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Notice2024-22177

Notice of Funds Availability (NOFA) for the Multifamily Housing Preservation and Revitalization Demonstration Program (MPR) and for Section 515 Subsequent Loans for Preservation Activities for the Fiscal Year (FY) 2024

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Published

September 27, 2024

Issuing agencies

Agriculture DepartmentRural Housing Service

Abstract

The Rural Housing Service (RHS or Agency), a Rural Development (RD) agency of the United States Department of Agriculture, announces that it is inviting applications for the Multifamily Housing Preservation and Revitalization Demonstration Program (MPR) and Section 515 Loan Program. These loan and grant funds will be made available to qualified applicants which may be used to preserve and improve existing Rural Rental Housing (RRH) and Off-Farm Labor Housing (OFF-FLH) projects to extend their affordable use.

Full Text

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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79229-79242]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22177]

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DEPARTMENT OF AGRICULTURE

Rural Housing Service

[Docket No.: RHS-24-MFH-0006]

Notice of Funds Availability (NOFA) for the Multifamily Housing
Preservation and Revitalization Demonstration Program (MPR) and for
Section 515 Subsequent Loans for Preservation Activities for the Fiscal
Year (FY) 2024

AGENCY: Rural Housing Service, United States Department of Agriculture
(USDA).

ACTION: Notice of Funds Availability (NOFA).

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SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development
(RD) agency of the United States Department of Agriculture, announces
that it is inviting applications for the Multifamily Housing
Preservation and Revitalization Demonstration Program (MPR) and Section
515 Loan Program. These loan and grant funds will be made available to
qualified applicants which may be used to preserve and improve existing
Rural Rental Housing (RRH) and Off-Farm Labor Housing (OFF-FLH)
projects to extend their affordable use.

DATES: Electronic submissions must be received no later than December
26, 2024, 11:59 p.m. Eastern Time (ET), to be eligible for funding
under this Notice. The applicant must send an email message by 12 p.m.
ET (noon) on December 16, 2024, to the RHS Production and Preservation
Division (see the ADDRESSES section for additional information).

ADDRESSES: All applications made in response to this Notice must be
submitted electronically to the RHS Production and Preservation
Division, Processing and Report Review (PRR) Branch using the following
process: The applicant must send an email message by the date and time
provided in the DATES section to the RHS Production and Preservation
Division at <a href="/cdn-cgi/l/email-protection#d58791fb98858795a0a6b1b4fbb2baa3">[email&#160;protected]</a>. The email message must contain the
following information:
Subject line: MPR NOFA Submission.
Body of email: Applicant Name, Project State, Project Name, Project
City and complete Applicant Contact Information (including address,
phone number, email address to receive application submission
information).
Request language: Please provide application submission
instructions so that we may submit our MPR application documents.
Application submission instructions will be emailed to all
interested respondents supplying valid email addresses within two (2)
business days from the date the email of interest is received by the
Agency.

FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Director, Processing
and Report Review Branches, Production and Preservation Division, MFH,
RD, USDA, via email: <a href="/cdn-cgi/l/email-protection#a0ede6e8d0d2cfc3c5d3d3c9cec791e0d5d3c4c18ec7cfd6">[email&#160;protected]</a> or telephone: (202) 205-
9217 for additional information on this Notice.
Persons with disabilities that require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language) may contact the Agency or staff
office; or the 711 Relay Service.

SUPPLEMENTARY INFORMATION: Late or incomplete applications will not be
eligible for funding under this Notice. Paper applications will not be
accepted. Applications that are deemed eligible but are not selected
for further processing due to lack of funding will be withdrawn from
processing.

Authority

The Consolidated Appropriations Act, 2024, Public Law 118-42,
authorized USDA to conduct a demonstration program (i.e., the
Multifamily Housing Preservation and Revitalization (MPR) Demonstration
Program) for the preservation and revitalization of sections 515 (rural
rental housing) (RRH) and 514 and 516 (off-farm labor housing)
properties to restructure existing USDA multi-family housing (MFH)
loans expressly to ensure the project has sufficient resources to
provide safe and affordable housing for low-income residents and farm
laborers

[[Page 79230]]

under the programs authorized by the Housing Act of 1949, as amended
(42 U.S.C. 1484, 1485 and 1486). The MPR Demonstration Program is
implemented under 7 CFR part 3560 and the requirements set forth in
this Notice. Title V of the Housing Act of 1949; 42 U.S.C. 1480;
implemented under 7 CFR part 3560 authorizes the Section 515 Direct
Loan program. The section 515 RRH direct loan program provides
competitive financing for affordable multi-family rental housing for
low-income, elderly, or disabled individuals and families in eligible
rural areas.

Rural Development Key Priorities

RD will continue to support and promote activities and investments
that will achieve the following:
1. Creating More and Better Markets: Assisting rural communities to
recover economically through more and better market opportunities
through improved infrastructure.
2. Addressing Climate Change and Environmental Justice: Reducing
climate pollution and increasing resilience to the impacts of climate
change through economic support to rural communities.
3. Advancing Racial Justice, Place-Based Equity, and Opportunity:
Ensuring all rural residents have equitable access to RD programs and
benefits from RD funded projects.
For further information, visit <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.

Overview

Federal Awarding Agency Name: The Rural Housing Service's (RHS)
Multifamily Housing Program (MFH).
Funding Opportunity Title: Notice of Funds Availability (NOFA) for
the Multifamily Housing Preservation and Revitalization (MPR)
Demonstration Program and Section 515 Rural Rental Housing Subsequent
Loans for Preservation Activities for Fiscal Year (FY) 2024.
Announcement Type: Notice of Funds Availability (NOFA).
Assistance Listing:
(1) 10.447--Rural Multifamily Housing Revitalization Demonstration
Program (MPR).
(2) 10.415--Section 515 Rural Rental Housing Subsequent Loans

A. Program Descriptions

1. Purpose of the Programs

The MPR Demonstration Program restructures loans and provides
additional financing for existing Section 515 Rural Rental Housing
(RRH) and Section 514/516 Off-Farm Labor Housing (Off-FLH) projects to
help improve and preserve the availability of safe affordable rental
housing for low-income residents. The Section 515 RRH Subsequent Loan
program provides additional financing for existing Section 515 RRH
projects to help improve and preserve the affordability of safe
affordable rental housing for low-income residents. MPR and the Section
515 RRH Program are being combined in this Notice to gain efficiencies
in the announcement of funding opportunities, application, and
selection process, as both programs are eligible preservation
resources. Although Section 515 Subsequent Loans, as described under 7
CFR 3560.73 are not required to be awarded under a NOFA, including
these funds in this NOFA will enhance program transparency for the
public and allow for fair and equitable competition for the resource.
Both programs are designed to address preservation needs in Rural
Development's Multifamily Housing portfolio. Funds may be used to
address health, safety and accessibility needs and to repair or
renovate existing project items identified in the Capital Needs
Assessment (CNA). Additional items may be added to the scope of work,
if practical and feasible, at the sole discretion of the RHS. Proposals
to develop or construct additional units within the existing building
envelope, only if needed to comply with accessibility requirements,
will be considered and are eligible under this Notice. To be considered
for funding, all applicants are required to meet both the general
threshold requirements, as well as the program-specific requirements as
outlined in this Notice. The CNA Template and CNA Process Addendum are
provided at the Multifamily Housing Direct Loans website, click on the
``To Apply'' tab; <a href="https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply">https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply</a>.
Questions regarding the CNA Template and CNA Process Addendum or
assistance with accessing the CNA documents should be directed to
Jonathan Bell, Director, Processing and Report Review Branches,
Production and Preservation Division, MFH, RD, USDA, via email:
<a href="/cdn-cgi/l/email-protection#165b505e666479757365657f787127566365727738717960">[email&#160;protected]</a> or telephone: (202) 205-9217.
RHS will hold workshops to provide general guidance and assistance
regarding this NOFA prior to the application deadline. These workshops
will be announced via GovDelivery notice and will also be posted on the
MFH Programs website (<a href="https://www.rd.usda.gov/programs-services/multi-family-housing-programs">https://www.rd.usda.gov/programs-services/multi-family-housing-programs</a>). Sign up for GovDelivery notifications by
visiting the GovDelivery website (<a href="https://public.govdelivery.com/accounts/USDARD/signup/10420">https://public.govdelivery.com/accounts/USDARD/signup/10420</a>). Additional information and guidance
outlining applicant, property, and tenant eligibility requirements;
factors for scoring and ranking applications and making awards; and any
requirements and/or limitations specific to each program application
opportunity can be found in this Notice. Prospective applicants are
encouraged to read this entire Notice thoroughly and attend the
informational workshops for more information and clarification prior to
submitting applications for funding.
All applications must follow the applicable Agency regulations in 7
CFR part 3560. The MPR Program and the Section 515 RRH Program are
subject to title V of the Housing Act of 1949; 7 CFR part 3560: and the
requirements set forth in this Notice.

2. Applicant Eligibility

To be eligible for funding under this NOFA, applicants must meet
all statutory and regulatory requirements applicable to the MPR and/or
Section 515 RRH program funding. Program regulations may be found at
the following link: <a href="https://www.rd.usda.gov/page/regulations-and-guidance">https://www.rd.usda.gov/page/regulations-and-guidance</a>.

3. Definitions

The definitions applicable to this Notice are published at 7 CFR
3560.11 which can be found on the following website: <a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXV/part-3560">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXV/part-3560</a>.

4. Application of Awards

Awards under the MPR Demonstration Program and Section 515 RRH
Program will be made using the specific selection criteria contained in
this Notice.
The Agency will review, evaluate, and score applications received
in response to this Notice based on the provisions found in 7 CFR part
3560 (<a href="https://www.ecfr.gov/current/title-7/part-3560">https://www.ecfr.gov/current/title-7/part-3560</a>), and as indicated
in this Notice. The Agency advises all interested parties that the
applicant bears the full burden in preparing and submitting
applications in response to this Notice for this Program in FY 2024.

B. Federal Award Information

Type of Award: Loans and grants (MPR) and loans (Section 515).
Fiscal Year Funds: FY 24 (MPR and Section 515) and carryover funds
(MPR).
Available Funds: The Agency will make available the following funds
in this NOFA: MPR: $80,491,882 and Section 515: $27,000,000. Available

[[Page 79231]]

loan and grant funding for the MPR program and Section 515 RRH program
for FY 2024 will also be announced via GovDelivery Notice. Sign up for
GovDelivery notifications by visiting the GovDelivery website at:
<a href="https://public.govdelivery.com/accounts/USDARD/signup/10420">https://public.govdelivery.com/accounts/USDARD/signup/10420</a>. Funding
amounts will also be posted on the RHS MFH website at: <a href="https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply">https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply</a>. Funding
awards will be posted to the RHS website as funding is obligated. RHS
reserves the right to post all information submitted as part of the
application package that is not protected under the Privacy Act on a
public website with free and open access to any member of the public.
Award Amounts: The Agency anticipates a maximum per unit award
amount of $60,000 and no minimum award amount. The Agency reserves the
right to reduce requested funding amounts based on funding
availability.
Supplemental Awards: With the submission of a new application,
projects that have previously received Agency funding are eligible to
apply for supplemental funding.
Type of Assistance Instrument: Grant Agreement, Direct Loan.

C. Eligibility Information

1. Eligible Applicants

Eligibility for MPR and section 515 funding under this NOFA
includes current RD borrowers that have received a loan from the Agency
and eligible applicants under 7 CFR part 3560 who are applying to
assume ownership and the associated outstanding RD loans on RD-financed
MFH properties. Eligible applicants for the MPR and Section 515
programs include individuals, partnerships or limited partnerships,
consumer cooperatives, trusts, State or local public agencies,
corporations, limited liability companies, non-profit organizations,
Indian Tribes, associations, or other entities that own or will be the
owner of the project for which an application for transfer of ownership
by the Agency is submitted. Applicants must be eligible entities and
not currently debarred, suspended, or delinquent on any Federal debt.
Agency regulations for the Section 515 MFH program and the Sections
514/516 Farm Labor Housing (FLH) program are published at 7 CFR part
3560.

2. Eligible Projects

Projects must meet at least one of the following requirements to be
eligible to receive funding:
(a) All Agency loans on the project will reach mortgage maturity
prior to January 1, 2027. If a consolidation of two or more projects
into a single project is proposed, all loans on the consolidated
project must reach maturity prior to January 1, 2028.
(b) The project has an existing MPR debt deferral that expires
prior to January 1, 2028.
(c) The project sustained damage due to a storm, fire, flood, wind,
or other man-made or natural disaster and necessary repairs as a result
of the damage are incomplete and/or units are uninhabitable due to
inadequate insurance proceeds.
(d) The project has been approved under the Agency's Simple
Transfer Pilot Program, published in the Federal Register on December
9, 2022 (87 FR 75457), and has an Agency-required rehabilitation plan
that lacks full funding.
(e) A purchase and sale agreement has been approved for the project
under the Agency's sale to nonprofit process in 7 CFR 3560.659 and the
project requires additional funding to complete a transfer of ownership
to the new buyer.
(f) Loan(s) on the project were reamortized at the request of the
owner to avoid payoff and program exit prior to imminent loan maturity
(``reamortization lite'') and the project requires funding to address
unmet rehabilitation needs.
(g) Repairs or modifications are needed to address health and
safety findings or violations and/or accessibility modifications
identified in the property's Capital Needs Assessment (CNA) submitted
with the application. The combined amount of the health, safety, and
accessibility repairs or modifications identified in the CNA must
exceed an average cost of $4,000 per unit to meet the project
eligibility criteria.

3. Threshold Eligibility Requirements

All applications must meet all threshold eligibility requirements
as follows:
(a) Applications must be complete as specified by this Notice;
(b) Applications must be submitted electronically;
(c) Complete applications must be received by 12 p.m., Eastern Time
December 26, 2024;

4. Determination of Initial Eligibility

The determination of initial eligibility for any application will
be determined as of the application submission deadline date. The RHS
reserves the right to discontinue the processing of any application due
to material changes in the applicant's status occurring any time after
the initial eligibility determination.

D. Program Funding

1. Cost Sharing or Matching

There are no cost sharing or matching requirements to receive
program funding.

2. Funding Priority for Areas of Persistent Poverty

To focus investments in areas where the need for increased
prosperity is greatest, RHS will set aside 10 percent of the available
funds for applications that will serve persistent poverty counties. The
term ``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the last 30
years, using the 2020 Decennial Census data and the 2017-2021 American
Community Survey five-year average), or any territory or possession of
the United States. Information on which counties are considered
persistent poverty counties can be found through using the following
link: <a href="https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=a0bcd25194434ac784493fd5dc7f8191">https://ruraldevelopment.maps.arcgis.com/apps/webappviewer/index.html?id=a0bcd25194434ac784493fd5dc7f8191</a>.

3. Funding Priority for REAP Zones

To address issues of geographic isolation of communities separated
by long distances, absence of large metropolitan centers, low-density
settlement patterns, historic dependence on agriculture, continued
population loss, outmigration, and economic upheaval or economic
distress, the Agency will provide a set aside under this announcement
for applications in Rural Economic Area Partnership (REAP) Zones. REAP
Zones locations are as follows:

------------------------------------------------------------------------
Zone State Counties
------------------------------------------------------------------------
CONAC.......................... ND McHenry, Bottineau,
Rolette, Towner,
Pierce and Benson;
and the Indian
reservations of the
Turtle Mountain
Chippewa and Spirit
Lake Sioux.
Southwest...................... ND Dunn, Stark,
Hettinger, Adams,
Bowman, Slope, Golden
Valley, Billings, and
part of the Fort
Berthold Indian
Reservation.

[[Page 79232]]

Sullivan-Wawarsing............. NY Sullivan and the Town
of Wawarsing.
Tioga.......................... NY Tioga.
Northeast Kingdom.............. VT Caledonia, Essex,
Orleans.
------------------------------------------------------------------------

4. Geographic Distribution of Funding

The Agency has an interest in supporting a broad geographic
distribution of program funds. Projects will be scored without regard
to State location. However, if five projects in a State have received
program funding obligations, no further obligations will be made to
projects in that State until a funding decision has been made on all
projects that have met the minimum scoring requirements as described in
the Scoring section of this Notice. When all other funding decisions
have been made, the Agency may provide additional awards in States that
have already received five awards. Projects located on tribal lands
will not count against the five-project State limit.

E. Additional Program Requirements

1. Loan Requirements

Each loan made by the Agency will be secured in a manner that
adequately protects the financial interest of the Federal Government
throughout the period of the loan in accordance with 7 CFR 3560.61. The
Agency will not make any loans without adequate security. The following
limitations will be set on loan amounts:
(a) For all loan applicants who will receive benefits from the low-
income housing tax credit (LIHTC) program, the amount of Agency
financing for the housing will not exceed 95 percent of the security
value available for the Agency loan.
(b) For all loan applicants who will not receive LIHTC benefits and
who are comprised solely of nonprofit organizations, consumer
cooperatives, or State or local public agencies, the amount of the loan
will be limited to the security value available for the Agency loan,
plus the 2 percent initial operating capital and any necessary
relocation costs incurred.
(c) For all other loan applicants who will not receive LIHTC
benefits, the loan amount will be limited to no more than 97 percent of
the security value available for the Agency loan.

2. Equity Contribution Requirements

Loan applicants, with the exception of nonprofit organizations,
consumer cooperatives, or State or local public agencies who will not
be receiving LIHTC benefits, must make an equity contribution from
their own resources as follows:
(a) Loan applicants who will receive LIHTC benefits must make an
equity contribution in the amount of 5 percent of the Agency loan. The
maximum Agency loan will be determined in accordance with 7 CFR
3560.63(c).
(b) Loan applicants who will not receive LIHTC benefits and are not
nonprofit organizations, consumer cooperatives, or state or local
public agencies must make an equity contribution in the amount of 3
percent of the Agency loan. The maximum Agency loan will be determined
in accordance with 7 CFR 3560.63(c).

3. Grant Requirements

Grant awards are subject to the requirements outlined in 2 CFR
parts 200 and 400.

4. Security Requirements

The total of all liens against the project, with the exception of
Agency deferred debt, cannot exceed the Agency-approved security value
of the project, except as permitted by 7 CFR 3560.63(b)(2). All Agency
debt, either in first lien position or in a subordinated lien position,
must be secured by the project, except deferred debt, which is not
included in the Agency's total lien position for computation of the
Agency's security value in the MPR program. Payment of any deferred
debt will not be required from normal project operations income during
the term of the debt deferral. Upon expiration of the deferral, if no
further deferral is approved, the remaining balance will be
reamortized.

5. Transfers, Consolidations and Portfolios

Transfers and consolidations may be approved as part of the
transaction for the selected applicants in accordance with 7 CFR part
3560 and the following:
(a) If a transfer is part of the transaction, and the transfer
includes a seller payment and/or an increase in the allowable Return to
Owner (RTO), the transfer must first be underwritten to meet the
requirements of 7 CFR 3560.406 to establish the maximum RTO amount RD
will recognize for the buyer and seller before the transaction is
underwritten.
(b) If a consolidation of existing properties is simultaneously
proposed, all projects being consolidated must be submitted in one
application that identifies each project. Each property in the proposed
consolidated project must be located in the same market area. Market
area is defined in 7 CFR 3560.11 as the geographic or locational
delineation for a specific project, including outlying areas that will
be impacted by the project including the area in which alternative,
similar properties effectively compete with the subject property.
(c) Applicants should discuss proposed consolidations with the
assigned Servicing Specialist prior to filing their application under
this NOFA. RD may permit two or more properties to be consolidated as
defined in 7 CFR 3560.410 when it is in the best interests of the
Government. The applicant should consult with the RD loan official
before engaging the CNA Provider in any case where the CNA intends to
encompass more than a single existing RD property to determine if a
consolidated CNA may be acceptable for RD underwriting.
(d) If the preservation proposal involves a portfolio transaction
(sale or stay-in owner), a separate application for each project in the
portfolio is required and each application must identify all projects
included in the portfolio transaction. Eligibility determinations will
be conducted on each application associated with the portfolio.

6. Occupancy Standards

(a) For Section 515 RRH projects, the average physical vacancy rate
for the 12 months preceding this Notice's application submission date
can be no more than 10 percent for projects consisting of 16 or more
revenue units and no more than 15 percent for projects less than 16
revenue units. If the average physical vacancy rate exceeds those
limits, the applicant must provide current market data (defined as no
more than 6 months old at time of filing) that demonstrates there is a
need for the project evidenced by waiting lists and a housing shortage
confirmed by local housing agencies and realtors. The data
demonstrating a need and housing shortage must be accepted by the
Agency. The market data must show a clear need and demand for the
project once the transaction is completed. The results of the survey of
existing or

[[Page 79233]]

proposed rental or labor housing, including complex name, location,
number of units, bedroom mix, family or elderly type, year built, and
rent charges, must be provided, as well as the existing vacancy rate of
all available rental units in the community, their waiting lists and
amenities, and the availability of Rental Assistance (RA) or other
subsidies. The Agency will determine if the proposal has market
feasibility based on the data provided by the applicant. Any costs
associated with compiling the market data is NOT an eligible program
project expense. If the information provided by the applicant is
inadequate, the Agency may require additional information, which may
include a current market study, to assess the need of the project and
its continued financial feasibility. If a project consolidation is
involved, the consolidation will remain eligible so long as the average
vacancy rate for each individual project meets the occupancy standard
noted in this paragraph. Any individual project submitted as a
portfolio application that does not continue to meet the occupancy
threshold, regardless of reason, may be withdrawn by the owner or the
Agency without jeopardizing the formal portfolio application so long as
the application continues to meet the eligibility conditions otherwise
described in this Notice.
(b) For Sections 514/516 FLH projects, rather than an average
physical vacancy rate, a positive cash flow for the previous full three
(3) years of operation is required unless the applicant has an Agency
approved workout agreement and is in compliance with the provisions of
the workout agreement for a minimum of six (6) consecutive months.

7. Funding Restrictions

Funds under this NOFA cannot be used to add additional housing
units, build community rooms, or add additional parking areas,
playgrounds, or laundry rooms unless these improvements are needed to
address accessibility requirements.

F. Available Funding Tools

Applicants must propose a funding plan for the project and request
specific tools as part of the funding plan. For loans, the applicant
must specify the type of loan requested and the amount of funding
requested. For grants, the applicant must specify the amount of funding
requested. For debt deferrals, the applicants must specify all loans
requested for deferral and provide an estimate of the current
outstanding loan balance.
(1) Debt deferral: Deferral of loan principal and interest payments
for up to 20 years for presently outstanding Section 514 or Section 515
loans. The applicant's proposal should describe how the cash flow from
the deferred RD direct loan principal and interest payments will be
deposited to the project's reserve account and/or used to help meet the
project's future physical needs, support new debt, reduce rents, or
otherwise be directed to be in the best interests of the tenants and
Government.
(a) If an applicant requests a debt deferral and the term of any
existing Section 514 or Section 515 loans is less than 20 years, the
Agency requires a re-amortization of the existing loans and extending
the term up to 20 years.
(b) All terms and conditions of the deferral will be described in
the MPR Debt Deferral Agreement. A balloon payment of principal and
accrued interest (deferral balloon) will be due at the end of the
deferral period, or upon default pursuant to the terms contained
therein. Interest will accrue at the promissory note rate and, if
applicable, the subsidy will be applied as set out in the Agency's
``Multiple Family Housing Interest Credit Agreement,'' Form RD 3560-9.
(c) At the time of the deferral balloon, borrowers may request any
available servicing tools to preserve any needed projects as affordable
rental housing.
(2) MPR Grant. Grant funding is limited to non-profit or public
housing agency applicants/borrowers only. The grant use will be limited
to the cost of correcting health and safety violations of a project,
including accessibility requirements identified by a CNA accepted by
the Agency.
(3) MPR Zero Percent Loan. An amortizing loan offered at zero
percent interest. This loan is not deferred. Monthly payments are
required for the maximum term and the amortization period will be as
authorized by the respective program authority.
(a) For Section 515 RRH projects, the maximum loan term is 30 years
amortized over a maximum term of 50 years.
(b) For Sections 514/516 projects, the loan will be amortized over
a maximum term of the loan which is 33 years.
(4) MPR Soft-Second Loan. A loan with a one percent interest rate
that will have its accrued interest and principal deferred to a balloon
payment. The balloon payment will be due at the same time as the latest
modified Section 514 or Section 515 maturity date of any current loan
being reamortized.
(5) MPR or Section 515 Direct Loan. An amortizing loan with a one
percent effective interest rate. This loan is not deferred. Monthly
payments are required for the maximum term and amortization period will
be as authorized by the respective program authority:
(a) For Section 515 RRH projects, the maximum loan term is 30 years
amortized over a maximum term of 50 years.
(b) For Sections 514/516 projects, the loan will be amortized over
a maximum term of the loan which is 33 years.
Funding tools are only for authorized purposes in the respective
RRH and FLH programs in accordance with 7 CFR part 3560. The program
will be administered within the resources available to the Agency
through Public Law 118-42.
(6) Other Possible Sources of Funds (not all-inclusive):
(a) RD Section 538 Guaranteed RRH (GRRH) loan. The current Federal
Register Notification for the Section 538 Program is available at 88 FR
26221 (April 28, 2023) (<a href="https://www.govinfo.gov/content/pkg/FR-2023-04-28/pdf/2023-08952.pdf">https://www.govinfo.gov/content/pkg/FR-2023-04-28/pdf/2023-08952.pdf</a>);
(b) Third-party loans, grants, tax credits and tax-exempt
financing;
(c) Owner-provided capital contributions in the form of a cash
infusion. A cash infusion cannot be a loan.

G. Application Information

Respondents to this Notice must submit complete final applications
by the application submission deadline as specified in the DATES
section and this section of this Notice. Expenses incurred in
developing applications will be at the applicant's sole risk.
All applications made in response to this Notice must be submitted
electronically to the RHS Production and Preservation Division,
Processing and Report Review (PRR) Branch using the process outlined in
the ADDRESSES section above.
Applicants are encouraged to include a checklist of all the
application requirements and to index and tab their application to
facilitate the review process. The applicant should provide a Table of
Contents of all of the documents that have been submitted. Last-minute
requests and submissions may not allow adequate time for the submission
process to take place prior to the deadline.

Note: Applicants are reminded that all submissions must be
received by the deadline and the application will be rejected if it
is not received by the deadline date and time, regardless of when
the application was submitted.

(1) Application Requirements. The application must contain the
following:

[[Page 79234]]

(a) An executed and dated Executive Summary on the applicant's
letterhead that must include at least the following:
i. Brief description of the project and its history. Include the
borrower's name, project name, project location, number of units,
number of RA or Operating Assistance (OA) units and unit mix. For FLH
projects, address whether the project operates year-round or on a
seasonal basis. Provide the year the property was built and placed into
service, the original sources of funding, and the original amounts of
funding received. Include a description of any significant
improvements, repairs, or modifications that have been made since the
property was placed in service, which would include substantial
rehabilitations and significant repairs that were needed due to natural
disasters. Provide any other information that you may want to disclose
regarding the project and its history.
ii. Brief description of the proposed transaction. Provide a
narrative of the loan and/or grant funds that the applicant is seeking
from the RHS, or any other third-party source, and a description of
what the funds will be utilized for. Describe the scope of work and
explain how the transaction will come together overall, including
information on how the project will absorb any additional debt service,
if applicable.
iii. Description of the current ownership structure with a detailed
organizational chart. If a transfer of ownership is proposed as part of
the transaction, include the proposed ownership structure with a
detailed organization chart.
iv. Narrative verifying the applicant's ability to meet the
applicant eligibility requirements stated earlier in this Notice.
v. A statement of the applicant's experience in operating
affordable rental housing, labor housing or other rental housing.
vi. Description of the applicant's legal and financial capability
to carry out the obligation and purpose of the loan and/or grant.
vii. Current management. A brief description of how the property is
currently managed. If a change in management is proposed as part of the
transaction, provide a brief description of the proposed plan to manage
the property. As stated earlier in this Notice, the housing must be
managed in accordance with the management regulations, 7 CFR part 3560.
viii. Any financial commitments, financial concessions, or other
economic benefits proposed to be provided by the RHS.
ix. Third-party funding sources, if applicable. For each third-
party funding source, briefly discuss the provider, amount, including
terms, commitment status, timing issues, any restrictions that will be
applicable to the project, and whether any accommodation from the RHS
is proposed, such as a subordination in lien position. The desired lien
position of any third-party funding source must be clearly disclosed,
as well as any proposal for the RHS to subordinate its lien position.
x. Any proposed compensation to parties having an identity of
interest (IOI) with either the consultant or technical assistance
provider. An IOI is defined in 7 CFR 3560.11
xi. Any proposed construction financing, for example, a
construction or bridge loan or the use of multiple advances.
xii. Type and method of construction, such as negotiated bid or
contractor method.
xiii. Signed statement by the applicant that they will pay any cost
overruns in accordance with 7 CFR 3560.63(f).
xiv. Estimated development timeline to include estimated start and
end date, as well as any other important milestones such as the
proposed closing date.
xv. Description of any required state or local approvals and how
they will be obtained.
xvi. Description of the required and intended applicant
contribution, if applicable.
xvii. Any other pertinent information the applicant wishes to
disclose as part of this proposal.
xviii. A separate one-page information sheet listing each of the
application scoring criteria contained in this Notice, followed by a
reference to the page numbers of all relevant material and
documentation contained in the proposal that supports the outlined
criteria.
(b) The following forms and certifications are required:
i. Form RD 3560-1, ``Application for Partial Release,
Subordination, or Consent,'' can be obtained at: <a href="https://formsadmin.sc.egov.usda.gov//efcommon/eFileServices/eFormsAdmin/RD3560-0001.pdf">https://formsadmin.sc.egov.usda.gov//efcommon/eFileServices/eFormsAdmin/RD3560-0001.pdf</a>.
ii. Standard Form 424, ``Application for Federal Assistance,'' can
be obtained at: <a href="https://www.grants.gov/">https://www.grants.gov/</a>.
iii. Form RD 3560-30, ``Certification of no Identity of Interest
(IOI),'' can be found at: <a href="https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF">https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF</a>. OR
iv. Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification,'' can be found at: <a href="https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF">https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF</a>. An
IOI is defined in 7 CFR 3560.11. The RHS must review Form RD 3560-30
and Form RD 3560-31, as applicable, to determine if they are completed
in accordance with the Forms Manual Insert and to determine that all
IOI's have been disclosed.
v. Form HUD 2530, ``Previous Participation Certification,'' if
applicable, can be found at: <a href="https://www.hud.gov/sites/dfiles/OCHCO/documents/2530.pdf">https://www.hud.gov/sites/dfiles/OCHCO/documents/2530.pdf</a>.
vi. Form RD 400-4, ``Assurance Agreement,'' can be found at:
<a href="https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF">https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF</a>.
vii. RD Instruction 1940-Q, Exhibit A-1, ``Certification for
contracts, grants and loans,'' can be found at: <a href="https://www.rd.usda.gov/files/1940q.pdf">https://www.rd.usda.gov/files/1940q.pdf</a>.
viii. Form RD 1910-11, ``Applicant Certification, Federal
Collection Policies for Consumer or Commercial Debts,'' can be found
at: <a href="https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD1910-11.PDF">https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD1910-11.PDF</a>.
ix. Form RD 400-1, ``Equal Opportunity Agreement,'' can be found
at: <a href="https://www.rd.usda.gov/files/UEP_RD_From_400-1.pdf">https://www.rd.usda.gov/files/UEP_RD_From_400-1.pdf</a>.
x. Form RD 400-6, ``Compliance Statement,'' if applicable can be
found at: <a href="https://www.rd.usda.gov/files/RD400-6.PDF">https://www.rd.usda.gov/files/RD400-6.PDF</a>.
xi. For projects that have five or more rental units, an
Affirmative Fair Housing Marketing Plan (AFHMP) as defined in 24 CFR
part 200, subpart M.
(c) Provide the following financial and organizational information:
i. Current (within 6 months of this Notice's application submission
due date) financial statements for each entity within the ownership
structure with the following paragraph certified by the applicant's
designated and legally authorized signer:
``I/we certify the above is a true and accurate reflection of 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.''
ii. Submit a current (within 6 months of this Notice's application
submission due date) comprehensive credit report for both the entity
and the actual individual principals, partners and members within the
applicant entity,

[[Page 79235]]

including any sub-entities who are responsible for controlling the
ownership and operations of the entity. If any of the principals in the
applicant entity are not natural persons (e.g., corporations, other
limited liability companies, trusts), separate commercial credit
reports must be submitted on those organizations as well. Individual
personal consumer credit reports are not required if a combination
report is being provided. Only credit reports provided by accredited
major credit bureaus will be accepted (Experian, Equifax or
TransUnion). If the credit report(s) is not submitted by the
application deadline, the application will be considered incomplete and
will not be considered for funding.
iii. Letter from the IRS indicating the applicant's tax
identification number.
iv. Individual applicants and principals of organizational
applicants must provide to their attorney acceptable evidence of U.S.
citizenship and/or qualified alien status. Acceptable evidence of U.S.
citizenship may include a valid U.S. birth certificate, a valid U.S.
Passport, a valid U.S. Certificate of Naturalization, or other
acceptable evidence of U.S. citizenship proposed by the applicant and
accepted by the Agency. Acceptable evidence of qualified alien status
may include valid documentation issued by the U.S. Citizenship and
Immigration Services (USCIS), or other acceptable documentation of
qualified alien status proposed by the applicant and accepted by the
Agency.
Attorney Certification. The applicant's attorney must review all
applicable evidence to verify U.S. citizenship and/or qualified alien
status, must certify that the Agency's U.S. citizenship and/or
qualified alien status eligibility requirements are met by all
applicants, and must submit the certification for Agency review with
the application.
v. Documentation verifying the applicant is registered in the
System for Award Management (SAM) and the applicant's Unique Entity
Identifier (UEI) number (unless exempt under 2 CFR 25.110(b), (c), or
(d)).
vi. For applicants that are limited partnerships, a current and
fully executed limited partnership agreement and certificates of
limited partners.
vii. For applicants that are limited liability corporations,
evidence of organization under State and local law and a copy of the
applicant's Articles of Organization and Operating Agreement.
viii. If a nonprofit organization:
a. Tax-exempt ruling from the Internal Revenue Service designating
them as a 501(c)(3) or 501(c)(4) organization.
b. Purpose statement, including the provision of low-income
housing.
c. Evidence of organization under state and local law and a copy of
the applicant's charter, Articles of Incorporation, and By-laws.
d. List of Board of Directors including names, occupations, phone
numbers, and addresses.
e. If a member or subsidiary of another organization, the
organization's name, address, and nature of business.
ix. For entity applicants, a Certificate of Good Standing.
x. Attorney Certification. Letter from the applicant's attorney
certifying the legal sufficiency of the organizational documents. The
attorney must certify:
a. The applicant's legal capacity to successfully operate the
proposed project for the life of the loan and/or grant.
b. For entity applicants, that the organizational documents comply
with applicable RHS regulations.
c. For partnership or limited partnership applicants, that the term
of the partnership extends at least through the latest maturity of all
proposed RHS debt.
d. For entity applicants, that the organizational documents require
prior written RHS approval for any of the following: withdrawal of a
general partner from a partnership or any member from an LLC, admission
of a general partner to a partnership or any member to an LLC, amending
the organizational documents, and selling all or substantially all of
the assets of the applicant.
e. For current RHS borrowers, that there have been no changes to
either the ownership entity or the property that have not been approved
by the RHS.
(d) Provide the following information about the Project:
i. Document the need for the project. The applicant must provide
documentation that the average physical vacancy rate for the twelve
(12) months preceding this Notice's application submission due date has
been no more than ten (10) percent for projects consisting of sixteen
(16) or more revenue units, and no more than fifteen (15) percent for
projects with less than sixteen (16) revenue units, unless the project
is seasonal Off-FLH, or unless the applicant has an RHS approved
workout plan and is in compliance with the provisions of the workout
plan, and provides documentation that clearly demonstrates to the RHS
that sufficient market demand exists. If the project is seasonal Off-
FLH, the applicant must provide detailed documentation for the twenty-
four (24) months preceding this Notice's application submission due
date that verifies the project's operations, including information
regarding the open and close date, lease-up, vacancy, rent rolls,
waiting lists, operating budgets, and any other information the
applicant wants to provide to document the need for the seasonal Off-
FLH project.
If the project does not meet the vacancy requirements above, a
description of the cause of the vacancy rate and the plan to increase
the occupancy rate must be submitted. The requested loan or grant funds
must be needed to stabilize occupancy. In addition, if the project does
not meet the vacancy requirements above, the project's waiting list and
documentation regarding the market area must be submitted to support
the need for the project. The market area must be clearly identified
and may include only the area from which tenants can reasonably be
drawn to the project. For Off-Farm projects that do not meet the
vacancy requirements above, documentation must be provided to justify
the need within the primary market area for the housing of domestic
farm laborers. The documentation must also consider disabled and
retired farm workers and adjusted median incomes of very-low, low, and
moderate.
ii. Documentation that the project has a positive cash flow. The
applicant must provide documentation that the project had a positive
cash flow for the previous full three (3) years of operations preceding
this Notice's application submission due date. An exception applies for
projects with an RHS approved workout plan wherein the applicant is in
compliance with the provisions of the workout plan for a minimum of six
consecutive months before becoming eligible for a loan and/or grant
under this Notice. Additionally, an exception will apply to projects
that have a negative cash flow in operations if surplus cash exists in
either the general operating account as defined in 7 CFR 3560.306(d)(1)
or the reserve account. Surplus cash exists when the balance is greater
than the required deposits minus authorized withdrawals. The applicant
must provide the project's annual financial report(s) to document the
project complies with this exception for each year the project has a
negative cash flow, if applicable. Seasonal Off-FLH properties that
receive Operating Assistance (OA) are exempt from this requirement.
(e) Provide the following construction related documents:
i. Plans and specifications along with the proposed manner of
construction. The housing must meet RHS's design and construction
standards contained in

[[Page 79236]]

7 CFR part 1924, subparts A and C, and must also meet all applicable
Federal, State, and local accessibility standards and current codes.
The plans and specifications along with the proposed manner of
construction must be submitted prior to the approval of the
application. The RHS will notify eligible applicants of the deadline to
submit these materials. Also, applications for Off-FLH loans and grants
must meet the design requirements in 7 CFR 3560.559.
ii. Construction planning, bidding, and contract documents,
including the construction contract and architectural agreement. The
construction planning, bidding, and contract documents, including the
construction contract and architectural agreement, must be submitted
prior to the approval of the application. The RHS will notify eligible
applicants of the deadline to submit these materials.
iii. For Off-FLH projects that do not currently have interior/
exterior washing facilities, applicants should consider incorporating
interior/exterior washing facilities for tenants, as necessary to
protect the asset and the tenants from excess dirt and chemical
exposure. Such facilities might include a boot washing station or hose
bibs, among others.
iv. The applicant must submit a checklist, certification, and
signed affidavit by the project architect or engineer, as applicable,
for any energy programs in which the applicant intends to participate.
v. An estimate of development costs utilizing Form RD 1924-13,
``Estimate and Certificate of Actual Cost,'' which can be found at:
<a href="https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF">https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF</a>.
(f) Provide the following project financing information:
i. A Sources and Uses Statement which shows all sources of funding
included in the proposed transaction. The terms and schedules of all
sources included in the project should be included in the Sources and
Uses Statement. (Note: A Section 516 grant may not exceed 90 percent of
the total development cost (TDC) of the transaction.)
ii. All applications that propose the use of any grant, leveraged
funds, or similar funding source must submit firm commitment letters
with their application, if available. Applicants dependent upon third-
party funding, including but not limited to local, State, and Federal
resources through competitive and noncompetitive application rounds,
must obtain and submit to the Agency a satisfactory commitment of those
funds, as determined by the Agency, upon receipt, but no later than the
twelve-month time frame, as specified in the award commitment. An
extension of the award commitment of up to six months may be given, at
the sole discretion of the Agency, and will be based on project
viability, current program demand, and availability of program funds.
Applicants unable to satisfy this condition of the award commitment
will be subject to having the award rescinded and will be required to
reapply in future funding announcements.
iii. Description of how the applicant will meet the applicable
equity contribution requirement.
(g) Provide the following environmental information:
i. Environmental information in accordance with the requirements of
7 CFR part 1970. The applicant is responsible for preparing and
submitting the environmental review document in accordance with the
format and standards provided by RHS in 7 CFR part 1970. Applicants may
employ a design or environmental professional or technical service
provider to assist them in the preparation of their environmental
review documents at their own expense.
ii. Evidence of the submission of the project description to the
applicable State Housing Preservation Office (SHPO), and/or Tribal
Historic Preservation Officer (THPO) with the request for comments, if
applicable. A letter from the SHPO and/or THPO where the project is
located, signed by their designee, will serve as evidence of
compliance.
iii. Intergovernmental review. Evidence of compliance with
Executive Order 12372. Information is available on the USDA website at:
<a href="https://www.usda.gov/ocfo/federal-financial-assistance-policy/intergovernmental-review">https://www.usda.gov/ocfo/federal-financial-assistance-policy/intergovernmental-review</a>. The applicant must initiate the
intergovernmental review by submitting the required information to the
applicable State Clearinghouse. The applicant must provide
documentation that the intergovernmental review process was completed.
The applicant must also submit any comments that were received as part
of this review to the agency. If no comments are received, the
applicant must provide documentation that the review was properly
initiated and that the required comment period has expired.
Applications from Federally recognized Indian Tribes are not subject to
this requirement.
(h) Provide the following budget and project management
information:
i. A proposed post-transaction operating budget utilizing Form RD
3560-7, ``Multiple Family Housing Project Budget/Utility Allowance''.
Form can be found at: <a href="https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF">https://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF</a>. The budget must include the debt
service of the new RHS loan(s), if applicable. This will be a post
transaction budget that must include a narrative which provides
justification for any changes between the current budget and proposed
budget.
The RHS will review the budget to determine that the income and
expenses are reasonable and customary for the area. The RHS will also
verify that the budget reflects the new RHS loan debt service, if
applicable, the existing RHS loan debt service, the number of units,
unit mix, and rents. Overall, the RHS must review the budget for
feasibility, accuracy, and reasonableness.
ii. Form RD 3560-13, ``Multifamily Project Borrower's/Management
Agent's Management Certification,'' can be found at: <a href="https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD3560-13.PDF">https://forms.sc.egov.usda.gov//efcommon/eFileServices/eForms/RD3560-13.PDF</a>.
This document is required only if the owner is changing the management
agent or the management fee as part of this proposal.
iii. Management plan with all attachments, including the proposed
record keeping system, the proposed lease with an attorney's
certification and the proposed occupancy rules. This document is
required only if the owner is changing the management agent or revising
the management plan and any attachments as part of this proposal.
iv. Management Agreement. This document is only required if the
owner is changing the management agent or revising the management
agreement and any attachments as part of this proposal.
v. Tenant relocation plan, if applicable. Loans and/or grants that
are made for major repair may require the temporary relocation of
tenants while the project is undergoing work. The applicant must
provide a plan and financial assistance for relocation of displaced
persons from a site on which a project will be located.
(i) Provide the following third-party reports:

[[Page 79237]]

i. Acceptable appraisal. Appraisals may be conditioned but will be
required prior to closing. For Off-Farm projects, please refer to the
Agency's appraisal assignment guidance under the ``To Apply'' tab on
the Off-Farm Labor Housing Direct Loans & Grants website (<a href="https://www.rd.usda.gov/programs-services/multifamily-housing-programs/farm-labor-housing-direct-loans-grants#to-apply">https://www.rd.usda.gov/programs-services/multifamily-housing-programs/farm-labor-housing-direct-loans-grants#to-apply</a>). For this funding type,
applicants should use the appraisal assignment guidance named
``MFH_514_516_Off Farm_Rehabilitation Only_Appraisal Assignment
Guidance'' or ``MFH_514_516_Off Farm_Transfer and
Rehabilitation_Appraisal Assignment Guidance,'' as applicable.
For Section 515 projects, please refer to the Agency's appraisal
assignment guidance under the ``To Apply'' tab on the Multifamily
Preservation and Revitalization (MPR) website (<a href="https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply">https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-preservation-and-revitalization-mpr#to-apply</a>). For this funding type,
applicants should use the appraisal assignment guidance named
``MFH_515_Rehabilitation_Appraisal Assignment Guidance'' or
``MFH_515_Transfer and Rehabilitation_Appraisal Assignment Guidance,''
as applicable.
Project funds may be used to obtain the appraisal if there are
adequate funds available and the request to use project funds is
approved by the Field Operations Division servicing official.
No appraisal is required for subsequent Section 516 Off-FLH grant
only requests.
ii. An acceptable As-Is CNA in accordance with the requirements set
forth in the CNA Template and CNA Process Addendum provided at <a href="https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply">https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-direct-loans#to-apply</a>.
Project funds may be used to obtain the As-Is CNA if there are
adequate funds available and the request to use project funds is
approved by the Field Operations Division servicing official. The
repair plan should be developed in accordance with the CNA and the
applicant should submit documentation of the detailed plan and timeline
for completion of the repair work.
If any of the required items listed above, with the exception of
the appraisal, are not submitted within the application in accordance
with this Notice, or are incomplete, the application will be considered
incomplete and will not be considered for funding. An acceptable
appraisal will be required as a condition of funding but may be
submitted prior to closing to minimize upfront third-party report costs
for applicants. If the application is incomplete or deemed ineligible,
the applicant will be notified of any applicable appeal rights under 7
CFR part 11. Applications that are deemed eligible but are not selected
for further processing due to a lack of funding will be withdrawn from
processing and will be encouraged to apply to future Notices. This
action is not appealable.
The RHS will not consider information from the applicant after the
application deadline, expect as expressly specified in this Notice. The
RHS may contact the applicant to clarify other items in its
application. The RHS will uniformly notify applicants of each curable
deficiency. A curable deficiency is an error or oversight that if
corrected it would not alter, in a positive or negative fashion, the
review and rating of the application. An example of a curable
(correctable) deficiency would be inconsistencies in the amount of the
funding request. Non-curable deficiencies are threshold components that
effect the review and rating of the application, including but not
limited to, evidence of an eligible entity and evidence of the need for
the project.
Each application must address the applicable scoring criteria
presented in this Notice for the type of funding being requested.
(2) System for Award Management and Unique Entity Identifier. The
System for Award Management (SAM) is the Official U.S. Government
system for collection of forms for acceptance of a Federal award
through the registration or annual recertification process. On April 4,
2022, the unique entity identifier used across the Federal Government
changed from the Data Universal Numbering System (DUNS) Number to the
Unique Entity ID (UEI) (generated by <a href="http://SAM.gov">SAM.gov</a>).
All program applicants, unless exempt under 2 CFR 25.110(b), (c),
or (d), are required to:
i. Be registered in System Award Management (SAM) before submitting
their applications;
ii. Provide a valid Unique Entity ID (UEI) in their applications;
and
iii. Continue to maintain an active SAM registration with current
information at all times during which they have an active Federal award
or an application or plan under consideration by a Federal awarding
agency.
The Federal awarding agency may not make a Federal award to an
applicant until the applicant has complied with all applicable SAM
requirements and, if an applicant has not fully complied with the
requirements by the time the Federal awarding agency is ready to make a
Federal award, the Federal awarding agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. SAM is the Official U.S. Government system for collection of
forms for acceptance of a Federal award through the registration or
annual recertification process. Applicants may register for SAM at
<a href="https://www.sam.gov">https://www.sam.gov</a> or by calling 1-866-606-8220. The applicant must
ensure that the information in the database is current, accurate, and
complete. On April 4, 2022, the unique entity identifier used across
the Federal Government changed from the DUNS Number to the UEI
(generated by <a href="http://SAM.gov">SAM.gov</a>). As required by the Office of Management and
Budget (OMB), all applications must provide a UEI number when applying
for Federal assistance. Instructions for obtaining the UEI are
available at <a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>. Applicants
must ensure they complete the Financial Assistance General
Certifications and Representations in SAM. Similarly, all recipients of
Federal financial assistance are required to report information about
first-tier subawards and executive compensation in accordance with 2
CFR part 170. So long as an entity applicant does not have an exception
under 2 CFR 170.110(b), the applicant must have the necessary processes
and systems in place to comply with the reporting requirements should
the applicant receive funding. See 2 CFR 170.200(b).
Additional information concerning these requirements can be
obtained on the <a href="http://Grants.gov">Grants.gov</a> website at <a href="https://www.grants.gov">https://www.grants.gov</a>. The
applicant must provide documentation that they are registered in SAM
and their UEI number or the application will not be considered for
funding. The following forms for acceptance of a Federal award are now
collected through the registration or annual recertification in <a href="http://SAM.gov">SAM.gov</a>
in the Financial Assistance General Certifications and Representations
section:
<bullet> Form AD-1047, ``Certification Regarding Debarment,
Suspension, and Other Responsibility Matters-Primary Covered
Transactions.''
<bullet> Form AD-1048, ``Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered
Transactions.''
<bullet> Form AD-1049, ``Certification Regarding Drug-Free
Workplace Requirements (Grants).''
<bullet> Form AD-3031, ``Assurance Regarding Felony Conviction or
Tax

[[Page 79238]]

Delinquent Status for Corporate Applicants.''
<bullet> Form AD-3030, ``Representations Regarding Felony
Conviction and Tax Delinquent Status for Corporate Applicants.''
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.

H. Submission Information

The Agency will not solicit, accept, or consider new scoring or
eligibility information that is submitted after the application
deadline. RHS reserves the right to ask applicants for clarifying
information and additional verification of assertions in the
application. All required application documents in accordance with this
Notice must be submitted on or before 12 p.m. (ET) December 26, 2024.
Please refer to the DATES section of this Notice for details.
Last-minute requests and submissions may not allow adequate time
for the submission process to take place prior to the application
deadline. Applications will be rejected if not received by the deadline
date and time, regardless of when submitted. The Agency is not liable
for technical issues or system-related difficulties that affect an
applicant's ability to submit applications in a timely fashion in
accordance with the instructions of this NOFA. Application submissions
must meet all the requirements of this Notice. No application will be
accepted after the deadline unless the date and time is extended by
another Notice published in the Federal Register. Incomplete
applications and applications submitted after the deadline will be
rejected without being scored.
Applicants are encouraged to include a checklist of all the
application requirements and to index and tab their application to
facilitate the review process:
[ballot] Table of Contents citing all documents submitted;
[ballot] Checklist of Application Requirements indexed in order; and
[ballot] Application Scoring Criteria Sheet listing each of the scoring
criteria contained in the Program Notice, followed by page number
references for all supporting materials and documentation contained in
the application package.

I. Application Review Process

The Agency will determine if applications meet the following
criteria:
<bullet> The application was received by the submission deadline;
<bullet> The application is complete as specified in the NOFA;
<bullet> The application is for an authorized purpose; and
<bullet> The applicant meets Agency eligibility requirements.
Applicants that are rejected by the Agency because they do not meet
the criteria above will not be scored or ranked. Only applications
meeting the above criteria will be scored and ranked. RHS will use the
scoring and ranking factors outlined in this Notice for MPR and Section
515 RRH application(s).
After the Agency's initial assessment is complete, the Agency will
score and rank complete and eligible application(s) as outlined in this
Notice. The Agency will process the applications in order of their
ranking (from highest score to lowest score) taking into account
available funds. If any loan applications are withdrawn, rejected, or
delayed for a period of time that will not permit funding in the
current funding cycle, the Agency will process, in rank order, the next
loan application as funding levels permit, subject to the goals for
geographic distribution of funds as described in section D of this
Notice. The Agency reserves the right to offer the applicant less than
the funding amount requested. Upon completion of the funding round, the
Agency will notify applicants of their score, upon request.

J. Scoring Criteria

Application scoring will be based on information provided in the
applications and in Agency records. A minimum score of 20 points for
scoring criteria (1) and (2), along with meeting all other eligibility
requirements, e, will be required for a project to receive funding.
Meeting the minimum scoring requirements does not guarantee funding.
Points will be awarded as follows:

(1) Development Team Experience (up to 15 points). Applicants
should demonstrate their team's recent experience in successfully
completing the rehabilitation of affordable MFH and/or FLH projects, as
applicable, in a timely manner. If other funding sources are being
sought, RHS will consider the applicant's experience with utilizing
Federal financing programs, including timely project completion. A firm
resume must be provided for all members of the applicant's ownership
entity and the proposed management team, including the management
agent. The description or firm resumes must include any rental housing
projects facilities that the applicant team sponsored, owns, or
operates. To score the highest number of points for this factor,
applicants must describe significant previous experience in
development, rehabilitation, and preservation of affordable housing
projects. Points will be awarded as follows:

(a) Low level of development experience (5 points)
(b) Medium level of development experience (10 points)
(c) High level of development experience (15 points)

(2) Ownership and Management Capacity (10 points). Applicants
should demonstrate that they have the experience and organizational
resources to successfully own, operate and manage affordable MFH and/or
FLH projects on a long-term basis. A firm resume must be provided for
all members of the applicant's ownership entity and the proposed
management team, including the management agent. Each resume must
include FLH and affordable MFH ownership and management experience, as
applicable. In addition, the resume should include a description of all
similar projects that the applicant and Sponsors/Co-Sponsors have been
involved with, to include whether they were Federal housing projects,
and information regarding the success of the projects. Points will be
awarded as follows:

(a) Inadequate owner and management experience (0 points)
(b) Acceptable owner and management experience (10 points)

(3) Disaster-Impacted Properties (5 points). Points may be awarded
to projects that have been adversely impacted by the occurrence of a
natural or man-made disaster that caused physical property damage or
failure that is not fully reimbursable by property, casualty or
liability insurance or any other form of third-party compensation, such
as disaster loans and grants from other agencies. To qualify for
points, properties must have outstanding repair and rehabilitation
needs stemming from the natural or man-made disaster that have not been
remedied due to inadequate insurance/third-party compensation.
(4) Projects with Existing MPR Debt Deferrals Expiring Prior to
January 1, 2027 (5 points). Points are awarded to properties with an
existing MPR debt deferral that is expiring prior to January 1, 2027.
Documentation of the existing

[[Page 79239]]

loan deferral(s) must be provided with the application.
(5) Projects Reaching Mortgage Maturity Prior to January 1, 2027 (5
points). Points are awarded if all Agency loans on the property have
maturity dates prior to January 1, 2027. If the applicant is proposing
a consolidation of two or more properties into a single project, all
Agency loans on the consolidated project must have loan maturity dates
prior to January 1, 2027, to receive points.
(6) Non-Selected Projects with a Complete Application Submitted for
Section 515 Subsequent Loan Funding in FY2023 (5 points). Points are
awarded to projects for which a complete application was submitted for
an FY2023 Section 515 Subsequent Loan but the project was not selected
for funding. Applicants must provide a copy of the letter from the
Agency indicating that a complete application was received but the
project was not selected for funding.
(7) Immediate Capital Needs for Health, Safety and Accessibility
Repairs (up to 20 points). To receive points, applicants must submit a
Capital Needs Assessment that includes documentation of the immediate
health, safety and accessibility (H/S/A) repairs required for the
property. Points will be awarded based on the percentage of project
construction costs allocated for immediate H/S/A repairs and
improvements. To receive points, applicants must clearly document the
immediate H/S/A repairs and calculate the cost of those repairs as a
percentage of the total project construction costs. Points will be
awarded as follows:

(a) Immediate H/S/A repairs >40% of construction costs: 20 points
(b) Immediate H/S/A repairs 31-40% of construction costs: 15 points
(c) Immediate H/S/A repairs 21-30% of construction costs: 10 points
(d) Immediate H/S/A repairs 11-20% of construction costs: 5 points

(8) Energy Efficiency and Green Building (up to 5 points). Points
will be awarded to applicants demonstrating through written narrative
how the proposed repair project meets energy efficiency, pollution
mitigation or clean energy goals through the following programs.
Applicants must submit the corresponding checklist, registrations in
programs, and commitments signed by the owner, the architect,
applicable mechanical, electrical plumbing, and structural engineers,
and other program-required green building professionals, energy
modelers and raters as applicable to the programs selected for point
consideration.
(a) Program participation (3 points). Applicants will receive
points for participation in one of the following programs:

<bullet> EPA's Energy Star Multifamily Certification or Energy Star
Next Gen (<a href="https://www.energystar.gov/partner_resources/residential_new/homes_prog_reqs/multifamily_national_page">https://www.energystar.gov/partner_resources/residential_new/homes_prog_reqs/multifamily_national_page</a>)
<bullet> DOE Zero Energy Ready Homes (<a href="https://www.energy.gov/eere/buildings/zero-energy-ready-homes">https://www.energy.gov/eere/buildings/zero-energy-ready-homes</a>)
<bullet> Earth Advantage (<a href="https://www.earthadvantage.org/">https://www.earthadvantage.org/</a>)
<bullet> Earthcraft Gold or Platinum (<a href="https://earthcraft.org/programs/earthcraft-house/">https://earthcraft.org/programs/earthcraft-house/</a>)
<bullet> Green Communities program by the Enterprise Community Partners
(2020 Criteria, EGC + Zero Ready/Phius) (<a href="https://www.enterprisecommunity.org/solutions-and-innovation/green-communities">https://www.enterprisecommunity.org/solutions-and-innovation/green-communities</a>)
<bullet> Greenpoint Gold or Platinum (<a href="https://www.greenpointrated.com/greenpoint-rated/">https://www.greenpointrated.com/greenpoint-rated/</a>)
<bullet> The National Green Building Standard (-GBS)--Multifamily and
Mixed Use (four levels of base certification, plus *NGBS Green + NET
ZERO ENERGY CERTIFICATION) (<a href="https://www.homeinnovation.com/services/certification/green_homes/multifamily_certification">https://www.homeinnovation.com/services/certification/green_homes/multifamily_certification</a>)
<bullet> International Living Future Institute (ILFI) Living Building
Challenge (LBC 4.0--Core Building Certification, *Zero Energy, *Zero
Carbon) (<a href="https://living-future.org/lbc/">https://living-future.org/lbc/</a>)
<bullet> LEED V4 Homes and Multifamily Midrise, or LEED BD+C: Homes and
Multifamily Lowrise LEED BD+C: Multifamily Midrise (four levels of
certification, plus *LEED Zero) (<a href="https://www.usgbc.org/resources/leed-v4-homes-and-multifamily-midrise-current-version">https://www.usgbc.org/resources/leed-v4-homes-and-multifamily-midrise-current-version</a>)
<bullet> Passive House Institute US, Inc. (Phius Core, *Phius Zero)
(<a href="https://multifamily.phius.org/service-category/phius-within-reach">https://multifamily.phius.org/service-category/phius-within-reach</a>)

(b) Water Conservation (1 point). One point will be awarded for
xeriscaping of site landscaping and/or water conservation in irrigation
measures to include a recycled water (gray water or storm water) for
landscape irrigation covering 50 percent or more of the property's site
landscaping needs. To receive points, the architect or consulting
landscape architect must illustrate in narrative, draft specifications,
and schematic drawings how this will be achieved.
(c) Property Management Credentials (1 point). One point will be
awarded if the designated property management company or individuals
that will assume maintenance and operation 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
Leadership in Energy and Environmental Design (USGBC LEED) for
Operations and Maintenance, or another source with a certifiable
credentialing program. To receive points, credentialing must be
illustrated in the resume(s) of the property management team and
included with the application.
All projects awarded scoring points for energy initiatives will be
required to enroll the project in the EPA Portfolio Manager program and
the associated EPA Water Score program to track post construction
energy consumption data as well as water usage. More information about
this program may be found at: <a href="https://www.energystar.gov/buildings/benchmark">https://www.energystar.gov/buildings/benchmark</a>.
(9) Leveraging Other Funding Sources (up to 15 points). Points will
be allocated for applications that leverage other funds based on the
percentage of leveraged funds. . Leveraged funds are defined as non-
Section 514/515/516/MPR funds, including third-party funds from equity,
grants, loans and deferred developer fees. Points are calculated as
follows:

(a) Leveraged funds/TDC is greater than 50%: 15 points
(b) Leveraged funds/TDC is 26-50%: 10 points
(c) Leveraged funds/TDC is 11-25%: 5 points

(10) Projects Providing Access to Supportive Services for Tenants
(5 points). Points are awarded to projects that employ a Service
Coordinator, documented as a project expense in the most recent agency-
approved Form RD 3560-7 Multifamily Housing Project Budget/Utility
Allowance, or include units designated as permanent supportive units or
for homeless households, documented by an agreement with another
Federal or State funding source. To receive points, the applicant must
describe the basis for claiming points (i.e., service coordinator and/
or permanent supportive housing/homeless unit set-aside) and provide
documentation to include the Form 3560-7 and/or an agreement describing
the terms and conditions for the units designated as permanent
supportive housing or for homeless households, as applicable.

[[Page 79240]]

(11) Creating More and Better Markets: Assisting rural communities
to recover economically through more and better market opportunities
through improved infrastructure. (5 points). Applicants receive
priority points if the project is located in or serving a rural
community whose economic well-being ranks in the most distressed tier
of the Distressed Communities Index. The Distressed Communities Index
provides a score between 1-100 for every community at the zip code
level. The most distressed tier of the index are those communities with
a score over 80. Applicants should use the Distressed Communities Index
Look-Up Map to determine if the project qualifies for priority points.
Provide a copy of the map showing the project is eligible to claim
points.

Note: U.S. Territories are considered distressed and qualify
for priority points. For additional information on data sources used
for this priority determination, please download the Data Sources
for Rural Development Priorities document at the website: <a href="https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf">https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf</a>. Additional information
for priority points can be found on the following website: <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.

(12) Advancing Racial Justice, Place-Based Equity, and Opportunity:
Ensuring all rural residents have equitable access to RD programs and
benefits from RD funded projects. (5 points). Applicants receive
priority points if the project is located in or serving a community
with a score of 0.75 or above on the Centers for Disease Control and
Prevention (CDC) Social Vulnerability Index. Applicants should use
Social Vulnerability Index Map look up map or list to determine if the
project qualifies for points. Provide a copy of the map showing the
project is eligible to claim points. Applications from Federally
Recognized Tribes, including Tribal instrumentalities and entities that
are wholly owned by Tribes will receive points. Federally Recognized
Tribes are classified as any Indian or Alaska Native Tribe, band,
nation, pueblo, village, or community as defined by the Federally
Recognized Indian Tribe List Act (List Act) of 1994 (Pub. L. 103-454).
Please refer to the Bureau of Indian Affairs for a listing of Federally
Recognized Tribes at 89 FR 944 (January 8, 2024) (<a href="https://www.federalregister.gov/documents/2024/01/08/2024-00109/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of">https://www.federalregister.gov/documents/2024/01/08/2024-00109/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of</a>). Additionally, projects where at least 50% of
the project beneficiaries are members of Federally Recognized Tribes,
will receive points if applications from non-Tribal applicants include
a Tribal Resolution of Consent from the Tribe or Tribes that the
applicant is proposing to serve. Note: U.S. Territories are considered
socially vulnerable and qualify for points.
An applicant would receive priority points if the project is an
application from or benefiting a Rural Partner's Network's (RPN)
community network. Currently RPN Networks exist in Alaska, Arizona,
Georgia, Kentucky, Mississippi, Nevada, New Mexico, North Carolina,
Puerto Rico, West Virginia, and Wisconsin. Use the Community Look-Up
map available at <a href="http://www.rd.usda.gov/priority-points">www.rd.usda.gov/priority-points</a> to determine if your
project qualifies. Please provide a map or other documentation showing
that the project is located in an RPN community network.
For additional information on data sources used for this priority
determination, please download the Data Sources for Rural Development
Priorities document at the website: <a href="https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf">https://www.rd.usda.gov/media/file/download/rd-ic-prioritiesdatasupplementalupdatedfy2024.pdf</a>. Additional
information for priority points can be found on the following website:
<a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>.
(13) Addressing Climate Change and Environmental Justice: Reducing
climate pollution and increasing resilience to the impacts of climate
change through economic support for rural communities (5 points).
Applicants can receive points through one of the options listed below.
A maximum of 5 points can be received even if the applicant meets the
requirements for both options.
Option 1: Points will be awarded if the project is located in or
serves a Disadvantaged Community as defined by the Climate and Economic
Justice Screening Tool (CEJST), from the White House Council on
Environmental Quality (CEQ). CEJST is a tool to help Federal agencies
identify disadvantaged communities that will benefit from programs
included in the Justice40 initiative. Census tracts are considered
disadvantaged if they meet the thresholds for at least one of the
CEJST's eight (8) categories of burden: Climate, Energy, Health,
Housing, Legacy Pollution, Transportation, Water and Wastewater, or
Workforce Development.
Option 2: Points will be awarded if the project is located in or
serves an Energy Community as defined by the Inflation Reduction Act
(IRA). The IRA defines energy communities as:
<bullet> A ``brownfield site'' (as defined in certain subparagraphs
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA)).
<bullet> A ``metropolitan statistical area'' or ``non-metropolitan
statistical area'' that has (or had at any time after 2009).
<bullet> 0.17% or greater direct employment or 25% or greater local
tax revenues related to the extraction, processing, transport, or
storage of coal, oil, or natural gas, and has an unemployment rate at
or above the national average unemployment rate for the previous year.
<bullet> A census tract (or directly adjoining census tract) in
which a coal mine has closed after 1999, or in which a coal-fired
electric generating unit has been retired after 2009.
To determine if your project qualifies for points under Option 1 or
Option 2, please use the Disadvantaged Community & Energy Community
Look-Up Map on the following website: <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>. Provide a copy of the map showing the project is eligible to
claim points.

K. Federal Award Administration Information

1. Federal Award Notices

Successful applicants will receive notification by email for
funding from the USDA Rural Development Office of Multifamily Housing.
Applicants must comply with all applicable statutes and regulations
before the award will be approved. Receipt of an award letter does not
serve to authorize the applicant to commence performance under the
award. Award letters will include conditions that must be met prior to
award closing. Unsuccessful applications will receive notification by
email, detailing why the application was unsuccessful.

2. Administrative and National Policy Requirements

There are no known unusual Administrative and National Policy
Requirements associated with this program under this Notice.

3. Reporting

Performance reporting, including applicable forms, narratives, and
other documentation, are to be completed and submitted in accordance
with the provisions of 7 CFR 3560.308 and the Grant Agreement.
Borrowers must maintain separate financial records for the
operation and maintenance of the project and for tenant services.
Tenant services will not be funded by RHS. Funds allocated to the
operation and maintenance of the project may not be used to supplement

[[Page 79241]]

the cost of tenant services, nor may tenant service funds be used to
supplement the project operation and maintenance. Detailed financial
reports regarding tenant services will not be required unless
specifically requested by RHS, and then only to the extent necessary
for RHS and the borrower to discuss the affordability (and
competitiveness) of the service provided to the tenant. The project
audit, or verification of accounts on Form RD 3560-10, ``Borrower
Balance Sheet,'' together with an accompanying Form RD 3560-7,
``Multiple Family Housing Project Budget/Utility Allowance,'' must
allocate revenue and expenses between project operations and the tenant
services component.

L. Federal Awarding Agency Contact(s)

For general questions about this announcement, please contact
Jonathan D. Bell, Director, Processing and Report Review Branches,
Production and Preservation Division, MFH, RD, USDA, via email:
<a href="/cdn-cgi/l/email-protection#b5f8f3fdc5c7dad6d0c6c6dcdbd284f5c0c6d1d49bd2dac3">[email&#160;protected]</a> or telephone: (202) 205-9217.

M. Build America, Buy America

Funding to Non-Federal Entities: For-profit entities and other
entities not included in the definition of Non-Federal Entities,
defined pursuant to 2 CFR 200.1, are not subject to the Build America,
Buy America Act (BABAA). The Infrastructure Investment and Jobs Act
(IIJA) (Pub. L. 117-58), requires the following Buy America preference
for the Multifamily Housing Revitalization Demonstration Program (MPR)
(Assistance Listing 10.447) and the Section 515 Direct Loan program:
(a) All iron and steel used in the project are produced in the
United States. This means all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the
United States.
(b) All manufactured products used in the project are produced in
the United States. This means the manufactured product was manufactured
in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation.
(c) All construction materials are manufactured in the United
States. This means that all manufacturing processes for the
construction material occurred in the United States.
Awards under this announcement for infrastructure projects to non-
Federal entities, defined pursuant to 2 CFR 200.1 as any State, local
government, Indian Tribe, Institution of Higher Education, or nonprofit
organization, shall be governed by the requirements of Section 70914 of
BABAA within the IIJA, and its implementing regulations. Infrastructure
projects include structures, facilities, and equipment that generate,
transport, and distribute fuel or energy, including electric vehicle
(EV) charging stations. Infrastructure projects also include
structures, facilities, and equipment for roads, highways, and bridges;
public transportation; dams, ports, harbors, and other maritime
facilities; intercity passenger and freight railroads; freight and
intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property.
In accordance with BABAA, however, USDA has determined that de
minimis, small grants, and minor components shall be waived from the
requirements of BABAA, pursuant to a public interest waiver that was
granted to the Department on September 13, 2022. Under such waiver,
small grants below the Simplified Acquisition Threshold, which is
currently set at $250,000 shall not be subject to BABAA. Additionally,
de minimis and minor components, as described in the Department waiver,
are also not subject to BABAA.
Applicants and projects that are subject to BABAA may request other
specific waivers, pursuant to the requirements posted at the USDA
Office of the Chief Financial Officer Office website: <a href="https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver">https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver</a>.

N. Other Information

(a) Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35), the information
collection requirements associated with the programs, as covered in
this Notice, have been approved by the Office of Management and Budget
(OMB) under OMB Control Number 0570-0190.
(b) National Environmental Policy Act. All recipients under this
Notice are subject to the requirements of 7 CFR part 1970.
(c) Federal Funding Accountability and Transparency Act. All
applicants, in accordance with 2 CFR part 25 (<a href="https://www.ecfr.gov/current/title-2/part-25">https://www.ecfr.gov/current/title-2/part-25</a>), must be registered in SAM and have a UEI
number as stated in ``GENERAL SECTION'' of this Notice. All recipients
of Federal financial assistance are required to report information
about first-tier sub-awards and executive total compensation in
accordance with 2 CFR part 170 (<a href="https://www.ecfr.gov/current/title-2/part-170">https://www.ecfr.gov/current/title-2/part-170</a>).
(d) Debarment and Suspension. Applicants are not eligible if they
have been debarred or suspended or otherwise excluded from, or
ineligible for, participation in Federal assistance programs under 2
CFR parts 180 and 417. The Applicant will be required to comply with
the requirement in 2 CFR 180.335.
(e) Civil Rights Act. All grants made under this Notice are subject
to title VI of the Civil Rights Act of 1964 as required by the USDA (7
CFR part 15, subpart A, and section 504 of the Rehabilitation Act of
1973, title VIII of the Civil Rights Act of 1968, title IX, Executive
Order 13166 (Limited English Proficiency), Executive Order 11246, and
the Equal Credit Opportunity Act of 1974.
(f) Non-Discrimination Policy. In accordance with Federal civil
rights laws and USDA civil rights regulations and policies, the USDA,
its Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office or the 711 Federal
Relay Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.usda.gov/sites/default/files/documents/ad-3027.pdf">https://www.usda.gov/sites/default/files/documents/ad-3027.pdf</a>, from any USDA office, by calling (866)
632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant's name, address, telephone number, and a
written description of the

[[Page 79242]]

alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#bfefcdd0d8cdded291f6d1cbded4daffcaccdbde91d8d0c9">[email&#160;protected]</a>.
USDA is an equal opportunity provider, employer, and lender.

Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-22177 Filed 9-24-24; 4:15 pm]
BILLING CODE 3410-XV-P

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