ICDBG-NOFO_FR-6800-N-23.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-6800-N-23

07/15/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

B. Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Public and Indian Housing

Funding Opportunity Title:

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

FR-6800-N-23

Assistance Listing Number:

14.862 Due Date for Applications:

07/15/2024

OVERVIEW

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

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

1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants who have applied for assistance.

For further information regarding this NOFO, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. §§ 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a valid OMB control number. This NOFO identifies the applicable OMB control number, unless the collection of information is excluded from these requirements under 5 CFR Part 1320.

OMB Control Number(s):

2577-0191

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The purpose and goal 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 of low and moderate income. See the ICDBG regulation at 24 CFR 1003.2. The Assistance https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

Listings Number (14.862) can be used via SAM.gov to view additional information about the ICDBG program.

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

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

You do not have to apply for an Imminent Threat grant by the deadline established in this NOFO. Imminent Threat grant funds are awarded on a noncompetitive, first-come, first-served basis until the $5,000,000 amount set aside for this purpose is exhausted. 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.

2. HUD and Program-Specific Goals and Objectives

HUD’s Strategic Plan sets the direction and focus of our programs and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all. This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals and several objectives undergird the Plan; however the following goals are applicable to this NOFO.

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

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

Applicable Goals and Objectives from HUD’s Strategic Plan 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

If funded, grantees will have to submit information regarding the estimated number of (1) permanent and (2) temporary jobs that are created each year in whole or in part with ICDBG funds in the annual ASER report. The ASER is due 45 days after the end of the federal fiscal year and at the time of grant close-out to your Area ONAP. Please follow the requirements in Section VI.C.4.b. of this NOFO.

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

Section I.4. Program Descriptions

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

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

o Added definition of Planning and Administration.

o Removed definition of Youth.

o Removed definition of Current Applicant/ Current ICDBG Grantee.

Section I.B. Authority

• Updated this section and related sections to indicate that Congress has not yet appropriated fiscal year 2024 funds for this program and will be contingent on future congressional action.

Section II. A. Available Funds

• In response to Tribal Consultation feedback calling for improved clarity, made minor edits throughout to improve readability.

Section II. B. Number of Awards

• Lowered the expected number of awards to 70 based on previous year’s award totals.

Section II. D. Period of Performance

In response to Tribal Consultation feedback calling for improved clarity:

• Added dates to indicate the time period these funds are available.

• Updated period of performance dates to reflect 8/5/2024 to 8/5/2029.

• Added clarification that extensions to period of performance end dates are possible in accordance with ICDBG program policy.

Section III. Eligibility Information

• Clarified requirements for submission of a narrative response to Advancing Racial Equity.

• Clarified requirements for submission of a narrative response to Experience Promoting Racial Equity.

Section IV. Application and Submission Information

• Added instructions for completing the Application for Federal Assistance (SF-424) form.

• Removed language stating that HUD would not consider information in the one-page proposal summary when rating applications.

• Moved and clarified instructions about completing the HUD-4125 and HUD-4123.

• Renamed “Budget Narrative” to “Budget Detail.”

• Specified that “current” when referring to required tribal resolutions means “within 12 months prior to the application deadline date.”

• In response to feedback received in tribal consultation, removed the page limit and formatting requirements for the workplan narrative.

• Clarified that the threshold requirements for housing rehabilitation projects involving homeownership apply to both privately-owned housing and housing owned and operated by a TDHE.

• In response to feedback received in tribal consultation, changed the threshold requirement for infrastructure projects to allow five years, rather than three, for the future housing or community development project to be completed.

• Indicated that corrections of curable deficiencies must be emailed to the Area ONAP as well as applicationsupport@hud.gov.

Section V.A. Review Criteria Rating Factors:

▪ Rating Factor Chart o Factor 1 Capacity of the Applicant

▪ Renamed 1.3 from “Audit Findings” to “Findings.”

▪ Removed Procurement and Contract Management subfactor (previously

1.4) and reallocated points to other subfactors.

▪ Replaced “Disbursements” subfactor with subfactors assessing progress of

Pandemic Relief and Imminent Threat Grants (1.4), and Competitive Grants (1.5).

▪ Increased points in 1.7 Close-outs from 2 to 3 points.

▪ Rating Factor 2 Need/Extent of the Problem

▪ Reduced total possible points from 29 to 23.

▪ Removed “Project Connection to Tribal Youth” subfactor.

▪ Reduced possible points from 7 to 5 in 2.4 New/Unfunded Applicants.

▪ Rating Factor 3 Soundness of Approach o Increased total possible points from 29 to 38.

o Subfactor 3.3 Project Implementation Schedule: Increased possible points from 4 to 8.

o Subfactor 3.4 Commitment to Sustain Projects: Increased possible points from 5 to 10.

▪ Rating Factor 4 Leveraging Resource o Reduced leverage percentages and maximum points from 6 to 3. Added clarifying language to indicate how HUD will address a reduction in leverage after grant award.

• Rating Factors and Subfactors were revised in response to tribal consultation feedback to increase clarity and in some cases, add additional flexibility for applicants, as follows.

o Subfactor 1.1 Managerial and Technical Staff: clarifications to descriptive language in the introduction. Specified that applicants can list contractors or mailto:applicationsupport@hud.gov organizations as key staff, as well as individuals. Noted that known capacity gaps not addressed in the narrative will result in adjustments to scores, as permitted by this NOFO. Adjusted the criteria to indicate that key staff experience must be relevant in order to receive points.

o Subfactor 1.2 Audit Submission: made clarifying edits to the descriptive language in the lead-in paragraph and rating tier points. Added a requirement that no past audits may be overdue as of the application deadline. Removed the provision allowing for delays due to COVID-19. Added a provision allowing for extensions provided by the FAC.

o Subfactor 1.3 Findings: made clarifying edits to the descriptive language in the lead-in paragraph and rating tier points. Added HUD-ONAP monitoring findings and repeat findings to the rating criteria. Removed requirement for an unmodified opinion. Added requirement that both of the two most recent audits must be submitted.

o Subfactor 1.4 Progress of Pandemic Relief and Imminent Threat Grants: this is a new subfactor.

o Subfactor 1.5 Progress of Competitive Grants: this is a new subfactor.

o Subfactor 1.6 Timely Reporting: made clarifying edits to the descriptive language in the lead-in paragraph. Increased points from 2 to 3. Removed the option to receive 1 point.

o Subfactor 1.7 Close-outs: clarified that this subfactor examines ICDBG single purpose and IT grants.

o Subfactor 2.2.a. Public Facilities and Infrastructure Projects: corrected the regulatory citation for limited clientele projects.

o Subfactor 2.2.c. housing projects: added additional point categories. Adjusted the dollar ranges to better reflect changes to Needs Table data due to recent increased IHBG allocations.

o Subfactor 2.3 - New and Unfunded Applicants: reduced points from 7 to 5 and added a 3-point category.

o Subfactor 3.2 – Budget: edits in the lead-in paragraph and point criteria made for clarity.

o Subfactor 3.3 – Project Implementation Schedule: added descriptive language in lead-in paragraph and rating tier points. Added a requirement that applicants complete milestone(s) for full points.

o Subfactor 3.4.a. Public Facilities and Infrastructure Projects: added clarification about letters of commitment to lead-in paragraph.

o Factor 4 - Leveraging Resources: reduced leverage percentages and maximum points from 6 to 3. Added clarifying language to indicate how HUD will address a reduction in leverage after grant award.

Section V.B.

• Added additional factors for resolving a tie.

Section V.B.3.g. Technical Deficiencies and Pre-Award Requirements

• Information added regarding HUD’s options to verify HUD records prior to making awards.

Section VI. Award Administration Information- C.4. ICDBG Post-Award Reporting Requirements:

• Revised submission dates for annual SF-425 reporting from 30 to 90 days, to reflect changes in ONAP reporting requirements. Added additional detail describing how to complete the Annual Status and Evaluation Report.

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

4. Definitions

a. Standard Definitions

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

The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development.

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

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

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

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

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

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

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

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

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

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

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

A Curable Deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must:

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

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

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

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

E-Business Point of Contact (E-Biz POC) is an individual associated with the applicant organization who is responsible for the administration and management of award activities for the applicant organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

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

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

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

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

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

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

(1)

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

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

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

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

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

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

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

https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200

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

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

Promise Zones (PZs) are high poverty areas in select urban, rural and tribal communities designated from 2014-2016 where the Federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community.

See Promise Zones.

Racial Equity is the elimination of racial disparities and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons.

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

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

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

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

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

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

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic https://www.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

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

b. Program Definitions.

The following definitions apply to the ICDBG program. Other applicable program definitions can be found at 24 CFR 1003.4.

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

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

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.

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

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 - The general rule is that any activity that is not authorized under the provisions of 24 CFR 1003.201 through 1003.206 is ineligible to be assisted with ICDBG funds.

A list of activities that have been explicitly identified as ineligible can be found at 24 CFR

1003.207. Link to 24 CFR 1003.207 - Ineligible activities.

Key Staff – Key Staff are determined by the applicant. Key Staff means experienced, professional and/or technical personnel who will have major responsibilities under the contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

Low- and Moderate-Income (LMI) beneficiary - As defined in 24 CFR 1003.4, LMI beneficiary means a family, household, or individual whose income does not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger households or families. However, HUD may establish income ceilings higher or lower than 80 percent of the median for the area based on HUD's findings that such variations are necessary because of unusually high or low household or family incomes. In reporting income https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.413 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-1003/subpart-C/section-1003.207 levels to HUD, the applicant must include and identify the distributions of tribal or village income to families, households, or individuals.

Planning and Administration expenses are ICDBG-eligible administrative expenses, as defined 24 CFR 1003.205 and 24 CFR 1003.206 for the proposed ICDBG Project. They include but are not limited to costs of overall project management including administration of the grant, coordination of grant monitoring and evaluation, and preparation of grant reports. Please see Section IV.F for more information about planning and administration expenses.

Rating Period - Unless otherwise specified, the term "Rating Period" is the one-year period immediately preceding 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 way 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).

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 program regulations in 24 CFR part 1003. Funding is provided by the Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $75,000,000 is available through this NOFO.

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

In the 2024 Appropriations Act, ONAP was appropriated a total of $75,000,000 for ICDBG Single Purpose grants. Additional funds for Single Purpose grants may become available for award under this NOFO, because of HUD's efforts to use carryover funds.

In accordance with the 2024 Appropriations Act, HUD is setting aside funding of up to $5,000,000 to be used for emergencies that constitute imminent threats to health and safety. HUD may award these noncompetitive funds in accordance with 24 CFR part 1003 subpart E-Imminent Threat Grants and ONAP Program Guidance 2018-04, “Imminent Threat Grants.”

Applications that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in descending rank order based on the score received on the application submitted under this NOFO. HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded or if additional requirements apply to future funds, consistent with VI.A.2.d.).

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

Accordingly, the allocations for FY 2024 grants are as follows:

Area ONAP Office Total Area ONAP Allocations Alaska $9,309,973 Eastern Woodlands $5,305,767

Northern Plains $10,714,906

Northwest $3,582,373 Southern Plains $17,335,580 Southwest $23,751,401

2. Grant Ceilings.

Applications may include more than one project, but the entire grant may not exceed the limits listed below for your region.

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

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

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

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 the above table for Section II.2. Tribal organizations applying on behalf of multiple tribes may combine ceiling amounts for a project if the project will benefit the members of all such respective tribes. Several tribes may submit individual applications for one combined activity if the project will benefit the members of all such respective tribes.

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

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

B. Number of Awards HUD expects to make approximately 70 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:

$75,000,000 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 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. An extension to the period of performance may be requested in accordance with ICDBG program policy. Requests for extension should be submitted prior to the period of performance end date.

*For infrastructure projects to support future housing (Section IV.B.1.l.), the period of performance proposed in the application cannot exceed 5 years.

This NOFO refers to a project period (period of performance), which is the same period as the budget period for purposes of the FY 2024 ICDBG awards.

Estimated Project Start Date:

11/13/2024 Estimated Project End Date:

11/13/2029 Length of Project Periods:

Other

Length of Periods Explanation of Other:

Project periods awarded under this NOFO will be limited to 5 years. After award, requests for extensions may be made and will be considered on a case-by-case basis as described above.

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 07 (Native American tribal governments (Federally recognized))

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

Additional Information on Eligibility An applicant must be eligible as an Indian tribe (or as a tribal organization), as required by 24 CFR 1003.5, by the application submission 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” (88 Fed. Reg. 2112, January 12, 2023,https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00504.pdf).

Tribal Organizations: Tribal organizations which are eligible under Title I of the Indian Self- Determination and Education Assistance Act may apply on behalf of any Indian tribe, band, group, nation, or Alaska Native village eligible under that act for funds under this NOFO when one or more of these entities have authorized the tribal organization to do so through concurring resolutions. Such resolutions must accompany the application for funding. Eligible tribal organizations under Title I of the Indian Self-Determination and Education Assistance Act will be determined by the Bureau of Indian Affairs or the Indian Health Service, as appropriate.

To document eligibility determinations, the Bureau of Indian Affairs (BIA) or the Indian Health Service (IHS), must provide a letter that states that the tribal organization is eligible under Title I of the Indian Self Determination and Education Assistance Act. A copy of this letter must be included in your application submission, unless your organization has already provided such a letter in previous years approved by HUD and the status of your tribal organization has not changed. HUD will not review an application submitted by a tribal organization on behalf of a specific tribe if the tribe itself applies for the same funding round.

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

https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00504.pdf

C. Cost Sharing or Matching This Program does not require cost sharing or matching, but provides points based on leverage, as described below.

Applicants are encouraged to leverage other Federal (including IHBG formula funds) and non- Federal sources. HUD will award maximum points under Rating Factor 4 for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Rating Factor 4 of this NOFO). All leveraging must be secured and used by the end of the period of performance. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be required to show evidence that leveraging resources were actually received and used for their intended purposes through yearly 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 are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

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

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

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

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter. Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

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

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

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

(4) Current compliance with a consent order or consent decree;

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

3. 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. of this NOFO for guidance.

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

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

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

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

of this NOFO.

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

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

E. Statutory and Regulatory Requirements Affecting Eligibility Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Competitive Programs” document on HUD’s Funding Opportunities page.