Super Notice of Funding Availability

Number 38)]
[Notices.]
[Page 9617-9666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe99-121]

Super Notice of Funding Availability (SuperNOFA) for HUD's Housing, OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4410-N-01]

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

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD Grant
Programs.

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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:
    <bullet> Simplify the application process;
    <bullet> Promote effective and coordinated use of program funds in
communities;
    <bullet> Reduce duplication in the delivery of services and
economic development and empowerment programs;
    <bullet> Allow applicants to seek to deliver a wider, more
integrated array of services; and
    <bullet> 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

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    [GRAPHIC] [TIFF OMITTED] TN26FE99.014

BILLING CODE 4210-32-C

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