Notice of Solicitation of Applications for the Section 533 Housing Preservation Grants for Fiscal Year 2020

Citation85 FR 16314
Record Number2020-05984
Published date23 March 2020
SectionNotices
CourtRural Housing Service
Federal Register, Volume 85 Issue 56 (Monday, March 23, 2020)
[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
                [Notices]
                [Pages 16314-16324]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-05984]
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                DEPARTMENT OF AGRICULTURE
                Rural Housing Service
                [Docket No. RHS-20-MFH-0007]
                Notice of Solicitation of Applications for the Section 533
                Housing Preservation Grants for Fiscal Year 2020
                AGENCY: Rural Housing Service, USDA.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: The Rural Housing Service (RHS), an Agency within Rural
                Development, announces that it is soliciting competitive applications
                under its Housing Preservation Grant (HPG) program. This action is
                taken to comply with Agency regulations which requires the Agency to
                announce the opening and closing dates for receipt of pre-applications
                for HPG funds from eligible applicants. The Agency will publish the
                amount of funding on its website at https://www.rd.usda.gov/newsroom/notices-solicitation-applications-nosas. Expenses incurred in
                developing applications will be at the applicant's risk.
                DATES: The closing deadline for receipt of all paper pre-applications
                in response to this Notice is 5:00 p.m., local time for each Rural
                Development State Office on May 7, 2020. If submitting the pre-
                application in electronic format, the closing deadline for receipt is
                5:00 p.m. Eastern Daylight Time on May 7, 2020.
                 Rural Development State Office locations can be found at: http://www.rd.usda.gov/contact-us/state-offices. RHS will not consider any
                application that is received after the closing deadline. Applicants
                intending to mail applications must provide sufficient time to permit
                delivery on or before the closing deadline date and time. Acceptance by
                the United States Postal Service or private mailer does not constitute
                delivery. Facsimile (FAX) and postage due applications will not be
                accepted.
                FOR FURTHER INFORMATION CONTACT: For general information, applicants
                may contact Bonnie Edwards-Jackson, Finance and Loan Analyst, Multi-
                Family Housing Preservation and Direct Loan Division, USDA-Rural
                Development, STOP 0781, 1400 Independence Avenue SW, Washington, DC
                20250-0781, telephone (202) 690-0759 (voice) (this is not a toll-free
                number) or (800) 877-8339 (TDD-Federal Information Relay Service) or
                via email at, [email protected].
                SUPPLEMENTARY INFORMATION:
                Priority Language for Funding Opportunities
                 The Agency encourages applications that will help improve life in
                rural America. See information on the Interagency Task Force on
                Agriculture and Rural Prosperity found at: www.usda.gov/ruralprosperity. Applicants are encouraged to consider projects that
                provide measurable results in helping rural communities build robust
                and sustainable economies through strategic investments in
                infrastructure, partnerships and innovation.
                 Key strategies include:
                 Achieving e-Connectivity for Rural America
                 Developing the Rural Economy
                 Harnessing Technological Innovation
                 Supporting a Rural Workforce
                 Improving Quality of Life
                 To leverage investments in rural property, the Agency also
                encourages projects located in rural Opportunity Zones where projects
                should provide measurable results in helping communities build robust
                and sustainable economies. An Opportunity Zone is an economically-
                distressed community where new investments, under certain conditions,
                may be eligible for preferential tax treatment. Localities qualify as
                Opportunity Zones if they have been nominated for that designation by
                the State and that nomination has been certified by the Secretary of
                the U.S. Treasury via his delegation of authority to the Internal
                Revenue Service.
                 To combat a key threat to economic prosperity, rural workforce and
                quality of life, the Agency also encourages applications that will
                support the Administration's goal to reduce the morbidity and mortality
                associated with Substance Use Disorder (including opioid misuse) in
                high-risk rural communities by strengthening the capacity to address
                prevention, treatment and/or recovery at the community, County, State,
                and/or Regional levels:
                 Key strategies include:
                 Prevention: Reducing the occurrence of Substance Use
                Disorder (including opioid misuse) and fatal
                [[Page 16315]]
                substance-related overdoses through community and provider education
                and harm reduction measures such as the strategic placement of overdose
                reversing devices, such as naloxone;
                 Treatment: Implementing or expanding access to evidence-
                based treatment practices for Substance Use Disorder (including opioid
                misuse) such as medication-assisted treatment (MAT); and
                 Recovery: Expanding peer recovery and treatment options
                that help people start and stay in recovery.
                 To focus investments in areas with the largest opportunity for
                growth in prosperity, the Agency encourages applications that serve the
                smallest communities with the lowest incomes, with an emphasis on areas
                where at least 20 percent of the population is living in poverty,
                according to the American Community Survey data by census tracts.
                Overview
                 Federal Agency Name: Rural Housing Service, USDA.
                 Funding Opportunity Title: Housing Preservation Grants.
                 Announcement Type: Notice.
                 Catalog of Federal Domestic Assistance Number: 10.433.
                Paperwork Reduction Act
                 The reporting requirements contained in this Notice have been
                approved by the Office of Management and Budget under OMB Number 0575-
                0115.
                A. Program Description
                 The HPG program is a grant program, authorized under 42 U.S.C.
                1490m and implemented at 7 CFR part 1944, subpart N, which provides
                qualified public agencies, private non-profit organizations including,
                but not limited to, Faith-Based and neighborhood partnerships, and
                other eligible entities; grant funds to assist low- and very low-income
                homeowners in repairing and rehabilitating their homes in rural areas.
                In addition, the HPG program assists cooperative housing complexes and
                rental property owners in rural areas in repairing and rehabilitating
                their units if they agree to make such units available to very low- and
                low- income persons. Rental property owners can include Section 515
                rental properties if the eligibility requirements for the HPG program
                are met. In accordance with 7 CFR part 1944.663, rental property owners
                must agree to make the units repaired or rehabilitated available for
                occupancy to very low- or low-income persons for a period of not less
                than 5 years. The minimum 5-year restriction to rent the very low- and
                low- income tenants will only apply to the units that are repaired with
                the HPG funding. Any units within the property that were not repaired
                with HPG funding will not be subject to the 5-year restriction.
                B. Federal Award Information
                 The funding instrument for the HPG program will be a grant
                agreement. The term of the grant can vary from 1 to 2 years, depending
                on available funds and demand. No maximum or minimum grant levels have
                been established at the National level. In accordance with 7 CFR
                1944.652, coordination and leveraging of funding for repair and
                rehabilitation activities with housing and community development
                organizations or activities operating in the same geographic area are
                expected, but not required. You should contact the Rural Development
                State Office to determine the allocation. HPG applicants who were
                previously selected for HPG funds are eligible to submit new
                applications to apply for fiscal year (FY) 2020 HPG program funds.
                 The amount of funding available for the HPG program may be found at
                the following link: http://www.rd.usda.gov/programs-services/housing-preservation-grants. In addition, the Consolidated Appropriations Act,
                2019 (Pub. L. 116-6) set-aside for grants located in Rural Economic
                Area Partnership Zones (REAP Zones). The State Office will indicate on
                the list submitted to the National Office if the application is
                eligible for the REAP Zones set-aside. The National Office will then
                compile a national list, rank the REAP Zones applicants based on the
                point allocations set forth in this Federal Register Notice, and
                distribute the HPG REAP Zones set-aside starting with the highest
                scoring eligible HPG REAP Zones applicants. Other funds will be
                distributed under a formula allocation to States pursuant to 7 CFR part
                1940, subpart L, ``Methodology and Formulas for Allocation of Loan and
                Grant Program Funds.'' Decisions on funding will be based on pre-
                application scores. Anyone interested in submitting an application for
                funding under this program is encouraged to consult the Rural
                Development website periodically for updated information regarding the
                status of funding authorized for this program.
                 The commitment of program dollars will be made to selected
                applicants that have fulfilled the necessary requirements for
                obligation.
                C. Eligibility Information
                 1. Eligible Applicants. Eligible entities for these competitively
                awarded grants include State and local Governments, non-profit
                corporations; which may include, but not be limited to Faith-Based and
                community organizations, federally recognized Indian Tribes, and
                consortia of eligible entities. HPG applicants who were previously
                selected for HPG funds are eligible to submit new applications to apply
                for FY 2020 HPG program funds. More eligibility requirements can be
                found at 7 CFR 1944.658, 1944.661, and 1944.662.
                 2. Cost Sharing or Matching. Pursuant to 7 CFR 1944.652, grantees
                are expected to coordinate and leverage funding for repair and
                rehabilitation activities; as well as replacement housing, with housing
                and community development organizations or activities operating in the
                same geographic area. While HPG funds may be leveraged with other
                resources, cost sharing or matching is not a requirement for the HPG
                applicant as the HPG applicant would not be denied an award of HPG
                funds if all other project selection criteria have been met.
                 3. Other. Awards made under this Notice are subject to the
                provisions contained in the Consolidated Appropriations Act, 2019 (Pub.
                L. 116-6) sections 744 and 745 regarding Corporate Felony Convictions
                and Corporate Federal Tax Delinquencies. To comply with these
                provisions, only applicants that are or propose to be corporations will
                submit this form as part of their pre-application. Form AD-3030,
                ``Representations Regarding Felony Conviction and Tax Delinquent Status
                for Corporate Applicants,'' can be found here: http://www.ocio.usda.gov/document/ad3030.
                D. Application and Submission Information
                 1. Address to Request Application Package: Applicants wishing to
                submit a paper application in response to this Notice must contact the
                Rural Development State Office serving the State of the proposed HPG
                housing project in order to receive further information and copies of
                the paper application package. You may find the addresses and contact
                information for each State Office following this link: http://www.rd.usda.gov/contact-us/state-offices. Rural Development will date
                and time stamp incoming paper applications to evidence timely receipt
                and; upon request, will provide the applicant with a written
                acknowledgment of receipt. You may access the electronic grant pre-
                application for Housing Preservation Grants at: http://www.grants.gov.
                [[Page 16316]]
                 2. Content and Form of Application: 7 CFR part 1944, subpart N
                provides details on what information must be contained in the pre-
                application package. Entities wishing to apply for assistance should
                contact the Rural Development State Office to receive further
                information, the State allocation of funds, and copies of the pre-
                application package. Unless otherwise noted, applicants wishing to
                apply for assistance must make its statement of activities available to
                the public for comment. The applicant(s) must announce the availability
                of its statement of activities for review in a newspaper of general
                circulation in the project area and allow at least 15 days for public
                comment. The start of this 15-day period must occur no later than 16
                days prior to the last day for acceptance of pre-applications by the
                United States Department of Agriculture (USDA)-Rural Development.
                Federally recognized Indian Tribes, pursuant to 7 CFR 1944.674, are
                exempt from the requirement to consult with local leaders including
                announcing the availability of its statement of activities for review
                in a newspaper.
                 All applicants will file an original and two copies of Standard
                Form (SF)-424, ``Application for Federal Assistance,'' and supporting
                information with the appropriate Rural Development State Office. A pre-
                application package; including SF-424, is available in any Rural
                Development State Office. All pre-applications shall be accompanied by
                the following information which Rural Development will use to determine
                the applicant's eligibility to undertake the HPG program and to
                evaluate the pre-application under the project selection criteria of 7
                CFR 1944.679.
                 (a) A statement of activities proposed by the applicant for its HPG
                program as appropriate to the type of assistance the applicant is
                proposing, including:
                 (1) A complete discussion of the type of and conditions for
                financial assistance for housing preservation, including whether the
                request for assistance is for a homeowner assistance program, a rental
                property assistance program, or a cooperative assistance program;
                 (2) The process for selecting recipients for HPG assistance,
                determining housing preservation needs of the dwelling, performing the
                necessary work, and monitoring/inspecting work performed;
                 (3) A description of the process for coordinating with other public
                and private organizations and programs that provide assistance in
                rehabilitation of historic properties in accordance with 7 CFR
                1944.673;
                 (4) The development standard(s) the applicant will use for the
                housing preservation work; and, if not the Rural Development standards
                for existing dwellings, the evidence of its acceptance by the
                jurisdiction where the grant will be implemented;
                 (5) The time schedule for completing the program;
                 (6) The staffing required to complete the program;
                 (7) The estimated number of very low- and low-income minority and
                nonminority persons the grantee will assist with HPG funds; and, if a
                rental property or cooperative assistance program, the number of units
                and the term of restrictive covenants on their use for very low- and
                low-income;
                 (8) The geographical area(s) to be served by the HPG program;
                 (9) The annual estimated budget for the program period based on the
                financial needs to accomplish the objectives outlined in the proposal.
                The budget should include proposed direct and indirect administrative
                costs, such as personnel, fringe benefits, travel, equipment, supplies,
                contracts, and other cost categories, detailing those costs for which
                the grantee proposes to use the HPG grant separately from non-HPG
                resources, if any. The applicant budget should also include a schedule
                (with amounts) of how the applicant proposes to draw HPG grant funds,
                i.e., monthly, quarterly, lump sum for program activities, etc.;
                 (10) A copy of an indirect cost proposal when the applicant has
                another source of Federal funding in addition to the Rural Development
                HPG program;
                 (11) A brief description of the accounting system to be used;
                 (l2) The method of evaluation to be used by the applicant to
                determine the effectiveness of its program which encompasses the
                requirements for quarterly reports to Rural Development in accordance
                with 7 CFR 1944.683(b) and the monitoring plan for rental properties
                and cooperatives (when applicable) according to 7 CFR 1944.689;
                 (13) The source and estimated amount of other financial resources
                to be obtained and used by the applicant for both HPG activities and
                housing development and/or supporting activities;
                 (14) The use of program income; if any, and the tracking system
                used for monitoring same;
                 (15) The applicant's plan for disposition of any security
                instruments held by them as a result of its HPG activities in the event
                of its loss of legal status;
                 (16) Any other information necessary to explain the proposed HPG
                program; and
                 (17) The outreach efforts outlined in 7 CFR 1944.671(b).
                 (b) Complete information about the applicant's experience and
                capacity to carry out the objectives of the proposed HPG program.
                 (c) Evidence of the applicant's legal existence, including, in the
                case of a private non-profit organization, which may include, but not
                be limited to, Faith-Based and community organizations, a copy of, or
                an accurate reference to, the specific provisions of State law under
                which the applicant is organized; a certified copy of the applicant's
                Articles of Incorporation and Bylaws or other evidence of corporate
                existence; certificate of incorporation for other than public bodies;
                evidence of good standing from the State when the corporation has been
                in existence one year or more; and the names and addresses of the
                applicant's members, directors and officers. If other organizations are
                members of the applicant-organization, or the applicant is a
                consortium, pre-applications should be accompanied by the names,
                addresses, and principal purpose of the other organizations. If the
                applicant is a consortium, documentation showing compliance with
                paragraph (4)(ii) under the definition of ``organization'' in 7 CFR
                1944.656 must also be included.
                 (d) For a private non-profit entity, which may include, but not be
                limited to, Faith-Based and community organizations, the most recent
                audited statement and a current financial statement dated and signed by
                an authorized officer of the entity showing the amounts and specific
                nature of assets and liabilities together with information on the
                repayment schedule and status of any debt(s) owed by the applicant.
                 (e) A brief narrative statement which includes information about
                the area to be served and the need for improved housing (including both
                percentage and the actual number of both low-income and low-income
                minority households and substandard housing), the need for the type of
                housing preservation assistance being proposed, the anticipated use of
                HPG resources for historic properties, the method of evaluation to be
                used by the applicant in determining the effectiveness of its efforts.
                 (f) A statement containing the component for alleviating any
                overcrowding as defined by 7 CFR 1944.656.
                 (g) A signed copy of the documentation in accordance with 7
                [[Page 16317]]
                CFR 1944.673 (as a companion to (a)(3) above);
                 (h) The applicant must submit written statements and related
                correspondence reflecting compliance with 7 CFR 1944.674(a) and (c)
                regarding consultation with local Government leaders in the preparation
                of its program and the consultation with local and State Government
                pursuant to the provisions of Executive Order 112372.
                (i) The applicant is to make its statement of activities available
                to the public for comment prior to submission to Rural Development
                pursuant to 7 CFR 1944.674(b). The application must contain a
                description of how the comments (if any were received) were addressed.
                 (j) The applicant must submit an original and one copy of Form RD
                400-1, ``Equal Opportunity Agreement'' and Form RD 400-4, ``Assurance
                Agreement'' in accordance with 7 CFR 1944.676.
                 Applicants should review 7 CFR part 1944, subpart N for a
                comprehensive list of all application requirements.
                 3. Address Unique Entity Identifier and System for Award
                Management: As part of the application, all applicants, except for
                individuals or agencies excepted under 2 CFR 25.110(d), must be: (1)
                registered in the System for Award Management (SAM); (2) provide a
                valid unique entity identifier in its applications; and (3) maintain an
                active SAM registration with current information at all times during
                which it has an active Federal award or application. An award may not
                be made to the applicant until the applicant has complied with the
                unique entity identifier and SAM requirements.
                 4. Intergovernmental Review: The HPG program is subject to the
                provisions of Executive Order 12372, which requires intergovernmental
                consultation with State and local officials.
                 5. Funding Restrictions: There are no limits on proposed direct and
                indirect costs. Expenses incurred in developing pre-applications will
                be at the applicant's risk.
                 6. Other Submission Requirements: To comply with the President's
                Management Agenda, USDA is participating as a partner in the
                Government-wide grants.gov site. Housing Preservation Grants [Catalog
                of Federal Domestic Assistance #10.433] is one of the programs included
                at this website. If you are an applicant under the HPG program, you may
                submit your pre-application to the Agency in either electronic or paper
                format. Please be mindful that the pre-application deadline for
                electronic format differs from the deadline for paper format. The
                electronic format deadline will be based on Eastern Standard Time. The
                paper format deadline is local time for each Rural Development State
                Office.
                 Users of Grants.gov will be able to download a copy of the pre-
                application package, complete it off line, and then upload and submit
                the application via the Grants.gov site. You may not email an
                electronic copy of a grant pre-application to USDA Rural Development;
                however, the Agency encourages your participation in Grants.gov.
                 The following are useful tips and instructions on how to use the
                website:
                 When you enter the Grants.gov site, you will find
                information about submitting an application electronically through the
                website as well as the hours of operation. USDA-Rural Development
                strongly recommends that you do not wait until the application deadline
                date to begin the application process through Grants.gov. To use
                Grants.gov, applicants must have a DUNS number.
                 You may submit all documents electronically through the
                website, including all information typically included on the
                Application for Housing Preservation Grants, and all necessary
                assurances and certifications.
                 After you electronically submit your application through
                the website, you will receive an automatic acknowledgement from
                Grants.gov that contains a Grants.gov tracking number.
                 RHS may request that you provide original signatures on
                forms at a later date.
                 If you experience technical difficulties on the closing
                date and are unable to meet the 5:00 p.m. (Eastern Standard Time)
                deadline, print out your application and submit it to your State
                Office; you must meet the closing date and local time deadline.
                 Please note that you must locate the downloadable
                application package for this program by the CFDA Number or FedGrants
                Funding Opportunity Number, which can be found at http://www.grants.gov.
                 In addition to the electronic pre-application at: http://www.grants.gov website, all applicants must complete and submit the FY
                2020 pre-application package, detailed later in this Notice, for the
                Section 533 HPG program. A copy of a suggested coversheet is included
                with this Notice. Applicants are encouraged to submit this pre-
                application coversheet electronically by accessing the website: http://www.rd.usda.gov/programs-services/housing-preservation-grants. Click on
                the Forms & Resources tab to access the ``FY 2020 Pre-Application for
                Section 533 Housing Preservation Grants (HPG).''
                 Applicants are encouraged; but not required, to also provide an
                electronic copy of all hard copy forms and documents submitted in the
                pre-application/application package as requested by this Notice. The
                forms and documents must be submitted as read-only Adobe Acrobat PDF
                files on an electronic media such as CDs, DVDs or USB drives. For each
                electronic device that you submit, you must include a Table of Contents
                listing all of the documents and forms on that device. The electronic
                medium must be submitted to the local Rural Development State Office
                where the project will be located.
                 Please Note: If you receive a loan or grant award under this
                Notice, USDA reserves the right to post all information that is not
                protected by the Privacy Act submitted as part of the pre-application/
                application package on a public website with free and open access to
                any member of the public.
                E. Application Review Information
                 1. Criteria. All paper applications for Section 533 HPG funds must
                be filed with the appropriate Rural Development State Office and all
                paper or electronic applications must meet the requirements of this
                Notice and 7 CFR part 1944, subpart N. Pre-applications determined not
                eligible and/or not meeting the selection criteria will be notified by
                the Rural Development State Office.
                 2. Review and Selection Process. The Rural Development State
                Offices will utilize the following threshold project selection criteria
                for applicants in accordance with 7 CFR 1944.679:
                 (a) Providing a financially feasible program of housing
                preservation assistance. ``Financially feasible'' is defined as
                proposed assistance which will be affordable to the intended recipient
                or result in affordable housing for very low- and low-income persons.
                 (b) Serving eligible rural areas with a concentration of
                substandard housing for households with very low- and low-income.
                 (c) Being an eligible applicant as defined in 7 CFR 1944.658.
                 (d) Meeting the requirements of consultation and public comment in
                accordance with 7 CFR 1944.674.
                 (e) Submitting a complete pre-application as outlined in 7 CFR
                1944.676.
                 3. Scoring. For applicants meeting all of the requirements listed
                above, the Rural Development State Offices will use weighted criteria
                in accordance with 7 CFR part 1944, subpart N as selection
                [[Page 16318]]
                for the grant recipients. Each pre-application and its accompanying
                statement of activities will be evaluated and, based solely on the
                information contained in the pre-application, the applicant's proposal
                will be numerically rated on each criteria within the range provided.
                The highest-ranking applicant(s) will be selected based on allocation
                of funds available to the State.
                 (a) Points are awarded based on the percentage of very low-income
                persons that the applicant proposes to assist, using the following
                scale:
                (1) More than 80%: 20 points
                (2) 61% to 80%: 15 points
                (3) 41% to 60%: 10 points
                (4) 20% to 40%: 5 points
                (5) Less than 20%: 0 points
                 (b) The applicant's proposal may be expected to result in the
                following percentage of HPG fund use (excluding administrative costs)
                to total cost of unit preservation. This percentage reflects maximum
                repair or rehabilitation with the least possible HPG funds due to
                leveraging, innovative financial assistance, owner's contribution or
                other specified approaches. Points are awarded based on the following
                percentage of HPG funds (excluding administrative costs) to total
                funds:
                (1) 50% or less: 20 points
                (2) 51% to 65%: 15 points
                (3) 66% to 80%: 10 points
                (4) 81% to 95%: 5 points
                (5) 96% to 100%: 0 points
                 (c) The applicant has demonstrated its administrative capacity in
                assisting very low- and low-income persons to obtain adequate housing
                based on the following:
                 (1) The organization or a member of its staff has at least one or
                more years' experience successfully managing and operating a
                rehabilitation or weatherization type program: 10 points.
                 (2) The organization or a member of its staff has at least one or
                more years' experience successfully managing and operating a program
                assisting very low- and low-income persons obtain housing assistance:
                10 points.
                 (3) If the organization has administered grant programs, there are
                no outstanding or unresolved audit or investigative findings which
                might impair carrying out the proposal: 10 points.
                 (d) The proposed program will be undertaken entirely in rural areas
                outside Metropolitan Statistical Areas, also known as MSAs, identified
                by Rural Development as having populations below 10,000 or in remote
                parts of other rural areas (i.e., rural areas contained in MSAs with
                less than 5,000 population) as defined in 7 CFR 1944.656: 10 points.
                 (e) The program will use less than 20 percent of HPG funds for
                administration purposes:
                (1) More than 20%: Not eligible
                (2) 20%: 0 points
                (3) 19%: 1 point
                (4) 18%: 2 points
                (5) 17%: 3 points
                (6) 16%: 4 points
                (7) 15% or less: 5 points
                 (f) The proposed program contains a component for alleviating
                overcrowding as defined in 7 CFR 1944.656: 5 points.
                 In the event more than one pre-application receives the same amount
                of points, those pre-applications will then be ranked based on the
                actual percentage figure used for determining the points in item (a) in
                the ``Scoring'' section of this Notice (7 CFR 1944.679(b)(1)).
                 Example of 1st tie-break:
                Both Applicants score 80 points
                Applicant X's percentage in ``Scoring'' section item (a) is 65%
                Applicant B's percentage in ``Scoring'' section item (a) is 75%
                Applicant B is ranked higher than Applicant X
                Applicant B will be funded before Applicant X
                 Further, in the event that pre-applications are still tied, then
                those pre-applications still tied will be ranked based on the
                percentage figures used for determining the points in item (b) in the
                ``Scoring'' section of this Notice (7 CFR 1944.679(b)(2)).
                 Example of 2nd tie-break:
                Both Applicants score 80 points
                Both Applicants percentage in ``Scoring'' section item (a) is 65%
                Applicant X's percentage in ``Scoring'' section item (b) is 55%
                Applicant B's percentage in ``Scoring'' section item (b) is 60%
                Applicant X is ranked with a lower percentage than Applicant B
                Applicant X will be funded before Applicant B
                 Further, 7 CFR 1944.679(c), for applications where HPG assistance
                to rental properties or co-ops is proposed, those still tied will be
                further ranked based on the number of years the units are available for
                occupancy under the program (a minimum of five years is required). For
                this part, ranking will be based from most to least number of years.
                 Example of 3rd tie-break:
                Both Applicants score 80 points
                Both Applicants percentage in ``Scoring'' section item (a) is 65%
                Both Applicants percentage in ``Scoring'' section item (b) is 55%
                Applicant X's rental unit will be available for occupancy under the
                program for 10 years
                Applicant B's rental unit will be available for occupancy under the
                program for 5 years
                Applicant X is ranked higher than Applicant B
                Applicant X will be funded before Applicant B
                 If any of the applicants that remain tied after the 1st and 2nd
                tie-breaks are offering to assist single family owners, then the 3rd
                tie-break would not be applicable, and a lottery would be used to
                select the applicant to be funded.
                 If there is still a tie after the first two [or three, when
                applicable] tie-breaks, then a lottery system will be used to select
                the applicant to be funded. The lottery will be conducted at the
                National Office. The lottery will consist of the names of each
                application with equal scores printed onto a same size piece of paper,
                which will then be placed into a receptacle that fully obstructs the
                view of the names. The Director of the Preservation and Direct Loan
                Division, in the presence of two witnesses, will draw a piece of paper
                from the receptacle. The name on piece of paper drawn will be the
                applicant to be funded.
                 After the award selections are made, all applicants will be
                notified of the status of their applications by mail with form AD-622
                Form, ``Notice of Pre-Application Review Action.'' Applicants will be
                given their review rights or appeal rights in accordance with 7 CFR
                1944.682.
                F. Federal Award Administration Information
                 1. Federal Award Notices. The Agency will notify; in writing,
                applicants whose pre-applications have been selected for funding. At
                the time of notification, the Agency will advise the applicant what
                further information and documentation is required along with a timeline
                for submitting the additional information. If the Agency determines it
                is unable to select the application for funding, the applicant will be
                informed in writing. Such notification will include the reasons the
                applicant was not selected. The Agency will advise applicants, whose
                pre-applications did not meet eligibility and/or selection criteria, of
                their review rights or appeal rights in accordance with 7 CFR 1944.682.
                 2. Administrative and National Policy Requirements. Rural
                Development is encouraging applications for projects that will support
                rural areas with persistent poverty and in Opportunity Zones. This
                emphasis will support Rural Development's mission of
                [[Page 16319]]
                improving the quality of life for Rural Americans and commitment to
                directing resources to those who most need them.
                 3. Reporting. Post-award reporting requirements can be found in the
                Grant Agreement.
                G. Non-Discrimination Statement
                 In accordance with Federal civil rights law and USDA civil rights
                regulations and policies, the USDA, its Agencies, offices, and
                employees and institutions participating in or administering USDA
                programs are prohibited from discrimination based on race, color,
                national origin, religion, sex, gender identity, (including gender
                expression), sexual orientation, disability, age, marital status,
                family/parental status, income derived from a public assistance
                program, political beliefs, or reprisal or retaliation for prior civil
                rights activity, in any program or activity conducted or funded by USDA
                (not all bases apply to all programs). Remedies and complaint filing
                deadlines vary by program or incident.
                 Persons with disabilities who require alternative means of
                communication for program information (e.g., Braille, large print,
                audiotape, American Sign Language, etc.) should contact the responsible
                Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
                contact USDA through the Federal Relay Service, at (800) 877-8339.
                Additionally, program information may be made available in languages
                other than English.
                 To file a program discrimination complaint, complete the USDA
                Program Discrimination Complaint Form (PDF), found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office or
                write a letter addressed to USDA and provide in the letter all of the
                information requested in the form. To request a copy of the complaint
                form, call (866) 632-9992. Submit your completed form or letter to USDA
                by:
                 (1) Mail: United States Department of Agriculture, Office of the
                Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
                Washington, DC 20250-9410;
                 (2) Fax: (202) 690-7442; or
                 (3) Email: [email protected].
                 USDA is an equal opportunity provider, employer, and lender.
                Bruce W. Lammers,
                Administrator, Rural Housing Service.
                 BILLING CODE 3410-XV-P
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                [FR Doc. 2020-05984 Filed 3-20-20; 8:45 am]
                 BILLING CODE 3410-XV-C
                

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