Community_Development_Block_Grant_Program_for_Indian_Tribes_and_Alaska_Native_Villages.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Community Development Block Grant Program for Indian Tribes and Alaska Native Villages

FR-6600-N-23

10/24/2022

Table of Contents Summary

Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Unique Entity Identifier (UEI)

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Administrative, National and Department Policy Requirements and Terms for HUD Recipients Financial Assistance Awards

C. Reporting

D. Debriefing

VII. Agency Contact(s)

VIII. Other Information

APPENDIX

Program Office:

Public and Indian Housing Funding Opportunity Title:

Community Development Block Grant Program for Indian Tribes and Alaska Native Villages Funding Opportunity Number:

FR-6600-N-23

Assistance Listing Number:

14.862 Due Date for Applications:

10/24/2022 Summary The U.S. Department of Housing and Urban Development (HUD) Strategic Plan sets the direction and focus of ourprograms and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all.

HUD's Strategic Goals

HUD’s FY 2022-2026 Strategic Plan lays out this administration’s strategy for ensuring everyone has an affordable,healthy place to live. Over the course of the next four years HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals undergird the Plan as follows:

Strategic Goal 1: Support Underserved Communities Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Strategic Goal 3: Promote Homeownership Strategic Goal 4: Advance Sustainable Communities Strategic Goal 5: Strengthen HUD’s Internal Capacity

The five goals of the FY 2022-2026 Strategic Plan present the core vision of what we hope to accomplish, the strategies to accomplish those objectives, and the indicators of success.

Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this NOFO to the office contact identified in Section VII.

Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a valid OMB control number. Each NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2577-0191

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

Purpose

The purpose of the Indian Community Development Block Grant (ICDBG) program is the development of viable Indian and Alaska Native communities, including the creation of decent housing, suitable living environments, and economic opportunities primarily for persons with low- and moderate- incomes. See the ICDBG regulation of 24 CFR 1003.2, the full text of which is available at 24 CFR part 1003.

a. Single Purpose Grants. Projects funded by the ICDBG program must principally benefit low- and moderate-income persons (24 CFR 1003.208). These are competitive grants and are the subject of this NOFO.

b. Imminent Threat Grants. Projects funded with Imminent Threat grant funds are to address issues that have an immediate negative impact on public health or safety of tribal residents.

You do not have to apply for an Imminent Threat grant by the deadline established in this NOFO. These funds are awarded on a first-come first-serve basis until the amount set aside for this purpose is expended. The Imminent Threat request must be submitted to the Area Office of Native American Programs (ONAP) for your region in accordance with ONAP Program Guidance 2018-04, “Imminent Threat Grants” and the requirements in 24 CFR part 1003 subpart E.

Changes from Previous NOFO.

Definitions: Deleted the Opportunity Zone (OZ) definition.

Section I.A. — Purpose Removed paragraph referencing COVID-19, CARES ACT and the American Rescue Plan Act of 2021.

Section II.A. — Available Funds The available funds for the FY22 NOFO was updated to $92,309,280, and an explanation was https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1003 https://www.hud.gov/sites/dfiles/PIH/documents/PG18SEP27PNPG1011F.pdf https://www.hud.gov/sites/dfiles/PIH/documents/PG18SEP27PNPG1011F.pdf https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=c6f342efd9264c538540adcca206eeb2&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=c6f342efd9264c538540adcca206eeb2&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART included of how the amount was calculated. The availability of up to $5,000,000 in noncompetitive funding is for ICDBG Imminent Threat grants. The Area ONAP allocations and grant ceilings have been updated accordingly.

Section II.A.

Grant Ceilings: All Area ONAP ceilings were increased this year to account for higher costs, carryover funds, and to encourage bigger projects.

Housing Rehabilitation Cost Limits: All Housing Rehabilitation Cost Limits were significantly increased to offset rising cost of construction material.

Section III.D.-Threshold Eligibility Requirements

Threshold #4-Rating Factor Thresholds: Changed the minimum score to 15 points for Rating Factor 1-Capacity of the Applicant

Corrected the citations on page 19 of the NOFO, for Housing Rehabilitation projects, Section IV.B.1.i, New Housing Construction projects, Section IV.B.1.j, and Economic Development projects, Section IV.B.1.l.

Section IV.A.-Obtaining an Application Package-Instructions for Applicants Corrected Northern Plains’ contact information.

Section IV.B.-Content and Form of Application Submission

Infrastructure Projects: Added language to clarify what constitutes evidence, as it relates to evidence that the housing or community development project(s) will be completed within three years of the grant award.

Land Acquisition to Support New Housing Projects: Added language that gives examples of evidence.

Format and Form for narratives and attachments: Clarified that no more than 30 Pages for narratives. For narratives, double-spaced 12-point (minimum) Times Roman font on letter sized paper (8 1/2 x 11 inches) with at least 1-inch margins on all sides.

Deleted all information from the Contents Chart and Section IV.B.1.t regarding Opportunity Zones (OZ).

Section V.A.-Review Criteria -1. Rating Factors

Rating Factor Changes:

Rating Factor 1 o Changed minimum point requirement for Rating Factor 1 to 15 points instead of 17 points.

o Rating Factor Chart: Removed category “Program Performance Going Forward."

o Subfactor 1.1 Managerial and Technical Staff: Added a definition for capacity gap.

o Subfactor 1.4 Procurement and Contract Management: Added descriptive language for 2 CFR 200.322 and 200.326. Also, deleted the last sentence in the paragraph because it was redundant with the preceding sentence, and added “or submitting” to the preceding sentence for clarification.

o Subfactor 1.5. Program Performance Going Forward: Removed the category and all related information from this subfactor.

Rating Factor 2 o Subfactor 2.2. Project Benefit: Added information clarifying limited clientele requirements.

o Changed the sentence to reflect "Your survey cannot be older than 2015" instead of "Your survey cannot be older than 2010".

o Subfactor 2.2.a. Public Facilities and Infrastructure Projects:

o Removed language on limited clientele criteria.

o For the 10 points requirements, added language on limited clientele criteria.

o Subfactor 2.2.b. Economic Development Projects:

o For the 10 points requirements, added language on limited clientele criteria.

o Subfactor 2.2.d. Microenterprise Programs:

o Added language that reads “HUD will rely on the most advantageous demographic information to assign points for this Subfactor”.

o For the 10 points requirements, added language on limited clientele criteria.

o Sub Factor 2.3: Connection to Tribal Youth: Removed Option 2 and all information regarding public service activities.

o Subfactor 2.4: New and Unfunded Applicants: Updated language to read FY 2015 instead of FY 2014.

o Added Subfactor 2.5, Connection to Climate Change.

Rating Factor 3 o Subfactor 3.1. Description of and Rationale for Proposed Project: Added a descriptive paragraph to the subfactor.

o Subfactor 3.2. Budget: Revised the point's section by adding additional rating tiers.

o Subfactor 3.4.b. Economic Development Projects: Removed language referencing excellent, average, and fair.

o Subfactor 3.4.c. New Housing Construction, Housing Rehabilitation, Housing Acquisition, and Homeownership Assistance Projects:

o Added information to descriptive paragraph.

o Revised the language for the points rating section to read “for the project” instead of

“of the applicant and/ or participants”.

o Subfactor 3.4.d. Microenterprise Programs:

o Added clarifying information on LMI may qualify for microenterprise programs.

o For the Points Section, revised the language to be more specific.

o Subfactor 3.4.e. New Land Acquisition Projects to Support New Housing:

o Added additional information to the lead-in paragraph to align with the points section.

o For the Points Section, made clarifying edits.

Section V.A.-Review Criteria -2. Other Factors: Preference Points: Deleted Opportunity Zones (OZ) preference points.

Section VI.C.-Reporting: Line item 5.B. - Added a requirement to report in the ASER the estimated number of (1) permanent, and (2) temporary jobs that are paid each year in whole or in part with ICDBG funds.

Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development.

Assistance Listing number refers to the publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA). Assistance Listing is a unique number assigned to identify a Federal Assistance Listings, formerly known as the CFDA

Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424.

Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award. For additional information on contractor and subrecipient determinations, see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined above and in 2 CFR 200.1.

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, deficiencies may be either Curable or Non-Curable.

Curable Deficiencies may be corrected by the applicant with timely action. To be curable the deficiency must:

Not be a threshold requirement, except for documentation of applicant eligibility;

Not influence how an applicant is ranked or scored versus other applicants; and Be remedied within the time frame specified in the notice of deficiency.

Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline.

Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination.

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis.

E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization.

The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.

Eligibility requirements are mandatory requirements for an application to be eligible for funding.

Expanded Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Expanded AOR role is authorized to submit any applications on behalf of the organization and has privileges that allow the user to modify organization-level settings in Grants.gov.

Federal Financial Assistance means assistance that entities received or administer in the form of:

https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

1. Grants;

2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a)).

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed and voluntary contributions; and

10. Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds.

11. Federal financial assistance does not include amounts received as reimbursement for services rendered to individuals as described in section 200.502(h) and (i). (2 CFR 200.1)

Federal award, has the meaning, depending on the context, in either paragraph (i) or (ii) of this definition:

1. (i) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR §200.101; or

ii. The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR §200.101.

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR §200.1, and this NOFO, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

3. Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs).

4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement in 2 CFR 200.1.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

Green and Resilient Building Standard means an industry-recognized standard that has both:

a) achieved certification under (i) Enterprise Green Communities, (ii) LEED (New Construction, Homes, Midrise, Existing Buildings Operations and Maintenance, or Neighborhood Development), (iii) ICC-700 National Green Building Standard Green+ Resilience; or the (iv) Living Building Challenge, or (v) a regional standard such as Earth https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F/subject-group-ECFRfd0932e473d10ba/section-200.502 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 http://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

Advantage New Homes; or any other equivalent comprehensive green building program acceptable to HUD

And

b) meets minimum energy efficiency requirements, such as those defined in (i) ENERGY STAR (Certified Homes or Multifamily High-Rise), (ii) DOE Zero Energy Ready Home;

(iii) regional or local certifications such as EarthCraft House, EarthCraft Multifamily;

Greenpoint Rated New Home, Greenpoint Rated Existing Home (Whole House or Whole Building label); (iv) Passive House Institute Passive Building or EnerPHit certification from the Passive House Institute US (PHIUS), International Passive House Association.

Historically Black Colleges and Universities (HBCUs) The Higher Education Act of 1965, as amended, defines an HBCU as: “…any historically black college or university that was established prior to 1964, whose principal mission was, and is, the education of black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation.” HBCUs offer all students, regardless of race, an opportunity to develop their skills and talents.

Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a federal award as a recipient or subrecipient.

Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AOR. The POC is listed in item 8F on the SF-424.

Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community. See Promise Zones.

Recipient means an entity, usually but not limited to non-Federal entities, that receives a federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or regular-sized business.

The definition of “small”—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries. See 13 CFR Part 121.

Standard Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Standard AOR role can only submit applications when they are a Participant of that workspace.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

System for Award Management (SAM) is the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities.

Program Definitions.

The following definitions apply to the ICDBG program. See a more detailed list at 24 CFR 1003.4.

Adopt - To approve by vote of the governing body of the tribe or tribal organization.

Community Based Development Organization (CBDO) - As defined in 24 CFR 1003.204(c).

Current Applicant/ Current ICDBG Grantee – An applicant that has an ICDBG grant that is currently open or that was closed within the 2 years of the NOFO application deadline date.

Document - When the NOFO asks you to document something it means that you should provide information and/or data in your application to satisfy that particular NOFO requirement.

Entity Other Than Tribe - This means that the organization is not part of the tribal government.

Firm Commitment - A letter of commitment from a partner by which an applicant or an applicant's partner agrees to perform an activity specified in the application and demonstrates the financial capacity and conditional agreement to deliver the resources necessary to carry out the activity, either in cash or through in-kind contributions if HUD awards ICDBG funds. If a tribe is committing resources to the project the amount of such commitment must be included in the tribal resolution. If a tribal organization is the applicant, it must submit evidence of such commitment in the equivalent of a tribal resolution.

https://www.sam.gov/SAM/

Ineligible Activities - A complete list of ineligible activities can be found at 24 CFR 1003.207.

Low- and Moderate-Income (LMI) beneficiary - As defined in 24 CFR 1003.4, LMI beneficiary means a family, household, or individual whose income does not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger households or families. However, HUD may establish income ceilings higher or lower than 80 percent of the median for the area based on HUD's findings that such variations are necessary because of unusually high or low household or family incomes. In reporting income levels to HUD, the applicant must include and identify the distributions of tribal or village income to families, households, or individuals.

Rating Period - Unless otherwise specified, the term "Rating Period" is the two-year period immediately preceding from the application deadline date.

Standard Housing/Standard Conditions - Housing that meets the quality standards (HQS) adopted by the tribe or tribal organization depending on the type of housing proposed. The HQS adopted by the applicant must be at least as stringent as the Section 8 HQS contained in 24 CFR

982.401 (Section 8 Tenant-Based Assistance: Housing Choice Voucher program) unless the Area ONAP approves less stringent standards based on a determination that local conditions make the use of Section 8 HQS infeasible. The adopted standards must provide for: (a) a safe house, in physically sound condition with all systems performing their intended design functions; (b) a livable home environment that is energy efficient and incorporates energy conservation measures; and, (c) adequate space and privacy for all intended household members.

Tribal Resolution - The formal manner in which the tribal government expresses its legislative will in accordance with its organic documents. In the absence of such organic documents, a written expression adopted pursuant to tribal practices will be acceptable (24 CFR 1003.4).

Youth- A community member that has not reached the age of 24.

B. Authority.

The authority for this program is Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the program regulations in 24 CFR part 1003. HUD's authority for making funding available under this NOFO are the Consolidated Appropriations Act, 2022 (Public Law 117-103, enacted March 15, 2022), the Consolidated Appropriations Act, 2021, (Public Law 116-260, enacted December 27, 2020), and any other authorities that may make additional funds available for award under this NOFO at any time.

II. Award Information.

A. Available Funds Funding of approximately $92,309,280 is available through this NOFO.

In the 2022 Appropriations Act, ONAP was appropriated a total of $72,086,000 for ICDBG Single Purpose and Imminent Threat grants. Carryover of $25,223,280 is available from the Fiscal Year (FY) 2021 competition.

In accordance with the 2022 Appropriations Act, HUD is setting aside funding of up to $5,000,000 to be used for emergencies that constitute imminent threats to health and safety.

HUD may award these noncompetitive funds in accordance with 24 CFR part 1003 subpart E- Imminent Threat Grants and ONAP Program Guidance 2018-04, “Imminent Threat Grants.”

With the remaining $67,086,000 from the 2022 Appropriations Act and remaining carryover $25,223,280 from the FY21 competition, funding of $92,309,280 is available for Single Purpose Grants through this NOFO. Applications that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in descending rank order based on the score received on the application submitted under this NOFO.

HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded or if additional requirements apply to future funds).

1. Allocations to Area ONAPs. The ICDBG regulations specify how the funds for the Single Purpose ICDBGs will be allocated among the six Area ONAPs. See 24 CFR 1003.101.

Accordingly, the allocations for FY 2022 grants are as follows:

Area ONAP Office Total Area ONAP Allocations Alaska $12,155,709 Eastern Woodlands $6,403,754 Northern Plains $11,869,436 Northwest $4,057,802 Southern Plains $23,954,389 Southwest $33,868,191

2. Grant Ceilings.

This NOFO will award applications with primarily FY 2022 funding. Applications may include more than one project, but the entire grant may not exceed the limits listed below for your region.

Area ONAP Population Ceiling Alaska ALL $2,000,000 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=b5351f5f1baa3722bab32e058c72759e&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=b5351f5f1baa3722bab32e058c72759e&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.hud.gov/sites/dfiles/PIH/documents/PG18SEP27PNPG1011F.pdf

Eastern Woodlands ALL $2,000,000 Northern Plains ALL $2,000,000 Northwest ALL $2,000,000 Southern Plains ALL $2,000,000 Southwest 50,001+ $5,000,000 10,501-50,000 $4,000,000 7,501-10,500 $3,000,000 7,500 and below $2,000,000

In the Southwest ONAP (SWONAP) jurisdiction, HUD will determine the ceiling for applications based on the Native American population that resides on a reservation or Rancheria.

You should contact SWONAP prior to submitting your application to confirm the population that HUD will use to determine the ceiling.

NOTE: Only one ICDBG application may be submitted for each area within the jurisdiction of an entity eligible under 24 CFR part 1003. An applicant may include more than one project, but it cannot exceed the grant ceilings listed in Section II. Tribal organizations applying on behalf of multiple tribes may combine ceiling amounts for a project if the project will benefit the members of all such respective tribes. Several tribes may submit individual applications for one combined activity if the project will benefit the members of all such respective tribes.

3. Housing Rehabilitation Cost Limits. HUD will not provide more than the following amounts for each housing unit rehabilitated with ICDBG funds. The rehabilitation costs may exceed these limits, but your budget must show that you will not spend more than these amounts of ICDBG funds on each unit.

Alaska $444,780 Eastern Woodlands up to $265,230 Northern Plains up to $255,150 Northwest up to $309,960 Southern Plains up to $223,650 Southwest up to $311,220

B. Number of Awards.

HUD expects to make approximately 80 awards from the funds available under this NOFO.

C. Minimum/Maximum Award Information Please refer to the grant ceilings listed in the section above. Only one large tribe in the SWONAP region is eligible for the maximum award amount.

Estimated Total Funding:

$92,309,280 Minimum Award Amount:

$500,000 Per Project Period

Maximum Award Amount:

$5,000,000 Per Project Period

D. Period of Performance The period of performance and planned drawdowns for any grant awarded under this NOFO must be identified in the Implementation Schedules and approved by HUD. Costs must be incurred during the period of performance identified on the grant award or addendum. HUD can require you to spend funds in accordance with the Implementation Schedule submitted with your application. If funded and you do not make progress toward meeting your Implementation Schedule, HUD reserves the right to recapture funds.

The period of performance for projects considered under this NOFO cannot exceed 5 years.

Applicants may request a shorter period of performance based on the project(s) that is being proposed for ICDBG funding. In addition, HUD notes that any grantee request for an extension beyond the 5-year period are considered through the amendment process under ICDBG regulations.

*For infrastructure projects to support future housing (Section IV.B.1.l.), the period of performance cannot exceed 3 years.

This NOFO refers to a project period (period of performance), which is the same period as the budget period for purposes of the FY 2022 ICDBG awards.

Estimated Project Start Date:

03/25/2023 Estimated Project End Date:

03/25/2028 Length of Project Periods:

Other

Length of Periods Explanation of Other:

Project periods awarded under this NOFO will be limited to 5 years. After award, requests for extensions may be made and will be considered through the amendment process under ICDBG regulations.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

07 (Native American tribal governments (Federally recognized))

11 (Native American tribal organizations (other than Federally recognized tribal governments))

Additional Information on Eligibility An applicant must be eligible as an Indian tribe (or as a tribal organization), as required by 24 CFR 1003.5, by the application deadline date.

Tribes: Eligible applicants are any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaska Native village of the United States which is considered an eligible recipient under Title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450) or which had been an eligible recipient under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221). Eligible recipients under the Indian Self- Determination and Education Assistance Act will be determined by the Bureau of Indian Affairs and eligible recipients under the State and Local Fiscal Assistance Act of 1972 are those that have been determined eligible by the Department of Treasury, Office of Revenue Sharing. For more information, see “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (87 Fed. Reg. 4636, January 28, 2022, https://www.govinfo.gov/content/pkg/FR-2022-01-28/pdf/2022-01789.pdf).

Tribal Organizations: Tribal organizations which are eligible under Title I of the Indian Self- Determination and Education Assistance Act may apply on behalf of any Indian tribe, band, group, nation, or Alaska Native village eligible under that act for funds under this NOFO when one or more of these entities have authorized the tribal organization to do so through concurring resolutions. In addition, the Bureau of Indian Affairs (BIA) or the Indian Health Service (IHS), must provide a letter that states that the tribal organization is eligible under Title I of the Indian Self Determination and Education Assistance Act. A copy of this letter must be included in your application submission, unless your organization has already provided such a letter in previous years approved by HUD and the status of your tribal organization has not changed. HUD will not review an application submitted by a tribal organization on behalf of a specific tribe if the tribe itself applies for the same funding round.

Due to the unique structure of tribal entities eligible to submit ICDBG applications in Alaska, and as only one ICDBG application may be submitted for each area within the jurisdiction of an entity eligible under 24 CFR 1003.5, a tribal organization that submits an application for activities in the jurisdiction of one or more eligible tribes or villages must include a concurring resolution from each such tribe or village authorizing the submission of the application. The hierarchy for funding priority continues to be the IRA Council, the Traditional Village Council, the Alaska Native Claims Settlement Act (ANCSA) Village Corporation, and the ANCSA Regional Corporation. Questions regarding eligibility determinations and related documentation requirements for entities in Alaska should be referred to the Alaska Area ONAP prior to the https://www.govinfo.gov/content/pkg/FR-2022-01-28/pdf/2022-01789.pdf application deadline. Due to the unique structure of tribal entities in Alaska you should contact the Alaska ONAP prior to the application due date if you plan to apply for an Alaska tribe or village.

B. Ineligible Applicants.

HUD does not award grants to individuals and will not evaluate applications from ineligible applicants.

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

This Program does not require leveraging.

Cost sharing or matching is not required under this grant; but applicants are encouraged to leverage other Federal (including IHBG formula funds) and non-Federal sources. HUD will award maximum points under Rating Factor 4 for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Rating Factor 4 of this NOFO). All leveraging must be secured and used by the end of the period of performance. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be required to show evidence that leveraging resources were actually received and used for their intended purposes through quarterly Federal Financial Reports (SF-425) as the project proceeds.

D. Threshold Eligibility Requirements.

Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated.

1. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants, who after review are confirmed to have civil rights matters unresolved at the application deadline, will be deemed ineligible. Their applications will receive no further review, will not be rated and ranked, and they will not receive funding.

a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that have not been resolved to HUD’s satisfaction before or on the application deadline date are ineligible for funding. Such matters include:

1. Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex, national origin, disability or familial status;

2. Status as a defendant in a Fair Housing Act lawsuit filed by the United States alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a);

3. Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

4. Receipt of a letter of findings identifying systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974; or the Americans with Disabilities Act; or

5. Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income.

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter.

Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

1. Current compliance with a voluntary compliance agreement signed by all the parties;

2. Current compliance with a HUD-approved conciliation agreement signed by all the parties;

3. Current compliance with a conciliation agreement signed by all the parties and approved by the state governmental or local administrative agency with jurisdiction over the matter;

4. Current compliance with a consent order or consent decree;

5. Current compliance with a final judicial ruling or administrative ruling or decision; or

6. Dismissal of charges.

2. Affirmatively Furthering Fair Housing. With some exceptions for federally recognized Indian tribes and their instrumentalities, the application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH certification.

If the applicant will carry out proposed activities in a jurisdiction with an accepted Assessment of Fair Housing (AFH), the proposed activities should be consistent with the AFH's fair housing goals and with fair housing strategies specified in the jurisdiction’s Consolidated Plan or Public Housing Agency Plan.”

3. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times.

4. Grant Ceiling If an applicant requests more than the maximum Area ONAP grant ceiling amount applicable under this NOFO , then the application will not be reviewed. Applicants must clearly document the amount requested under this NOFO on line 18a of the Application for Federal Assistance (SF-424). See Section IV.B.2.a. for guidance.

5. Rating Factor Thresholds Applicants must receive a minimum score of 15 points for Rating Factor 1-Capacity of the Applicant and an overall score of 70 points (without the addition of Preference Points) to be eligible to receive a grant under this competition.

6. ICDBG Program and Project Specific Thresholds The following requirements are threshold requirements and will not be considered curable deficiencies if not submitted or submitted incorrectly. If the thresholds are not met, the application will be deemed ineligible.

a. Outstanding ICDBG Obligation: Pursuant to 24 CFR 1003.301(a), if you have an outstanding ICDBG obligation to HUD that is in arrears, or have not agreed to a repayment schedule you will be disqualified from the competition and not evaluated.

b. Untimely ICDBG Closeouts: HUD will not review your application if you have any ICDBG that is open two or more years past the due date for closeout identified on the most recently submitted project implementation schedule approved by the Area ONAP.

c. Housing Rehabilitation projects: The requirements for this threshold are in Section IV.B.1.i.

of this NOFO.

d. New Housing Construction projects: The requirements for this threshold are in Section IV.B.1.j. of this NOFO.

e. Economic Development projects: The requirements for this threshold are in Section IV.B.1.k. of this NOFO.

E. Statutory and Regulatory Requirements Affecting Eligibility.

Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities https://www.hud.gov/sites/dfiles/SPM/documents/EligibilityRequirementsGrantProgramsFiscalYear2022.pdf

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR 170.110.

F. Program-Specific Requirements.

If you are awarded a grant under this NOFO you will have to comply with all laws, regulations, and other requirements relating to federal funds, as well as the specific ICDBG requirements found at 24 CFR part 1003.

Other statutory or regulatory requirements specific to the ICDBG program are:

Indian Preference - HUD has determined that the ICDBG program is subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e(b)). The provisions and requirements for this section are found at 24 CFR 1003.510.

Eligible Activities- A complete list and description of eligible activities can be found at 24 CFR part 1003, subpart C .

G. Criteria for Beneficiaries.

The ICDBG program must primarily benefit persons with low- and moderate income as defined in24 CFR 1003.4.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying.

The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word files, Microsoft Excel files, and additional documents.

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS/UEI is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if the Applicant fails to submit to HUD in writing or via email a request for a waiver at least 15 calendar days before the application deadline. If HUD grants a waiver, a paper application must be received before the deadline for this NOFO. To request a waiver, you must contact:

Name:

https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=se24.4.1003_1510&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=sp24.4.1003.c&rgn=div6 https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=sp24.4.1003.c&rgn=div6 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1003/subpart-A/section-1003.4

ONAP Director Grants Email:

ONAP-ICDBG@hud.gov HUD Organization:

PIH-ONAP

Street:

451 7th St. SW, Rm. 4108 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 Notwithstanding the 15-day deadline referenced in Section IV.A. of this NOFO, applicants may submit waiver requests up to 7 business days prior to the application deadline date.

Applicants should send waiver requests to their respective Area Office with a copy to the contact listed above.

For more information, please contact your Area Office:

Area

ONAP

Contact Info and Addresses

Alaska (907) 677-9860 Greg.M.Stuckey@hud.gov

3000 C Street, Suite 401 Anchorage, AK 99503

Eastern Woodlands

(800) 735-3239

Elton.Jones@hud.gov

Mary.White@hud.gov

Ralph H. Metcalfe Federal Building 77 West Jackson Boulevard, Room Chicago, Illinois 60604-3507

Northern Plains

(303) 672-5465 NPONAP_CustomerService@hud.gov

1670 Broadway, 24th Floor Denver, CO 80202-4801

Northwest (206) 220-5270 David.P.Boyd@hud.gov

909 1st Avenue, Suite 300 Seattle, WA 98104-1000

Southern Plains

(405) 609-8520) David.W.Southerland@hud.gov

301 N.W. 6th Street Suite 200 Oklahoma City, OK 73102 mailto:Greg.M.Stuckey@hud.gov mailto:Elton.Jones@hud.gov mailto:Mary.White@hud.gov mailto:NPONAP_CustomerService@hud.gov mailto:David.P.Boyd@hud.gov…