FY21 Community Development Block Grant.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

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

FR-6500-N-23

10/25/2021

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:

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

FR-6500-N-23

Primary CFDA Number:

14.862 Due Date for Applications:

10/25/2021 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):

2577-0191

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

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

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

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

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

Separately, in the CARES ACT and the American Rescue Plan Act of 2021, Congress provided supplemental funding for ICDBG Imminent Threat grants to Indian tribes to prevent, prepare for, and respond to the COVID-19 National Emergency. Generally, the regular Imminent Threat funding references in this NOFO will be made available to help Tribes address emergencies that are unrelated to the COVID-19 National Emergency. However, HUD reserves the right to award this funding for COVID-19-related emergencies, subject to program demand, changed circumstances on the ground, and other factors at HUD’s discretion.

2. Changes from Previous NOFO.

Section I.A.-Purpose A hyperlink provides the Imminent Threat Program guidance.

Section II.A.-Available Funds The available funds for the FY21 NOFO was updated to $76,555,025. This NOFO covers one fiscal year, whereas the previous NOFO covered two fiscal years. An explanation was included of how the amount was calculated. The availability of up to $4,000,000 in noncompetitive funding for ICDBG Imminent Threat grants. The Area ONAP allocations and grant ceilings have been updated accordingly.

Section II.B.-Number of Awards Updated the number of expected awards to 80.

Section II.C.-Minimum/Maximum Award Information Some area ONAP ceilings were adjusted to reflect regional conditions.

Section II.D.-Period of Performance The period of performance for projects considered under this NOFO is set at a maximum of 5 years. Applicants may request a shorter period of performance based on the project(s) proposed https://www.hud.gov/sites/dfiles/PIH/documents/PG18SEP27PNPG1011F.pdf https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=c6f342efd9264c538540adcca206eeb2&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=c6f342efd9264c538540adcca206eeb2&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART for ICDBG funding. The budget period will be the same as the period of performance.

Section III.C.-Cost Sharing or Matching Added the following language regarding leveraging: “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 the statutory authorities governing the other Federal source. 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.”

Section III.D.-Threshold Eligibility Requirements

Threshold #3-Grant Ceiling: Added language clarifying that if an applicant requests more than the maximum Area ONAP grant ceiling amount applicable under this NOFO, then the application will not be reviewed.

Threshold #4-Rating Factor Thresholds: Added language specifying that applicants must receive a minimum score of 17 points for Rating Factor 1-Capacity of the Applicant and an overall score of 70 points (without the addition of Preference Points) to be eligible for an award under this competition.

Section IV.A.-Obtaining an Application Package-Instructions for Applicants Updated Area Office contact information chart

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

Submissions for All Projects Instructions: Added examples of what ONAP will consider as “submitted incorrectly” under this NOFO.

“Narrative addressing the five rating factors in Section V.A.” language was divided into the following submission requirements: e) One-Page Proposal Summary (Curable deficiency) and f) Workplan Narrative.

Added instructions on how to complete the following submission items. HUD also may require successful applicants to update errors on these forms based on the pre-award requirement process outlined in this NOFO:

a) Application for Federal Assistance (SF-424)

b) Implementation Schedule (HUD-4125)

c) Cost Summary (HUD-4123)

Budget Narrative: This is a new submission item. Applicants 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).

Acknowledgement of Application Receipt (HUD-2993): This is now a curable deficiency.

Firm Commitment Documentation: This submission item replaces “Resolution on Tribal Funds Committed.” Applicants proposing leveraging must submit the appropriate firm commitment documentation as explained in Rating Factor 4 of this NOFO.

“Public Services” submission requirement from the FY19/20 competition was moved to Section IV.F.-Funding Restrictions.

Indirect Cost Rate Agreement: Added instructions on what to submit if requesting indirect costs.

Submission Requirements for Preference Points: Added Preference Point forms to the list of application materials. Applicants may qualify for either Opportunity Zone Preference Points or Promise Zones Preference Points, not both.

Certification for Opportunity Zone Preference Points (HUD-2996): This is a new submission item. Applicants will be required to complete and submit this form along with the SF-424 in order to be eligible for Opportunity Zone preference points.

Certification of Consistency with Promise Zone Goals and Implementation (HUD- 50153): Added to the list of submission items. To receive Promise Zones Preference Points, applicants must submit form HUD-50153, "Certification of Consistency with Promise Zone Goals and Implementation," signed by the Promise Zone Official authorized to certify that the project meets the criteria to receive preference points.

Section IV.F.-Funding Restrictions Added the following content to this section:

Eligible activities: Projects funded under this NOFO are limited to eligible activities consistent with 24 CFR part 1003 subpart C.

Program administration costs: No more than 20 percent of the sum of any grant plus program income received shall be expended for activities described in 24 CFR 1003.206 and in 24 CFR 1003.205.

Pre-award costs: With the exception of proposal costs incurred to prepare an application for submission under this NOFO and the value of land acquisition used towards an applicant's leveraging contribution as discussed in Rating Factor 4, all costs, including leveraging resources, must be incurred within the period of performance dates established in the ICDBG grant agreement.

Consultant Cap: In accordance with 24 CFR 1003.501, ICDBG funds may not be used, directly or indirectly, to pay or provide reimbursement for payment of compensation to a consultant in an employer-employee type of relationship at more than the daily equivalent of the rate paid for the Level IV of the Executive Schedule (2021 rate: $82.65/hr, $661.24/day).

Public Services: An applicant may not receive a Single Purpose grant solely to fund public service activities. However, an application may contain a public service component for up to 15 percent of the total grant. In addition, the public service(s) may be unrelated to the other project(s) in the application. If an application does not receive full funding, HUD will reduce the public service allocation so that it comprises no more than 15 percent of the total grant award. A complete description of public service projects can be found at 24 CFR 1003.201(e).

Section V.A.-Review Criteria Rating Factor Changes:

Minimum total points decreased to 70 without the addition of Preference Points.

The language for new and current was removed such that all subfactors apply to all applicants.

Rating Factor 1 o Subfactors 1.3, 1.7, and 1.9 were changed to include all ONAP programs o Added language to the Rating Factor chart specifying that applicants must receive a minimum score of 17 points for Rating Factor 1-Capacity of the Applicant.

o Subfactor 1.1. Managerial and Technical Staff was changed from Subfactor 1.1.a for clarity. The 8-point requirement to describe the roles/responsibilities and knowledge/experience of key staff was changed from "most" to "each".

o Subfactor 1.2. Audit Submission was changed from Subfactor 1.1.b for clarity.

The maximum points allowed was decreased to 4. Language was added to address submission delays caused by COVID-19.

o Subfactor 1.3. The word Findings was added to the subfactor title and was changed from Subfactor 1.1.c for clarity.

o Subfactor 1.4. Procurement and Contract Management was changed from Subfactor 1.1.d for clarity. The maximum points allowed was decreased to 4.

o Subfactor 1.5. Program Performance Going Forward was added to Rating Factor 1 that requires a detailed explanation of applicants are affected by COVID-19.

o Subfactor 1.6. Disbursements subfactor has higher percentages than last year.

Rating Factor 2 o Subfactor 2.3. Connection to Tribal Youth. Added a second option to earn points by addressing pandemic-related issues of social isolation and hunger among youth as a public service activity.

o Subfactor 2.4. New/Unfunded Applicants (New Applicants Only). Decreased the maximum points allowed to 5.

Rating Factor 3 o Subfactor 3.1. Description of and Rationale for Proposed Project section the 10-point requirement to “Describe how you will train and/or employ Section 3 residents or contract with Section 3 businesses to provide other economic opportunities in accordance with Section VI.B.1. of this NOFO” was removed.

o Subfactor 3.4. Commitment to Sustain Activities. Decreased the maximum points allowed for Rating Factor 3 to 5.

o Subfactor 3.2. Budget: Added language specifying that HUD will evaluate whether the budget is thoroughly prepared, mathematically correct, and that all costs including leveraging are eligible under ICDBG, allowable, allocable, reasonable, and necessary for implementing the proposed project and activities.

Additionally, the budget on the SF-424, Cost Summary, Budget Narrative, and supporting documentation must be consistent.

Rating Factor 4 o Updated language to address acceptable pre-award leveraging resources (value of land acquisition and proposal costs). Otherwise, all other leveraged resources must be incurred within the Period of Performance of the award.

o Added “Federal Resources” and “Loans” categories to the firm commitment chart.

Specified that land that has previously been used as leverage towards other ONAP competitions may not be proposed as leveraging for this NOFO.

o Added that if the applicant does not provide HUD with evidence of the firm commitment from the original leverage source or an alternative source within six months of the date of grant approval, or if anticipated leverage is not provided, HUD will re-rate and re-rank the application with the updated leverage information. If the application no longer meets the threshold point requirements after re-rating and re-ranking the application, HUD will rescind the grant and recapture grant funds.

o Provided a more detailed example of how HUD will calculate the percentage of leveraged resources for this Rating Factor.

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 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.

https://www.ecfr.gov/cgi-bin/text-idx?SID=0ff5f0839abff4eec707b4478ed733c6&mc=true&node=pt13.1.121&rgn=div5&se13.1.121_1101 https://www.sam.gov/SAM/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. Authority.

The authority for this program is Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the program regulations in 24 CFR part 1003. HUD's authority for making funding available under this NOFO are the Consolidated Appropriations Act, 2021, (Public Law 116-260, approved December 27, 2020) (2021 Appropriations Act), the Further Consolidated Appropriations Act, 2020 (Public Law 116-94, approved December 20, 2019), the Consolidated Appropriations Act, 2019 (Public Law 116-6, approved February 15, 2019), and any other authorities that may make additional funds available for award under this NOFO at any time.

II. Award Information.

A. Available Funds Funding of approximately $ 76,555,025 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.

In the 2021 Appropriations Act, ONAP was appropriated a total of $70,000,000 for ICDBG Single Purpose and Imminent Threat grants.

In accordance with the 2021 Appropriations Act, HUD is setting aside funding of up to $4,000,000 to be used for emergencies that constitute imminent threats to health and safety.

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

With the remaining $66,000,000 from the 2021 Appropriations Act and remaining carryover from the FY19/20 competition, funding of $76,555,025 is available for Single Purpose Grants through this NOFO. Applications that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in descending rank order based on the score received on the application submitted under this NOFO.

HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=b5351f5f1baa3722bab32e058c72759e&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=b5351f5f1baa3722bab32e058c72759e&ty=HTML&h=L&mc=true&n=sp24.4.1003.e&r=SUBPART https://www.hud.gov/sites/dfiles/PIH/documents/PG18SEP27PNPG1011F.pdf ensure that all appropriated funds are awarded or if additional requirements apply to future funds).

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

The chart below provides the FY 2021 Area Allocations.

Area ONAP Office Total Area ONAP Allocations Alaska $9,458,215 Eastern Woodlands $6,030,948 Northern Plains $11,429,259 Northwest $3,834,751 Southern Plains $21,493,549 Southwest $24,308,303

2. Grant Ceilings.

This NOFO will award applications with primarily FY 2021 funding. Applications may include more than one project, but the entire grant may not exceed the limits listed below for your region.

Area ONAP Population Ceiling Alaska ALL $800,000 Eastern Woodlands ALL $700,000 Northern Plains ALL $1,200,000 Northwest ALL $750,000 Southern Plains ALL $1,000,000 Southwest 50,001+ $4,000,000 10,501-50,000 $2,000,000 7,501-10,500 $1,600,000 7,500 and below $800,000

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

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

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

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

Alaska $120,100 Eastern Woodlands up to $78,650 Northern Plains up to $78,650 Northwest up to $78,650 Southern Plains up to $78,650 Southwest up to $78,650

B. Number of Awards.

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

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

Estimated Total Funding:

$ 76,555,025 Minimum Award Amount:

$ 500,000 Per Project Period

Maximum Award Amount:

$ 4,000,000 Per Project Period

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

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

Applicants may request a shorter period of performance based on the project(s) that is being proposed for ICDBG funding.

This NOFO refers to a project period, which should be the same as the budget period for purposes of 2 CFR part 200.

Estimated Project Start Date:

01/19/2022 Estimated Project End Date:

01/19/2027 Length of Project Periods:

Other

Length of Periods Explanation of Other:

Projects awarded under this NOFO will be limited to 5 years.

E. Type of Funding Instrument.

Funding Instrument Type:

G (Grant) III. Eligibility Information.

A. Eligible Applicants.

07 (Native American tribal governments (Federally recognized))

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

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

Tribes: Eligible applicants are any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaska Native village of the United States which is considered an eligible recipient under Title I of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450) or which had been an eligible recipient under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221). Eligible recipients under the Indian Self- Determination and Education Assistance Act will be determined by the Bureau of Indian Affairs and eligible recipients under the State and Local Fiscal Assistance Act of 1972 are those that have been determined eligible by the Department of Treasury, Office of Revenue Sharing. For more information, see “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (85 FR 5462, January 30, 2020, https://www.federalregister.gov/documents/2020/01/30/2020-01707/indian-entities-recognized-https://www.federalregister.gov/documents/2020/01/30/2020-01707/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of%20 by-and-eligible-to-receive-services-from-the-united-states-bureau-of).

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

HUD will not review an application submitted by a tribal organization on behalf of a specific tribe if the tribe itself submits an application for the same funding round.

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

B. Ineligible Applicants.

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

C. Cost Sharing or Matching.

This Program does not require cost sharing or matching.

This Program does not require leveraging.

Cost sharing or matching is not required under this grant; but applicants are encouraged to leverage other Federal (including IHBG formula funds) and non-Federal sources. HUD will award maximum points under Rating Factor 4 for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Rating Factor 4 of this NOFO). All leveraging must be secured and used by the end of the period of performance. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be https://www.federalregister.gov/documents/2020/01/30/2020-01707/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of%20 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. Grant Ceiling If an applicant requests more than the maximum Area ONAP grant ceiling amount applicable under this NOFO , then the application will not be reviewed. Applicants must clearly document the amount requested under this NOFO on line 18a of the Application for Federal Assistance (SF-424). See Section IV.B.2.a. for guidance.

4. Rating Factor Thresholds Applicants must receive a minimum score of 17 points for Rating Factor 1-Capacity of the Applicant and an overall score of 70 points (without the addition of Preference Points) to be eligible to receive a grant under this competition.

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

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

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

c. Housing Rehabilitation projects: The requirements for this threshold are in Section IV.B.2 of this NOFO.

d. New Housing Construction projects: The requirements for this threshold are in Section IV.B.2 of this NOFO.

e. Economic Development projects: The requirements for this threshold are in Section IV.B.2.b. of this NOFO.

E. Statutory and Regulatory Requirements Affecting Eligibility.

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

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments 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

F. Program-Specific Requirements.

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

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

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

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

G. Criteria for Beneficiaries.

The ICDBG program must primarily benefit persons with low- and moderate income as defined in 24 CFR 1003.4.

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

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

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=se24.4.1003_1510&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=sp24.4.1003.c&rgn=div6 https://www.ecfr.gov/cgi-bin/text-idx?SID=dbb2071d45549cdcd777455f841955b6&mc=true&node=sp24.4.1003.c&rgn=div6

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:

ONAP Director Grants Email:

ONAP-ICDBG@hud.gov HUD Organization:

PIH-ONAP

Street:

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

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

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

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

For more information, please contact your Area Office:

Area

ONAP

Contact Info and Addresses

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

3000 C Street, Suite 401 Anchorage, AK 99503 mailto:Greg.M.Stuckey@hud.gov

Eastern Woodlands

(800) 735-3239

Elton.Jones@hud.gov

Mary.White@hud.gov

Ralph H. Metcalfe Federal Building 77 West Jackson Boulevard, Room 2404 Chicago, Illinois 60604-3507

Northern Plains

(303) 672-5465

Cus…