IndianHousingBlockGrant_FR-6600-N-48.pdf

U.S. Department of Housing and Urban Development

Public and Indian Housing

Indian Housing Block Grant (IHBG) Competitive Grant Program

FR-6600-N-48

11/17/2022

Table of Contents Summary

Overview

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. Award Information

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. Application and Submission Information

A. Obtaining an Application Package

B. Content and Form of Application Submission

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

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. Application Review Information

A. Review Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notices

B. Administrative, National and Department Policy Requirements and Terms for HUD Recipients 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-6600-N-48

Assistance Listing Number:

14.867 Due Date for Applications:

11/17/2022 Summary The U.S. Department of Housing and Urban Development (HUD) Strategic Plan sets the direction and focus of ourprograms and staff to create strong, sustainable, inclusive communities and quality, affordable homes for all.

HUD's Strategic Goals

HUD’s FY 2022-2026 Strategic Plan lays out this administration’s strategy for ensuring everyone has an affordable,healthy place to live. Over the course of the next four years HUD will pursue two overarching priorities focused on increasing equity and improving customer experience across all HUD programs. Five strategic goals undergird the Plan as follows:

Strategic Goal 1: Support Underserved Communities Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Strategic Goal 3: Promote Homeownership Strategic Goal 4: Advance Sustainable Communities Strategic Goal 5: Strengthen HUD’s Internal Capacity

The five goals of the FY 2022-2026 Strategic Plan present the core vision of what we hope to accomplish, the strategies to accomplish those objectives, and the indicators of success.

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

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

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

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

OMB Approval Number(s):

2577-0218

I. FUNDING OPPORTUNITY DESCRIPTION.

A. Program Description.

Purpose

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

The IHBG program is authorized under Title I of the Native American Housing Assistance and Self-Determination Act of 1996, as amended, (25 U.S.C. 4101 et seq.) (NAHASDA). Under the program, eligible Indian tribes and tribally designated housing entities (TDHEs) receive grants to carry out a range of affordable housing activities. Grant funds may be used to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas and carry out other affordable housing activities. Grant funds must be used to primarily benefit low-income Indian families.

In the Consolidated Appropriations Act, 2022 (Appropriations Act) (Public Law 117-103), approved March 15, 2022, 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 entitled, “Housing Needs of American Indians and Alaska Natives in Tribal Areas: A Report from the Assessment of American Indian, Alaska Native, and Native Hawaiian Housing Needs.” Among the findings, the study found that conditions for tribal households are substantially worse than other U.S. households, with overcrowding in tribal areas being especially severe. The study noted that in the 2013-2015 period alone, 68,000 new units would have been necessary to help eliminate overcrowding and replace physically deteriorating units. Additional information is available at:

https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html.

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

In accordance with the Appropriations Act, HUD will give priority to projects that spur construction and rehabilitation of housing, while considering housing need and the https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.huduser.gov/portal/pdredge/pdr-edge-research-022117.html 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.

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

Finally, Indian tribes and TDHEs that are applying for funding under this NOFO are encouraged to propose projects that are part of a comprehensive plan to address housing conditions in their communities, including overcrowding, 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).

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.

Changes from Previous NOFO.

Section I.4. Program Definitions Added definition of Choice Limiting Actions for reference regarding environmental review process requirements.

Section II.A. Available Funds Updated to reflect that funding of $150,000,000 is available through this NOFO.

Section III.D. Threshold Eligibility Requirements

Threshold #6-Workplan Narrative: Added a language NOTE comment to further describe and clarify requirements around tables submitted with the workplan narrative to address NOFO rating factors/subfactors.

Section IV.B.2. Format and Form

Item “h.” Added language to describe and clarify that the Budget Narrative can be submitted as a separate attachment or within the Workplan Narrative, which will not count against the 30-page limit for narratives.

Section V.A.1. Rating Factors

Rating Factors o Added Preference Points to address Climate Change, which added two (2) points.

o Increased Total Points from 102 to 104 with addition of Preference Points to address Climate Change.

Rating Factor 1 o Subfactor 1.2-Procurement and Contract Management: Revised and added language to reflect and clarify most recent changes to 2 CFR part 200 procurement citations, effective February 22, 2021.

o Subfactor 1.2-Procurement and Contract Management: Revised language to reflect “General procurement standards at 2 CFR 200.318-327 (excluding 200.322, “Domestic preference for procurement", as modified under 24 CFR 1000.26”.

o Subfactor 1.2-Procurement and Contract Management: The maximum points allowed were increased to three (3) points.

o Subfactor 1.3-IHBG Expenditures: The maximum points allowed were increased to three (3) points.

o Subfactor 1.7 – Program Performance Going Forward was deleted from this Rating Factor and the FY 2022 NOFO.

Rating Factor 3 o Subfactor 3.1 – IHBG Competitive Priorities: Added language to include “the acquisition of land” associated with the construction, rehabilitation, and acquisition of units within Period of Performance requested in application.

o Subfactor 3.1.a. – New Housing Construction: Added language to include “including infrastructure (which includes the acquisition of land) associated with new housing construction projects that will take place within the Period of Performance requested in the application”.

o Subfactor 3.1.b. - Housing Rehabilitation: Added language to include “(including infrastructure (which includes the acquisition of land) associated with the rehabilitation of units within the Period of Performance requested in the application)”.

o Subfactor 3.1.d. – Affordable Housing Related Infrastructure: Added language to include “(including acquisition of land)” to either support existing affordable housing or will support the development of affordable housing that will be developed soon after the Period of Performance.

o Subfactor 3.2 – Project Implementation Plan: Deleted partial scoring criteria of 7 points.

Rating Factor 4-Leveraging Resources: Added language to reflect that if applicants do not provide the promised firm commitment in entirety, HUD will re-rate and re-rank application without leveraged resource to determine leverage percentage. Also, added language to address use of guidance from federal agencies regarding federal funds proposed as leverage towards to the IHBG Competitive program.

Section V.A.2. Other Factors Opportunity Zones (OZ) – Deleted the Preference Points option for Opportunity Zones (OZ) from FY 2022 NOFO requirements.

Climate Change - Added Preference Points to address Climate Change, which includes two (2) points.

Section VI.C.4.b. Annual Performance Reports Updated Annual Performance Report (APR) section to reflect applicants may submit a new form for the program.

Definitions.

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH). 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 publicly available listing of Federal assistance programs managed and administered by the General Services Administration, formerly known as the Catalog of Federal Domestic Assistance (CFDA). Assistance Listing is a unique number assigned to identify a Federal Assistance Listings, formerly known as the CFDA

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

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

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

Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, deficiencies may be either Curable or Non-Curable.

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

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

Not influence how an applicant is ranked or scored versus other applicants; and Be remedied within the time frame specified in the notice of deficiency.

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

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

DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis.

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

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

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

Expanded Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Expanded AOR role is authorized to submit any applications on behalf of the organization and has privileges that allow the user to modify organization-level settings in Grants.gov.

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

1. Grants;

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

3. Loans;

4. Loan guarantees;

5. Subsidies;

6. Insurance;

7. Food commodities;

8. Direct appropriations;

9. Assessed and voluntary contributions; and

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

11. Federal financial assistance does not include amounts received as reimbursement for services rendered to individuals as described in section 200.502(h) and (i). (2 CFR 200.1)

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

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

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

2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR §200.1, 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.

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.

Historically Black Colleges and Universities (HBCUs) The Higher Education Act of 1965, as amended, defines an HBCU as: “…any historically black college or university that was established prior to 1964, whose principal mission was, and is, the education of black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation.” HBCUs offer all students, regardless of race, an opportunity to develop their skills and talents.

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.

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

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F/subject-group-ECFRfd0932e473d10ba/section-200.502 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 http://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

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

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

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

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

Standard Authorized Organization Representative (AOR) An AOR is a member of your organization authorized by the EBiz POC to submit applications in Grants.gov on behalf of the organization. An applicant user with the Standard AOR role can only submit applications when they are a Participant of that workspace.

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

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities.

Program Definitions.

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

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

NOFO.

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

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). Choice limiting actions performed prior to environmental clearance can result in regulatory or statutory violations that can jeopardize HUD funding of the project.

B. Authority.

This program is authorized under the Consolidated Appropriation Act 2022, (Public Law 117- 103, approved March 15, 2022), the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.), and any other authorities that may make additional funds available for award under this NOFO in the future.

II. Award Information.

A. Available Funds Funding of approximately $129,248,141 is available through this NOFO.

Congress appropriated $150 million for the IHBG Competitive Grant Program in FY 2022 with a maximum grant amount of $7,500,000, and a minimum grant amount of $500,000 has been established by HUD.

Additionally, Section VI.A. of the FY2021 IHBG Competitive NOFO provided that "if HUD commits and error that when corrected would cause selection of am application during the funding round of a Program NOFO, HUD may select that applicant for funding, subject to the availability of funds." Pursuant to this authority, HUD awarded amounts appropriated in FY2022 to an applicant under the FY2021 IHBG Competitive NOFO due to a HUD error. Accordingly, HUD is making $129,248,141 available under this NOFO.

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

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

HUD reserves the right to issue a supplemental or independent NOFO if necessary (e.g., to ensure that all appropriated funds are awarded).

B. Number of Awards.

HUD expects to make approximately 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:

$129,248,141 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.

Applicants may request a shorter period of performance based on the project(s) that is being proposed for IHBG Competitive funding. The period of performance for projects considered under this NOFO cannot exceed 5 years.

Estimated Project Start Date:

04/13/2023 Estimated Project End Date:

04/12/2028 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) and; Tribally Designated Housing Entities (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.2.l.

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

Subawards: Eligible applicants may 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 Section 211 of the General Provisions in the 2022 Appropriations Act, only Native Alaskan Indian Housing Block Grant recipients that received IHBG grants in Fiscal Year 2005 are eligible to apply directly for funding under this NOFO. Native Alaskan tribes that are required to designate a Tribally Designated Housing Entity (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, but provides points based on leverage as describe below.

Cost sharing, mandatory matching or leveraging is not required under this grant, but applicants are encouraged to leverage other Federal (including IHBG formula funds) and non-Federal sources. HUD will award maximum points for applications that propose a certain percentage of leverage and provide the required firm commitments and/or supporting documentation to support each source of leverage. (See Rating Factor 4 of this NOFO). All leveraging must be secured and used by the end of the grant term. Other Federal sources are only allowed to be used as leveraging if permitted by a program's authorizing statute. Grantees will be required to show evidence that leveraging resources were actually received and used for their intended purposes through quarterly Federal Financial Reports (SF-425) as the project proceeds.

D. Threshold Eligibility Requirements.

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

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

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

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

2. Status as a defendant in a Fair Housing Act lawsuit filed by the 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 or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

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

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

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

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

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

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

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

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

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

6. Dismissal of charges.

2. Affirmatively Furthering Fair Housing. With some exceptions for federally recognized Indian tribes and their instrumentalities, the application must discuss how the applicant will carry out the proposed activities in a manner that affirmatively furthers fair housing in compliance with the Fair Housing Act and its implementing regulations. Applicants may propose activities that are consistent with their jurisdiction’s Analysis of Impediments (AI), an Assessment of Fair Housing (AFH), or other means of fair housing planning that meaningfully supports their AFFH certification.

If the applicant will carry out proposed activities in a jurisdiction with an accepted Assessment of Fair Housing (AFH), the proposed activities should be consistent with the AFH's fair housing goals and with fair housing strategies specified in the jurisdiction’s Consolidated Plan or Public Housing Agency Plan.”

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

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

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

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

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

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

5. Grant Ceiling

If an applicant requests more than the maximum applicable grant amount of $7,5000,000 under this NOFO, then the application will not be reviewed. Applicants must clearly document the amount requested under this NOFO on line 18a of the Application for Federal Assistance (SF- 424). See Section IV.B.2.a. for guidance.

6. Rating Factors Thresholds

Applicants must receive a minimum combined score of 35 points for Rating Factor 1-Capacity of the Applicant and Rating Factor 2-Need, and a minimum of 20 points for Rating Factor 3- Soundness of Approach. Applicants who do not meet the minimum score for each of these rating factors and an overall score of 75 points (without the addition of Preference Points) will be ineligible to receive a grant under this competition.

7. Workplan Narrative

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

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

2. Double-Spaced;

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

4. Times New Roman 12-point font; and

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

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

7. Tables may be single-spaced (in Times New Roman 12-point font).

NOTE: HUD will not accept a workplan narrative that is completed and submitted entirely in table format within the grant application. If an entire workplan narrative is submitted in table format, the grant application will not be reviewed and will not receive further consideration for funding.

E. Statutory and Regulatory Requirements Affecting Eligibility.

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

Active Prime and Sub Recipient registration with SAM.gov Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Mandatory Disclosure Requirement 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 24 CFR part 170 https://www.hud.gov/sites/dfiles/SPM/documents/EligibilityRequirementsGrantProgramsFiscalYear2022.pdf https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 if the applicant receives an award, unless an exception applies as provided in 2 CFR 170.110.

F. Program-Specific Requirements.

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

Compliance with Fair Housing and Civil Rights Laws. Nondiscrimination requirements are outlined in 24 CFR 1000.12. Actions under NAHASDA by Federally recognized Indian tribes and their instrumentalities are subject to the requirements of Title II of the Civil Rights Act of 1968, known as the Indian Civil Rights Act, in addition to the Age Discrimination Act of 1975, 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.

G. Criteria for Beneficiaries.

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

IV. Application and Submission Information.

A. Obtaining an Application Package.

Instructions for Applicants.

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

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

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110

An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS/UEI is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if the Applicant fails to submit to HUD in writing or via email a request for a waiver at least 15 calendar days before the application deadline. If HUD grants a waiver, a paper application must be received before the deadline for this NOFO. To request a waiver, you must contact:

Name:

Director-Grants Mgmt Email:

IHBGCompetitiveProgram@hud.gov HUD Organization:

PIH-ONAP

Street:

451 7th Street SW, Rm. 4108 City:

Washington State:

DC DISTRICT OF COLUMBIA

Zip:

20410 Notwithstanding the 15-day deadline referenced in Section IV.A. of this NOFO, applicants for the IHBG Competitive Grant Program may submit a waiver request from the electronic submission requirement up to 7 business days prior to the application deadline date. Applicants should send waiver requests to the contact listed above, with a copy to their respective ONAP Area Office.

B. Content and Form of Application Submission.

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

Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is Non-Curable unless otherwise stated under the Threshold requirements section.

1. Content.

Forms/Assurances/Certifications Submission Requirement Notes/Description

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

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

Application for Federal Assistance

(SF424)

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

Required for all applications.

Disclosure of Lobbying Activities (SFLLL), if applicable

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

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award.

Cost Summary (Form HUD- 53246)

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

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

Implementation Schedule (Form

HUD-53247)

Submission is required for all applicants by the

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

Forms/Assurances/Certifications Submission Requirement Notes/Description application due date.

Certification of Consistency with Promise Zone Goals and Implementation (Form HUD- 50153)

Submission is required for applicants requesting consideration for Preference Points.

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

Tribal Area PCI Resource document

A resource document that pertains to Rating Factor 4.

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

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

2. Format and Form.

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

150 Pages maximum length of narratives

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

The contents of the application submitted include;

30 pages maximum for the Workplan narrative.

150 pages maximum for Workplan narrative supporting attachments.

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

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

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

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

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

3. Proposed Project Dates (Blocks 17a-b): The estimated period of performance start and end dates for projects awarded under this NOFO is 4/13/2023 – 4/12/2028. Applicants may request a shorter period of performance based on the project that is being proposed for IHBG Competitive funding. Projects considered under this NOFO cannot exceed a 5-year period of performance.

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

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

b. Lines 18b-18f…