FY2021 Indian Housing Block Grant NOFO.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Indian Housing Block Grant (IHBG) - Competitive Grant Program

FR-6500-N-48

12/01/2021

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. Obtaining an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number

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. Statutory and Administrative, National and Department Requirements for HUD Recipients

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-6500-N-48

Primary CFDA Number:

14.867 Due Date for Applications:

12/01/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

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

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

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

OMB Approval Number(s):

2577-0218

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 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 primarily benefit low-income Indian families.

In the Consolidated Appropriations Act, 2021 (Appropriations Act) (Public Law 116-260), approved December 27, 2020) Congress provided a total of $100,000,000 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 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, while considering need and 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.

While HUD will give funding priority for new construction projects, rehabilitation projects, acquisition of existing housing units that increase housing stock, and necessary affordable housing-related infrastructure projects, applicants may also apply for funding to carry out other eligible activities under NAHASDA.

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 and physically deteriorating units, 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 https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html 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 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. Changes from Previous NOFO.

Section II.A.-Available Funds Updated to reflect that funding of $95,000,000 is available through this NOFO

Section III.A. Eligible Applicants Subawards: Added language clarifying that eligible applicants may subaward to other entities under this NOFO. In this instance, HUD will assess the entity listed on the SF-424 throughout this competition.

Section III.D. Threshold Eligibility Requirements

Threshold #3-Number of Applications and Eligible Activity Project(s): Added language specifying that if a TDHE serves as an umbrella organization for multiple tribes, the TDHE may only submit one application under this NOFO. Also, the applicant may not receive a grant that exceeds the applicable maximum grant amount set under this NOFO.

Threshold #5-Late Audit Submissions. Will look at two years of data instead of one.

Also, will now look at if the applicant or their corresponding Tribe/TDHE had a late audit. Finally, incorporated language to address submission delays caused by COVID-19.

Section IV.B.2. Format and Form

Item “i.” – Included in the list of submissions, any applicable firm commitment documentation for Rating Factor 4.

Section V.A.1. Rating Factors

Rating Factor 1 o Subfactor 1.1-Managerial and Technical Staff: Added language to clarify that the applicant does not need to address recent, relevant, and successful as part of the gap in capacity analysis.

o Subfactor 1.2-Procurement and Contract Management: Added language to clarify that outdated references will not be accepted.

o Subfactor 1.3-IHBG Expenditures: Added language to clarify that the applicant does not have to address the LOCCS balance in its work plan narrative unless addressing the undisbursed balance. The maximum points allowed were reduced to two.

o Subfactor 1.4-Findings: Added language to clarify that the applicant does not have to address this subfactor in the work plan narrative. Also, added language to clarify that the findings of the corresponding Tribe/TDHE will be evaluated. The maximum points allowed were reduced to two.

o Subfactor 1.5-Timely Reporting. Added language to clarify that the applicant does not have to address this subfactor in the work plan narrative. The maximum points allowed were reduced to two.

o Subfactor 1.6- Late Audit Submission - Removed from threshold requirements and added as a sub-factor. Maximum points allowed is two.

o Sub-factor 1.7- Program Performance Going Forward was added to Rating Factor 1 that requires a detailed explanation of whether applicants are affected by

COVID-19.

Rating Factor 2 o Subfactor 2.1.b - Identified Needs and Supporting Data - added minimum needs to point value o Subfactor 2.4-Sustainability: Added language to clarify that applicants that propose infrastructure projects where the proposed project will support the development of affordable housing after the Period of Performance must describe their plans to establish an affordability period in compliance with Section 205 of

NAHASDA.

Rating Factor 3 o Subfactor 3.1-IHBG Competitive Priorities: Added language to clarify that HUD will calculate percentage of funding proposed towards the eligible activity, excluding administration and planning costs. Added language to clarify the treatment of proposed infrastructure projects.

o Subfactor 3.2 - Deleted reference to Section 3 o Subfactor 3.4 – Budget – (Rating Factor Description) – deleted the following language from Rating Factor description – “HUD will also evaluate whether housing and non-dwelling structures that the applicant proposes to develop, acquire, or assist will meet moderate cost or design standards outlined in 24 CFR 1000.156-1000.162 o Subfactor 3.4 – Budget (Points Structure)- Added language to clarify acceptable supporting documentation in review of Total Development Costs.

Rating Factor 4-Leveraging Resources: Added language to clarify that tax assessments are considered appraisals. Added language to point breakdowns to clarify that only leveraging resources with required firm commitment documentation will be counted.

3. Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that 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 opportunity, 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 of a program participant’s activities and programs relating to housing and urban development.

Assistance Listings means a unique number assigned to identify a Federal Assistance Listing, formerly known as the CFDA Number.

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

1) Grant;

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

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed or voluntary contributions; or

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

b. Federal Financial Assistancedoes not include:

1. Technical assistance, which provides services in lieu of money; and

2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant.

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

Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 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 in 2 CFR 200.1.

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.

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

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

Not influence how an applicant is ranked or scored versus other applicants; and

Be remedied within the time frame specified in the notice of deficiency.

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

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

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number

System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DUNS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers.

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

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

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

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

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

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

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph

(2) of the definitions of Federal financial assistance in 2 CFR §200.1, 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.

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.

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.

Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment.

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

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

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

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

The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121}

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 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 https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly for a Federal awarding agency.

System for Award Management (SAM) means 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 athttps://www.sam.gov/SAM/. There is no cost to use SAM.

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

Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities.

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

Other NAHASDA-eligible activities: For this NOFO, this term refers to the eligible activities found in NAHASDA Section 202, other than new housing construction, rehabilitation, acquisition of existing housing units that increases affordable housing stock, and affordable housing-related infrastructure. Model activities under Section 202(6) are not eligible under this

NOFO.

Firm Commitment: This term refers to a letter of commitment, memorandum of understanding or agreement to participate from an applicant’s partner specifying that it agrees to perform and/or support an activity specified in the application. The firm commitment must demonstrate that the partner has the financial capacity to deliver the resources or skills necessary to implement the proposed activity, either in cash or through in-kind contributions, if HUD awards IHBG competitive funds. Partners that may provide a firm commitment may be the tribal government, a public agency, foundation, or other private party resource provider.

B. Authority.

This program is authorized under the Consolidated Appropriations Act, 2021 (Public Law 116- 260, approved December 27, 2020) the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.), and any other authorities that may make additional funds available for award under this NOFO in the future.

II. Award Information.

A. Available Funds Funding of approximately $ 95,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

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

Congress appropriated $100 million for the IHBG Competitive Grant Program in FY2021. The maximum grant amount of $5,000,000, and a minimum grant amount of $500,000.

Additionally, Section VI.A. of the FY2020 IHBG Competitive NOFO provided that "if HUD commits and error that when corrected would cause selection of am application during the funding round of a Program NOFO, HUD may select that applicant for funding, subject to the availability of funds." Pursuant to this authority, HUD awarded amounts appropriated in FY2021 to an applicant under the FY2020 IHBG Competitive NOFO due to a HUD error. Accordingly, HUD is making $95,000,000 available under this NOFO.

If an applicant requests more than the maximum applicable grant amount under this NOFO, then the 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).

B. Number of Awards.

HUD expects to make approximately 20 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:

$ 95,000,000 Minimum Award Amount:

$ 500,000 Per Project Period

Maximum Award Amount:

$ 5,000,000 Per Project Period

D. Period of Performance The period of performance and planned drawdowns for any grant awarded under this NOFO must be 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.

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.

Estimated Project Start Date:

03/17/2022 Estimated Project End Date:

03/17/2027 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 are eligible:

Indian Tribes (as defined under section 4(13) of NAHASDA) and; Tribally Designated Housing Entity (TDHE) (as defined under 4(22) of NAHASDA) who 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. Such application will not be evaluated.

Subawards: Eligible applicants may subaward 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 2021 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 Entities (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, but applicants are encouraged to leverage other Federal (including IHBG formula funds) and non-Federal sources. HUD will award maximum points for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Rating Factor 4 of this NOFO). All leveraging must be secured and used by the end of the grant term. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be required to show evidence that leveraging resources were actually received and used for their intended purposes through quarterly Federal Financial Reports (SF-425) as the project proceeds.

D. Threshold Eligibility Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Dismissal of charges.

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

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

Additionally, if an applicant proposes multiple projects, HUD will evaluate all projects covered in the application together and will not separately score each project proposed.

An Indian tribe that authorizes a TDHE to apply on its behalf may not also submit its own application for funding. Such application will not be evaluated.

4. Grant Ceiling

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

5. Rating Factors Thresholds

Applicants must receive a minimum combined score of 35 points for Rating Factor 1-Capacity of the Applicant and Rating Factor 2-Need, and a minimum of 820 points for Rating Factor 3- Soundness of Approach. Applicants who do not meet the minimum score for each of these rating factors and an overall score of 75 points (without the addition of Preference Points) will be ineligible to receive a grant under this competition.

6. Workplan Narrative The Workplan Narrative is the response to all five rating factors listed in Section V of this NOFO and encompasses the proposed IHBG Competitive project(s). HUD will not review applications with Workplan Narratives that do not comply with the following requirements:

1. Maximum 30 pages (excluding supporting attachments and required forms);

2. Double-Spaced;

3. Letter-sized paper, 8-1/2 x 11 inches;

4. Times New Roman 12-point font; and

5. At least 1-inch margins on all sides.

6. Footnotes may follow standard footnote format of 10-point font and single-spaced

7. Tables may be single-spaced

E. Statutory and Regulatory Requirements Affecting Eligibility.

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

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments and/or Suspensions Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement Prohibition Against Lobbying Activities Equal Participation of Faith-Based Organizations in HUD Programs and Activities https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps

F. Program-Specific Requirements.

Applicants awarded a grant under this NOFO are required to comply with all laws, regulations, and program requirements, including IHBG program regulations at 24 CFR part 1000.

Compliance with Fair Housing and Civil Rights Laws. Nondiscrimination requirements are outlined in 24 CFR 1000.12. Actions under NAHASDA by Federally recognized Indian tribes and their instrumentalities are subject to the requirements of Title II of the Civil Rights Act of 1968, known as the Indian Civil Rights Act, in addition to the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, and HUD's Equal Access requirements (24 CRF 5.105(a)(2). Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), including the obligation to Affirmatively Further Fair Housing apply to recipients that are not Federally recognized Indian tribes and their instrumentalities.

G. Criteria for Beneficiaries.

The beneficiaries of funds awarded under the IHBG Competitive program are families that meet the criteria of NAHASDA and 24 CFR 1000.104.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

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

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

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS Number is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written mailed, shipped, or emailed request at least 15 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact:

Name:

Director-Grants Mgmt Email:

IHBGCompetitiveProgram@hud.gov HUD Organization:

PIH-ONAP

Street:

451 7th Street SW, Rm. 4108 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410

Notwithstanding the 15-day deadline referenced in Section IV.A. of this NOFO, applicants for the IHBG Competitive Grant Program may submit a waiver request from the electronic submission requirement up to 7 business days prior to the application deadline date. Applicants should send waiver requests to the contact listed above, with a copy to their respective ONAP Area Office.

B. Content and Form of Application Submission.

You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package.

Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements.

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

Application for Federal Assistance

(SF424)

Submission is required for all applicants by the application due date.

Disclosure of Lobbying Activities (SFLLL), if applicable

HUD will provide instructions to grantees on how the form is to be submitted.

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United

Forms/Assurances/Certifications Submission Requirement Notes/Description

States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award.

HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient Disclosure/Update Report

HUD will provide instructions to grantees on how the form is to be submitted.

HUD instructions to grantees are provided by webcast, To view the webcast, click here.

Cost Summary (HUD-53246)

Submission is required for all applicants by the application due date.

For detailed instructions, see Section IV.B.2-Content and Form of Application Submission

Implementation Schedule (HUD- 53247)

Submission is required for all applicants by the application due date.

For detailed instructions, see Section IV.B.2.-Content and Form of Application Submission

Certification for Opportunity Zone Preference Points (HUD-2996)

Submission is required for applicants requesting consideration for Preference Points

For detailed instructions, see Section IV.B.2.-Content and Form of Application Submission

Certification of Consistency with Promise Zone Goals and Implementation (HUD-510513)

Submission is required for applicants requesting

For detailed instructions, see Section IV.B.2.-Content and Form of Application Submission http://media.gss.hud.gov:8080/WC/2011/02/11/HUDForm2880.wmv

Forms/Assurances/Certifications Submission Requirement Notes/Description consideration for Preference Points

Tribal Area PCI Resource document

A resource document that pertains to Rating Factor 4

Additionally, your complete application must include the following narratives and non-form attachments.

See required application components listed in Section IV.B.2. See below for a list of required content.

2. Format and Form.

Narratives and other attachments to your application must follow the following format guidelines.

150 Pages maximum length of narratives

Double spaced 12-point (minimum) Times Roman font on letter sized paper (8 1/2 x 11 inches) with at least 1-inch margins on all sides

Submissions for All Projects: The following information must be submitted by applicants for all types of IHBG Competitive projects. Unless otherwise noted as a curable deficiency as defined in Section I.A.3.-Definitions, if information under this section is not submitted with the application or is submitted incorrectly, then the application will be disqualified and not evaluated. Submitted incorrectly includes documents or forms that are blank, forms for other competitive grant programs (e.g., Indian Community Development Block Grant), or that have file extensions that are incompatible with Grants.gov. Do not submit third-party documents, such as audits, general letters of support, or policies, unless specifically asked to do so. Unsolicited information will not be used when rating the applications.

a) Application for Federal Assistance (SF-424):

The SF-424 must include the information listed below. HUD may require successful applicants to update errors on the SF-424 based on the pre-award requirement process outlined in this NOFO. Line 18a (Federal) must list the amount requested under this IHBG Competitive Grant only. Other federal funding should not be listed.

1. Key Contact (Block 8f): List the contact information of the applicant’s proposed IHBG Competitive Grant Program manager. Do not list a non-employee of the applicant, such as a contractor/consultant grant writer.

2. Catalog of Federal Domestic Assistance Number (Block 11): 14.867

3. Proposed Project Dates (Blocks 17a-b): The estimated period of performance start and end dates for projects awarded under this NOFO is 4/1/2022-3/31/2027. Applicants may request a shorter period of performance based on the project that is being proposed for

IHBG Competitive funding. Projects considered under this NOFO cannot exceed a 5-year period of performance.

4. Estimated Funding (Blocks 18a-g):

a. Line 18a (Federal) must list the amount requested under this IHBG Competitive grant only. This must not include any proposed federal funding used as leveraged funds.

b. Lines 18b-18f must list any proposed leveraged funds. Any federal funds proposed as leverage (e.g., IHBG formula) should be listed in line 18e, “Other.”

c. Line 18g: Overall total from 18a-18g.

5. Authorized Representative (Block 21): Include the applicant’s authorized representative contact information (e.g., Tribal Chief, TDHE Executive Director, etc.). This should not be the same person listed as the Key Contact in Block 8f.

b) Applicant/Recipient Disclosure/Update Report (form HUD-2880, Curable deficiency)

c) Implementation Schedule (form HUD-53247) for implementing the project. The dates listed on the Implementation Schedule must match the dates proposed on the SF-424, Blocks 17a-b.

For applications proposing multiple projects, applicant may choose to submit a separate Implementation Schedule for each project. HUD may require successful applicants to update errors on the Implementation Schedule based on the pre-award requirement process outlined in this NOFO.

d) Cost Summary (form HUD-53246) providing cost information including specific activity costs, administration, planning, and total resources that will be committed to the project, including resources from both Federal and non-Federal sources. For applications proposing multiple projects, applicant may choose to submit a separate Cost Summary form for each project. HUD may require successful applicants to update errors on the Cost Summary form based on the pre-award requirement process outlined in this NOFO. The Cost Summary totals must match the information provided on the SF-424 and Budget Narrative and be completed as follows:

1. Planned NAHBG Expenditures (Column b): List the amount requested under this IHBG Competitive grant only and this must match requested amount listed in Line 18a of the SF-424. This must not include any proposed federal funding used as leveraged funds.

2. Planned Other Federal Funds Expenditures (Column c): List any proposed federal funds used as leverage (e.g., IHBG formula funds)

3. Planned Non-Federal Funds Expenditures (Column d): List any proposed non-federal funds used as leverage. Note: The totals for Columns c and d must match the total leveraged funds proposed in lines 18b-18f of the SF-424.

4. Administration (Line 5a-c): List any proposed funds towards administration and planning expenses in this section and must match the Budget Narrative. Any funds proposed towards Indirect Costs must be included in line 5b of the Cost Summary.

5. Grand Total (Line 7): The total must match the overall total in line 18g of the SF-424.

e) One-Page Proposal Summary (Curable deficiency): The applicant must include a one-page summary of the proposed project(s), including which affordable housing activities it will implement under NAHASDA Sec. 202 and 24 CFR 1000 Subpart B. The summary must also include key outcomes the applicant will achieve (e.g., number of units constructed, rehabbed, number families targeted, etc.), should it be awarded an IHBG Competitive Grant. If the applicant is a TDHE applying on behalf of multiple tribes, then the TDHE must identify those tribes in its summary. HUD will not consider any information in the summary when rating applications and may require successful applicants to update the summary based on the pre-award requirement process outlined in this NOFO.

f) Workplan Narrative: The Workplan Narrative is the response to all five rating factors listed in Section V of this NOFO and encompass the proposed IHBG Competitive project(s). As stated in Section III.D.-Threshold Eligibility Requirements, HUD will not review applications with Workplan Narratives that do not comply with the following requirements:

1. Maximum 30 pages (excluding supporting attachments and required forms);

2. Double-Spaced;

3. Letter-sized paper, 8-1/2 x 11 inches;

4. Times New Roman 12-point font; and

5. At least 1-inch margins on all sides

6. Footnotes may follow standard footnote format of 10-point font and single-spaced

7. Tables may be single-spaced

g) Workplan Narrative Supporting Attachments:

Applicants may provide attachments to support the Workplan Narrative. Material provided in the attachments must support the rating factors information and will not be used in lieu of information provided in response to the rating factor criteria. Applicants are strongly urged to submit only information that is required and/or requested in the NOFO or relevant to a specific narrative response. The supporting attachments must not exceed 150 pages; supporting attachments submitted beyond the first 150 pages will not be reviewed. Label each page of each attachment with a page number and with a reference to the applicable Rating Factors and Subfactors in the NOFO.

h) Budget Narrative: The application must include a Budget Narrative separate from the Workplan Narrative that shows a breakdown for each budget line, including all sources and uses of funding for the proposed project(s). This Budget Narrative must match the figures on the SF- 424 (Blocks 18a-g) and Cost Summary (HUD-53246). The applicant may also choose to submit this in the format of its own choosing (e.g., Word table attachment, Excel spreadsheet, etc.). The narrative must provide details on eligible activities and all planning and administrative costs (including indirect costs). For applications proposing multiple projects, applicant may choose to submit a separate Budget Narrative for each project.