[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15580]


[Federal Register: June 28, 1994]


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Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Community Planning and 
Development



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NOFA for Emergency Shelter Grants Set-Aside for Indian Tribes and 
Alaskan Native Villages; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and 
Development
[Docket No. N-94-3788; FR-3684-N-01]


NOFA for Emergency Shelter Grants Set-Aside for Indian Tribes and 
Alaskan Native Villages

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice of funding availability.

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SUMMARY: This notice announces the availability of $1,469,000 in funds 
for emergency shelter grants (ESG) to be allocated to Indian tribes and 
Alaskan Native villages by competition. As a result of the enactment of 
the HUD FY 1994 appropriation, $115,000,000 is available for the 
Emergency Shelter Grants (ESG) Program, including the formula program 
and this set-aside. The amount available under this NOFA includes the 
FY 1994 set-aside and $319,000 of unused funds from FY 1993. The 
proposed rule on Emergency Shelter Grants Program; Set-Aside Allocation 
for Indian Tribes and Alaskan Native Villages, published in the Federal 
Register on April 5, 1993, describes the method for allocating these 
funds. These grants will be governed by all provisions applicable to 
the ESG program, including the provisions in the Housing and Community 
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992) 
that became effective upon the enactment of the law.
    Within the context of moving toward a ``continuum of care'' system 
designed to combat homelessness, eligible activities include the 
rehabilitation or conversion of buildings for use as emergency shelters 
for the homeless, payment of certain operating and essential services 
expenses, and homeless prevention activities.
    This notice contains:
    (1) Information concerning eligible applicants;
    (2) Information on the funding available within each HUD Office of 
Native American Programs area;
    (3) Information on application requirements and procedures; and
    (4) A description of applicable statutory changes to the ESG 
program.

DATES: Applications for assistance will be available beginning June 28, 
1994 and must be received by the appropriate HUD Office of Native 
American Programs by no later than 4:00 p.m. local time (i.e., the time 
in the office where the application is submitted) on September 12, 
1994. At the time of submission, one copy of the completed application 
must also be sent to HUD Headquarters at the address stated below. A 
determination that an application was received on time will be made 
solely on receipt of the original application at the Office of Native 
American Programs.
    This application deadline is firm as to date and hour. In the 
interest of fairness to all competing applicants, the Department will 
treat as ineligible for consideration any application that is received 
after the deadline. Applicants should take this practice into account 
and make early submission of their materials to avoid any risk of loss 
of eligibility brought about by unanticipated delays or other delivery-
related problems.

ADDRESSES: An original of the application must be sent to the HUD 
Office of Native American Programs serving the area in which the 
applicant's project is located. A list of addresses and telephone 
numbers for the Area Offices of Native American Programs appears as an 
Appendix to this NOFA. At the same time, a copy of the completed 
application must also be sent to the following address: Office of 
Special Needs Assistance Programs, Attention: Emergency Shelter Grants 
Program Set-Aside, U.S. Department of Housing and Urban Development, 
room 7262, 451 Seventh Street, SW., Washington, DC 20410-7000.

FOR FURTHER INFORMATION CONTACT: Barbara H. Richards, Acting Director, 
Office of Special Needs Assistance Programs, Department of Housing and 
Urban Development, room 7262, 451 Seventh Street, SW., Washington, DC 
20410-7000; telephone (202) 708-4300, or (202) 708-2565 (voice/TDD). 
(These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget, under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control number 2506-0135.

I. Purpose and Substantive Description

A. Authority and Purpose
    The ESG program was first established in section 101(g) of Public 
Law 99-500 (approved October 18, 1986, 100 Stat. 1783-242), making 
appropriations for FY 1987 as provided in H.R. 5313. The program was 
reauthorized with amendments in the Stewart B. McKinney Homeless 
Assistance Act (Pub. L. 100-77, approved July 22, 1987, sections 411-
417) (as amended, ``McKinney Act''). Section 832(f) of the National 
Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990, 42 
U.S.C. 11371-11378) (NAHA), provided for the explicit eligibility of 
Indian tribes for ESG program assistance and established a set-aside 
allocation for Indian tribes that is equal to 1 percent of the amounts 
appropriated for the ESG Program. Funding was provided for this program 
in the Department's appropriation acts for fiscal years 1991 (Pub. L. 
101-507, approved November 5, 1990), 1992 (Pub. L. 102-139, approved 
October 29, 1991), and 1993 (Pub. L. 102-389, approved October 6, 
1992). Regulations governing the Emergency Shelter Grants (ESG) program 
are found at 24 CFR 576, except where superseded by statutory 
amendments under NAHA and the Housing and Community Development Act of 
1992 (Pub. L. 102-550, approved October 28, 1992) (1992 Act), as 
discussed below.
    Assistance provided to Indian tribes and Alaskan Native villages 
under this NOFA will be used to help improve the quality of existing 
emergency shelters for the homeless, make available additional 
emergency shelters, meet the costs of operating emergency shelters and 
of providing essential social services to homeless individuals, and 
help prevent homelessness. The term ``emergency shelter'' is defined in 
24 CFR 576.3. This ESG set-aside allocation will increase the 
availability and expedite receipt of program funds to Native American 
communities.
    (1) Definition of ``Indian tribe.'' Section 832(f)(1) of NAHA 
provides that the definition of the term ``Indian tribe'' has the same 
meaning given that term in section 102(a)(17) of the Housing and 
Community Development Act of 1974. An Indian tribe means any Indian 
tribe, band, group, or nation, including Alaska Indians, Aleuts, and 
Eskimos and any Alaskan Native village, of the United States, that is 
considered an eligible recipient under Title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450) or was 
considered an eligible recipient under the State and Local Fiscal 
Assistance Act of 1972 (31 U.S.C. 6701) before repeal of that Act. 
Eligibility for assistance under the Indian Self-Determination and 
Education Assistance Act is determined by the Bureau of Indian Affairs.
    (2) Emergency shelter means any facility, the primary purpose of 
which is to provide temporary or transitional shelter for the homeless 
in general or for specific populations of the homeless.
    (3) Continuum of Care. This program makes possible the first steps 
in a ``continuum of care'' system designed to assist homeless persons 
find permanent housing and regain independent living. Outreach/
assessment activities, drop-in centers, and essential life-saving 
services may be funded through this program. Funds may also be used to 
prevent homelessness through short-term rental assistance, legal 
assistance, and other services related to individuals and families 
remaining in their own housing. The program facilitates the creation, 
improvement, and operation of emergency shelters and transitional 
housing as well as the provision of services such as case management, 
substance abuse treatment, and job training. For projects serving 
families, the projects and activities should serve the family together 
and work to strengthen the family structure.
    A continuum of care system consists of three basic components:
    (a) A prevention plan and outreach activities designed to bring 
homeless persons into a system and assess their needs;
    (b) Transitional housing combined with rehabilitative services; and
    (c) Placement into permanent housing.
B. Statutory Amendments
    This notice addresses section 832 of the NAHA (104 Stat. 4359), 
which contains numerous amendments to the McKinney Act, and several 
amendments to the ESG program in the 1992 Act. These statutory 
amendments supersede applicable provisions of the program regulations 
found at 24 CFR 576. The Department is publishing in this notice a 
description of the statutory changes to assist Indian tribes in 
complying with program requirements, including the NAHA and 1992 Act 
amendments.
    National Affordable Housing Act Amendments: The NAHA changes are 
described in the following Sections I.B (1)-(6) of this NOFA.
    (1) Extension of eligibility to Indian tribes. Section 832(f) of 
NAHA expressly extends eligibility for assistance under the ESG program 
to Indian tribes, and has the effect of applying the same formula as 
used in the Community Development Block Grant (CDBG) program for 
determining the amount of ESG funds to be set-aside for Indian tribes. 
The one percent figure for the Indian tribe set-aside is dictated by 
sections 832(f)(3) and 913(b) of NAHA.
    (2) Administrative costs. Section 832(b)(1) of NAHA permits 
recipients to use up to 5% of an ESG Program grant for administrative 
purposes. This amount equals 5% of the total of amounts of ESG funds 
requested for all other eligible activities. Administrative costs 
include: costs of accounting for the use of grant funds; preparing 
reports for submission to HUD or to the State; obtaining program 
audits; conducting environmental reviews; coordinating program 
activities; and similar costs related to administering the grant. These 
costs do not include the costs of carrying out other activities 
eligible under the ESG program.
    (3) Use of funds for essential services. Section 832(c) of NAHA 
increased from 20% to 30% the percentage of a grant that may be used to 
provide essential services. Consistent with this amendment, the 
Department will apply its waiver authority in section 414(b) of the 
McKinney Act to the new, higher 30% limitation. As with the previous 
20% cap, the 30% limit is to be measured against the aggregate amount 
of each emergency shelter grant to an Indian tribe. Section 832(f)(6) 
of NAHA makes the limitations on the provision of essential services 
applicable to Indian tribes.
    (4) Use of funds for prevention of homelessness. Homelessness 
prevention was added as a category of eligible activities by section 
423 of the Stewart B. McKinney Homeless Assistance Amendments Act (Pub. 
L. 100-688, approved November 7, 1988), which also treated these 
activities as ``essential services.'' However, section 832(d) of NAHA 
withdraws homelessness prevention activities from categorization as 
``essential services'', and imposes a separate limit of 30% of the 
aggregate amount of assistance to any recipient, including an Indian 
tribe, that may be used for efforts to prevent homelessness.
    Thus, under NAHA, essential services and homelessness prevention 
are now each subject to a 30% cap. However, unlike the category of 
essential services, there is no statutory authority to permit a waiver 
of the cap on the amount of assistance that may be used for 
homelessness prevention activities. By its express terms, the statutory 
waiver is available only in the category of essential services.
    (5) Confidentiality of records for family violence services. 
Section 832(e) of NAHA requires each recipient to certify that it will 
develop and implement procedures to ensure the confidentiality of 
records pertaining to any individual provided family violence 
prevention or treatment services with ESG Program assistance. In 
addition, the address or location of any ESG-assisted housing used as a 
family violence shelter may not be made public without the written 
authorization of persons responsible for the operation of the shelter. 
This new certification is included in the application kit, as provided 
in Section III of this NOFA.
    (6) Establishes habitability standards. Section 832(g) of NAHA 
requires the Secretary to prescribe the minimum standards of 
habitability appropriate to ensure that emergency shelters assisted by 
this program are environments that provide appropriate privacy, safety, 
and sanitary and other health-related conditions for homeless persons 
and families. A description of the Minimum Habitability Standards and 
the required certification is included in the application kit, as 
provided in Section III of this NOFA. The Habitability Standards that 
have been developed under section 832(g) of NAHA to apply to emergency 
shelters are as follows:
    (a) Structure and materials. The shelter shall be structurally 
sound so as not to pose any threat to the health and safety of the 
occupants and so as to protect the occupants from the environment.
    (b) Access. The shelter shall be accessible and capable of being 
utilized without unauthorized use of other private properties. The 
building shall provide an alternate means of egress in case of fire.
    (c) Space and security. Each occupant shall be afforded adequate 
space and security for the occupant's person and belongings. Each 
occupant shall be provided an acceptable place to sleep.
    (d) Interior air quality. Every room or space shall be provided 
with natural or mechanical ventilation. The shelter shall be free of 
pollutants in the air at levels that threaten the health of the 
occupants.
    (e) Water supply. The water supply shall be free from contamination 
at levels that threaten the health of the recipients.
    (f) Sanitary facilities. Shelter occupants shall have access to 
sanitary facilities that are in proper operating condition, can be used 
in privacy, and are adequate for personal cleanliness and the disposal 
of human waste.
    (g) Thermal environment. The shelter shall have adequate heating 
and cooling facilities in proper operating condition.
    (h) Illumination and electricity. The shelter shall have adequate 
natural or artificial illumination to permit normal indoor activities 
and to support the health and safety of occupants. Sufficient 
electrical sources shall be provided to permit use of essential 
electrical appliances while assuring safety from fire.
    (i) Food preparation and refuse disposal. All food preparation 
areas shall contain suitable space and equipment to store, prepare, and 
serve food in a sanitary manner.
    (j) Sanitary condition. The shelter and its equipment shall be 
maintained in sanitary condition.
    Housing and Community Development Act of 1992 Amendments: The 1992 
Act changes are described in the following Sections I.B (7)-(9) of this 
NOFA.
    (7) Certification of involvement of homeless individuals and 
families. The recipient must certify that, to the maximum extent 
practicable, it will involve homeless individuals and families, through 
employment, volunteer services, or otherwise, in providing services and 
in constructing, renovating, maintaining, and operating facilities, 
where assistance is provided for those activities under the program.
    (8) Termination of assistance. The recipient may terminate 
assistance provided to an individual or a family only in accordance 
with a formal process established by the recipient that recognizes the 
rights of the individuals affected, which may include a hearing.
    (9) Eligibility of staff costs. Staff costs relating to the 
operation of emergency shelters are specifically recognized as an 
eligible activity, but not more than 10 percent of the amount of any 
grant may be used for these costs.
C. CHAS and NEPA Requirements
    (1) Indian tribes are not included in NAHA's definition of 
``jurisdiction'', the entity charged with submitting a Comprehensive 
Housing Affordability Strategy (CHAS) under section 105 of NAHA. 
Therefore, Indian tribes are not required to submit a CHAS. 
Furthermore, Indian tribes will not be required to certify to 
consistency with the State's CHAS to receive ESG funding. The 
Department reiterates its position stated in adopting the CHAS Interim 
Rule (56 FR 4484, February 4, 1991) that, given the sovereign status of 
Indian tribes, a State cannot be deemed the appropriate jurisdiction to 
apply its housing strategy to programs administered by Indian tribes 
(see 56 FR 4481-82).
    (2) The assumption of environmental responsibilities specified in 
section 104(g)(1) of the Housing and Community Development Act of 1974 
was authorized for certain recipients of assistance under the McKinney 
Act, pursuant to section 443 of the McKinney Act. Assumption of the 
responsibilities for the ESG program is set forth in 24 CFR 576.52, and 
shall apply to Indian tribes in the same manner as described for a unit 
of general local government or territory. When the tribe does not have 
the legal capacity to assume the environmental responsibility (see 24 
CFR 58.11), the appropriate HUD Office of Native American Programs 
(ONAP) Field Office will conduct the environmental review.
D. Allocation Amounts
    This notice announces the availability of a total of $1,469,000 in 
funding provided by the Department's appropriations acts for fiscal 
year 1994 and unused funds from fiscal year 1993 for competitive grants 
to Indian tribes for emergency shelter grants. Indian Program Office 
set-aside allocations of the total amount are detailed in the following 
chart:

 Allocation of ESG Set-Aside for Indian Tribes by HUD ONAP Area Offices 
                              for FY 1994                               
                                                                        
                                                                        
Chicago....................................................     $244,817
Oklahoma City..............................................      290,207
Denver.....................................................      277,939
Phoenix....................................................      392,153
Seattle....................................................      126,870
Anchorage..................................................      137,014
    Total:.................................................    1,469,000

    HUD reserves the right to negotiate reductions in the amounts 
requested by applicants based on the overall demand for the funds. HUD 
further reserves the right to reallocate these amounts as provided in 
Section I.G, Ranking and Selection, of this NOFA. Each Indian tribe 
must spend all of the grant amounts it was awarded within 24 months of 
the date of the grant award by HUD. Any emergency shelter grant amounts 
that are not spent within this time period may be recaptured and added 
to the following fiscal year's ESG set-aside for Indian tribes.
E. Eligibility and Threshold Requirements
    Applications are invited from Indian tribes for assistance under 
the emergency shelter grants set-aside program. Private nonprofit 
organizations are not eligible to apply directly to HUD for a grant, 
but may receive funding from a grantee if the grantee determines that 
the nonprofit has the financial and organizational capacity to carry 
out the proposed activities.
    The selection process for the Indian tribe set-aside program 
consists of a preliminary threshold review. HUD will review an 
application to determine whether:
    (1) The application is adequate in form, time, and completeness;
    (2) The applicant is eligible; and
    (3) The proposed activities and persons to be served are eligible 
for assistance under the program.
F. Rating Criteria
    Applications that fulfill each of the threshold review requirements 
described in Section I.E, Eligibility and Threshold Requirements, of 
this NOFA will be rated up to 1,000 points based on the following 
criteria. Successful applicants must receive points under each of the 
criteria.
    (1) Applicant capacity (300 points). HUD will award up to 300 
points to an applicant that demonstrates the ability to carry out 
activities under its proposed program within a reasonable time, and in 
a successful manner, after execution of the grant agreement by HUD. 
Reviewers' knowledge of the applicant's previous experience will weigh 
heavily in the scoring. Documented evidence of poor or slow performance 
will enter strongly into that determination. The applications that rate 
highest on this criterion will show substantial experience as an 
organization and/or staff in past endeavors that are directly related 
to the proposed project.
    (2) Need (200 points). HUD will award up to 200 points to an 
applicant that demonstrates the existence of an unmet need for the 
proposed project in the area to be served. The applicants with the 
highest scores on this criterion will be the ones that: (a) Clearly 
define the unmet housing and essential services needs of the homeless 
population proposed to be served in the area to be served by the 
project; (b) demonstrate in-depth knowledge of the population to be 
served and its needs; and (c) set forth an outreach strategy that 
assures that the intended population will be served.
    (3) Service to homeless population (200 points). HUD will award up 
to 200 points to an applicant that proposes to serve that part of the 
Indian homeless population that is most difficult to reach and serve, 
i.e., those persons having a primary nighttime residence that is a 
public or private place not designed for, or ordinarily used as, 
sleeping accommodations for human beings. In urban areas, this is 
usually referred to as living ``on the street.'' To the extent that 
Indians living on reservations live in such situations (e.g., sleeping 
in cars, abandoned structures, out in the open), they meet the 
definition of living in conditions similar to ``living on the street.''
    HUD will focus upon proposed outreach and intake plans, and, 
especially, the degree to which such plans would maximize the 
likelihood that homeless persons would be served by the proposed 
project. The outreach strategy/intake procedures to seek out and 
evaluate the needs of the population to be served should be clearly 
described in the application.
    (4) Appropriateness of essential services (300 points). HUD will 
award up to 300 points to an applicant that proposes essential services 
that: (a) are appropriate to the needs of the population proposed to be 
served; (b) are used or coordinated with existing sources of supportive 
services and networks of support in the community; and (c) help, to the 
degree possible, to move residents to longer term housing situations. 
Applicants should describe what services are available and how they 
will make those services accessible to the people they serve. In 
addition, HUD will evaluate the means by which the people to be served 
will be assisted in moving to permanent housing that is appropriate and 
affordable. Applicants should describe what resources are available to 
assist the population they serve to find permanent housing.
G. Ranking and Selection
    Applications from Indian tribes within the area served by the 
applicable HUD Office of Native American Programs will be assigned a 
rating score and placed in ranked order, based upon the rating criteria 
listed in Section I.F of this NOFA. Only those applications receiving 
points under each of the rating criteria, and at least 500 points in 
total, will be given funding consideration. In the final stage of the 
selection process, qualified applicants will be selected for funding in 
accordance with their ranked order within each area or field office, to 
the extent that funds are available within that area or field office.
    In the event of a tie between applicants, the applicant with the 
highest total points for rating criterion (2), Need, in Section I.F of 
this NOFA, will be selected. In the event of a procedural error that, 
when corrected, would warrant selection of an otherwise eligible 
applicant under this NOFA, HUD may select that applicant when 
sufficient funds become available.
    Depending on the availability of funds, the Department may fund 
qualified applications regardless of location. If an Indian program 
office has insufficient funds to make awards to all of its qualified 
applicants, the Department may reallocate funds to this office from any 
other Indian program office that has funds remaining after making 
awards to all of its qualified applications.

II. Application Process

A. Obtaining Applications

    Application packages will be available beginning June 28, 1994, 
from the HUD Offices of Native American Programs listed in the Appendix 
to this NOFA.

B. Submitting Applications

    Information regarding the submission of applications is included in 
the package.
    An original application must be received at the HUD Office of 
Native American Programs serving the area in which the applicant's 
project is located by no later than 4:00 p.m. local time (i.e., the 
time in the office where the application is submitted) on September 12, 
1994. A list of Offices of Native American Programs appears as an 
Appendix to this NOFA. Applications transmitted by FAX will not be 
accepted.
    At the time of submission, one copy of the completed application 
must also be sent to HUD's Office of Special Needs Assistance Programs 
at the address listed at the beginning of this NOFA. A determination 
that an application was received on time will be made solely on receipt 
of the original application at the Office of Native American Programs.
    The above-stated application deadline is firm as to date and hour. 
In the interest of fairness to all competing applicants, the Department 
will treat as ineligible for consideration any application that is 
received after the deadline. Applicants should take this practice into 
account and make early submission of their materials to avoid any risk 
of loss of ineligibility brought about by unanticipated delays or other 
delivery-related problems.

III. Checklist of Application Submission Requirements

    Applicants must complete and submit applications in accordance with 
the instructions contained in the application kit. The following is a 
checklist of the application contents that will be specified in the 
application kit:
    (1) Applicant Information, including name, address, contact person, 
and telephone number.
    (2) Standard Form 424;
    (3) Certifications of compliance with the requirements of:
    (a) 24 CFR 576.21(a)(4)(ii), concerning assistance provided for 
homelessness prevention activities; 567.51(b)(2)(v), concerning the 
funding of ESG activities in commercial facilities; 576.73, concerning 
the continued use of buildings as emergency shelters or the population 
to be served; 576.75, concerning building standards; 576.77, concerning 
assistance to the homeless; and 576.80, concerning displacement and 
relocation;
    (b) The Indian Civil Rights Act (25 U.S.C. 1301), and section 7(b) 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450e(b));
    (c) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
    (d) The Age Discrimination Act of 1975 (42 U.S.C. 6101-07);
    (e) Executive Orders 11625, 12432, and 12138, promoting the use of 
minority business enterprises and women-owned businesses to the maximum 
extent consistent with the Indian Self-Determination and Education 
Assistance Act;
    (f) The requirements of 24 CFR part 24, concerning the Drug-Free 
Workplace Act of 1988;
    (g) Section 832(e)(2)(C) of NAHA, concerning the confidentiality of 
records pertaining to any individual provided family violence 
prevention or treatment services;
    (h) Section 832(g) of NAHA, concerning minimum habitability 
standards prescribed by the Department;
    (i) Section 104(g) of the Housing and Community Development Act of 
1974 and 24 CFR part 58, concerning assumption of the HUD environmental 
review responsibilities;
    (j) Section 576.71(b)(2)(vii), concerning compliance with tribal 
law in the submission of an application for an emergency shelter grant, 
and possession of legal authority to carry out emergency shelter grant 
activities;
    (k) Prohibitions on the use of Federal funds for lobbying, and the 
completion of SF-LLL, Disclosure Form to Report Lobbying, if 
applicable; and
    (l) 42 U.S.C. 11375(c)(7), as added by the Housing and Community 
Development Act of 1992, concerning the involvement through employment, 
volunteer services, or otherwise, to the maximum extent practicable, of 
homeless individuals and families in constructing, renovating, 
maintaining, and operating facilities assisted under the ESG program, 
and in providing services for occupants of these facilities.
    (4) Form HUD-2880, Applicant/Recipient Disclosure/Update Form, if 
applicable.
    (5) Project Summary and Proposed Budgets.
    (6) Description of the homeless population to be served.
    (7) Facility Description.
    (8) Narrative addressing the rating criteria.
    (9) Matching funds certification as required under 
Sec. 576.51(b)(2)(ii), Sec. 576.71, and section 415(a) of the McKinney 
Act (42 U.S.C. 11375(a)).

IV. Clarification of Applicant Information

    In accordance with the provisions of 24 CFR part 4, subpart B, HUD 
may contact an applicant to seek clarification of an item in an 
applicant's application, or to request additional or missing 
information, but the clarification or the request for additional or 
missing information shall not relate to items that would improve the 
substantive quality of the application pertinent to the funding 
decision.

V. Other Matters

A. Environmental Impact

    A finding of no significant impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969. The finding of no significant impact is available for 
public inspection between 7:30 a.m. to 5:30 p.m. weekdays in the Office 
of the Rules Docket Clerk in the Office of the General Counsel, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410-0500.

B. Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this Notice will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As a result, 
the notice is not subject to review under the Order. The notice 
announces the availability of funds set aside for Indian tribes for 
emergency shelter activities, and invites applications from eligible 
applicants.

C. Impact on the Family

    The General Counsel, as the Designated Official for Executive Order 
12606, the Family, has determined that this notice, to the extent the 
funds provided under it are directed to families, has the potential for 
a beneficial impact on family formation, maintenance, and general well-
being. Since any impact on families is beneficial, no further review is 
considered necessary.

D. Section 102, HUD Reform Act: Documentation and Public Access 
Requirements; Applicant/Recipient Disclosures

    Documentation and public access requirements. HUD will ensure that 
documentation and other information regarding each application 
submitted pursuant to this NOFA are sufficient to indicate the basis 
upon which assistance was provided or denied. This material, including 
any letters of support, will be made available for public inspection 
for a five-year period beginning not less than 30 days after the award 
of the assistance. Material will be made available in accordance with 
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 
regulations at 24 CFR part 15. In addition, HUD will include the 
recipients of assistance pursuant to this NOFA in its quarterly Federal 
Register notice of all recipients of HUD assistance awarded on a 
competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942), for 
further information on these documentation and public access 
requirements.)
    Disclosures. HUD will make available to the public for five years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also Form 2880) will be made 
available along with the applicant disclosure reports, but in no case 
for a period less than three years. All reports--both applicant 
disclosures and updates--will be made available in accordance with the 
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing 
regulations at 24 CFR part 15. (See 24 CFR part 12, subpart C, and the 
notice published in the Federal Register on January 16, 1992 (57 FR 
1942), for further information on these disclosure requirements.)

E. Section 103 HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) was 
published on May 13, 1991 (56 FR 22088) and became effective on June 
12, 1991. That regulation, codified as 24 CFR part 4, applies to the 
funding competition announced today. The requirements of the rule 
continue to apply until the announcement of the selection of successful 
applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (voice/TDD) (this is not a toll-free number). The 
Office of Ethics can provide information of a general nature to HUD 
employees, as well. However, a HUD employee who has specific program 
questions, such as whether particular subject matter can be discussed 
with persons outside the Department, should contact his or her Field 
Office Counsel or Headquarters counsel for the program to which the 
question pertains.

F. Section 112 of the Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b), added by section 112 of the Reform Act, contains two 
provisions dealing with efforts to influence HUD's decisions with 
respect to financial assistance. The first imposes disclosure 
requirements on those who are typically involved in these efforts--
those who pay others to influence the award of assistance or the taking 
of a management action by the Department and those who are paid to 
provide the influence. The second restricts the payment of fees to 
those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 was implemented by 24 CFR part 86. If readers are 
involved in any efforts to influence the Department in these ways, they 
are urged to read part 86, particularly the examples contained in 
Appendix A of that part.
    Any questions about part 86 should be directed to the Office of 
Ethics, room 2158, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-3000. Telephone: (202) 708-
3815 (voice/TDD). (This is not a toll-free number.) Forms necessary for 
compliance with the rule may be obtained from the local HUD office.

G. Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (Byrd Amendment) and the implementing 
regulations at 24 CFR part 87. These authorities prohibit recipients of 
federal contracts, grants, or loans from using appropriated funds for 
lobbying the Executive or Legislative branches of the federal 
government in connection with a specific contract, grant, or loan. The 
prohibition also covers the awarding of contracts, grants, cooperative 
agreements, or loans unless the recipient has made an acceptable 
certification regarding lobbying. Under 24 CFR part 87, applicants, 
recipients, and subrecipients of assistance exceeding $100,000 must 
certify that no federal funds have been or will be spent on lobbying 
activities in connection with the assistance.
    H. The Catalog of Federal Domestic Assistance program number is 
14.231.

    Authority: 42 U.S.C. 11376; 42 U.S.C. 3535(d).

    Dated: June 21, 1994.
Andrew M. Cuomo,
Assistant Secretary for Community Planning and Development.

APPENDIX--HUD OFFICES OF NATIVE AMERICAN PROGRAMS

    All HUD numbers may be reached via Telecommunications Devices 
for the Deaf (TDD) by dialing the Federal Information Relay Service 
on 1-800-877-TDDY (1-800-877-8339) or (202) 708-9300 (not a toll-
free number). Any additional TDD number that is available for an 
individual program office is listed after the appropriate office's 
address.

Chicago (includes all States east of the Mississippi River plus Iowa 
and Minnesota):

Mr. Leon Jacobs, Administrator, Chicago Office of Native American 
Programs, 77 W. Jackson Blvd., Chicago, IL 60604-3507; (312) 886-
4532; TDD (312) 353-7143.

Oklahoma City (includes Oklahoma, Louisiana, Kansas, Missouri and 
Texas):

Mr. Hugh Johnson, Administrator, Oklahoma City Office of Native 
American Programs, Alfred P. Murrah Fed. Bldg., 200 NW 5th St., 
Oklahoma City, OK 73102-3202; (405) 231-4101; TDD (405) 231-4181.

Denver (includes Colorado, Montana, Nebraska, North Dakota, South 
Dakota, Utah and Wyoming):

Mr. Vernon Haragara, Administrator, Denver Office of Native American 
Programs, First Interstate Tower North, 633 17th Street, Denver, CO 
80202-3607; (303) 672-5462; TDD (303) 844-6158.

Phoenix (includes Arizona, New Mexico, California, and Nevada):

Mr. Raphael Mecham, Administrator, Native American Programs Office, 
Two Arizona Center, 400 N. Fifth St., Suite 1650, Arizona Center, 
Phoenix, AZ 85004-2361; (602) 379-4156; TDD (602) 379-4461.

Seattle (includes Washington, Idaho, and Oregon):

Mr. Jerry Leslie, Administrator, Seattle Office of Native American 
Programs, Seattle Federal Office Building, 909 1st Ave., Seattle, WA 
98104-1000; (206) 220-5270; TDD (206) 220-5185.

Anchorage (includes Alaska):

Ms. Colleen Craig, Director, Community Planning and Development 
Division, Anchorage Office, Federal Building, 222 W. 8th Ave., #64, 
Anchorage, AK 99513-75371; (907) 271-3669; (TDD only via 1-800-877-
8339).

[FR Doc. 94-15580 Filed 6-27-94; 8:45 am]
BILLING CODE 4210-29-P