IHBG-Modified-NOFO_FR-6800-N-48.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Indian Housing Block Grant (IHBG) Competitive Grant Program

FR-6800-N-48

08/29/2024

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:

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

FR-6800-N-48

Assistance Listing Number:

14.867 Due Date for Applications:

08/29/2024

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):

2577-0218

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

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

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

In the Consolidated Appropriations Act, 2024 (Appropriation Act) (Public Law 118-42), approved March 9, 2024, Congress provided a total of $150,000,000 for competitive grants to eligible IHBG recipients authorized under NAHASDA in addition to formula-based funding.

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

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

https://www.huduser.gov/portal/publications/HNAIHousingNeeds.html

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

HUD will give priority to projects that spur construction and rehabilitation of housing, while considering housing need and the recipient's administrative capacity. HUD strongly encourages new affordable housing construction projects that will increase the number of housing units available for low-income Indian families and help address the housing shortage in Indian Country. Additionally, HUD encourages housing rehabilitation projects that will increase the useful life of existing affordable housing units and alleviate substandard housing conditions.

HUD also encourages the acquisition of existing housing units that increases housing stock and necessary affordable housing-related infrastructure projects that will enable future construction or rehabilitation.

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

All applications received through this NOFO that pass initial application screening and threshold review will be rated. Funds will be awarded in rank order based on the score received on the application submitted under this NOFO. HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded, https://www.huduser.gov/portal/publications/HNAIHousingNeeds.html consistent with Section VI.A.2.d.). Grantees must comply with the requirements of NAHASDA and 24 CFR part 1000.

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

2. HUD and Program-Specific Goals and Objectives

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 Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

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

2A: Increase the Supply of Housing Enhance HUD's programs that increase the production and supply of housing across the country.

The goals and objectives are to increase the affordable housing inventory supply for low-income Native American families.

Other Goals and Objectives

This funding opportunity seeks to increase affordable housing inventory for low-income Native American families by:

• Giving priority to projects that spur construction and rehabilitation, while considering need and administrative capacity.

• Encouraging new affordable housing construction projects

• Encouraging housing rehabilitation projects that will increase the useful life of existing affordable housing units and alleviate substandard housing conditions; and

• Encouraging the acquisition of existing housing units that will increase the housing stock and https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas necessary affordable housing-related infrastructure projects that will enable future construction or rehabilitation.

3. Changes from Previous NOFO

Section I.B Authority

• Updated this section to include the FY24 Appropriation citation.

Section II.A. Available Funds

• Revised grant ceiling categories for funding based on the population of tribes from FY 2024 IHBG Formula data. HUD will consider the higher population amount from either AIAN persons or tribal enrollment, based on formula data.

Section II.D. Period of Performance

• Updated Period of Performance dates to reflect 12/30/2024 to 12/28/2029.

Section IV.B. Content and Form of Application Submission

• Updated paragraph n) Indirect Cost Rate (Curable deficiency) to note the revised de minimis rate of up to 15% effective October 1, 2024.

Section IV.F Funding Restrictions

• Updated the Consultant Cap to the 2024 rate.

• Updated to note the revised de minimis rate of up to 15% effective October 1, 2024.

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

• Rating Factor 1 o Subfactor 1.2 - Progress of IHBG Formula Grant – HUD will now evaluate all funding for applicants that receive $750,000 or more in 2023 IHBG formula funding. Also, applicants that receive less than $750,000 in 2023 formula funding may earn maximum points for Subfactor 1.2 regardless of current IHBG balance.

• Rating Factor 2.

o Subfactor 2.1 Need for Funding – Formula Data: Updated the dollar ranges used for scoring to reflect the 40% increase in IHBG Formula Funding for 2024.

o Subfactor 2.4 – New and Previously Funded Applicants: Revised criteria of 3 points for applicants funded from the FY 2018/2019, FY 2020, and FY 2021 NOFO competitions. Revised criteria for 0 points for applicants funded from the FY 2022 and FY 2023 NOFO competitions.

• Rating Factor 3.

o Subfactor 3.1.a. - IHBG Competitive Priorities - New Housing Construction

Projects: Removed references to housing rehabilitation and moved that activity to appear at 3.1.b only.

o Subfactor 3.1.b. - IHBG Competitive Priorities - Housing Rehabilitation Projects:

Applicants proposing to use 100% of funding for Housing Rehabilitation projects and demonstrating income below the low-income 25th percentile threshold level according to the Tribal Area Per Capita Income (PCI) Resource List will be eligible to receive a maximum score of 10 points under Housing Rehabilitation.

V.B.2. Application Selection Process.

• Tiebreakers: Revised tiebreaker condition for Subfactor 1.2 Progress of IHBG Grant to include the highest number of points awarded.

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).

https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91

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.

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.

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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 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

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.

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.

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 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.hud.gov/program_offices/field_policy_mgt/fieldpolicymgtpz

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

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

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

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

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

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

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

B. Authority The IHBG program is authorized by the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.) with implementing regulations at 24 CFR part 1000. Funding for this program 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 $150,000,000 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.

HUD has established a maximum grant amount of $7,500,000 and a minimum grant amount of $500,000.

If your application requests more than the maximum applicable grant amount under this NOFO, then your application will not be reviewed. See Section III.D.4. Applicants must clearly document the amount requested under this NOFO on line 18a of the Application for Federal Assistance (SF-424). See Section IV.B.2.a. for guidance.

All applications received through this NOFO that pass the initial application screening and threshold requirements will be rated and ranked. Funds will be awarded in rank order based on the score received on the application submitted under this NOFO.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.413

HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded, consistent with Section VI.A.2.d.).

Grant Ceiling.

HUD has adopted grant ceiling categories for IHBG Competitive awards based on American Indian Alaska Native (AIAN) or Tribal enrollment of tribes, whichever is higher. Applicants should review their 2024 IHBG formula data. For purposes of the FY24 IHBG Competitive NOFO, HUD will use the AIAN or Tribal enrollment data, whichever is higher. For TDHE applicants, HUD will combine the highest FY 2024 AIAN or Tribal enrollment formula data numbers for each Tribe included in the proposed project to determine the ceiling for the grant award. You should contact your Area Office prior to submitting your application to confirm the AIAN or Tribal enrollment data that HUD will use to determine the ceiling.

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

Population Ceiling 50,001 + $7,500,000 10,501 – 50,000 $6,000,000 10,500 and below $5,000,000

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

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

C. Minimum/Maximum Award Information

Estimated Total Funding:

$150,000,000 Minimum Award Amount:

$500,000 Per Project Period

Maximum Award Amount:

$7,500,000 Per Project Period

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

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

Estimated Project Start Date:

12/30/2024 Estimated Project End Date:

12/28/2029 Length of Project Periods:

60-month project period and budget period

Length of Periods Explanation of Other:

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant)

III. ELIGIBILITY INFORMATION

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

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

Additional Information on Eligibility The following entities are eligible to apply:

• Indian Tribes (as defined under section 4(13) of NAHASDA).

• TDHEs (as defined under 4(22) of NAHASDA) that have ever been allocated formula funding.

Applications submitted by a TDHE on behalf of an Indian tribe(s) must include a tribal certification(s) or resolution(s) on official letterhead authorizing the TDHE to apply on behalf of the tribe(s). HUD will accept existing Indian Housing Plan (IHP) certifications that state that the tribe has delegated to the TDHE the authority to submit an IHP or application on behalf of the tribe without prior review by the tribe. The certification(s) or resolution(s) must be submitted with the application. See Section IV.B.3.l.

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

Alaska Tribes Only: Pursuant to the General Provisions in the annual appropriations Act, only Native Alaskan Indian Housing Block Grant recipients that received IHBG grants in Fiscal Year 2005 are eligible to apply directly for funding under this NOFO. Native Alaskan tribes that are required to designate a TDHE in Alaska for their IHBG formula program may not apply directly for funding under this competition. Native Alaskan tribes that choose to but are not required to designate a TDHE in Alaska for its IHBG formula program may apply for IHBG competitive funds directly.

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

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

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

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

1. Resolution of Civil Rights Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Dismissal of charges.

2. Timely Submission of Applications

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

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

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

Regardless of whether your application proposes one or multiple projects with funding under this NOFO, your application may not receive a grant that exceeds the applicable maximum grant amount set under this NOFO. If your application requests more than the maximum applicable grant amount under this NOFO (according to your AIAN or Enrollment), the application will not be reviewed. See Section III.D.4. Additionally, if your application proposes multiple projects, HUD will evaluate all projects covered in the application together and will not separately score each project proposed.

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

4. Maximum Grant Request

If your application requests more than the maximum applicable grant amount allowed based on your AIAN or Tribal Enrollment under this NOFO, then the application will not be reviewed.

Your application 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.

HUD has integrated grant ceiling categories for IHBG Competitive awards based on population of tribes awarded, which is based on the Formula data for AIAN or Tribal enrollment, whichever is higher. Applications may include more than one project, but the entire grant may not exceed the limits listed above for the population of your tribe. Please see Section II.A for guidance.

5. Rating Factors Thresholds

Your application must receive a minimum combined score of 35 points for Rating Factor 1- Capacity of the Applicant and Rating Factor 2-Need, and a minimum of 20 points for Rating Factor 3-Soundness of Approach. HUD will complete an initial screening of applicants and confirm data as laid out in V.B.2.k before determining whether the applicant meets the minimum scores required to meet threshold. Applicants who do not meet the minimum score for each of these rating factors and an overall score of 75 points (without the addition of Preference Points) will be ineligible to receive a grant under this competition.

6. Workplan Narrative

Your application must include a Workplan Narrative, which is the response to all four rating factors listed in Section V of this NOFO and encompasses the proposed IHBG Competitive project(s). There are no guidelines for your narratives relating to page limits or font. Failure to submit a Workplan Narrative will result in your application to be determined ineligible.

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. Applicants who fail to meet any of these eligibility requirements are deemed ineligible to receive HUD funding.

1. Universal Identifier and System for Award Management (SAM.gov) Requirements

2. Outstanding Delinquent Federal Debts

3. Debarments or Suspensions, or both

4. Mandatory Disclosure Requirement

5. Pre-selection Review of Performance

6. Sufficiency of Financial Management System

7. False Statements

8. Prohibition Against Lobbying Activities

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 2 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fy24eligibility https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fy24eligibility https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/appendix-Appendix%20A%20to%20Part%20170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110

F. Program-Specific Requirements Compliance with Fair Housing and Civil Rights Laws. Nondiscrimination requirements are outlined in 24 CFR 1000.12. Actions under NAHASDA by Federally recognized Indian tribes and their instrumentalities are subject to the requirements of Title II of the Civil Rights Act of 1968, known as the Indian Civil Rights Act, in addition to the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and HUD's Equal Access requirements ((24 CFR 5.105(a)(2) and 24 CFR Part 46)). Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), including the obligation to Affirmatively Further Fair Housing apply to recipients that are not Federally recognized Indian tribes and their instrumentalities.

Equity in Federal Government Activities. It is the policy of the Federal Government to pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our government. Because advancing equity requires a systematic approach to embedding fairness in the Federal funding programs, the Agencies administering such programs must ensure that recipients and their subrecipients, contractors, and other participating entities make an affirmative effort to identify, obtain the participation of, and benefit persons in historically underserved, marginalized, and adversely affected populations.

See https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.

Advancing Racial Equity In accordance with Executive Order 13985, Executive Order 14091, Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government, and Federal fair housing and civil rights laws, your application must address the following:

▪ You analyzed the racial composition of the persons or households who are expected to benefit, directly or indirectly, from your proposed award activities;

▪ You identified any potential barriers to persons or communities of color equitably benefiting from your proposed award activities;

▪ You detailed the steps you will take to prevent, reduce, or eliminate these barriers; and

▪ You have measures in place to track your progress and evaluate the effectiveness of your efforts to advance racial equity in your award activities.

Note that any actions taken in furtherance of this section must be consistent with Federal nondiscrimination requirements.

Executive Order 14112, Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, issued December 6, 2023, encourages agencies to reduce administrative burden on Tribes. In acknowledgement of this order and Executive Order 13985, Advancing Racial Equity and https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government

Support for Underserved Communities, HUD’s equity provisions will enable Tribal applicants to determine if barriers to equity exist, and if so, to address them.

Due to the unique nature of the IHBG program, and its specific focus on serving tribal communities, all grant activities will benefit underserved communities as defined in this NOFO, including Native Americans and Black and Brown people and communities. If you believe there are potential barriers to historically underserved communities equitably benefiting from proposed grant activities, submit a narrative identifying those barriers, detailing steps to prevent, reduce, or eliminate those barriers, and explaining how you will measure, track progress, and evaluate the effectiveness of efforts to overcome those barriers.

Experience Promoting Racial Equity In accordance with Executive Order 13985, Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and Federal fair housing and civil rights laws, your application must demonstrate that the applicant has the experience and/or the resources to effectively address the needs of underserved communities, particularly Black and Brown communities. This may include experience successfully working directly with such groups, experience designing or operating programs that equitably benefit such groups, or experience successfully advancing racial equity in other ways. This may also include experience soliciting, obtaining, and applying input from such groups when designing, planning, or implementing programs and activities.

Executive Order 14112, Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, issued December 6, 2023, encourages agencies to reduce administrative burden on Tribes. In acknowledgement of this order and Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities, HUD’s equity provisions enable Tribal Applicants to demonstrate Experience Promoting Racial Equity through their Indian Housing Plans (IHP), or through a separate narrative. If you decide to use your IHP, HUD will consider the IHP’s description of experience effectively serving tribal communities to meet the EPRE requirements.

Alternatively, you can elect to submit a separate 1-2 page narrative which describes your experience serving and/or resources to effectively address the needs of underserved communities.

You must include a statement with your application stating which option you have selected.

Your IHP description or narrative description of experience will be evaluated for sufficiency and will be a curable deficiency if it is deemed insufficient.

G. Criteria for Beneficiaries.

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

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package Instructions for Applicants All application materials, including the Application Instructions and Application Package, are available through Grants.gov. You must access and review all available application materials.

You must submit…