Foa_Content_of_FR-6700-N-48.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Indian Housing Block Grant (IHBG) Competitive Grant Program

FR-6700-N-48

03/19/2024

Table of Contents

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. Obtain 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 Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Public and Indian Housing Funding Opportunity Title:

Indian Housing Block Grant (IHBG) Competitive Grant Program Funding Opportunity Number:

FR-6700-N-48

Assistance Listing Number (formerly CFDA Number):

14.867 Due Date for Applications:

03/19/2024

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. You, as a prospective applicant, 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.

In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during the selection process (which includes HUD’s NOFO development and publication and concludes with the award of assistance), HUD is prohibited from disclosing covered selection information.

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any 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, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. 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. This NOFO identifies its applicable OMB control number, unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2577-0218

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

This Notice of Funding Opportunity (NOFO) announces the availability of the Indian Housing Block Grant (IHBG)--Competitive Grant Program.

The IHBG program is authorized under Title I of the Native American Housing Assistance and Self-Determination Act of 1996, as amended, (25 U.S.C. 4101 et seq.) (NAHASDA). Under the https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 program, eligible Indian tribes and tribally designated housing entities (TDHEs) receive grants to carry out a range of affordable housing activities. Grant funds may be used to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas and carry out other affordable housing activities. Grant funds must be used to benefit low-income Indian families, except under some circumstances as provided in section 201(b) of NAHASDA.

In the Consolidated Appropriations Act 2023 (Public Law 117-328), (Appropriations Act) approved December 29, 2022, Congress provided a total of $150,000,000 for competitive grants to eligible IHBG recipients authorized under NAHASDA in addition to formula-based funding.

This NOFO describes the criteria that HUD will use to award IHBG Competitive grants, and outlines program requirements.

In January 2017, HUD released a study entitled, “Housing Needs of American Indians and Alaska Natives in Tribal Areas: A Report from the Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs.” Among the findings, the study found that conditions for tribal households are substantially worse than other U.S. households, with overcrowding in tribal areas being especially severe. The study noted that in the 2013-2015 period alone, 68,000 new units would have been necessary to help eliminate overcrowding and replace physically deteriorating units. Additional information is available at:

https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html.

The Department recognizes that this additional IHBG funding provides an opportunity to fund strong and viable affordable housing projects in Indian Country. These projects could begin to address the concerns identified in the study.

In accordance with the Appropriations Act, HUD will give priority to projects that spur construction and rehabilitation of housing, while considering housing need and the recipient's administrative capacity. HUD strongly encourages new affordable housing construction projects that will increase the number of housing units available for low-income Indian families and help address the housing shortage in Indian Country. Additionally, HUD encourages housing rehabilitation projects that will increase the useful life of existing affordable housing units and alleviate substandard housing conditions. HUD also encourages the acquisition of existing housing units that increases housing stock and necessary affordable housing-related infrastructure projects that will enable future construction or rehabilitation.

Finally, Indian tribes and TDHEs that are applying for funding under this NOFO are encouraged to propose projects that are part of a comprehensive plan to address housing conditions in their communities, including overcrowding, physically deteriorating units, and housing that is inaccessible for individuals with disabilities as appropriate. Applicants should also engage in long-term planning and ensure that the project being proposed is part of a holistic plan that considers planned future infrastructure development, economic development opportunities, and more.

All applications received through this NOFO that pass initial application screening and threshold review will be rated. Funds will be awarded in rank order based on the score received on the application submitted under this NOFO. HUD reserves the right to issue a supplemental or https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded).

Grantees must comply with the requirements of NAHASDA and 24 CFR part 1000.

The Office of Native American Programs (ONAP) within HUD’s Office of Public and Indian Housing will administer this program.

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

However, of the five goals only those applicable to this NOFO are identified below.

You are expected to align your application to the applicable strategic goals and objectives below.

Use the information in this section to describe in your application the specific goals, objectives, and measures that your project is expected to help accomplish. If your project is selected for funding, you are also expected to establish a plan to track progress related to those goals, objectives, and measures. HUD will monitor compliance with the goals, objectives, and measures in your project.

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

2. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

3. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

4. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

The goal is to increase the affordable housing inventory for low-income Native American families.

Funding Opportunity GoalsThis funding opportunity seeks to increase affordable housing inventory for low-income Native American families by giving priority to projects that spur construction and rehabilitation, while considering need and administrative capacity, encouraging new affordable housing construction projects, encouraging housing rehabilitation projects that will increase the useful life of existing affordable housing units and alleviate substandard housing conditions, and encouraging the acquisition of existing housing units that will increase the housing stock and necessary affordable housing-related infrastructure projects that will enable future construction or rehabilitation.

3. Changes from Previous NOFO https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

Section I.A Program Description

• Clarified that there are some instances where IHBG grant funds do not have to be used for low-income Indian families.

• Updated description to include the FY23 Appropriations citation.

• Deleted reference to applying for Other NAHASDA-eligible activities, which has been removed from Subfactor 3.1, IHBG Competitive Priorities.

Section I.4. Program Definitions

• In response to Tribal Consultation feedback request for improved clarity:

o Added definition of Direct Costs for reference regarding direct cost/project cost items within grant requested amounts.

o Added definition of NOFO Publication Date.

o Added definition of Planning and Administration.

o Added definition of Rating Period.

• Removed the definition of Firm Commitment, as the related Leveraging Resources Rating Factor has been removed from this NOFO.

Section I.B Authority

• Updated this section to include the FY23 Appropriation citation.

Section II.A. Available Funds

• In response to Tribal Consultation feedback request for improved clarity, incorporated edits in language throughout to improve readability.

• Removed the paragraph on awarding amounts appropriated in FY2022 to an applicant under the FY2021 IHBG Competitive NOFO due to HUD error because that action does not apply to this NOFO.

• Revised grant ceiling category for funding based on the population of tribes awarded under this NOFO.

Section II.D. Period of Performance

• In response to Tribal Consultation feedback request for improved clarity, added clarification that extensions to period of performance end dates are possible in accordance with IHBG Competitive program policy.

• Updated Period of Performance dates to reflect 5/7/2024 to 5/6/2029.

Section III.A. Eligible Applicants

• In response to Tribal Consultation feedback request for improved clarity, updated language regarding eligibility if both Tribe and corresponding TDHE submit application for the Tribe.

Section III.C. Cost Sharing or Matching

• Deleted references to providing points based on leverage because this NOFO no longer includes a Leveraging Resources Rating Factor.

Section III.D. Threshold Eligibility Requirements

• Revised language throughout the NOFO to reference active voice stating “you” instead of “the applicant.”

Section III.F. Program Specific Requirements

• In accordance with Executive Order 13985, Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, added a provision on a submitting a narrative on equity.

Section IV.B.1.1 Content and Form of Application Submission – Content

• In response to Tribal Consultation feedback request for improved clarity, provided additional guidance for application submission items listed in the table.

Section IV.B.2. Format and Form

• In response to Tribal Consultation feedback request for simplification of the NOFO:

o Removed formatting requirements and page length requirements for the Workplan

Narrative.

o Changed item c. IHBG Implementation Schedule to allow for acceptance of the

ICDBG Implementation Schedule as a curable deficiency.

o Changed item d. IHBG Cost Summary to allow for acceptance of the ICDBG

Cost Summary as a curable deficiency.

o Changed the Certification of Compliance submission item to a curable deficiency.

• Removed the Firm Commitment Documentation submission item.

• Added a provision about Climate Change preference point submission requirements.

Section IV.F Funding Restrictions

• In response to Tribal Consultation feedback request for clarification, modified the definition of Administrative and Planning expenses to indicate expenses must be related to the IHBG Competitive award.

• Removed language about leveraging resources from IV.F.3 Pre-award costs to reflect that the Leveraging Resources Rating Factor has been removed from this NOFO.[A1]

• Updated the Consultant Cap to the 2023 rate.

Section V.A.1 Application Review Information – Review Criteria – Rating Factors

• Updated scoring to reflect updates to the Rating Factors o Points for Capacity increased from 20 to 23.

o Points for Soundness of Approach increased from 40 to 42.

o Eliminated points for Leveraging Resources.

• Rating Factor 1 o Subfactor 1.1 - Managerial and Technical Staff – In response to Tribal

Consultation feedback request for clarity, language has changed throughout. This includes clarifying how to demonstrate “successful,” and to clarify the capacity gap assessment.

o Subfactor 1.2 - In response to Tribal Consultation feedback request for simplification, Procurement and Contract Management was removed as a subfactor.

o Subfactor 1.2 - Progress of IHBG Formula Grant – Updated IHBG Expenditures Subfactor. HUD will now evaluate all funding prior to the stated FY, instead of looking at a two-year timeframe. Added that applicants that have any undisbursed funds from 2016 or prior fiscal years will receive zero points for Subfactor 1.2.

o Subfactor 1.3 - Progress of Competitive Grants - Added a new Subfactor to evaluate applicants based on the progress of their competitive ONAP grants through the balance of their IHBG Competitive and ICDBG grants, except for those within one year of the NOFO publication.

o Subfactor 1.4 - Progress of Pandemic Relief and Imminent Threat Grants – Added a new Subfactor to evaluate applicants based on the progress of their IHBG- CARES, ICDBG-CARES, IHBG-ARP, ICDBG-ARP AND ICDBG IT grants through reviewing their balances.

o Subfactor 1.5 - Findings - Performance will be evaluated on a one-year rating period.

• Rating Factor 2. In response to Tribal Consultation feedback request for HUD to reconsider how we assess need in the NOFO, made numerous changes to Rating Factor 2.

o Numerous updates to the lead-in paragraph to reflect changes to the Subfactors.

o Eliminated the following Rating Factor 2 Subfactors: Subfactor 2.1.a Identified

Need and Subfactor 2.1.b. Supporting Data. This in response to Tribal Consultation feedback on assessing need, and on simplification as applicants no longer have to submit formula data.

o Subfactor 2.1 - Need for Funding – This is a new Subfactor. Applicants are evaluated based on a Needs Table from IHBG formula data.

o Subfactor 2.2 – Project Beneficiaries: This subfactor has changed significantly from the FY 2022 NOFO Rating Factor 2 Beneficiaries subfactor. Applicants must address the need by describing beneficiaries and their need for the project.

o Past Efforts to Address Identified Need, formerly Subfactor 2.3 in the FY 2022 NOFO, was eliminated.

o Subfactor 2.3 Need for Funding-Non-Formula Data is a new subfactor for FY 2023 NOFO. Applicants must address other factors that demonstrate need as described in the subfactor.

o Subfactor 2.4 – New and Previously Funded Applicants: In response to Tribal Consultation feedback, added criteria of 3 points for applicants funded from the FY 2018/2019 and FY 2020 NOFO competitions.

o The FY 2022 Subfactor 2.4 - Sustainability moved to Rating Factor 3.

• Rating Factor 3 o Subfactor 3.1-IHBG Competitive Priorities. In response to Tribal Consultation feedback to reassess the IHBG Competitive NOFO priorities:

o Subfactor 3.1.a - Housing Rehabilitation Projects are now scored as New Construction, if the applicant is listed in the Tribal Per Capita Income Resource List.

o Subfactor 3.1.b. - Housing Rehabilitation: Maximum Points changed from 7 to 8.

o Eliminated the FY 2022 Subfactor 3.1.e Other NAHASDA-eligible activities.

o Subfactor 3.2 – Project Implementation Plan: In response to Tribal

Consultation feedback request for simplification, deleted scoring criteria throughout that scored applicants based on items that are already requirements of the program (for example, Indian Preference requirements). Changed Maximum Score from 10 to 8.

o Subfactor 3.3 - Project Implementation Schedule and Project Readiness: In response to Tribal Consultation feedback request for clarity, made numerous clarifying edits about including and describing tasks and timelines in the Implementation Schedule and the Workplan Narrative. Changed Maximum Score from 10 to 8.

o Subfactor 3.4 – Budget: In response to Tribal Consultation feedback request for clarity, made numerous clarifying edits. Updated PIH Notice reference for Total Development Costs (TDCs) to refer to the most recent Notice. Changed scoring criteria requirements for two of the scoring categories to remove the requirement that all costs be eligible, allowable, allocable, reasonable and necessary. Changed Maximum Score from 10 to 8.

o Added Subfactor 3.5 – Sustainability. Formerly in Rating Factor 2. Added clarifying edits regarding useful life and affordability period.

• Rating Factor 4-Leveraging Resources:

o In response to Tribal Consultation feedback request for the elimination of

Leverage scoring criteria, HUD will no longer rate applications based on leverage. There is no longer a Leveraging Resources Rating Factor.

• Rating Factor 5 was re-named Rating Factor 4 to reflect the elimination of the Leverage Rating Factor.

o Subfactor 4.1 – Coordination: In response to Tribal Consultation feedback request for clarity, made numerous clarifying edits throughout to better explain the information that HUD is looking for in this subfactor. Deleted language related to long-term planning efforts.

o Subfactor 4.2 - Outputs and Outcomes: In response to Tribal Consultation feedback request for clarity, made clarifying edits to the points criteria to be clear that the outputs and outcomes must be related to the proposed project overall. In response to Tribal Consultation feedback request for simplification, eliminated the 2 points criteria.

V.B.2. Assessing Applicant Risk

• Added edits to clarify what HUD may review to assess risk, and how HUD may address identified risks.

V.B.2. Application Selection Process. Added clarifying edits throughout to include references to other sections of the NOFO.

• Tiebreakers: Included additional tiebreakers to determine awards in the event of a tie.

Please see Section V.B.2 (Tiebreakers).

• Curable Deficiencies and Pre-Award Requirements item: Added process for HUD to confirm the accuracy of its records prior to making awards.

• Agency Errors item: Added provision that applicants contacted for the records accuracy verification process may not later claim HUD error.

Section VI.C.4.a. Annual Federal Financial Reports (SF-425s)

Updated Annual Federal Financial Reports section to reflect applicants are now required to submit SF-425s every program year and not quarterly, as specified by Notice PIH 2022-15.

Section VI.C.4.b. Annual Performance Reports Updated Annual Performance Report (APR) section to reflect the name of the form discussed (Implementation Schedule) and to remove the significant progress date.

4. Definitions

a. Standard Definitions

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 unique number assigned to each Federal assistance program publicly available in the Assistance Listing, which is managed and administered by the General Services Administration. The Assistance Listing number was formerly known as the Catalog of Federal Domestic Assistance (CFDA) number.

Authorized Organization Representative (AOR) is a person authorized to legally bind your organization and submit applications via Grants.gov. The AOR is authorized by the E-Business Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).

An AOR may include an Expanded AOR and/or a Standard AOR.

Expanded Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and submit applications on behalf of your organization, and is allowed to modify organization-level settings and certifications in Grants.gov.

Standard Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with the Standard AOR role can only submit applications when they are a Participant for that workspace.

Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing affordability strategy, community development plan, and submission for funding under any of the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME, and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.

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.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that 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.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

E-Business Point of Contact (E-Biz POC) is 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 Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement https://www.ecfr.gov/current/title-24/subtitle-A/part-91 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 for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

Federal Award, has the meaning, depending on the context, in either paragraphs (1) or (2) of this definition:

(1)

(a) 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

(b) 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.

Federal Financial Assistance has the same meaning defined at 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.

Historically Black Colleges and Universities (HBCUs) are 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 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 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. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1601);

(2) a Hispanic-serving institution (as defined in 20 U.S.C. 1101a(5));

(3) a Tribal College or University (as defined in 20 U.S.C. 1059c);

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C. 1059d(b));

(5) a Predominantly Black Institution (as defined in 20 U.S.C. 1059e);

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. 1059g); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. 1059f).

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.

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

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

Promise Zones (PZs) are high poverty areas in select urban, rural and tribal communities designated from 2014-2016 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.

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

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

https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1

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 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 eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

The definitions in NAHASDA and in the IHBG program regulations at 24 CFR 1000.10 apply to this program.

Choice Limiting Actions: Any action in which a Tribe or TDHE commits or expends HUD or non-HUD funds on activities for a project assisted by this program that reduces or eliminates a Tribe’s or TDHE’s opportunity to choose alternatives. Choice-limiting includes actions to acquire, dispose, rehabilitate, demolish, convert, transfer, remove, lease, or construct properties (including entering contracts or other written commitments). Choice limiting actions performed prior to environmental clearance can result in regulatory or statutory violations that can jeopardize HUD funding of the project.

Direct Costs: Any costs related directly to grant activities connected to specific project objectives (purpose of the specific project), as described in 2 CFR 200.413.

NOFO Publication Date – Actual date NOFO is published on Grants.gov, which is MONTH, DATE, YEAR.

https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.413

Planning and Administration expenses are IHBG-eligible administrative expenses, as defined 24 CFR 1000.236, for the proposed IHBG Competitive Project. They include but are not limited to costs of overall project management including administration of the grant, coordination of grant monitoring and evaluation, and preparation of grant reports. Please see Section IV.F for more information about planning and administration expenses.

Rating Period - Unless otherwise specified, the term “Rating Period” is the one-year period preceding the application deadline date.

B. Authority This program NOFO is authorized under the Consolidated Appropriation Act 2023, (Public Law 117-328, approved December 29, 2022), and the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $150,874,000 is available through this NOFO.

Additional funds may become available for award under this NOFO consistent with Section VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

Congress appropriated $150 million for the IHBG Competitive Grant Program in FY 2023. A maximum grant amount of $7,500,000, and a minimum grant amount of $500,000 has been established by HUD.

If your application requests more than the maximum applicable grant amount under this NOFO, then your application will not be reviewed. See Section III.D.4. 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.

All applications received through this NOFO that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in 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).

Grant Ceiling.

HUD has adopted grant ceiling categories for IHBG Competitive awards based on population of tribes . To determine award ceilings, HUD will utilize FY 2023 formula data to access the population numbers for each funded applicant. For TDHE applicants, HUD will combine the FY 2023 formula data population numbers for each tribe served by the TDHE to determine the ceiling for the grant award. You should contact your Area Office prior to submitting your application to confirm the population that HUD will use to determine the ceiling.

Applications may include more than one project, but the entire grant may not exceed the limits listed below for the population of your tribe. Please see the table below:

Population Ceiling 50,001 + $7,500,000 10,501 – 50,000 $6,000,000 7,501 – 10,500 $4,500,000 7,500 and below $3,000,000

B. Number of Awards HUD expects to make approximately 25 awards from the funds available under this NOFO.

The number of awards will be based on the number of proposals HUD reviews, approves, and funds.

C. Minimum/Maximum Award Information Estimated Total Funding:

$150,874,000 Minimum Award Amount:

$500,000 Per Project Period

Maximum Award Amount:

$7,500,000 Per Project Period

D. Period of Performance The period of performance and planned drawdowns for any grant awarded under this NOFO must be included on the SF-424 (Blocks 17a-17b) and Implementation Schedule (Form HUD- 53247) and approved by HUD. Costs must be incurred during the period of performance identified on the grant award. Please review Section IV.F.3 for Pre-Award Costs for reference.

Applicants may request a shorter period of performance based on the project(s) that is being proposed for IHBG Competitive funding. The period of performance for projects considered under this NOFO cannot exceed 5 years. An extension to the period of performance may be requested in accordance with program policy. Requests for extensions should be submitted prior to the period of performance end date.

Estimated Project Start Date:

08/22/2024 Estimated Project End Date:

08/21/2029 Length of Project Periods:

60-month project period and budget period

Length of Periods Explanation of Other:

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 The following entities are eligible to apply:

• Indian Tribes (as defined under section 4(13) of NAHASDA) and; Tribally Designated Housing Entities (TDHEs) (as defined under 4(22) of NAHASDA) that have ever been allocated formula funding.

Applications submitted by a TDHE on behalf of an Indian tribe(s) must include a tribal certification(s) or resolution(s) on official letterhead authorizing the TDHE to apply on behalf of the tribe(s). HUD will accept existing Indian Housing Plan (IHP) certifications that state that the tribe has delegated to the TDHE the authority to submit an IHP or application on behalf of the tribe without prior review by the tribe. The certification(s) or resolution(s) must be submitted with the application. See Section IV.B.2.l.

An Indian tribe that authorizes a TDHE to apply on its behalf may not also submit its own application for funding. If an Indian tribe submits an application (in addition to its authorized TDHE application), the tribe’s application will not be evaluated.

Subawards: Eligible applicants may make subawards to other entities under this NOFO. In this instance, HUD will assess the entity listed on the SF-424 throughout this competition.

Alaska Tribes Only: Pursuant to Section 211 of the General Provisions in the 2023 Appropriations Act, only Native Alaskan Indian Housing Block Grant recipients that received IHBG grants in Fiscal Year 2005 are eligible to apply directly for funding under this NOFO.

Native Alaskan tribes that are required to designate a Tribally Designated Housing Entity (TDHE) in Alaska for their IHBG formula program may not apply directly for funding under this competition. Native Alaskan tribes that choose to but are not required to designate a TDHE in Alaska for its IHBG formula program may apply for IHBG competitive funds directly.

B. Ineligible Applicants HUD does not award grants to individuals. HUD will not evaluate applications from ineligible applicants.

C. Cost Sharing or Matching This Program does not require cost sharing or matching.

Cost sharing, mandatory matching or leveraging is not required under this grant.

D. Threshold Eligibility Requirements Applicants who fail to meet any of the following threshold eligibility requirements are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive

HUD funding.

1. Resolution of Civil Rights Matters

Outstanding civil rights matters must be resolved before the application submission deadline.

Applicants with unresolved civil rights matters at the application deadline are deemed ineligible.

Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

a. An applicant is ineligible for funding if the applicant has any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that are not resolved to HUD’s satisfaction before or on the application deadline date for this NOFO.

(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 (including sexual orientation and gender identity), 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, Violence Against Women 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; Violence Against Women Act; 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. Timely Submission of Applications

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

3. Number of Applications and Eligible Activity Project(s)

Each eligible applicant may only submit one application under this NOFO, which may include one project or multiple projects. If an applicant submits more than one application under this NOFO, then HUD will only accept the last application submitted by the application deadline specified in Section IV.D.-Application Submission Dates and Times specified in this NOFO.

Also, if a TDHE serves as an umbrella organization for multiple tribes the TDHE may only submit one application under this NOFO.

Regardless of whether your application proposes one or multiple projects with funding under this NOFO, your application may not receive a grant that exceeds the applicable maximum grant amount set under this NOFO. If your application requests more than the maximum applicable grant amount under this NOFO, the application will not be reviewed. See Section III.D.4.

Additionally, if your application proposes…