[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41196-41203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17530]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funding Availability (NOFA): Section 515 Rural Rental 
Housing Program for New Construction or Purchase and Rehabilitation of 
Existing Rural Multi-Family Properties in Fiscal Year 2011

AGENCY: Rural Housing Service (RHS), USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: U.S. Department of Agriculture (USDA) Rural Development 
administers the programs of the RHS. This NOFA announces the timeframe 
to submit pre-applications for Section 515 Rural Rental Housing (RRH) 
loan funds, including pre-applications for the nonprofit set-aside for 
eligible nonprofit entities, set-aside for Rural Economic Area 
Partnership (REAP), and the set-aside for the most Underserved Counties 
and Colonias (Cranston-Gonzalez National Affordable Housing Act).
    This document describes the methodology that will be used to 
distribute funds, the application process, submission requirements, and 
areas of special emphasis or consideration. For FY 2011, the Agency 
will provide additional scoring points to those proposals involving 
energy initiatives.

DATES: The deadline for receipt of all pre-applications in response to 
this NOFA is 5 p.m., local time for each USDA Rural Development State 
Office, 45 days from the published date of this Notice. The pre-
application closing deadline is firm as to date and hour. USDA Rural 
Development will not consider any pre-application that is received 
after the closing deadline. Applicants intending to mail pre-
applications must provide sufficient time to permit delivery on or 
before the closing deadline date and time. Acceptance by the United 
States Postal Service or private mailer does not constitute delivery. 
Facsimile (FAX) and postage due pre-applications will not be accepted.

[[Page 41197]]


FOR FURTHER INFORMATION CONTACT: Applicants may contact the applicable 
Rural Development State Office serving the State where the project will 
be built in order to submit a pre-application. The State Office will 
provide further information pertaining to the application process, copy 
of the initial application package, and a list of designated places 
established under 7 CFR 3560.57 for new Section 515 facilities. A 
listing of USDA Rural Development State Offices, addresses, telephone 
numbers, and contact person can be found below in Section XI of this 
Notice.
    For general information, applicants may contact Melinda Price, 
Finance and Loan Analyst, Multi-Family Housing Preservation and Direct 
Loan Division, Rural Housing Service, U.S. Department of Agriculture, 
Federal Building Room 507, 200 North High St., Columbus, Ohio 43215-
2418, telephone (614) 255-2403 (not a toll free number), or (800) 877-
8339 (TDD-Federal Information Relay Service), or via e-mail 
melinda.price@wdc.usda.gov.
    For questions regarding design and construction project delivery 
methods, questions about any of the energy efficiency and environmental 
sustainability programs, as well as questions about design and 
construction contracts should be directed to Carlton Jarratt, Finance 
and Loan Analyst, Multi-Family Housing Preservation and Direct Loan 
Division, Rural Housing Service, U.S. Department of Agriculture, 
Culpeper Building, Suite 121, 1606 Santa Rosa Road, Richmond, Virginia 
23229, telephone (804) 287-1524 (not a toll free number) or (800) 877-
8339 (TDD-Federal Information Relay Service), or via e-mail 
carlton.jarratt@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: 

Programs Affected

    The RRH program is listed in the Catalog of Federal Domestic 
Assistance under Number 10.415, Rural Rental Housing Loans. Rental 
Assistance is listed in the Catalog under Number 10.427, Rural Rental 
Assistance Payments.

Paperwork Burden Act

    The information collection requirements contained in this Notice 
have received approval from the Office of Management and Budget (OMB) 
under Control Number 0570-0190.

Overview

    Funding Opportunity Title: Notice of Funding Availability (NOFA): 
Section 515 Rural Rental Housing Program for New Construction or 
Purchase and Rehabilitation of Existing Rural Multi-Family Properties 
in Fiscal Year 2011.
    Announcement Type: Inviting pre-applications from eligible 
applicants for Fiscal Year (FY) 2011 funding.

Catalog of Federal Domestic Assistance Number (CFDA): 10.415 and 
10.427.

DATES: The deadline for receipt of all pre-applications in response to 
this NOFA is 5 p.m., local time for each USDA Rural Development State 
Office, August 29, 2011. The initial application closing deadline is 
firm as to date and hour. USDA Rural Development will not consider any 
pre-application that is received after the closing deadline. Applicants 
intending to mail pre-applications must provide sufficient time to 
permit delivery on or before the closing deadline date and time. 
Acceptance by the United States Postal Service or private mailer does 
not constitute delivery. Facsimile (FAX) and postage due pre-
applications will not be accepted.
    The Department of Defense and Full Year Continuing Appropriation 
Act, 2011 (Pub. L. 112-20), (April 15, 2011) details the level of 
funding for the remainder of fiscal year 2011. The Section 515 Multi-
Family Housing (MFH) program is authorized by the Housing Act of 1949, 
as amended (42 U.S.C. 1485) and provides Rural Development with the 
authority to make loans for low-income MFH.

Program Administration

I. Authorities

    Section 515 of the Housing Act of 1949, as amended, (42 U.S.C. 
1485) provides USDA Rural Development with the authority to make loans 
to any individual, corporation, association, trust, Indian Tribe, 
public or private nonprofit organization, which may include a faith-
based or community organization, consumer cooperative, or partnership 
to provide rental or cooperative housing and related facilities in 
rural areas for very-low, low, or moderate income persons or families, 
including elderly persons and persons with disabilities. Rental 
assistance (RA) is a tenant subsidy for very-low and low-income 
families/persons residing in rural rental housing facilities with USDA 
Rural Development financing. $2,025,940 in RA will be available for new 
construction in Fiscal Year (FY) 2011.

II. Description of 515 Funding Opportunity

    The total amount available for FY 2011 for Section 515 Funding is 
$18,036,667.89:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Non-Restricted........................................    $12,036,667.89
Set-aside for non-profits.............................      2,000,000.00
Set-aside for Underserved Counties and Colonias.......      2,000,000.00
Set-aside for REAP Zones..............................      2,000,000.00
                                                       -----------------
    Total for Section 515 New Construction............     18,036,667.89
------------------------------------------------------------------------

    All pre-applications for funding must qualify under one of the 
three Set-asides or as a Non-restricted. Qualifications for the Set-
asides are described in paragraph VII below. Those pre-applications 
with the highest scores will be funded first. Any unused funds will 
revert to non-restricted status by September 15, 2011.

III. Award information

    A. Individual loan requests should not exceed $1 million. This 
applies to regular Section 515 funds and set-aside funds.
    B. No State may receive more than 20 percent of the total amount 
available, including set-aside funds.

IV. Eligibility Information

    Applicants must meet the eligibility criteria as determined under 7 
CFR 3560.55.

V. Pre-Application and Submission Information

    A. Pre-application Requirements: All pre-applications must meet the 
requirements of 7 CFR 3560.56, as well as comply with the provisions of 
this Notice. Pre-applications can be submitted either electronically 
using the Section 515 Pre-application form as found at (http://www.rurdev.usda.gov/rhs/mfh/MPR/MPRHome.htm) or as a hard copy with the 
appropriate Rural

[[Page 41198]]

Development State Office where the project will be located.

    Note: Submission of the electronic Section 515 Pre-application 
form does not constitute submission of the entire pre-application 
package which requires additional forms and supporting documentation 
as listed in Section V of this Notice. Although applicants are 
encouraged to submit the pre-application form electronically, the 
complete package in its entirety must still be submitted to the 
local State Office.

    Hard copy pre-applications that are submitted to a USDA Rural 
Development State Office will be date and time stamped to evidence 
timely or untimely receipt, and, upon request, provide the applicant 
with a written acknowledgment of receipt. A list of State Office 
contacts may be found in Section XI of this Notice. Incomplete pre-
applications will not be reviewed and will be returned to the applicant 
within 30 days of receipt. No pre-application will be accepted after 5 
p.m., local time, on the pre-application deadline previously mentioned 
unless that date and time is extended by a Notice published in the 
Federal Register.
    Applicants are encouraged but not required, to provide an 
electronic copy of all hard copy forms and documents submitted in the 
pre-application/application package as requested by this Notice. The 
forms and documents must be submitted as read-only PDF Adobe Acrobat 
files on an electronic media such as CDs, DVDs or USB drives. For each 
electronic device submitted, the applicant should include a Table of 
Contents of all documents and forms on that device. The electronic 
device should be submitted to the local Rural Development MFH State 
Office Contact as listed in Section XI of this Notice.

    Note: If you receive a loan under this Notice, USDA reserves the 
right to post all information not covered under the Privacy Act and 
submitted as part of the pre-application package on a public Web-
site with free and open access to any member of the public.

    B. Submission Requirements: Each pre-application shall include the 
information, documentation, forms and exhibits required by 7 CFR 
3560.56, and the provisions of this Notice. Documents and information 
required in the pre-application package are described as follows:
    1. Documents to establish applicant eligibility:
    i. Form SF 424, ``Application for Federal Assistance''.
    ii. Form RD 410-9, ``Statement Required by Privacy Act (for 
individuals)''.
    iii. Form RD 400-4, ``Assurance Agreement''.
    iv. Form HUD 2530, ``Previous Participation Certification''.
    v. Current (within 6 months) financial statements with the 
following paragraph certified by an authorized individual, agent or 
representative with the legal authority to do so: ``I/we certify the 
above is a true and accurate reflection of my/our financial condition 
as of the date stated herein. This statement is given for the purpose 
of inducing the United States of America to make a loan or to enable 
the United States of America to make a determination of continued 
eligibility of the applicant for a loan as requested in the loan 
application of which this statement is a part.''
    vi. Check for $28 from individual applicants, and $40 from entity 
applicants made out to U.S. Department of Agriculture. This will be 
used to pay for credit reports obtained by the USDA Rural Development.
    vii. Statement signed by applicants that they will pay any cost 
overruns.
    viii. If an entity applicant is selected for further processing, 
the Agency will require additional documentation as set forth in a 
Conditional Commitment in order to verify the entity has the legal and 
financial capability to carry out the obligations of the loan.
    2. Documents to establish project feasibility. The applicant must 
provide the following:
    i. Market feasibility documentation: Either a market study or a 
market survey, as appropriate.
    ii. Type of project and structures proposed (total number of units 
by bedroom size, size of each unit type, size and type of other 
facilities).
    iii. Schematic drawings: (Because projects are expected to be in 
pre-design or very early schematic design for pre-application purposes, 
these drawings may be prepared only as preliminary sketches. It is 
expected that teams will be working in an integrated design method and 
therefore there will be changes to these sketches to meet energy-
efficiency goals, if any).
    (a) Site plan, including contour lines; floor plan of each living 
unit type and other spaces, such as laundry facilities, community 
rooms, stairwells, etc.;
    (b) Building exterior elevations;
    (c) Typical building exterior wall section; and
    (d) Plot plan.
    iv. Description and justification of related facilities, and a 
schedule of separate charges for related facilities. Related facilities 
include community rooms that can be used by tenants and management at 
no additional charge to the tenants.
    v. Type and method of construction (owner builder, negotiated bid, 
or contractor method).
    vi. Statement of estimated costs (Form RD 1924-13, ``Estimate and 
Certificate of Actual Costs''). The selection of the contractor must be 
done through the process established in 7 CFR part 1924.
    vii. Statement of proposed management.
    viii. Congregate services package/plan (if applicable).
    ix. Statement of support from other Government services providers 
to the project (congregate housing only).
    x. Response to the Uniform Relocation Assistance Act (if 
applicable).
    xi. In order to receive points for energy initiatives, the pre-
application must include resumes of qualified professionals, plans for 
an initial design charette and post-construction operations, and 
maintenance training for property managers, site managers and tenants.
    3. Documents for project financing. The applicant must provide the 
following:
    i. Statement of budget and cash flow (applicant completes Form RD 
3560-7, ``Multiple Family Housing Project Budget/Utility Allowance''), 
including type of utilities and utility allowance, if applicable, and 
any contribution to the reserve account.
    ii. Congregate services charges (if applicable).
    iii. Status of efforts to obtain leveraged funds.
    iv. Proposed construction financing (interim or multiple advances; 
if interim financing, letter of interest from intended lender).
    4. Documents for environmental and site information:
    i. Form RD 1940-20, ``Request for Environmental Information''.
    ii. Evidence of compliance with Executive Order 12372 (A-95) (if 
applicable). Form SF 424 is sent to a clearinghouse for 
intergovernmental review.
    iii. A copy of the American Society for Testing and Materials 
(ASTM) Phase I Environmental Site Assessment to cover environmental due 
diligence. The ASTM Phase I Environmental Site Assessment will be 
obtained from the company or person who performs the environmental site 
assessment.
    iv. Map showing location of community services such as schools, 
hospitals, fire and police departments, shopping malls and employment 
centers.
    v. Evidence of submission of the project description to the State 
Housing

[[Page 41199]]

Preservation Office with request for comments.
    vi. The applicant's comments regarding relevant offsite conditions 
that may impact the project.
    vii. The applicant's explanation of any proposed energy efficiency 
components.
    5. Fillable forms to be included in the pre-application package may 
be found at the following links:
    i. Form SF 424, Application for Federal Assistance, which can be 
found online at: http://www.cops.usdoj.gov/files/ric/publications/sf-424.pdf.
    ii. Form RD 1940-20, ``Request for Environmental Information'', 
which can be found online at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1940-20.PDF;
    iii. Form HUD 2530, Previous Participation Certification, which can 
be found online at: http://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf;
    iv. Form RD 1924-13, ``Estimate and Certificate of Actual Costs'', 
which can be found online at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF;
    v. Form RD 400-4, ``Assurance Agreement'', which can be found 
online at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF.
    The following required forms are fillable and are available online 
but require e-authentication access. If the applicant does not have e-
authentication access, the applicable State Office (Section XI) must be 
contacted for instructions and permission to obtain access or a copy of 
the form.
    vi. Form RD 3560-7, ``Multiple Family Housing Project Budget/
Utility Allowance'': https://formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD3560-0007_060500V01.pdf;
    vii. Form RD 410-9, ``Statement Required by the Privacy Act'' (for 
individuals only) https://formsadmin.sc.egov.usda.gov/efcommon/eFileServices/Forms/RD0410-0009.pdf.
    Applicants are encouraged, but not required, to include a checklist 
and to have their pre-applications indexed and tabbed to facilitate the 
review process. The local Rural Development State Office will base its 
determination of completeness of the pre-application and the 
eligibility of each applicant on the information provided in the pre-
application. All applicants will receive a letter notifying them of 
their selection or rejection for further processing. Applicants that 
are selected will be given instructions on how to proceed, following 
the procedures established in 7 CFR part 3560. Applicants that are not 
selected will be provided appeal rights under 7 CFR part 11.

VI. Selection Process

    An amount of $12,036,667.89 is available for Section 515 non-
restricted funding. Pre-applications will be accepted for loan requests 
to finance the new construction of a Section 515 property, or the 
purchase and substantial rehabilitation of non-program RRH and related 
facilities in rural areas. Pre-applications will be assigned points and 
will be scored based upon certain criteria as described in the 
following paragraphs of this section. Pre-applications will then be 
ranked on a national basis and selected for further processing in rank 
order.
    Pre-applications will receive points for the following:
    A. Energy Initiatives Properties may receive a maximum of 42 points 
for energy initiatives. Properties will be classified into two 
categories for the purposes of scoring: New Construction and Purchase 
and Rehabilitation. Points can only be earned under one of these 
categories. Properties in either category also may receive points for 
Energy Generation and Green Property Management.
    1. Energy Conservation for New Construction (maximum 32 points). 
New construction projects may be eligible for up to 32 points when the 
pre-application includes a written certification by the applicant to 
participate in the following energy efficiency programs. The points 
will be allocated as follows:
    i. Participation in the Department of Energy's Energy Star for 
Homes program (10 points). http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_multifamily_units.
    ii. Participation in the Green Communities program by the 
Enterprise Community Partners. (10 points) http://www.enterprisecommunity.org.
    iii. Participation in one of the following two programs will be 
awarded points for certification.

    Note: Each program has four levels of certification. State the 
level of certification that the applicant plans will achieve in 
their certification:
    (a.) LEED for Homes program by the United States Green Building 
Council (USGBC): http://www.usgbc.org/homes.
    (1) Certified Level (4 points), OR
    (2) Silver Level (6 points), OR
    (3) Gold Level (8 points), OR
    (4) Platinum Level (10 points), OR
    (b.) The National Association of Home Builders (NAHB) ICC 700-
2008 National Green Building Standard TM: http://www.nahb.org.
    (1) Bronze Level (4 points), OR
    (2) Silver Level (6 points), OR
    (3) Gold Level (8 points), OR
    (4) Emerald Level (10 points).

    iv. Participation in local green/energy efficient building 
standards; Applicants, who participate in a city, county or 
municipality program, will receive an additional 2 points. The 
applicant should be aware of and look for additional requirements that 
are sometimes embedded in the third-party program's rating and 
verification systems. (2 points)
    2. Energy Conservation for Purchase and Substantial Rehabilitation 
of an Existing Multifamily Property (maximum 32 points). Pre-
applications for the purchase and substantial rehabilitation of non-
program MFH and related facilities in rural areas may be eligible to 
receive 32 points for the following initiatives.

    Note: If you are participating in (i.) the Green Communities 
program, you may not receive additional points for items listed 
under (ii.). In other words, you may participate in (i.) and (iii.) 
or (ii.) and (iii.), but not all three:
    i. Participation in the Green Communities program by the 
Enterprise Community Partners, http://www.enterprisecommunity.org, 
will be awarded 30 points for any project that qualifies for the 
program. (30 points) At least 30 percent of the points needed to 
qualify for the Green Communities program must be earned under the 
Energy Efficiency section of the Green Communities qualification 
program.

    OR,

    ii. Energy conservation points can be awarded for the following 
energy conservation measures only when the applicant is not enrolled 
in Green Communities and conservation measures are listed in the 
preliminary plans for substantial rehabilitation. (maximum 20 
points).

    (a) Replacement of heating, ventilation and air conditioning (HVAC) 
equipment with Energy Star qualified heating, ventilation and air 
conditioning (HVAC) equipment. (3 points).
    (b) Replacement of windows and doors with Energy Star qualified 
windows and doors. (3 points).
    (c) Additional insulation is added to the property to exceed the 
required R-Value of those building elements in that area of the country 
per the International Energy Conservation Code 2009. Two points will be 
awarded if all exterior walls exceed insulation code and 1 point will 
be awarded if attic insulation exceeds code for a maximum of 3 points. 
(3 points total).
    (d) Reduction in building shell air leakage by at least 15% as 
determined

[[Page 41200]]

by pre- and post-rehab blower door testing on a sample of units. 
Building shell air leakage may be reduced through materials such as 
caulk, spray foam, gaskets, and house-wrap. Sealing of duct work with 
mastic, foil-backed tape, or aerosolized duct sealants can also help 
reduce air leakage. (3 points).
    (e) 100 percent of installed appliances and exhaust fans are Energy 
Star qualified. (2 points).
    (f) 100 percent of installed water heaters as Energy Star 
qualified. (2 points).
    (g) 100 percent of toilets with flush capacity of more than 1.6 
gallon flush capacity are replaced with new toilets with 1.6 gallon 
capacity or less, with EPA Water Sense label. (1 point).
    (h) 100 percent of showerheads are replaced with new showerheads 
with EPA Water Sense label. (1 point).
    (i) 100 percent of faucets are replaced with new faucets with EPA 
Water Sense label. (1 point).
    (j) 100 percent Energy-efficient lighting including Energy Star 
qualified fixtures, compact fluorescent replacement bulbs in standard 
incandescent fixtures, and Energy Star Ceiling Fans. (1 point).

and,

    iii. Participation in local green/energy efficient building 
standards. Applicants, who participate in a city, county or 
municipality program, will receive an additional 2 points. The 
applicant should be aware of and look for additional requirements that 
are sometimes embedded in the third-party program's rating and 
verification systems. (2 points).
    3. Energy Generation (maximum 5 points). Pre-applications for new 
construction or purchase and substantial rehabilitation of non-program 
multi-family projects which participate in the Green Communities 
program by the Enterprise Community Partners or receive at least 8 
points for Energy Conservation measures are eligible to earn additional 
points for installation of on-site renewable energy sources. Renewable, 
on-site energy generation will compliment a weathertight, well 
insulated building envelope with highly efficient mechanical systems. 
Possible renewable energy generation technologies include, but are not 
limited to: wind turbines and micro-turbines, micro-hydro power, 
photovoltaics (capable of producing a voltage when exposed to radiant 
energy, especially light), solar hot water systems and biomass/biofuel 
systems that do not use fossil fuels in production. Geo-exchange 
systems are highly encouraged as they lessen the total demand for 
energy and, if supplemented with other renewable energy sources, can 
achieve zero energy consumption more easily. Points under this section 
will be awarded as follows. Projects with preliminary or rehabilitation 
building plans and energy analysis propose a 10 percent to 100 percent 
energy generation commitment (where generation is considered to be the 
total amount of energy needed to be generated on-site to make the 
building a net-zero consumer of energy) may be awarded points 
corresponding to their percent of commitment as follows:
    (a) 0 to 9 percent commitment to energy generation receives 0 
points;
    (b) 10 to 29 percent commitment to energy generation receives 1 
point;
    (c) 30 to 49 percent commitment to energy generation receives 2 
points;
    (d) 50 to 69 percent commitment to energy generation receives 3 
points;
    (e) 70 to 89 percent commitment to energy generation receives 4 
points;
    (f) 90 percent or more commitment to energy generation receives 5 
points. In order to receive more than 1 point for this energy 
generation section, an accurate energy analysis prepared by an engineer 
will need to be submitted with the pre-application. Energy analysis of 
preliminary building plans using industry-recognized simulation 
software must document the projected total energy consumption of the 
building, the portion of building consumption which will be satisfied 
through on-site generation, and the building's Home Energy Rating 
System (HERS) score.
    4. Property Management Credentials (5 points). Projects may be 
awarded an additional 5 points if the designated property management 
company or individuals that will assume maintenance and operations 
responsibilities upon completion of construction work have a Credential 
for Green Property Management. Credentialing can be obtained from the 
National Apartment Association (NAA), National Affordable Housing 
Management Association, the Institute for Real Estate Management, U.S. 
Green Building Council's Leadership in Energy and Environmental Design 
for Operations and Maintenance (LEED OM), or another source with a 
certifiable credentialing program. Credentialing must be illustrated in 
the resume(s) of the property management team and included with the 
pre-application. (5 points).

B. Leverage Assistance

    The presence and extent of leveraged assistance for the units that 
will serve USDA Rural Development income-eligible tenants at basic 
rents, as defined in 7 CFR section 3560.11, comparable to those rents 
if USDA Rural Development provided full financing, computed as a 
percentage of the USDA Rural Development total development cost (TDC). 
Each of the environmental conservation programs mentioned under VI(A) 
may include grants and additional funding. This funding is also 
considered leveraged assistance and can receive points under this 
section. Also, funding sources for energy-efficiency in each State can 
be found at: http://www.dsireusa.org/. Loan proposals that include 
leveraged/secondary funds which have been requested, but have not yet 
been committed, will be processed as follows: The proposal will be 
scored based on the requested secondary funds, provided the applicant 
includes evidence of a filed application for the secondary funds; and 
the funding date of the requested secondary funds will permit 
processing of the loan request in the current funding cycle, or, if the 
applicant does not receive the requested funds, will permit processing 
of the next highest ranked proposal in the current year. Points will be 
awarded in accordance with the following table. Percentages will be 
rounded to the next higher whole number. (0 to 30 points).

------------------------------------------------------------------------
            Number of Points               Description % of Leveraging
------------------------------------------------------------------------
30.....................................  150% or more
25.....................................  100-149%
20.....................................  50-99%
15.....................................  1-49%
------------------------------------------------------------------------

C. Colonia, Tribal land, or Rural Economic Area Partnership (REAP) 
Community

    The units to be developed are in a colonia, Tribal land, or Rural 
Economic Area Partnership (REAP) community, or in a place identified in 
the State Consolidated Plan or State Needs Assessment as a high need 
community for MFH. (20 points).

D. Special Initiatives and MOU

    Pursuant to 7 CFR Section 3560.56 (c)(1)(iii), a National Office 
initiative will provide points to loan requests that meet the selection 
criteria as follows: In States where USDA Rural Development has an on-
going formal working relationship, agreement, or Memorandum of 
Understanding (MOU) with the State to provide state financial resources 
(State funds, State RA, HOME funds, Community Development Block Grant 
(CDBG) funds, or Low-Income Housing Tax Credits (LIHTC)) for USDA Rural 
Development proposals; or where the State provides preference or points 
to USDA Rural Development proposals

[[Page 41201]]

in awarding such State resources, 20 points will be provided to loan 
requests that include such State resources in an amount equal to at 
least 5 percent of the TDC. Native American Housing and Self 
Determination Act (NAHASDA) funds may be considered a State resource if 
the Tribal plan for NAHASDA funds contains provisions for partnering 
with USDA Rural Development for MFH. The applicant can contact its USDA 
Rural Development State Office to determine whether a particular State 
falls into this initiative. (20 Points).

E. Donated Land

    The loan request includes donated land meeting the provisions of 7 
CFR section 3560.56(c)(1)(iv). (5 points).

F. Presidentially Declared Disaster Area

    Pursuant to 7 CFR 3560.56(c)(1)(iii), points will be awarded if the 
property will be constructed or rehabilitated in a Presidentially 
declared disaster area. The area must have been Presidentially declared 
a disaster area in 2011. For further information on Presidentially 
declared disaster areas, see http://www.rurdev.usda.gov/rd/disasters/. 
(10 Points).

VII. Set Asides

    Loan requests will be accepted for the following set-asides:
    A. Non-profit set-aside. An amount of $2,000,000 has been set aside 
for non-profit applicants as defined in 7 CFR 3560.11. All loan 
proposals must be in designated places in accordance with 7 CFR section 
3560.57. A State or jurisdiction may fund one proposal from this set-
aside, which cannot exceed $1 million. A State could receive additional 
funds from this set-aside if any funds remain after the Agency funds 
one proposal from each participating State. The National Office will 
inform the State Offices if additional funds are available. If 
additional set-aside funds remain, each State's second highest scoring 
proposal will be funded. If there are insufficient funds to fund one 
loan request from each participating State, selection will be 
determined nationally by point score on each State's highest ranking 
proposal. This method will also be used if additional funds are 
available to fund more than 1 loan proposal per State where there are 
insufficient funds to fund a second or more proposal for each State. If 
there are any funds remaining, they will be handled in accordance with 
42 U.S.C. 1485(w)(3). Funds from this set-aside will be available only 
to nonprofit entities, which may include a partnership that has as its 
general partner a nonprofit entity or the nonprofit entity's for-profit 
subsidiary which will be receiving low-income housing tax credits 
authorized under section 42 of the Internal Revenue Code of 1986. To be 
eligible for this set-aside, the nonprofit entity must be an 
organization that:
    1. Will own an interest in the project to be financed and will 
materially participate in the development and the operations of the 
project;
    2. Is a private organization that has nonprofit, tax exempt status 
under section 501(c)(3) or section 501(c)(4) of the Internal Revenue 
Code of 1986;
    3. Has among its purposes the planning, development, or management 
of low-income housing or community development projects; and
    4. Is not affiliated with or controlled by a for-profit 
organization.
    B. Underserved Counties and Colonias Set-aside. An amount of 
$2,000,000 has been set aside for loan requests to develop units in the 
100 most needy underserved counties or colonias as defined in section 
509(f) of the Housing Act of 1949, as amended. A State or jurisdiction 
may fund one proposal from this set-aside, which cannot exceed $1 
million. A State could receive additional funds from this set-aside if 
any funds remain after the Agency funds one proposal from each 
participating State. The National Office will inform the State Offices 
if additional funds are available. If additional set-aside funds 
remain, each State's second highest scoring proposal will be funded. If 
there are insufficient funds to fund one loan request from each 
participating State, selection will be determined nationally by point 
score on each State's highest ranking proposal. This method will also 
be used if additional funds are available to fund more than 1 loan 
proposal per State where there are insufficient funds to fund a second 
or more proposal for each State. If there are any funds remaining, they 
will be handled in accordance with 42 U.S.C. 1485(w)(3).
    C. REAP Zone Set-aside. An amount of $2,000,000 has been set aside 
to develop units in a REAP zone. Loan requests that are eligible for 
this set-aside are also eligible for regular Section 515 funds. When 
requests for this set-aside exceed available funds, selection will be 
made in accordance with 7 CFR 3560.56(c) and ranking as described 
earlier in this NOFA. This set-aside is only available until June 30, 
2011.

VIII. Rental Assistance (RA)

    New construction RA will be available for FY 2011 in the amount of 
$2,025,940. New construction RA may not be used in conjunction with a 
transfer or subsequent loan for repairs or rehabilitation, preservation 
purposes or for inventory property sales.

IX. Appeal Process

    Applicants that are rejected will be notified and given appeal 
rights under 7 CFR part 11. All adverse determinations regarding 
applicant's eligibility and the awarding of points as a part of the 
selection process are appealable. Instructions on the appeal process 
will be provided at the time an applicant is notified of the adverse 
action.

X. Equal Opportunity and Non-Discrimination Requirements

    Borrowers and applicants will comply with the provisions of 7 CFR 
3560.2. All housing must meet the accessibility requirements found at 7 
CFR 3560.60(d). All applicants must submit or have on file a valid Form 
RD 400-1, ``Equal Opportunity Agreement,'' and Form RD 400-4, 
``Assurance Agreement.''
    The U.S. Department of Agriculture prohibits discrimination in all 
of its programs and activities on the basis of race, color, national 
origin, age, disability, and where applicable, sex, marital status, 
familial status, parental status, religion, sexual orientation, 
political beliefs, genetic information, reprisal, or because all or 
part of an individual's income is derived from any public assistance 
program. (Not all prohibited bases apply to all programs.) Persons with 
disabilities who require alternative means for communication of program 
information (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
    To file a complaint of discrimination, write to USDA, Assistant 
Secretary for Civil Rights, Office of the Assistant Secretary for Civil 
Rights, 1400 Independence Avenue, SW., Stop 9410, Washington, DC 20250-
9410, or call toll free at (866) 632-9992 (English) or (800) 877-8339 
(TDD) or (866) 377-8642 (English Federal--Relay) or (800) 845-6136 
(Spanish Federal--Relay). USDA is an equal opportunity provider, 
employer, and lender.
    The policies and regulations contained in 7 CFR part 1901, subpart 
E, apply to this program.

XI. USDA Rural Development MFH State Office Contacts

    Note: Telephone numbers listed are not toll-free.

Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael Road, 
Montgomery, AL 36106-3683,

[[Page 41202]]

(334) 279-3618, TDD (334) 279-3495, Vann McCloud.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, 
(907) 761-7723, TDD (907) 761-8905, Cindy Jackson.
Arizona State Office, Phoenix Courthouse and Federal Building, 230 
North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768, 
TDD (602) 280-8706, Carol Torres.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR 
72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office, 430 G Street, 4169, Davis, CA 95616-
4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office, USDA Rural Development, Denver Federal Center, 
Building 56, Room 2300, P.O. Box 25426, Denver, CO 80225-0426, (720) 
544-2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut, Served by Massachusetts State Office.
Delaware and Maryland State Office, 1221 College Park Drive, Suite 200, 
Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Debra Eason.
Florida & Virgin Islands State Office, 4440 NW. 25th Place, 
Gainesville, FL 32606-6563, (352) 338-3465, TDD (352) 338-3499, Tresca 
Clemmons.
Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue, 
Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne 
Rogers.
Hawaii State Office, (Services all Hawaii, American Samoa Guam, and 
Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, 
Hilo, HI 96720, (808) 933-8305, TDD (808) 933-8321, Nate Reidel.
Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709, 
(208) 378-5630, TDD (208) 378-5644, Roni Atkins.
Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 
61821-2986, (217) 403-6222, TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278, 
(317) 290-3100 (ext. 423), TDD (317) 290-3343, Paul Neumann.
Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309, 
(515) 284-4493, TDD (515) 284-4858, Heather Honkomp.
Kansas State Office, 1303 SW. First American Place, Suite 100, Topeka, 
KS 66604-4040, (785) 271-2721, TDD (785) 271-2767, Mike Resnik.
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
40503, (859) 224-7325, TDD (859) 224-7422, Paul Higgins.
Louisiana State Office, 3727 Government Street, Alexandria, LA 71302, 
(318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.
Maine State Office, 967 Illinois Ave., Suite 4, P.O. Box 405, Bangor, 
ME 04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
Street, Amherst, MA 01002, (413) 253-4310, TDD (413) 253-4328, Richard 
Lavoie.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 
48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 
Paul, MN 55101-1853, (651) 602-7812, TDD (651) 602-7830, Tom Osborne.
Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol 
Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-5850, Darnella 
Smith-Murray.
Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite 
235, Columbia, MO 65203, (573) 876-0987, TDD (573) 876-9480, Rachelle 
Long.
Montana State Office, 2229 Boot Hill Court, Bozeman, MT 59715, (406) 
585-2515, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall 
N, Lincoln, NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
5146, (775) 887-1222 (ext. 25), TDD (775) 885-0633, William Brewer.
New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 
Ferry Street, Concord, NH 03301-5004, (603) 223-6050, TDD (603) 229-
0536, Robert McCarthy.
New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic Dr., 
Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7784, George Hyatt, 
Jr.
New Mexico State Office, 6200 Jefferson St., NE, Room 255, Albuquerque, 
NM 87109, (505) 761-4944, TDD (505) 761-4938, Susan Gauna.
New York State Office, The Galleries of Syracuse, 441 S. Salina Street, 
Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6421, TDD (315) 477-
6421,Michael Bosak.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2055, TDD (919) 873-2003, Beverly Casey.
North Dakota State Office, Federal Building, Room 208, 220 East Rosser, 
PO Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113, 
Kathy Lake.
Ohio State Office, Federal Building, Room 507, 200 North High Street, 
Columbus, OH 43215-2477, (614) 255-2409, TDD (614) 255-2554, Cathy 
Simmons.
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654, 
(405) 742-1070, TDD (405) 742-1007, Tim Henderson.
Oregon State Office, 1201 NE Lloyd Blvd., Suite 801, Portland, OR 
97232, (503) 414-3353, TDD (503) 414-3387, Rod Hansen.
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, Martha 
Hanson.
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 
601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-5332, 
Lourdes Colon.
Rhode Island, Served by Massachusetts State Office.
South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD 
(803) 765-5697, Larry D. Floyd.
South Dakota State Office, Federal Building, Room 210, 200 Fourth 
Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, Roger 
Hazuka or Pam Reilly.
Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, TN 
37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9765, TDD (254) 742-9712, Scooter 
Brockette.
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, TDD 
(801) 524-3309, Janice Kocher.
Vermont State Office, City Center, 3rd Floor, 89 Main Street, 
Montpelier, VT 05602, (802) 828-6021, TDD (802) 223-6365, Heidi Setien.
Virgin Islands, Served by Florida State Office.
Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 
Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, CJ 
Michels.
Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA 
98512, (360) 704-7706, TDD (360) 704-7760, Bill Kirkwood.
Western Pacific Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 75 High Street, Room 320, 
Morgantown, WV 26505-7500, (304)

[[Page 41203]]

284-4872, TDD (304) 284-4836, David Cain.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481, 
(715) 345-7676, TDD (715) 345-7614, Cheryl Halverson.
Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-6716, 
TDD (307) 233-6733, Timothy Brooks.

    Dated: July 6, 2011.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2011-17530 Filed 7-12-11; 8:45 am]
BILLING CODE 3410-XV-P