fr-5900-n-23 community development block grant program for indian tribes and alaska native villages 9.8.15.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

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

FR-5900-N-23

H44870 Stamp

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

FR-5900-N-23

TABLE OF CONTENTS

Funding Opportunity Description. I.

Award Information. II.

Eligibility Information.

Eligible Applicants. A.

Cost Sharing or Matching. B.

Other. C.

III.

Application and Submission Information.

Obtaining an Application Package. A.

Content and Form of Application Submission. B.

DUNS Number and SAM Registration. C.

Application Submission Dates and Times. D.

Intergovernmental Review. E.

Funding Restrictions. F.

Other Submission Requirements. G.

IV.

Application Review Information.

Criteria. A.

Review and Selection Process. B.

Anticipated Announcement and Award Dates. C.

V.

Award Administration Information.

Award Notices. A.

Administrative, National and Departmental Policy Requirements. B.

Reporting. C.

VI.

Agency Contact(s). VII.

Other Information. VIII.

Appendix. IX.

U.S. Department of Housing and Urban Development

Program Office: Public and Indian Housing Funding Opportunity Title: Community Development Block Grant (ICDBG) Program for Indian

Tribes and Alaska Native Villages Announcement Type: Initial Funding Opportunity Number: FR-5900-N-23 Primary CFDA Number: 14.862 Due Date for Applications: October 22, 2015

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding the specific program requirements of this Program Notice of Funding Availability (NOFA) to the agency contact identified in Section VII. Please direct questions regarding the FY 2015 General Section to the Office of Strategic Planning and Management, Grants Management Division, at (202) 708-0667 (this is not a toll-free number).

Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Relay Service at 1-800-877-8339.

Additional Overview Information

1. Incorporation of the General Section. HUD publishes a General Section each fiscal year that contains mandatory requirements for all applicants to HUD’s various competitive grant programs, including this NOFA. Applications must meet all of the requirements of the General Section in addition to the requirements of this NOFA to be considered and potentially receive funding. The full title of the General Section is the General Section to the Fiscal Year 2015 NOFAs for Discretionary Programs. Copies are available at Grants.gov or HUD's Funds Available page, http: //portal.hud.gov /hudportal /HUD?src= /program_offices /administration /grants /fundsavail.

2. OMB Approval Number(s): 2577-0191

I. Funding Opportunity Description.

A. Program Description.

1. Purpose.

The purpose of the 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 as defined in 24 CFR 1003.4. The Office of Native American Programs (ONAP) in HUD's Office of Public and Indian Housing administers the program. Applicants can use these funds for a multitude of community development purposes including those that improve the lives of tribal youth by creating and providing protective factors that build an individual's resiliency. Accordingly, funds can be used to develop Head Start facilities, Boys and Girls Clubs, recreation centers, and job training programs as well as to improve the living situations of entire families.

a. Single Purpose Grants. Projects funded by the ICDBG program must meet the primary objective, defined at 24 CFR 1003.2, to principally benefit low- and moderate-income persons. Consistent with this objective, not less than 70 percent of the expenditures of each Single Purpose grant shall be for activities that meet the regulatory criteria at 24 CFR 1003.208 for:

(1) Area Benefit Activities;

http://www.grants.gov http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail H44870 Cross-out

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(1) Area Benefit Activities;

(2) Limited Clientele Activities;

(3) Housing Activities; or

(4) Job Creation or Retention Activities.

b. Imminent Threat Grants. Imminent Threat (IT) means a problem which if unresolved or not addressed will have an immediate negative impact on public health or safety (24 CFR § 1003.4). These grants are intended to alleviate or remove a threat to health or safety that requires an immediate solution as described at 24 CFR part 1003, subpart E. Due to the urgency and immediacy of the threat, projects funded must be completed within 12 months of the grant award, unless there is good cause for not being able to do so.

An application for IT funds is not required to be submitted by the deadline established in this NOFA. IT applications are funded on a first-come first-served basis until the amount set aside for this purpose is exhausted. Each IT application will be reviewed on a case-by-case basis.

(1) Imminent Threat Applications. Applications should be submitted to the applicant’s Area Office of Native American Programs (ONAP). Applications which meet the requirements of 24 CFR § 1003, subpart E, may be approved without competition in accordance with the applicable requirements of 24 CFR part

1003.304. The application must include the following:

(a) Form SF-424 Application for Federal Assistance;

(b) Description of the imminent threat that addresses the following:

That the threat is not of a recurring nature;

That the threat represents a unique and unusual circumstance that has been clearly identified by the tribe or village;

That the threat affects or impacts the entire service area as defined at 24 CFR § 1003.4, and not solely an individual family or household, with information provided as to the number of homes affected and/or impact to the entire service area; and That the proposed project is feasible and has a reasonable chance of alleviating the problem.

(c) Independent verification from a qualified third party (e.g., Indian Health Service, Bureau of Indian Affairs, Federal Emergency Management Agency, state, county, local officials or engineers privately employed) that the threat is urgent, exists at present or will exist very soon, and must be addressed immediately to save lives and reduce imminent threat to health and safety.

(d) Detailed budget information and a (form HUD-4123 Cost Summary);

(e) Evidence confirming that the applicant can implement and complete the funded project within 12 months of the grant award (form HUD-4125 Implementation Schedule) unless there is good cause, as determined by HUD, for not being able to do so.

(f) Statement in the form of a tribal resolution (or equivalent) that other tribal or Federal funding sources are unavailable to alleviate the threat.

(2) Letter to Proceed. Prior to application approval, under the authority of 24 CFR § 1003.401(a), an area ONAP may issue the applicant a letter to proceed to incur costs to alleviate threats to health and safety. This may occur only if the activities do not alter environmental conditions and are for temporary or permanent improvements limited to protection, repair, or restoration actions necessary only to control or arrest the effects of imminent threats or physical deterioration. Reimbursement of such costs is dependent upon HUD approval of the application and completion of the required Environmental Review record for the covered activity.

Refer to Section VI.C. of this NOFA and to 24 CFR § 1003, Subpart F, for award administration information and reporting requirements.

2. Changes from Previous NOFA.

The FY 2015 ICDBG NOFA includes several policy, clarifying, organizational, and processing changes which are summarized below. This NOFA:

Exempts applicants who receive the minimum amount of IHBG funding, and who are applying for ICDBG for new housing construction, from needing to demonstrate that other funding sources, including IHBG, could be used to construct the new housing;

Requires applicants to demonstrate that the project will be underway within 180 days from the date the funds are available to the applicant;

Specifies that the Community Based Development Organizations or other subrecipient’s financial management and procurement system’s will be required to meet the ICDBG requirements if such entities are going to have financial management or procurement responsibilities for the project;

Eliminates the points for HUD Policy Priorities;

States that when rating the implementation and expenditures of past ICDBG projects grants funded in the prior NOFA round will not be included in the calculation;

Asks applicants to describe how they involved the community in the development of the application (pursuant to the requirement for citizen participation);

Provides up to two bonus points for projects located either in Promise Zones or Sustainable Communities;

Specifies that the amounts of funds a tribe or tribal organization is committing to a project must be included in a tribal resolution;

Requires applicants for housing projects to state that they have adopted housing rehabilitation or construction standards and policies;

Adds a requirement that land be zoned for housing if acquired for future housing development and that construction needs to begin no later than two years after site purchase and that applicants who are requesting funds to acquire land for future housing development demonstrate that the land is suitable for housing;

Clarifies that the entities preparing a financial analysis for economic development projects must be independent from the applicant and must have experience in the analyzing the type of project proposed;

Includes a list of the types of activities that can and cannot be funded;

Specifies that the citizen participation resolution submitted with the application must be for the type of project proposed in the application;

Clarifies that energy efficient construction can be used to demonstrate operational savings in later years;

Specifies that the person who prepares the budget must have recent and relevant experience in preparing budgets for the type of project proposed;

States that if the application includes a public service component, the breakdown of costs for services must be included in the budget;

States that if an organization other than the tribe or its TDHE is assuming responsibility for maintaining the housing project, the applicant must provide a commitment to that effect from that organization;

Modifies slightly the language in the leveraging rating in Rating Factor 4 to require more concrete evidence of funds committed;

States that when a tribal organization applies for a grant on behalf of an Indian tribe, the tribe, and not the organization, is considered the grantee responsible for the environmental review requirements;

Moves several of the project-based threshold requirements to an “Other Requirements” section;

Moves the subfactor on “Unfunded Applications” from Rating Factor 1 to Rating Factor 2;

Includes clarification of the types of application deficiencies that can be cured;

Provided examples of good cause to enable applicants to submit paper rather than electronic applications; and In the application checklist, clarifies which forms and what type of information must be submitted

In the application checklist, clarifies which forms and what type of information must be submitted with all applications and which forms and information are optional depending on the type of projects proposed.

3. Definitions.

a. Eligibility Requirements – Eligibility requirements are those requirements that must be met for an application to be eligible for funding. Deficiencies in meeting an eligibility requirement may be categorized as either curable or non-curable.

b. Threshold Requirement – Threshold requirements are a category of eligibility requirements. A threshold requirement is a requirement that must be met in order for an application to be reviewed. Threshold requirements are not curable.

Threshold requirements are listed in Section III.C.2. of both the 2015 General Section and in this Program

NOFA.

Applicants must ensure their application package addresses all threshold requirements. Please check your application carefully!

c. Deficiency – Deficiencies are not the same as errors. Errors are never curable except as permitted under Section IV.C.2. Deficiencies are items of missing or omitted information within a submitted application.

Deficiencies typically involve missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box, etc.). Depending on specific criteria, deficiencies may be either curable or non-curable.

d. Curable Deficiency – A curable deficiency is a specific type of deficiency that applicants may correct with timely action. To be curable the deficiency must:

– Not be a threshold requirement;

– 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.

e. Non-Curable Deficiency – An applicant cannot correct a non-curable deficiency 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.

f. Adopt. To approve by tribal resolution or the equivalent.

g. Community Based Development Organization (CBDO). The ICDBG regulation at 24 CFR 1003.204(c), explains the criteria for CBDO determination for the purpose of constructing housing with ICDBG funds. Tribally designated housing entities (TDHE) are not automatically considered CBDOs so applicants are encouraged to review the definition in the regulation before submitting an application for construction of housing.

h. Document. To supply supporting written information and/or data in the application that satisfies the NOFA requirement. Documentation should clearly and concisely support your response to the rating factor.

i. Entity Other than Tribe. An entity other than the tribe must have the following characteristics: (a) must be legally distinct from the tribal government; (b) its assets and liabilities cannot be considered those of the tribal government; (c) claims against such entities cannot be made against the tribal government; and (d) must have governing boards such as boards of directors, or groups or individuals similar in function and responsibility to such boards which are separate from the tribe's general council, tribal council, or business council, as applicable.

j. Firm Commitment. A letter of commitment from a partner by which an applicant’s partner agrees to perform an activity specified in the application, demonstrates the financial capacity to deliver the resources necessary to carry out the activity, and commits the resources to the activity, either in cash or through in-kind contributions. If a tribe is committing resources to a project the amount of such commitment should be included in the tribal resolution.If a tribal organization is the applicant is should submit evidence of such commitment in the equivalent of a tribal resolution.

k. Homeownership Assistance Programs. Tribes may apply for assistance to provide direct homeownership assistance to low- and moderate-income households to: (a) subsidize interest rates and mortgage principal amounts for low- and moderate-income homebuyers; (b) finance the acquisition by low-and moderate-income homebuyers of housing that is occupied by the homebuyers; (c) acquire guarantees for mortgage financing obtained by low- and moderate-income homebuyers from private lenders (except that ICDBG funds may not be used to guarantee such mortgage financing directly, and grantees may not provide such guarantees directly); (d) provide up to 50 percent of any down payment required from a low- and moderate-income homebuyer; or (e) pay reasonable closing costs (normally associated with the purchase of a home) incurred by a low- and moderate-income homebuyer.

l. Leveraged Resources. Leveraged resources are resources that you will use in conjunction with ICDBG funds to achieve the objectives of the project See Rating Factor 4 for documentation requirements for leveraged resources.

m. Low- and Moderate-Income Beneficiary. Is 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.

n. Microenterprise Programs. Microenterprises are defined as commercial entities with five or fewer employees, including the owner. Microenterprise program activities may entail the following assistance to eligible businesses: (a) providing credit, including, but not limited to, grants, loans, loan guarantees, and other forms of financial support for the establishment, stabilization, and expansion of microenterprises; (b) providing technical assistance, advice, and business support services to owners of microenterprises and persons developing microenterprises; and (c) providing general support, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services to owners of microenterprises and persons developing microenterprises.

o. New Applicant. An applicant that has either never received an ICDBG or an applicant whose prior grants have either been closed or closed subject to audit for more than 12 months prior to the application submission date. This definition applies to the entity that is submitting the application.

p. Operations and Maintenance (O&M) for Public Facilities and Improvements. Items of expense related to the operation of the physical plant that must be addressed in an O&M plan:

(1) daily or other periodic maintenance activities;

(2) repairs such as replacing broken windows;

(3) capital improvements or replacement reserves for repairs such as replacing the roof;

(4) fire and liability insurance (may not be applicable to most types of infrastructure projects such as water and sewer lines); and

(5) security (may not be applicable to many types of infrastructure projects such as roads). (Please note that while it is possible that the service provider may, in its agreement with a tribe, commit itself to cover certain or all facility O&M costs, these costs do not include the program service provision costs related to the delivery of services (social, health, recreational, educational, or other) that may be provided in a facility).

q. Outcomes. The ultimate impact that is hoped to be achieved with the proposed project. Outcomes should be quantifiable measures or indicators that identify the change in the community, people’s lives, economic status, etc.

r. Outputs. Outputs are the direct products of a program’s activities. Outputs are usually measured in terms of the volume of work accomplished, such as the number of low-income households served, number of units constructed or rehabilitated, linear feet of curbs and gutters installed, or number of jobs created or retained.

Outputs should be clear enough to allow HUD to monitor and assess the proposed project’s progress if funded.

s. Project Cost. The total cost to implement the project. Project costs may be covered by both ICDBG and non-ICDBG funds and resources.

t. Standard Housing/Standard Condition. Housing that meets the housing quality standards (HQS) adopted by the applicant (or tribe in the case of new construction projects). 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 and an energy efficient building and systems that incorporate energy conservation measures; and (c) adequate space and privacy for all intended household members.

u. Statement. When a “written statement” is requested for any threshold, program requirement, or rating factor, the applicant must address in writing the specific item cited.

v. Tribe. The word “tribe” means 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).

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 NOFA is the Consolidated and Further Continuing Appropriations Act, 2015, Public Law 113-235, approved December 16, 2014.

II. Award Information.

A. Available Funds.

HUD is making available through this NOFA $58,856,810 for Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages.

Additional funds may become available for award under this NOFA as a result of HUD's efforts to recapture unused funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds will be subject to statutory constraints. All awards are subject to the applicable funding restrictions described in the General Section and to those contained in this NOFA.

The FY 2015 appropriation for the ICDBG program is $60,000,000 less up to $3,960,000 retained to fund Imminent Threat grants. Combined with $2,816,810 in funds carried over from FY 2014, there is a total of $58,856,810 available for Single Purpose grants under this NOFA. The grant ceiling for imminent threat requests for FY2015 is $450,000 ($900,000 for Presidentially-declared disasters). This ceiling has been established pursuant to the provisions of 24 CFR 1003.400(c).

1. Allocations to Area ONAPs. The requirements for allocating funds for Single Purpose grants to Area ONAPs responsible for program administration are found at 24 CFR 1003.101. Note that HUD is using data from the U.S. Census’ American Community Survey to prepare these allocations in accordance with the requirement in 24 CFR 1003.101(a)(2) that HUD allocate funds based on the most recent data compiled and published by the United States Bureau of the Census. Also, the needs data of State-recognized tribes that are not eligible to apply for ICDBG funding is not included in the calculations. For a more detailed explanation about the data used please see: http://www.huduser.org/portal/icdbg/home.html. The allocations for FY 2015 grants are as follows:

Eastern/Woodlands: $4,648,764

Eastern/Woodlands: $4,648,764

Southern Plains: $13,989,642

Northern Plains: $ 8,842,084

Southwest: $20,912,558

Northwest: $3,188,032

Alaska: $7,275,730

Total $58,856,810

2. Grant Ceilings. The authority to establish grant ceilings is found at 24 CFR 1003.100(b)(1).

Applications may not exceed the following levels.

Area ONAP Population Ceiling

Eastern Woodlands ALL $600,000

Southern Plains ALL $800,000

Northern Plains 6,001+ $1,100,000

0-6,000 $900,000

Southwest 50,001+ $5,500,000

10,501-50,000 $2,750,000

7,501-10,500 $2,200,000

6,001-7,500 $1,100,000

1,501-6,000 $825,000

0-1,500 $605,000

Northwest ALL $500,000

Alaska ALL $600,000

For the Southwest Area and Northern Plains ONAP jurisdictions, the population used to determine ceiling amounts is the Native American population that resides on a reservation or Rancheria.

An applicant from the Southwest or the Northern Plains ONAP jurisdictions should contact those offices before submitting an application if it is unsure of the population level to use to determine the ceiling amount.

The Southwest or Northern Plains Area ONAP, as appropriate, must approve any corrections or revisions to Native American population data before an application is submitted.

If the application exceeds the ceiling it will not be rated.

3. Housing Rehabilitation Cost Limits. Grant funds must fall within the following per-unit limits for each Area ONAP jurisdiction. An applicant’s budget must demonstrate that these cost limits will not be exceeded with ICDBG funds, if awarded.

Eastern/Woodlands: $35,000

Southern Plains: $35,000

Northern Plains: $50,000

Southwest: $65,000

Northwest: $50,000

Alaska: $75,000

B. Number of Awards.

HUD expects to make approximately 75 awards from the funds available under this NOFA.

NOTE: Only one ICDBG application may be submitted for each area within the jurisdiction of an entity eligible under 24 CFR 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.

C. Minimum/Maximum Award Information.

Estimated Total Funding: $58,856,810 Minimum Award Amount: $500,000 Per Project Period Maximum Award Amount: $1,000,000 Per Project Period

D. Period of Performance.

The period of performance for any grant awarded under this NOFA must be included in the Implementation Schedule, form HUD-4125, approved by HUD. For FY 2015, HUD must obligate the funds no later than September 15, 2017, and the grantee’s Implementation Schedule cannot exceed September 15, 2022. Any funds not drawn down as of September 15, 2022, will be cancelled. HUD reserves the right, however, to require an earlier expenditure deadline under an ICDBG grant agreement. If the grantee does not make substantial progress toward meeting its implementation schedule, HUD reserves the right to recapture the funds

Estimated Project Start Date: 11/30/2015 Estimated Project End Date: 11/29/2020 Other The length of the project period is based on the implementation schedule submitted by the applicant and approved by HUD.

E. Type of Funding Instrument.

Funding Instrument Type: Grant

F. Supplementation.

The minimum and maximum awards for ICBDG grants vary by six Area ONAPs. See section II.A.2. of this

NOFA.

III. Eligibility Information.

A. Eligible Applicants.

Eligible applicants under the NOFA include:

Native American tribal governments (Federally recognized) Native American tribal organizations (other than Federally recognized tribal governments) Others (see text field entitled "Additional Information on Eligibility" for clarification)

Additional Information on Eligibility:

Eligible applicants are Indian tribes or tribal organizations on behalf of Indian tribes. 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.

Tribal organizations are permitted to submit applications under 24 CFR 1003.5(b) on behalf of eligible tribes when one or more eligible tribe(s) authorize the organization to do so under concurring resolutions. The tribal organization must itself be eligible under Title I of the Indian Self-Determination and Education Assistance Act. The Bureau of Indian Affairs (BIA) or the Indian Health Service (IHS), as appropriate, must make a determination of such eligibility. This determination must be provided to the Area ONAP by the application deadline. If a tribe or tribal organization claims that it is a successor to an eligible entity, the Area ONAP must review the documentation to determine whether it is in fact the successor entity. If your organization has already submitted this information to the Area ONAP you need not submit it again. An application submitted by a tribal organization on behalf of a specific tribe will not be accepted if the tribe itself submits an application for the same funding round.

On January 14, 2015, the BIA published a Federal Register notice entitled, "Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs” (80 FR 1942). This notice provides a listing of Indian Tribal Entities in Alaska found to be Indian tribes as the term is defined and used in 25 CFR Part 83. Additionally, pursuant to Title I of the Indian Self-Determination and Education Assistance Act, ANCSA Village Corporations and Regional Corporations are also considered tribes and therefore eligible applicants for the ICDBG program.

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 ANCSA Village Corporation, and the ANCSA Regional Corporation.

Any questions regarding eligibility determinations and related documentation requirements for entities in Alaska should be referred to the Alaska Area ONAP prior to the application deadline (See 24 CFR 1003.5 for a complete description of eligible applicants).

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

All applicants must have an active Data Universal Numbering System (DUNS) number (http://fedgov.dnb.com/webform) and have an active registration in the System for Award Management (SAM) (www.sam.gov) before submitting an application. Getting a DUNS number and completing SAM registration can take up to four weeks; therefore applicants should start this process or check their status early.

See also Section IV.B below for necessary content and form of the application.

B. Cost Sharing or Matching.

This Program does not require an applicant to leverage resources through cost sharing or matching.

http://fedgov.dnb.com/webform http://www.sam.gov

Generally, federal sources are not allowed to be used as cost share or match unless otherwise permitted by a program’s authorizing statute.

Cost sharing or matching is not required under this grant; however, applicants who leverage this grant with other funds receive points under Rating Factor 4. The greater the percentage of leveraged funds committed, the greater the number of points an applicant can receive under rating factor 4, up to a maximum of 8 points.

See Section V.A. Rating Factor 4.

C. Other.

All applicants must also refer to Section III of the General Section for information on HUD-wide eligibility requirements. These requirements may determine whether your application is reviewed or make your application ineligible for funding.

Program specific eligibility criteria for this competition includes:

1. Statutory and Regulatory Requirements.

a. ICBDG Requirements. Applicants awarded a grant under this NOFA are required to comply with the statutes, regulations, guidelines, and other requirements with respect to the acceptance and use of federal funds for this federally assisted program.

b. Environmental Requirements. See section VI B.1. of this NOFA.

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

d. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 requirements under 24 CFR Part 135 apply to the ICDBG program but, as stated in §135.3(c), the procedures and requirements of Part 135 apply to the maximum extent consistent with, but not in derogation of, preferences for the benefit of Indians under §7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). Grantees are required to submit an annual report on employment, training, contracting and other economic opportunities consistent with the Section 3 regulatory reporting requirements.

2. Threshold Requirements.

Only applications that meet all threshold requirements established in the General Section and Program NOFA will be evaluated. In addition to the threshold criteria outlined in the General Section, including the Resolution of Outstanding Civil Rights Matters (prior to application deadline), the following threshold requirements must be met:

Only applications that meet all threshold requirements established in the General Section and Program NOFA will be evaluated. In addition to the threshold criteria outlined in the General Section, including the Resolution of Outstanding Civil Rights Matters (prior to application deadline), the following threshold requirements must be met:

Program-Related Requirements

(1) Outstanding ICDBG Obligation. Pursuant to 24 CFR 1003.301(a), an applicant that has an outstanding ICDBG obligation to HUD that is in arrears, or one that has not agreed to a repayment schedule will be disqualified from the competition.

(2) Resolution of Civil Rights Matters. Applicants and subrecipients that are not federally recognized Indian tribes or their instrumentalities are subject to the threshold on Resolution of Civil Rights requirements found in the General Section at Section III.C.2.b. Federally recognized Indian tribes and its instrumentalities are subject to the requirements of: Title II of the Civil Rights Act of 1968, known as the Indian Civil Rights Act; Section 109 prohibitions against discrimination based on age, sex, religion and disability; the Age

Discrimination Act of 1975; and Section 504 of the Rehabilitation Act of 1973. To be eligible to apply under this NOFA, the applicant may not have any outstanding violations of these civil rights authorities by the application deadline.

3. Compliance with Nondiscrimination and Related Requirements.

a. Nondiscrimination provisions. Under HUD’s regulations at 24 CFR 1003.601, HUD waived the requirement that grantees comply with the nondiscrimination provisions in Section 109 of the CDBG statute, except with respect to age, sex, religion, or against an otherwise qualified disabled individual in the use of ICDBG funds. Section 109 requires compliance with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 also (HUD's regulations for Section 109 are in 24 CFR Part 6). HUD's regulations at 24 CFR Part 8 include accessibility standards for housing and non-housing facilities constructed or rehabilitated with Federal financial assistance, including ICDBG. A grantee must also comply with the Indian Civil Rights Act in its use of ICDBG.

b. Affirmatively Furthering Fair Housing. Applicants under this NOFA do not have a submission requirement related to HUD’s obligation to affirmatively further fair housing under Section 808(e) of the Fair Housing Act as described in the General Section. Under Section 106(a)(1) of the Housing and Community Development Act of 1974 grants to Indian tribes are not subject to the requirement in Section 104(b)(2) that the grantee certify that it will affirmatively further fair housing.

4. Other Requirements.

This program has eligibility criteria for beneficiaries.

ICDBG activities must serve low- and moderate-income families, households, or individuals as specified in Section I of this NOFA.

a. Project-Specific Requirements. An applicant must address each component of the project-specific requirements that are applicable to the proposed project in its application.

(1) Housing Rehabilitation Project Requirements. In accordance with 24 CFR 1003.302(a), the applicant must state in its application that it has adopted rehabilitation standards and policies as defined in Section I.A.3.q. of this NOFA prior to its application submission. If the statement is not included in the application, the application will not be reviewed.

Do not submit policies or standards with the application. If the applicant proposes to use ICDBG funds to rehabilitate HUD-assisted houses, it must also provide a written statement that project funds will be used to rehabilitate HUD-assisted houses only when the homebuyer’s payments are current or the homebuyer is current in a repayment agreement except because of an emergency situation. For purposes of meeting this requirement, HUD-assisted houses are houses that are owned, operated or assisted by the tribe or TDHE.

The ONAP Administrator, on a case-by-case basis, may approve exceptions to this requirement if the applicant provides adequate justification for the exception with its application. For housing rehabilitation, your application must state that each housing unit that receives ICDBG assistance will be occupied by a low-and moderate-income family at the time the assistance is provided.

(2) New Housing Construction Project Requirements.

(a) In accordance with 24 CFR 1003.302(b), new housing construction can only be implemented when necessary through a Community Based Development Organization (CBDO). Eligible CBDOs are described in 24 CFR 1003.204(c). An applicant must provide documentation establishing that the entity implementing the new housing construction project qualifies as a CBDO.

(b) In accordance with 24 CFR 1003.302(b), the applicant must state that it has a current, in effect, tribal resolution adopting and identifying construction standards that at minimum meet the requirements in Section I.D.14 of this NOFA.

(c) In accordance with 24 CFR 1003.302(b), you must document that:

(i) No other housing is available in the immediate reservation area that is suitable for the households to be assisted; and

(ii) No other sources, including Indian Housing Block Grants (IHBG), can meet the needs of the household(s) to be served (applicants that receive minimum IHBG funding pursuant to the IHBG regulation at 24 CFR 1000.328 are exempt from this provision); and

(iii) Rehabilitation of the unit occupied by the household(s) to be assisted is not economically feasible; or

(iv) The household(s) to be housed is currently in an overcrowded house (more than one household per house);

(v) The household to be assisted has no current residence.

If the foregoing information described in this requirement is not provided in the application for new housing construction, the application will not be reviewed.

(3) Economic Development Project Requirements. In accordance with 24 CFR 1003.302(c), for economic development assistance projects, the applicant must provide a financial analysis prepared by a qualified party. The qualified party providing the analysis must have recent and relevant experience in the type of project proposed. The financial analysis must demonstrate that the project is financially feasible and the project has a reasonable chance of success. The analysis should include information about the project’s market share, sales levels, growth potential, projections of revenue, project expenses, and debt service, if applicable. The analysis must also demonstrate the public benefit resulting from the ICDBG assistance. The more funds requested, the greater the public benefit the applicant must demonstrate. The analysis must also establish that to the extent practicable, reasonable financial support will be committed from non-federal sources prior to disbursement of federal funds; any grant amount provided will not substantially reduce the amount of non-federal financial support for the activity; not more than a reasonable rate of return on investment is provided to the owner; and that grant funds used for the project will be disbursed on a pro-rata basis with amounts from other sources. If applying for an economic development project and the information in this requirement is not provided with the application, the application will not be reviewed.

(4) Land Acquisition to Support New Housing. Applicants submitting applications to use ICDBG funds to acquire land for future housing projects must provide information enumerated in Rating Factor 3, subfactor

e. in section V of this NOFA. Award of a grant does not constitute approval of specific sites where activities that are subject to environmental review may be carried out.

(5) Public Services. An applicant may not receive a Single Purpose grant solely to fund public service activities. An application, however, may contain a public service component for up to 15 percent of the total grant, and this component may be unrelated to the other project(s) in the application. If the application does not receive full funding,HUD will reduce the public service allocation proportionately so that it comprises no more than 15 percent of the total grant award. In making such reductions, the feasibility of the proposed project will be taken into consideration. If a proportionate reduction of the public service allocation renders the public service infeasible, the project will not be funded. A complete description of public service projects is located at 24CFR Part 1003.201(e).

b. Eligible Activities. A complete description of activities that are eligible for ICDBG funding is identified at 24 CFR Part 1003, subpart C. Rating Factors 2 and 3 included under Section V.A. of this NOFA specify many of the activities listed as eligible under part 1003, subpart C. Those listed include new housing construction (in certain circumstances, as described in Rating Factors 2 and 3), housing rehabilitation, land acquisition to support new housing, homeownership assistance, public facilities and improvements, economic development, and microenterprise programs. The following eligible activities not clearly identified by the rating factors may be proposed and rated as described below.

(1) Acquisition of Property. Acquisition of land or other real property may be proposed in conjunction with proposals for New Housing Construction, Housing Rehabilitation, Public Facilities and Improvements, or Economic Development. Applicants may also acquire land alone but only for future housing development. Acquisition of standard housing not in need of rehabilitation may also be proposed as a stand-alone activity but the acquired units must meet the housing standards of the HUD Section 8 program as defined in the definitions section of this NOFA. See Rating Factor 2, subfactor 2.c. and Rating Factor 3, Subfactor 4.e.

(2) Assistance to Community Based Development Organizations (CBDO). Applicants may provide assistance to these organizations to undertake activities related to neighborhood revitalization, community economic development, or energy conservation. If the organization has previously been determined by ONAP to be a CBDO, the applicant does not have to resubmit documentation of this in the application.

(3) Clearance and Demolition. These activities can be proposed as part of Category One Housing Rehabilitation, New Housing Construction, Public Facilities and Improvements, Economic Development, or Land to Support New Housing but demolition of HUD-assisted housing can only be undertaken with the prior approval of HUD.

(4) Comprehensive Planning. This activity can be proposed as part of any otherwise-eligible project to the extent allowed by the 20 percent cap on the grant for planning/administration.

(5) Energy Efficiency/Green Development. Associated activities can be proposed under Housing Rehabilitation, Public Facilities and Improvements, New Housing Construction, or Economic Development depending upon the type of energy efficiency activity.

(6) Lead-Based Paint Evaluation and Hazard Control. These activities can be proposed under Housing Rehabilitation and certain other projects and are required on projects described in Section IV.G, paragraph 1.

(7) Non-Federal Share. ICDBG funds can be used as a match for any non-ICDBG funding to the extent allowed by such funding if the activity is eligible under 24 CFR Part 1003, subpart C.

(8) Privately and Publicly Owned Commercial or Industrial Buildings (real property improvements).

These activities can be proposed under Economic Development. Privately owned commercial rehabilitation is subject to the requirements at 24 CFR 1003.202.

(9) Privately Owned Utilities. Assistance to privately owned utilities can be proposed under Public Facilities and Improvements.

(10) Removal of Architectural Barriers. This includes removing barriers that restrict mobility and access for elderly and persons with disabilities. In addition, facilities funded by ICDBG or used in the administration of ICDBG funded projects or activities must be accessible to persons with disabilities in accordance with Section 504 of the Rehabilitation Act and HUD’s regulations at 24 CFR Part 8. Applicants should be aware of the accessibility needs of the persons they intend to serve in ICDBG funded projects and activities, and address these needs in appropriate accessible design features or program modifications to ensure that otherwise qualified persons with disabilities may benefit from them. This activity can be proposed under Housing Rehabilitation or Public Facilities and Improvements, depending upon the type of structure where the barrier will be removed.

(11) Mold. Renovation of affected buildings, including the elimination of mold is eligible under housing rehabilitation or public facility improvement projects

(12) Public Services. Public services are those which are directed toward improving the community’s public services and facilities, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare, homebuyer down payment assistance or recreational needs. Also see Section III.C.4. above and 24 CFR 1003.201(e).

(13) Relocation. Relocation expenses are an eligible activity in accordance with 24 CFR 1003.602.

c. Ineligible Activities. In general, any activity that is not authorized under the provisions of 24 CFR

1003.201 through 1003.206 is ineligible to be assisted with ICDBG funds. The regulations at 24 CFR

1003.207 govern ineligible activities and should be referred to for details. The following guidance is provided for determining the eligibility of other activities frequently associated with ICDBG projects.

(1) Government Office Space. ICDBG funds cannot be used to fund the construction, renovation or mold remediation or prevention on buildings, or portions thereof, used predominantly for the general conduct of government. Those buildings include, but are not limited to, local government office buildings, courthouses, and other headquarters of government where the governing body meets regularly. Buildings that contain both governmental and non-governmental services can be assisted so long as the ICDBG funds are used only for the non-governmental sections. An example of an ineligible building is a building to house the community development division or a tribal administration building. The term “Buildings for the general conduct of government”, is further defined at 24 CFR 1003.4. Area ONAPs should be consulted for projects of this nature.

(2) General Government Expenses. Except as authorized in the regulations or under 2 CFR 200.444, expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance with ICDBG funds.

(3) Maintenance and Operation Expenses. In general, any expenses associated with repairing, operating, or maintaining public facilities and services are not eligible for assistance. Specific exceptions to this general rule include: applicable operating and maintenance expenses associated with public service activities (24 CFR 1003.201(e)), office space for program staff employed in carrying out the ICDBG program (24 CFR 1003.206(a)(4)), and interim assistance (24 CFR 1003.201(f)). For example, where a public service is being assisted with ICDBG funds, the cost of operating and maintaining that portion of the facility in which the service is located is eligible as part of the public service. Examples of ineligible operating and maintenance expenses are routine and non-routine maintenance and repair of streets, parks, playgrounds, water and sewer facilities, neighborhood facilities, senior centers, centers for persons with disabilities, parking facilities, and similar public facilities, as well as staff salaries, utility costs, and similar expenses necessary for the operation of public works and facilities.

(4) New Housing Construction. The construction of new permanent residential structures and any program to subsidize or finance such new construction is ineligible, unless carried out by a CBDO pursuant to 24 CFR 1003.204(a).

(5) Furnishings and Personal Property. In general, the purchase of equipment, fixtures, motor vehicles, furnishings, or other personal property that is not an integral structural fixture is ineligible. Exceptions include when such purchases are necessary for use in grant administration (24 CFR 1003.206); necessary and appropriate for use in a project carried out by a CBDO (24 CFR 1003.204); used in providing a public service (24 CFR 1003.201(e)); or used as firefighting equipment (24 CFR 1003.201(c)(1)(ii)). However, ICDBG funds may be used to pay depreciation (in accordance with 2 CFR 200.436).

(6) Construction Tools and Equipment. The purchase of construction tools and equipment is generally ineligible.