of funds by

$250,000, or by 10 percent of the amount previously disclosed for

all uses of funds, whichever is lower.

Note: Update reports must be submitted within 30 days of the

change requiring the update. The requirement to provide update

reports only applies if the application for the underlying

assistance was submitted on or after the effective date of Subpart

C.

II. Line-by-Line Instructions

A. Part I. Applicant/Recipient Information

All applicants for HUD assistance specified in Section I.C.1.a.,

above, as well as all recipients required to submit an update report

under Section I.D., above, must complete the information required by

Part I. The applicant/recipient must indicate whether the disclosure

is an initial or an update report. Line-by-line guidance for Part I

follows:

1. Enter the full name, address, city, State, zip code, and

telephone number (including area code) of the applicant/recipient.

Where the applicant/recipient is an individual, the last name, first

name, and middle initial must be entered. Entry of the applicant/

recipient's SSN or EIN, as appropriate, is optional.

2. Applicants enter the name and full address of the project or

activity for which the HUD assistance is sought. Recipients enter

the name and full address of the HUD-assisted project or activity to

which the update report relates. The most appropriate government

identifying number must be used (e.g., RFP No.; IFB No.; grant

announcement No.; or contract, grant, or loan No.) Include prefixes.

3. Applicants describe the HUD assistance referred to in Section

I.C.1.a. that is being requested. Recipients describe the HUD

assistance to which the update report relates.

4. Applicants enter the HUD program name under which the

assistance is being requested. Recipients enter the HUD program name

under which the assistance, that relates to the update report, was

provided.

5. Applicants enter the amount of HUD assistance that is being

requested. Recipients enter the amount of HUD assistance that has

been provided and to which the update report relates. The amounts

are those stated in the application or award documentation. NOTE: In

the case of assistance that is provided pursuant to contract over a

period of time (such as project-based assistance under section 8 of

the United States Housing Act of 1937), the amount of assistance to

be reported includes all amounts that are to be provided over the

term of the contract, irrespective of when they are to be received.

Note: In the case of Mortgage Insurance under 24 CFR Subtitle B,

Chapter II, the mortgagor is responsible for making the applicant

disclosures, and the mortgagee is responsible for furnishing the

mortgagor's disclosures to the Department. Update reports must be

submitted directly to HUD by the mortgagor.

Note: In the case of the Project-Based Certificate program under

24 CFR Part 882, Subpart G, the owner is responsible for making the

applicant disclosures, and the PHA is responsible for furnishing the

owner's disclosures to HUD. Update reports must be submitted through

the PHA by the owner.

B. Part II. Threshold Determinations--Applicants Only

Part II contains information to help the applicant determine

whether the remainder of the form must be completed. Recipients

filing Update Reports should not complete this Part.

1. The first question asks whether the applicant meets the

Nature of Assistance and Dollar Threshold requirements set forth in

Section I.C.1. above.

If the answer is Yes, the applicant must complete the remainder

of the form. If the answer is No, the form asks the applicant to

certify that its response is correct, and to complete the next

question.

2. The second question asks whether the application is for a

specific housing project that involves other government assistance,

as described in Section I.C.2. above.

If the answer is Yes, the applicant must complete the remainder

of the form. If the answer is No, the form asks the applicant to

certify that its response is correct.

If the answer to both questions 1 and 2 is No, the applicant

need not complete Parts III, IV, or V of the report, but must sign

the certification at the end of the form.

C. Part III. Other Government Assistance

This Part is to be completed by both applicants filing applicant

disclosure reports and recipients filing update reports. Applicants

must report any other government assistance involved in the project

or activity for which assistance is sought. Recipients must report

any other government assistance involved in the project or activity,

to the extent required under Section I.D.1.,2., or 3., above.

Other government assistance is defined in note 5 on the last

page. For purposes of this definition, other government assistance

is expected to be made available if, based on an assessment of all

the circumstances involved, there is reasonable grounds to

anticipate that the assistance will be forthcoming.

Both applicant and recipient disclosures must include all other

government assistance involved with the HUD assistance, as well as

any other government assistance that was made available before the

request, but that has continuing vitality at the time of the

request. Examples of this latter category include tax credits that

provide for a number of years of tax benefits, and grant assistance

that continues to benefit the project at the time of the assistance

request.

The following information must be provided:

1. Enter the name and address, city, State, and zip code of the

government agency making the assistance available. Include at least

one organizational level below the agency name. For example, U.S.

Department of Transportation, U.S. Coast Guard; Department of

Safety, Highway Patrol.

2. Enter the program name and any relevant identifying numbers,

or other means of identification, for the other government

assistance.

3. State the type of other government assistance (e.g., loan,

grant, loan insurance).

4. Enter the dollar amount of the other government assistance

that is, or is expected to be, made available with respect to the

project or activities for which the HUD assistance is ought

(applicants) or has been provided (recipients).

If the applicant has no other government assistance to disclose,

it must certify that this assertion is correct.

To avoid duplication, if there is other government assistance

under this Part and Part V, the applicant/recipient should check the

appropriate box in this Part and list the information in Part V,

clearly designating which sources are other government assistance.

D. Part IV. Interested Parties

This Part is to be completed by both applicants filling

applicant disclosure reports and recipients filling update reports.

Applicants must provide information on:

(1) All developers, contractors, or consultants involved in the

application for the assistance or in the planning, development, or

implementation of the project or activity; or

(2) Any other person who has a financial interest in the project

or activity for which the assistance is sought that exceeds $50,000

or 10 percent of the assistance (whichever is lower).

Recipients must make the additional disclosures referred to in

Section i.D.1., 2., or 4., above.

Note: A financial interest means any financial involvement in

the project or activity, including (but not limited to) situations

in which an individual entity has an equity interest in the project

or activity, shares in any profit on resale or any distribution of

surplus cash or other assets of the project or activity, or receives

compensation for any goods or services provided in connection with

the project or activity. Residency of an individual in housing for

which assistance is being sought is not, by itself, considered a

covered financial interest.

The information required below must be provided.

1. Enter the full names and addresses of all persons referred to

in paragraph (1) or (2) of this Part. If the person is an entity,

the listing must include the full name of each officer, director,

and principal stockholder of the entity. All names must be listed

alphabetically, and the names of individuals must be shown with the

last names first.

2. Entry of the Social Security Number (SSN) or Employee

identification Number (EIN), as appropriate, for each person listed

is optional.

3. Enter the type of participation in the project or activity

for each person listed; i.e., the person's specific role in the

project (e.g., contractor, consultant, planner, investor).

4. Enter the financial interest in the project or activity for

each person listed. The interest [[Page 14773]] must be expressed

both as a dollar amount and as a percentage of the amount of the HUD

assistance involved.

If the applicant has no persons with financial interests to

disclose, it must certify that this assertion is correct.

5. Part V. Report on Sources and Uses of Funds. This Part is to

be completed by both applicants filling applicant disclosure reports

and recipients filing update reports.

The applicant disclosure report must specify all expected

sources of funds--both from HUD and from any other source--that have

been, or are to be, made available for the project or activity. Non-

HUD sources of funds typically include (but are not limited to)

other government assistance referred to in Part III, equity, and

amounts from foundations and private contributions. The report must

also specify all expected uses to which funds are to be put. All

sources and uses of funds must be listed, if, based on an assessment

of all the circumstances involved, there are reasonable grounds to

anticipate that the source or use will be forthcoming.

Note that if any of the source/use information required by this

report has been provided elsewhere in this application package, the

applicant need not repeat the information, but need only refer to

the form and location to incorporate it into this report. (It is

likely that some of the information required by this report has been

provided on SF 424A, and on various budget forms accompanying the

application.) If this report requires information beyond that

provided elsewhere in the application package, the applicant must

include in this report all the additional information required.

Recipients must submit an update report for any change in

previously disclosed sources and uses of funds as provided in

Section I.D.5., above.

General Instructions--sources of funds.

Each reportable source of funds must indicate:

A. The name and address, city, State, and zip code of the

individual or entity making the assistance available. At least one

organizational level below the agency name should be included. For

example, U.S. Department of Transportation, U.S. Coast Guard;

Department of Safety, Highway Patrol.

b. The program name and any relevant identifying numbers, or

other means of identification, for the assistance.

C. The type of assistance (e.g., loan, grant, loan insurance).

Specific instructions--sources of funds.

(1) For programs administered by the Assistant Secretaries for

Fair Housing and Equal Opportunity and Policy Development and

Research, each source of funds must indicate the total amount

approved and received; and must be listed in descending order

according to the amount indicated.

(2) For programs administered by the Assistant Secretaries for

Housing--Federal Housing Commissioner, Community Planning and

Development, and Public and Indian Housing, each source of funds

must indicate the total amount of funds involved, and must be listed

in descending order according to the amount indicated.

(3) If Tax Credits are involved, the report must indicate all

syndication proceeds and equity involved.

General instructions--uses of funds.

Each reportable use of funds must clearly identify the purpose

to which they are to be put. Reasonable aggregations may be used,

such as ``total structure'' to include a number of structural costs,

such as roof, elevators, exterior masonry, etc.

Specific instructions--uses of funds.

(1) For programs administered by the Assistant Secretaries for

Fair Housing and Equal Opportunity and Policy Development and

Research, each use of funds must indicate the total amount of funds

involved; must be broken down by amount committed, budgeted, and

planned; and must be listed in descending order according to the

amount indicated.

(ii) For programs administered by the Assistant Secretaries for

Housing-Federal Housing Commissioner, Community Planning and

Development, and Public and Indian Housing, each use of funds must

indicate the total amount of funds involved and must be listed in

descending order according to the amount involved.

(iii) If any program administered by the Assistant Secretary for

Housing-Federal Housing Commissioner is involved, the report must

indicate all uses paid from HUD sources and other sources, including

syndication proceeds. Uses paid should include the following

amounts.

AMPO

Architect's fee--design

Architect's fee--supervision

Bond premium

Buildre's general overhead

Builder's profit

Construction interest

Consultant fee

Contingency Reserve

Cost certification audit fee

FHA examination fee

FHA inspection fee

FHA MIP

Financing fee

FNMA/GNMA fee

General requirements

Insurance

Legal--construction

Legal--organization

Other fees

Purchase price

Supplemental management fund

Taxes

Title and recording Operating deficit reserve

Resident initiative fund

Syndication expenses

Working capital reserve

Total land improvement

Total structures

Uses paid from syndication must include the following amounts:

Additional acquisition price and expenses

Bridge loan interest

Development fee

Operating deficit reserve

Resident initiative fund

Syndication expenses

Working capital reserve

Footnotes:

1. All citations are to 24 CFR Part 12, which was published in

the Federal Register on March 14, 1991 at 56 Fed. Reg. 11032.

2. A list of the covered assistance programs can be found at 24

CFR Sec. 12.30, or in the rules or administrative instructions

governing the program involved.

Note: The list of covered programs will be updated

periodically.

3. Assistance means any contract, grant, loan, cooperative

agreement, or other form of assistance, including the insurance or

guarantee of a loan or mortgage, that is provided with respect to a

specific project or activity under a program administered by the

Department. The term does not include contracts, such as

procurements contracts, that are subject to the Federal Acquisition

Regulation (FAR)(48 CFR Chapter 1).

4. See 24 CFR Secs. 12.32(a) (2) and (3) for detailed guidance

on how the threshold is calculated.

5. ``Other government assistance'' is defined to include any

loan, grant, guarantee, insurance, payment, rebate, subsidy, credit,

tax benefit, or any other form of direct or indirect assistance from

the Federal government (other than that requested from HUD in the

application), a State, or a unit of general local government, or any

agency or instrumentality thereof, that is, or is expected to be

made, available with respect to the project or activities for which

the assistance is sought.

6. For further guidance on the criterion, and for a list of

covered programs, see 24 CFR Sec. 12.50.

7. For purposes of Part 12, a person means an individual

(including a consultant, lobbyist, or lawyer); corporation; company;

association; authority; firm; partnership; society; State, unit of

general local government, or other government entity, or agency

thereof (including a public housing agency); Indian tribe; and any

other organization or group of people.

[FR Doc. 6717 Filed 3-17-95; 8:45 am]----------------------------------

BILLING CODE 4210-01-M