82_FR_34766 82 FR 34624 - Notice of Solicitation of Applications for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2017

82 FR 34624 - Notice of Solicitation of Applications for Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2017

DEPARTMENT OF AGRICULTURE
Rural Housing Service

Federal Register Volume 82, Issue 142 (July 26, 2017)

Page Range34624-34630
FR Document2017-15626

The Rural Housing Service (RHS) announces the timeframe to submit pre-applications for Section 514 Farm Labor Housing (FLH) loans and Section 516 FLH grants for the construction of new off-farm FLH units and related facilities for domestic farm laborers and for the purchase and substantial rehabilitation of an existing non-FLH property. The intended purpose of these loans and grants is to increase the number of available housing units for domestic farm laborers. This Notice describes the method used to distribute funds, the application process, and submission requirements. RHS will publish on its Web site, http://www.rd.usda.gov/programs- services/farm-labor-housing-direct-loans-grants, the amount of funding available in Fiscal Year (FY) 2017 based on current appropriations. The Agency will assign additional points to pre-applications for projects based in or serving census tracts with poverty rates greater than or equal to 20 percent over the last 30 years. This emphasis will support Rural Development's mission of improving the quality of life for rural Americans and commitment to directing resources to those who most need them.

Federal Register, Volume 82 Issue 142 (Wednesday, July 26, 2017)
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34624-34630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15626]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Solicitation of Applications for Section 514 Farm Labor 
Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm 
Housing for Fiscal Year 2017

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Housing Service (RHS) announces the timeframe to 
submit pre-applications for Section 514 Farm Labor Housing (FLH) loans 
and Section 516 FLH grants for the construction of new off-farm FLH 
units and related facilities for domestic farm laborers and for the 
purchase and substantial rehabilitation of an existing non-FLH 
property. The intended purpose of these loans and grants is to increase 
the number of available housing units for domestic farm laborers. This 
Notice describes the method used to distribute funds, the application 
process, and submission requirements.
    RHS will publish on its Web site, http://www.rd.usda.gov/programs-services/farm-labor-housing-direct-loans-grants, the amount of funding 
available in Fiscal Year (FY) 2017 based on current appropriations.
    The Agency will assign additional points to pre-applications for 
projects based in or serving census tracts with poverty rates greater 
than or equal to 20 percent over the last 30 years. This emphasis will 
support Rural Development's mission of improving the quality of life 
for rural Americans and commitment to directing resources to those who 
most need them.

DATES: The deadline for receipt of all applications in response to this 
Notice is 5:00 p.m., local time to the appropriate Rural Development 
State Office on September 11, 2017. Rural Development will not consider 
any application that is received after the deadline unless the date and 
time is extended by another notice published in the Federal Register. 
Applicants intending to mail applications must provide sufficient time 
to permit delivery on or before the deadline. Acceptance by a post 
office or private mailer does not constitute delivery. Facsimile (FAX) 
and postage due applications will not be accepted.

ADDRESSES: Applicants wishing to submit an application in response to 
this Notice must contact the Rural Development State Office serving the 
State of the proposed off-FLH project in order to receive further 
information and copies of the application package. You may find the 
addresses and contact information for each State Office following this 
web link, http://www.rd.usda.gov/contact-us/state-offices. Rural 
Development will date and time stamp incoming applications to evidence 
timely receipt and, upon request, will provide the applicant with a 
written acknowledgment of receipt.

FOR FURTHER INFORMATION CONTACT: Mirna Reyes-Bible, Finance and Loan 
Analyst, Multi-Family Housing Preservation and Direct Loan Division, 
STOP 0781 (Room 1263-S), USDA Rural Development, 1400 Independence 
Avenue SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (this 
is not a toll free number.), or via email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Overview

    Federal Agency: Rural Housing Service.
    Funding Opportunity Title: NOSA for Section 514 Farm Labor Housing 
Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing 
for Fiscal Year 2017.
    Announcement Type: Solicitation of pre-applications from qualified 
applicants for FY 2017.
    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 
10.427.
    Due Date for Applications: September 11, 2017.

A. Federal Award Description

    Pre-applications will only be accepted through the date and time 
listed in this Notice. All awards are subject to availability of 
funding. Individual requests may not exceed $3 million (total loan and 
grant). No State may receive more than 30 percent of available FLH 
funding available in FY 2017.
    If there are insufficient applications from around the country to 
exhaust Sections 514 and 516 funds available, the Agency may then 
exceed the 30 percent cap per State. Section 516 off-farm FLH grants 
may not exceed 90 percent of the total development cost (TDC) of the 
housing as defined in 7 CFR 3560.11.
    If leveraged funds are going to be used and are in the form of tax 
credits, the applicant must include in its pre-application written 
evidence that a tax credit application has been submitted and accepted 
by the Housing Finance Agency (HFA). All applications that will receive 
any leveraged funds must have firm commitments in place within 12 
months of the issuance of a ``Notice of Pre-application Review 
Action,'' Handbook Letter 106 (3560). Applicants without written 
evidence that a tax credit application has been submitted and accepted 
by the HFA must certify in writing they will apply for tax credits to 
the HFA and obtain a firm commitment within 12 months of the issuance 
of a ``Notice of Pre-application Review Action.''
    Rental Assistance (RA) and operating assistance will be available 
for new construction in FY 2017. Operating assistance is explained at 7 
CFR 3560.574 and may be used in lieu of tenant-specific RA in off-FLH 
projects that serve migrant farm workers as defined in 7 CFR 3560.11, 
that are financed under Section 514 or Section 516 (h) of the Housing 
Act of 1949, as amended (42 U.S.C. 1484 and 1486(h) respectively), and 
otherwise meet the requirements of 7 CFR 3560.574.
    In order to maximize the use of our limited supply of FLH funds, if 
it is financially feasible we may contact eligible NOSA responses 
selected for an award in point score order starting with the higher 
scores, with proposals to

[[Page 34625]]

modify the transaction's proportions of grants and loan funds. In 
addition, if funds remain after the highest scoring eligible NOSA 
responses are selected for awards, we may contact those eligible 
responses not selected for awards, in point score order starting with 
the highest scores, to ascertain whether those respondents will accept 
those remaining funds.

B. Eligibility Information

1. Eligibility

    Housing Eligibility--Housing that is constructed with FLH loans 
and/or grants must meet Rural Development's design and construction 
standards contained in 7 CFR part 1924, subparts A and C. Once 
constructed, off-farm FLH must be managed in accordance with 7 CFR part 
3560. In addition, off-farm FLH must be operated on a non-profit basis 
and tenancy must be open to all qualified domestic farm laborers, 
regardless at which farm they work. Section 514(f)(3) of the Housing 
Act of 1949, as amended (42 U.S.C. 1484(f)(3)) defines domestic farm 
laborers to include any person regardless of the person's source of 
employment, who receives a substantial portion of his or her income 
from the primary production of agricultural or aqua cultural 
commodities in the unprocessed or processed stage, and also includes 
the person's family.
    Tenant Eligibility--Tenant eligibility is limited to persons who 
meet the definition of a ``disabled domestic farm laborer,'' or a 
``domestic farm laborer,'' or ``retired domestic farm laborer,'' as 
defined in 7 CFR 3560.11. Farm workers who are admitted to this country 
on a temporary basis under the Temporary Agricultural Workers (H-2A 
Visa) program are not eligible to occupy Sections 514/516 off-farm FLH.
    Applicant Eligibility--
    (a) To be eligible to receive a Section 516 grant for off-farm FLH, 
the applicant must be a broad-based non-profit organization, including 
community and faith-based organizations, a non-profit organization of 
farm workers, a Federally recognized Indian tribe, an agency or 
political subdivision of a State or local Government, or a public 
agency (such as a housing authority). The applicant must be able to 
contribute at least one-tenth of the TDC from non-Rural Development 
resources which can include leveraged funds.
    (b) To be eligible to receive a Section 514 loan for off-farm FLH, 
the applicant must be a broad-based non-profit organization, including 
community and faith-based organizations, a non-profit organization of 
farm workers, a Federally recognized Indian tribe, an agency or 
political subdivision of a State or local Government, a public agency 
(such as a housing authority), or a limited partnership which has a 
non-profit entity as its general partner, and
    (i) Be unable to provide the necessary housing from its own 
resources;
    (ii) Except for State or local public agencies and Indian tribes, 
be unable to obtain similar credit elsewhere at rates that would allow 
for rents within the payment ability of eligible residents.
    (iii) Broad-based non-profit organizations must have a membership 
that reflects a variety of interests in the area where the housing will 
be located.
    2. Cost Sharing or Matching--Section 516 grants for off-farm FLH 
may not exceed 90 percent of the TDC as provided in 7 CFR 
3560.562(c)(1).
    3. Other Requirements--The following requirements apply to loans 
and grants made in response to this Notice:
    (a) 7 CFR part 1901, subpart E, regarding equal opportunity 
requirements;
    (b) For grants only, 2 CFR parts 200 and 400, which establishes the 
uniform administrative and audit requirements for grants and 
cooperative agreements to State and local Governments and to non-profit 
organizations;
    (c) 7 CFR part 1901, subpart F, regarding historical and 
archaeological properties;
    (d) 7 CFR part 1970, regarding environmental review and 
documentation requirements;
    (e) 7 CFR part 3560, subpart L, regarding the loan and grant 
authorities of the off-farm FLH program;
    (f) 7 CFR part 1924, subpart A, regarding planning and performing 
construction and other development;
    (g) 7 CFR part 1924, subpart C, regarding the planning and 
performing of site development work;
    (h) For construction financed with a Section 516 grant, the 
provisions of the Davis-Bacon Act (40 U.S.C. 276(a)-276(a)-5) and 
implementing regulations published at 29 CFR parts 1, 3, and 5;
    (i) All other requirements contained in 7 CFR part 3560, regarding 
the Sections 514/516 off-farm FLH programs; and
    (j) Please note that grant applicants must obtain a Dun and 
Bradstreet Data Universal Numbering System (DUNS) number and maintain 
registration in the Central Contractor Registration (CCR) prior to 
submitting a pre-application pursuant to 2 CFR 25.200(b). In addition, 
an entity applicant must maintain registration in the CCR database at 
all times during which it has an active Federal award or an application 
or plan under consideration by the Agency. Similarly, all recipients of 
Federal financial assistance are required to report information about 
first-tier sub-awards 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).

C. Application and Submission Information

1. Pre-Application Submission

    The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a final application. 
Only those pre-applications or proposals that are selected for further 
processing will be invited to submit final applications. In the event 
that a proposal is selected for further processing and the applicant 
declines, the next highest ranked unfunded pre-application may be 
selected for further processing. All pre-applications for Sections 514 
and 516 funds must be filed with the appropriate Rural Development 
State Office and must meet the requirements of this Notice. Incomplete 
pre-applications will not be reviewed and will be returned to the 
applicant. No pre-application will be accepted after the deadline 
unless date and time are extended by another Notice published in the 
Federal Register.
    Pre-applications can be submitted either electronically using the 
FLH Pre-Application form found at http://www.rd.usda.gov/programs-services/farm-labor-housing-direct-loans-grants or in hard copy to the 
appropriate Rural Development Office where the project will be located. 
Follow the link to find the appropriate RD Office address for 
requesting and submitting pre-application at: http://www.rurdev.usda.gov/StateofficeAddresses.html. Applicants are strongly 
encouraged, but not required, to submit the pre-application 
electronically. The electronic form contains a button labeled ``Send 
Form.'' By clicking on the button, the applicant will see an email 
message window with an attachment that includes the electronic form the 
applicant filled out as a data file with a .pdf extension. In addition, 
an auto-reply acknowledgement will be sent to the applicant when the 
electronic Loan Proposal form is received by the Agency unless the 
sender has software that will block the receipt of the auto-reply 
email. The State Office will record pre-

[[Page 34626]]

applications received electronically by the actual date and time when 
all attachments are received at the State Office.
    Submission of the electronic Section 514 Loan Proposal form does 
not constitute submission of the entire proposal package which requires 
additional forms and supporting documentation as listed within this 
Notice. You may use one of the following three options for submitting 
the entire proposal package comprising of all required forms and 
documents. On the Loan Proposal form you can indicate the option you 
will be using to submit each required form and document.
    (a) Electronic Media Option. Submit all forms and documents as 
read-only Adobe Acrobat files on electronic media such as CDs, DVDs or 
USB drives. For each electronic device submitted, the applicant should 
include a Table of Contents of all documents and forms on that device. 
The electronic media should be submitted to the Rural Development State 
Office listed in this Notice where the property is located. Any forms 
and documents that are not sent electronically, including the check for 
credit reports, must be mailed to the Rural Development State Office.
    (b) Email Option. On the Loan Proposal form you will be asked for a 
submission email address. This email address will be used to establish 
a folder on the U.S. Department of Agriculture (USDA) server with your 
unique email address. Once the Loan Proposal form is processed, you 
will receive an additional email notifying you of the email address 
that you can use to email your forms and documents. Please Note: All 
forms and documents must be emailed from the same submission email 
address. This will ensure that all forms and documents that you send 
will be stored in the folder assigned to that email address. Any forms 
and documents that are not sent in via the email option must be 
submitted on an electronic media or in hard copy form to the Rural 
Development State Office.
    (c) Hard Copy Submission to the Rural Development State Office. If 
you are unable to send the proposal package electronically using either 
of the options listed above, you may send a hard copy of all forms and 
documents to the Rural Development State Office where the property is 
located. Hard copy pre-applications received on or before the deadline 
date will receive the close of business time of the day received as the 
receipt time. Hard copy pre-applications must be received by the 
submission deadline and no later than 5:00 p.m., local time, September 
11, 2017. Assistance for filing electronic and hard copy pre-
applications can be obtained from any Rural Development State Office.
    For electronic submissions, there is a time delay between the time 
it is sent and the time it is received depending on network traffic. As 
a result, last-minute submissions sent before the deadline date and 
time could well be received after the deadline date and time because of 
the increased network traffic. Applicants are reminded that all 
submissions received after the deadline date and time will be rejected, 
regardless of when they were sent.
    If a pre-application is accepted for further processing, the 
applicant must submit a complete, final application, acceptable to 
Rural Development prior to the obligation of Rural Development funds. 
If the pre-application is not accepted for further processing the 
applicant will be notified of appeal rights under 7 CFR part 11.

2. Pre-Application Requirements

    (a) The pre-application must contain the following:
    (1) A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    (i) Applicant's name.
    (ii) Applicant's Taxpayer Identification Number.
    (iii) Applicant's address.
    (iv) Applicant's telephone number.
    (v) Name of applicant's contact person, telephone number, and 
address.
    (vi) Amount of loan and/or grant requested.
    (vii) For grants of Federal financial assistance (including loans 
and grants, cooperative agreements, etc.), the applicant's Dun and 
Bradstreet Data Universal Numbering System (DUNS) number and 
registration in the CCR database in accordance with 2 CFR part 25. As 
required by the Office of Management and Budget (OMB), all grant 
applicants must provide a DUNS number when applying for Federal grants, 
on or after October 1, 2003. Organizations can receive a DUNS number at 
no cost by calling the dedicated toll-free number at (866) 705-5711 or 
via the internet at: http://www.dnb.com/. Additional information 
concerning this requirement can be obtained on the Grants.gov Web site 
at www.grants.gov. Similarly, applicants may register for the CCR at: 
https://www.uscontractorregistration.com/ or by calling (877) 252-2700.
    (2) Awards made under this Notice are subject to the provisions 
contained in an appropriation in FY 2017 that funds FLH.
    (3) A narrative verifying the applicant's ability to meet the 
eligibility requirements stated earlier in this Notice. If an applicant 
is selected for further processing, Rural Development will require 
additional documentation as set forth in a Conditional Commitment in 
order to verify the entity has the legal and financial capability to 
carry out the obligation of the loan.
    (4) Standard Form 424, ``Application for Federal Assistance,'' can 
be obtained at: http://www.grants.gov or from any Rural Development 
State Office listed in Section VII of this Notice.
    (5) For loan pre-applications, current (within 6 months of pre-
application date) financial statements 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.''

    (6) For loan pre-applications, a check for $24 from applicants made 
out to the U.S. Department of Agriculture. This will be used to pay for 
credit reports obtained by Rural Development.
    (7) Evidence that the applicant is unable to obtain credit from 
other sources. Letters from credit institutions which normally provide 
real estate loans in the area should be obtained and these letters 
should indicate the rates and terms upon which a loan might be 
provided. (Note: Not required from State or local public agencies or 
Indian tribes.)
    (8) If a FLH grant is desired, a statement concerning the need for 
a FLH grant. The statement should include preliminary estimates of the 
rents required with and without a grant.
    (9) A statement of the applicant's experience in operating labor 
housing or other rental housing. If the applicant's experience is 
limited, additional information should be provided to indicate how the 
applicant plans to compensate for this limited experience (i.e., 
obtaining assistance and advice of a management firm, non-profit group, 
public agency, or other organization which is experienced in rental 
management and will be available on a continuous basis).
    (10) A brief statement explaining the applicant's proposed method 
of operation and management (i.e., on-site manager, contract for 
management

[[Page 34627]]

services, etc.). As stated earlier in this Notice, the housing must be 
managed in accordance with the program's management regulation, 7 CFR 
part 3560 and tenancy is limited to ``disabled domestic farm 
laborers,'' ``domestic farm laborers,'' and ``retired domestic farm 
laborers,'' as defined in 7 CFR 3560.11.
    (11) Applicants must also provide:
    (i) A copy of, or an accurate citation to, the special provisions 
of State law under which they are organized, a copy of the applicant's 
charter, Articles of Incorporation, and by-laws;
    (ii) The names, occupations, and addresses of the applicant's 
members, directors, and officers; and
    (iii) If a member or subsidiary of another organization, the 
organization's name, address, and nature of business.
    (12) A preliminary market survey or market study to identify the 
supply and demand for farm labor housing in the market area. The market 
area must be clearly identified and may include only the area from 
which tenants can reasonably be drawn for the proposed project. 
Documentation must be provided to justify a need within the intended 
market area for the housing of ``domestic farm laborers,'' as defined 
in 7 CFR 3560.11. The documentation must take into account disabled and 
retired farm workers. The preliminary survey should address or include 
the following items:
    (i) The annual income level of farmworker families in the area and 
the probable income of the farm workers who will likely occupy the 
proposed housing;
    (ii) A realistic estimate of the number of farm workers who remain 
in the area where they harvest and the number of farm workers who 
normally migrate into the area. Information on migratory workers should 
indicate the average number of months the migrants reside in the area 
and an indication of what type of family groups are represented by the 
migrants (i.e., single individuals as opposed to families);
    (iii) General information concerning the type of labor intensive 
crops grown in the area and prospects for continued demand for farm 
laborers;
    (iv) The overall occupancy rate for comparable rental units in the 
area and the rents charged and customary rental practices for these 
units (i.e., will they rent to large families, do they require annual 
leases, etc.);
    (v) The number, condition, adequacy, rental rates and ownership of 
units currently used or available to farm workers;
    (vi) A description of the units proposed, including the number, 
type, size, rental rates, amenities such as carpets and drapes, related 
facilities such as a laundry room or community room and other 
facilities providing supportive services in connection with the housing 
and the needs of the prospective tenants such as a health clinic or day 
care facility, estimated development timeline, estimated TDC, and 
applicant contribution; and
    (vii) The applicant must also identify all other sources of funds, 
including the dollar amount, source, and commitment status. (Note: A 
Section 516 grant may not exceed 90 percent of the TDC of the housing.)
    (13) The applicant must submit a checklist, certification, and 
signed affidavit by the project architect or engineer, as applicable, 
for any energy programs listed in Section IV the applicant intends to 
participate in.
    (14) The following forms are required:
    (i) A prepared HUD Form 935.2A, ``Affirmative Fair Housing 
Marketing Plan (AFHM) Multi-Family Housing,'' in accordance with 7 CFR 
1901.203(c). The plan will reflect that occupancy is open to all 
qualified ``domestic farm laborers,'' regardless of which farming 
operation they work and that they will not discriminate on the basis of 
race, color, sex, age, disability, marital or familial status or 
National origin in regard to the occupancy or use of the units. The 
form can be found at: http://portal.hud.gov/hudportal/documents/huddoc?id=935-2a.PDF.
    (ii) A proposed operating budget utilizing Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance,'' can be 
found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.PDF.
    (iii) An estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost,'' can be found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.
    (iv) Form RD 3560-30, ``Certification of no Identity of Interest 
(IOI),'' can be found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF and Form RD 3560-31, ``Identity of 
Interest Disclosure/Qualification Certification,'' can be found at: 
http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF.
    (v) Form HUD 2530, ``Previous Participation Certification,'' can be 
found at: http://portal.hud.gov/hudportal/documents/huddoc?id=2530.pdf.
    (vi) If requesting RA or Operating Assistance, Form RD 3560-25, 
``Initial Request for Rental Assistance or Operating Assistance,'' can 
be found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-25.PDF.
    (vii) Form RD 400-4, ``Assurance Agreement,'' can be found at: 
http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF. Applicants for revitalization, repair, and rehabilitation 
funding are to apply through the Multifamily Housing Preservation and 
Revitalization (MPR) Demonstration Program.
    (viii) Evidence of compliance with Executive Order 12372. The 
applicant must send a copy of Form SF-424, ``Application for Federal 
Assistance'', to the applicant's State clearinghouse for 
intergovernmental review. If the applicant is located in a State that 
does not have a clearinghouse, the applicant is not required to submit 
the form. Applications from Federally recognized Indian tribes are not 
subject to this requirement.
    (15) Evidence of site control, such as an option contract or sales 
contract. In addition, a map and description of the proposed site, 
including the availability of water, sewer, and utilities and the 
proximity to community facilities and services such as shopping, 
schools, transportation, doctors, dentists, and hospitals.
    (16) Preliminary plans and specifications, including plot plans, 
building layouts, and type of construction and materials. The housing 
must meet Rural Development's design and construction standards 
contained in 7 CFR part 1924, subparts A and C and must also meet all 
applicable Federal, State, and local accessibility standards.
    (17) A supportive services plan, which describes services that will 
be provided on-site or made available to tenants through cooperative 
agreements with service providers in the community, such as a health 
clinic or day care facility. Off-site services must be accessible and 
affordable to farm workers and their families. Letters of intent from 
service providers are acceptable documentation at the pre-application 
stage.
    (18) A sources and uses statement which shows all sources of 
funding included in the proposed project. The terms and schedules of 
all sources included in the project should be included in the sources 
and uses statement.
    (19) A separate one-page information sheet listing each of the 
``Pre-Application Scoring Criteria,'' contained in this Notice, 
followed by a reference to the page numbers of all relevant material 
and documentation that is contained in the proposal that supports the 
criteria.

[[Page 34628]]

    (20) Applicants are encouraged, but not required, to include a 
checklist of all of the pre-application requirements and to have their 
pre-application indexed and tabbed to facilitate the review process;
    (21) Evidence of compliance with the requirements of the applicable 
State Housing Preservation Office (SHPO), and/or Tribal Historic 
Preservation Officer (THPO). A letter from the SHPO and/or THPO where 
the off-farm labor housing project is located, signed by their designee 
will serve as evidence of compliance.

D. Pre-Application Review Information

    1. Selection Criteria. Section 514 FLH loan funds and Section 516 
FLH grant funds will be distributed to States based on a national 
competition, as follows:
    (a) Rural Development State Office will accept, review, and score 
pre-applications in accordance with this Notice. The scoring factors 
are:
    (1) The presence of construction cost savings, including donated 
land and construction leverage assistance, for the units that will 
serve program-eligible tenants. The savings will be calculated as a 
percentage of the Rural Development TDC. The percentage calculation 
excludes any costs prohibited by Rural Development as loan expenses, 
such as a developer's fee. Construction cost savings includes, but is 
not limited to, funds for hard construction costs, and State or Federal 
funds which are applicable to construction costs. A minimum of 10 
percent cost savings is required to earn points; however, if the total 
percentage of cost savings is less than 10 percent and the proposal 
includes donated land, two points will be awarded for the donated land. 
To count as cost savings for purposes of the selection criteria, the 
applicant must submit written evidence from the third-party funder that 
an application for those funds has been submitted and accepted points 
will be awarded in accordance with the following table using rounding 
to the nearest whole number.

------------------------------------------------------------------------
                       Percentage                             Points
------------------------------------------------------------------------
75 or more..............................................              20
60-74...................................................              18
50-59...................................................              16
40-49...................................................              12
30-39...................................................              10
20-29...................................................               8
10-19...................................................               5
0-9.....................................................               0
------------------------------------------------------------------------

    (2) The presence of operational cost savings, such as tax 
abatements, non-Rural Development tenant subsidies or donated services 
are calculated on a per-unit cost savings for the sum of the savings. 
Savings must be available for at least 5 years and documentation must 
be provided with the application demonstrating the availability of 
savings for 5 years. To calculate the savings, take the total amount of 
savings and divide it by the number of units in the project that will 
benefit from the savings to obtain the per unit cost savings. For non-
Rural Development tenant subsidy, if the value changes during the 5-
year calculation, the applicant must use the lower of the non-Rural 
Development tenant subsidy to calculate per unit cost savings. For 
example, a 10-unit property with 100 percent designated farm labor 
housing units receiving $20,000 per year non-Rural Development subsidy 
yields a cost savings of $100,000 ($20,000 x 5 years); resulting to a 
$10,000 per-unit cost savings ($100,000/10 units). Use the following 
table to apply points:

------------------------------------------------------------------------
                  Per-unit cost savings                       Points
------------------------------------------------------------------------
Above $15,000...........................................              50
$10,001-$15,000.........................................              35
$7,501-$10,000..........................................              20
$5,001-$7,500...........................................              15
$3,501-$5,000...........................................              10
$2,001-$3,500...........................................               5
$1,000-$2,000...........................................               2
------------------------------------------------------------------------

    (3) Additional 10 points will be awarded to projects in persistent 
poverty counties. A county is considered persistently poor if 20 
percent or more of its population was living in poverty over the last 
30 years (measured by the 1990, 2000 decennial censuses and 2007-2011 
American Community Survey 5-year estimates).
    (4) Presence of tenant services.
    (i) Up to 25 points will be awarded based on the presence of and 
extent to which a tenant services plan exists that clearly outlines 
services that will be provided to the residents of the proposed 
project. These services may include, but are not limited to, 
transportation related services, on-site English as a Second Language 
(ESL) classes, move-in funds, emergency assistance funds, homeownership 
counseling, food pantries, after school tutoring, and computer learning 
centers.
    (ii) Two points will be awarded for each resident service included 
in the tenant services plan up to a maximum of 10 points. Plans must 
detail how the services are to be administered, who will administer 
them, and where they will be administered. All tenant service plans 
must include letters of intent that clearly state the service that will 
be provided at the project for the benefit of the residents from any 
party administering each service, including the applicant.
    (5) Energy Initiative Scoring Points (maximum 70 points)
    Properties may receive points for energy initiatives in the 
categories of energy conservation, energy generation, water 
conservation and green property management. Depending on the scope of 
work (SOW), properties may earn ``energy initiative'' points (up to a 
maximum of 70 points) in either one of two categories: (1) New 
Construction or (2) Purchase and Rehabilitation of an Existing Non-Farm 
Labor Housing Building. Projects will be eligible for one category of 
the two, but not both.
    Energy programs including LEED for Homes, Green Communities, etc., 
will each have an initial checklist indicating prerequisites for 
participation in its energy program. The applicable energy program 
checklist will establish whether prerequisites for the energy program's 
participation will be met. All checklists must be accompanied by a 
signed affidavit by the project architect or engineer stating that the 
goals are achievable and the project has been enrolled in these 
programs if enrollment is applicable to that program. In addition, 
projects that apply for points under the energy generation category 
must include calculations of savings of energy. Compare property energy 
usage of three scenarios: (1) Property built to required code of State 
with no renewables, to (2) property as-designed with commitments to 
stated energy conservation programs without the use of renewables and 
(3) property as-designed with commitments to stated energy conservation 
programs and the use of proposed renewables. Use local average metrics 
for weather and utility costs and detail savings in kWh and dollars. 
Provide payback calculations. These calculations must be done by a 
licensed engineer or credentialed renewable energy provider. Include 
with application, the provider/engineer's credentials including 
qualifications, recommendations, and proof of previous work. The 
checklist, affidavit, calculations and qualifications of engineer/
energy provider must be submitted together with the loan application.
    Enrollment in EPA Portfolio Manager Program. All projects awarded 
scoring points for energy initiatives must enroll the project in the 
EPA Portfolio Manager program to track post-construction energy 
consumption data. More information about this program may be found at: 
http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/use-portfolio-manager.
    (i) Energy Conservation for New Construction or Purchase and

[[Page 34629]]

Rehabilitation of an Existing Non-Farm Labor Housing Building (maximum 
55 points). Projects may be eligible for up to 55 points when the pre-
application includes a written certification by the applicant to 
participate and achieve certification in the following energy 
efficiency programs.
    The points will be allocated as follows:
     Participation in the EPA's Energy Star for Homes V3 
program. (20 points) http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.pt_bldr.
    OR
     Participation in the Green Communities program by the 
Enterprise Community Partners. (30 points) http://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities.
    OR
     Participation in one of the following two programs will be 
awarded points for certification.

    Note: Each program has four levels of certification. State the 
level of certification that the applicant plans will achieve in 
their certification:

     LEED for Homes program by the United States Green Building 
Council (USGBC): http://www.usgbc.org.

--Certified Level (30 points), OR
--Silver Level (35 points), OR
--Gold Level (40 points), OR
--Platinum Level (45 points)

    Applicant must state the level of certification that the 
applicant's plans will achieve in their certification in its pre-
application.
    OR
     Home Innovation's and The National Association of Home 
Builders (NAHB) ICC 700 National Green Building Standard TM: http://www.nahb.org/.

--Green-Bronze Level (30 points), OR
--Silver Level (35 points), OR
--Gold Level (40 points), OR
--Emerald Level (45 points).

    Applicant must state the level of certification that the 
applicant's plans will achieve in their certification in its pre-
application.
    AND
     Participation in the Department of Energy's Zero Energy 
Ready program. (8 points) http://www.energy.gov/eere/buildings/zero-energy-ready-home.
    AND
     Participation in local green/energy efficient building 
standards. Applicants who participate in a city, county or municipality 
program, will receive an additional 2 points.
    (ii) Energy Conservation for Rehabilitation (maximum 55 points). 
Pre-applications for the purchase and rehabilitation of non-program MFH 
and related facilities in rural areas may be eligible to receive 55 
points when the pre-application includes a written certification by the 
applicant to participate in one of the following energy efficiency 
programs. Again, the certification must be accompanied by a signed 
affidavit by the project architect or engineer stating that the goals 
are achievable. Points will be award as follows:
     Participation in the Green Communities program by the 
Enterprise Community Partners (53 points) http://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities. At least 30 percent of the points needed to qualify for 
the Green Communities program must be earned under the Energy 
Efficiency section of Green Communities.
    AND
     Participation in local green/energy efficient building 
standards. Applicants who participate in a city, county or municipality 
program, will receive an additional 2 points. The applicant should be 
aware of and look for additional requirements that are sometimes 
embedded in the third-party program's rating and verification systems. 
(2 points)
    (iii) Energy Generation (maximum 7 points). Pre-applications for 
new construction or purchase and rehabilitation of non-program multi-
family projects which participate in the above mentioned programs and 
receive at least 20 points in the point allocations above are eligible 
to earn additional points for installation of on-site renewable energy 
sources. Energy analysis of preliminary building plans using industry-
recognized simulation software must document the projected total energy 
consumption of all of the building components and building site usage. 
Projects with an energy analysis of the preliminary or rehabilitation 
building plans that propose a 10 percent to 100 percent energy 
generation commitment (where generation is considered to be the total 
amount of energy needed to be generated on-site to make the building a 
net-zero consumer of energy) will be awarded points as follows:
     0 to 9 percent commitment to energy generation receives 0 
points.
     10 to 20 percent commitment to energy generation receives 
1 point.
     21 to 40 percent commitment to energy generation receives 
2 points.
     41 to 60 percent commitment to energy generation receives 
3 points.
     61 to 80 percent commitment to energy generation receives 
4 points.
     81-100 percent or more commitment to energy generation 
receives 5 points.
    Projects may participate in Power Purchase Agreements or Solar 
Leases to achieve their on-site renewable energy generation goals 
provided that the financial obligations of the lease/purchase 
agreements are clearly documented and included in the application, and 
qualifying ratios continue to be achieved.
    An additional (2) points will be awarded for off-grid systems, or 
elements of systems, provided that at least 5 percent of on-site 
renewable system is off-grid. See www.dsireusa.org for State and local 
specific incentives and regulations of energy initiatives.
    (iv) Water Conservation in Irrigation Measures (maximum 3 points). 
Projects may be awarded 3 points for the use of an engineered recycled 
water (gray water or storm water) for landscape irrigation covering 50 
percent or more of the property's site landscaping needs.
    (v) Property Management Credentials (maximum 5 points). Projects 
may be awarded an additional 5 points if the designated property 
management company or individuals that will assume maintenance and 
operations responsibilities upon completion of construction work have a 
Credential for Green Property Management. Credentialing can be obtained 
from the National Apartment Association (NAA), National Affordable 
Housing Management Association, The Institute for Real Estate 
Management, U.S. Green Building Council's Leadership in Energy and 
Environmental Design for Operations and Maintenance (LEED OM), or 
another source with a certifiable credentialing program. Credentialing 
must be illustrated in the resume(s) of the property management team 
and included with the pre-application.
    The National Office will rank all pre-applications nationwide and 
distribute funds to States in rank order, within funding and RA limits. 
When proposals have an equal score, preference will be given first to 
Indian tribes as defined in Sec.  3560.11 and then local non-profit 
organizations or public bodies whose principal purposes include low-
income housing that meet the conditions of Sec.  3560.55(c) and the 
following conditions:
     Is exempt from Federal income taxes under section 
501(c)(3) or 501(c)(4) of the Internal Revenue code;
     Is not wholly or partially owned or controlled by a for-
profit or limited-profit type entity;
     Whose members, or the entity, do not share an identity of 
interest with a for-profit or limited-profit type entity;

[[Page 34630]]

     Is not co-venturing with another entity; and
     The entity or its members will not be receiving any direct 
or indirect benefits pursuant to Low Income Housing Tax Credits.
    If there are two or more applications that have the same score and 
both cannot be funded, a lottery in accordance with 7 CFR 3560.56(c) 
(2) will be used to break the tie. If insufficient funds or RA remain 
for the next ranked proposal, that applicant will be given a chance to 
modify their pre-application to bring it within remaining funding 
levels. This will be repeated for each next ranked eligible proposal 
until an award can be made or the list is exhausted.
    Rural Development will notify all applicants whether their 
applications have been accepted or rejected and provide appeal rights 
under 7 CFR part 11, as appropriate.

E. Federal Award Administration Information

1. Federal Award Notices

    Loan applicants must submit their initial applications by the due 
date specified in this Notice. Once the applications have been scored 
and ranked by the National Office, the National Office will advise 
State Offices of the proposals selected for further processing, State 
Offices will respond to applicants by letter.
    If the application is not accepted for further processing, the 
applicant will be notified of appeal rights under 7 CFR part 11.

2. Administrative and National Policy

    All Farm Labor Housing loans and grants are subject to the 
restrictive-use provisions contained in 7 CFR 3560.72(a) (2).

3. Reporting

    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 Rural Development. Funds 
allocated to the operation and maintenance of the project may not be 
used to supplement 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 Rural Development, and then 
only to the extent necessary for Rural Development 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 expense between project 
operations and the service component.

F. Equal Opportunity and Non-Discrimination Requirements

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and 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.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARTET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office 
or write a letter addressed to USDA and provide in the letter all of 
the information requested in the form. To request a copy of a complaint 
form, call, (866) 632-9992. Submit your completed form or letter 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;
    (2) Fax: (202) 690-7442; or
    (3) Email at: [email protected].
    USDA is an equal opportunity provider, employer, and lender.
    Exceptions to Including the Full USDA Non-Discrimination Statement.
    If the size of the material is too small to include the full 
statement, the material will at a minimum, include the following 
statement in print in the same size as the text:
    ``USDA is an equal opportunity provider, employer, and lender.'' 
Where appropriate, a recipient may state:
    ``This institution in an equal opportunity provider.''

    Dated: July 18, 2017.
Rich A. Davis,
Acting Administrator, Rural Housing Service.
[FR Doc. 2017-15626 Filed 7-25-17; 8:45 am]
 BILLING CODE 3410-XV-P



                                                  34624                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                  program information (e.g., Braille, large                   RHS will publish on its Web site,                  Grants for Off-Farm Housing for Fiscal
                                                  print, audiotape, American Sign                          http://www.rd.usda.gov/programs-                      Year 2017.
                                                  Language, etc.) should contact the                       services/farm-labor-housing-direct-                     Announcement Type: Solicitation of
                                                  responsible Agency or USDA’s TARGET                      loans-grants, the amount of funding                   pre-applications from qualified
                                                  Center at (202) 720–2600 (voice and                      available in Fiscal Year (FY) 2017 based              applicants for FY 2017.
                                                  TTY) or contact USDA through the                         on current appropriations.                              Catalog of Federal Domestic
                                                  Federal Relay Service at (800) 877–8339.                    The Agency will assign additional                  Assistance Numbers (CFDA): 10.405 and
                                                  Additionally, program information may                    points to pre-applications for projects               10.427.
                                                  be made available in languages other                     based in or serving census tracts with                  Due Date for Applications: September
                                                  than English.                                            poverty rates greater than or equal to 20             11, 2017.
                                                    To file a program discrimination                       percent over the last 30 years. This                  A. Federal Award Description
                                                  complaint, complete the USDA Program                     emphasis will support Rural                              Pre-applications will only be accepted
                                                  Discrimination Complaint Form, AD–                       Development’s mission of improving the                through the date and time listed in this
                                                  3027, found online at http://                            quality of life for rural Americans and               Notice. All awards are subject to
                                                  www.ascr.usda.gov/complaint_filing_                      commitment to directing resources to                  availability of funding. Individual
                                                  cust.html and at any USDA office or                      those who most need them.                             requests may not exceed $3 million
                                                  write a letter addressed to USDA and                     DATES: The deadline for receipt of all                (total loan and grant). No State may
                                                  provide in the letter all of the                         applications in response to this Notice               receive more than 30 percent of
                                                  information requested in the form. To                    is 5:00 p.m., local time to the                       available FLH funding available in FY
                                                  request a copy of the complaint form,                    appropriate Rural Development State                   2017.
                                                  call (866) 632–9992. Submit your                         Office on September 11, 2017. Rural                      If there are insufficient applications
                                                  completed form or letter to USDA by:                     Development will not consider any                     from around the country to exhaust
                                                    (1) By mail: U.S. Department of                        application that is received after the                Sections 514 and 516 funds available,
                                                  Agriculture, Office of the Assistant                     deadline unless the date and time is                  the Agency may then exceed the 30
                                                  Secretary for Civil Rights, 1400                         extended by another notice published in               percent cap per State. Section 516 off-
                                                  Independence Avenue SW.,                                 the Federal Register. Applicants                      farm FLH grants may not exceed 90
                                                  Washington, DC 20250–9410;                               intending to mail applications must                   percent of the total development cost
                                                    (2) Fax: (202) 690–7442; or                            provide sufficient time to permit                     (TDC) of the housing as defined in 7
                                                    (3) Email: program.intake@usda.gov.                    delivery on or before the deadline.                   CFR 3560.11.
                                                    USDA is an equal opportunity                           Acceptance by a post office or private                   If leveraged funds are going to be used
                                                  provider, employer, and lender.                          mailer does not constitute delivery.                  and are in the form of tax credits, the
                                                    Dated: July 18, 2017.                                  Facsimile (FAX) and postage due                       applicant must include in its pre-
                                                  Richard A. Davis,
                                                                                                           applications will not be accepted.                    application written evidence that a tax
                                                                                                           ADDRESSES: Applicants wishing to                      credit application has been submitted
                                                  Acting Administrator, Rural Housing Service.
                                                                                                           submit an application in response to                  and accepted by the Housing Finance
                                                  [FR Doc. 2017–15625 Filed 7–25–17; 8:45 am]
                                                                                                           this Notice must contact the Rural                    Agency (HFA). All applications that will
                                                  BILLING CODE 3410–XV–P
                                                                                                           Development State Office serving the                  receive any leveraged funds must have
                                                                                                           State of the proposed off-FLH project in              firm commitments in place within 12
                                                                                                           order to receive further information and              months of the issuance of a ‘‘Notice of
                                                  DEPARTMENT OF AGRICULTURE
                                                                                                           copies of the application package. You                Pre-application Review Action,’’
                                                  Rural Housing Service                                    may find the addresses and contact                    Handbook Letter 106 (3560). Applicants
                                                                                                           information for each State Office                     without written evidence that a tax
                                                  Notice of Solicitation of Applications                   following this web link, http://                      credit application has been submitted
                                                  for Section 514 Farm Labor Housing                       www.rd.usda.gov/contact-us/state-                     and accepted by the HFA must certify
                                                  Loans and Section 516 Farm Labor                         offices. Rural Development will date                  in writing they will apply for tax credits
                                                  Housing Grants for Off-Farm Housing                      and time stamp incoming applications                  to the HFA and obtain a firm
                                                  for Fiscal Year 2017                                     to evidence timely receipt and, upon                  commitment within 12 months of the
                                                                                                           request, will provide the applicant with              issuance of a ‘‘Notice of Pre-application
                                                  AGENCY:   Rural Housing Service, USDA.                                                                         Review Action.’’
                                                                                                           a written acknowledgment of receipt.
                                                  ACTION:   Notice.                                                                                                 Rental Assistance (RA) and operating
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 assistance will be available for new
                                                  SUMMARY:   The Rural Housing Service                     Mirna Reyes-Bible, Finance and Loan                   construction in FY 2017. Operating
                                                  (RHS) announces the timeframe to                         Analyst, Multi-Family Housing                         assistance is explained at 7 CFR
                                                  submit pre-applications for Section 514                  Preservation and Direct Loan Division,                3560.574 and may be used in lieu of
                                                  Farm Labor Housing (FLH) loans and                       STOP 0781 (Room 1263–S), USDA Rural                   tenant-specific RA in off-FLH projects
                                                  Section 516 FLH grants for the                           Development, 1400 Independence                        that serve migrant farm workers as
                                                  construction of new off-farm FLH units                   Avenue SW., Washington, DC 20250–                     defined in 7 CFR 3560.11, that are
                                                  and related facilities for domestic farm                 0781, telephone: (202) 720–1753 (this is              financed under Section 514 or Section
                                                  laborers and for the purchase and                        not a toll free number.), or via email:               516 (h) of the Housing Act of 1949, as
                                                  substantial rehabilitation of an existing                mirna.reyesbible@wdc.usda.gov.                        amended (42 U.S.C. 1484 and 1486(h)
                                                  non-FLH property. The intended                           SUPPLEMENTARY INFORMATION:                            respectively), and otherwise meet the
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                                                  purpose of these loans and grants is to                                                                        requirements of 7 CFR 3560.574.
                                                                                                           Overview
                                                  increase the number of available                                                                                  In order to maximize the use of our
                                                  housing units for domestic farm                            Federal Agency: Rural Housing                       limited supply of FLH funds, if it is
                                                  laborers. This Notice describes the                      Service.                                              financially feasible we may contact
                                                  method used to distribute funds, the                       Funding Opportunity Title: NOSA for                 eligible NOSA responses selected for an
                                                  application process, and submission                      Section 514 Farm Labor Housing Loans                  award in point score order starting with
                                                  requirements.                                            and Section 516 Farm Labor Housing                    the higher scores, with proposals to


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                            34625

                                                  modify the transaction’s proportions of                  Federally recognized Indian tribe, an                 application or plan under consideration
                                                  grants and loan funds. In addition, if                   agency or political subdivision of a State            by the Agency. Similarly, all recipients
                                                  funds remain after the highest scoring                   or local Government, a public agency                  of Federal financial assistance are
                                                  eligible NOSA responses are selected for                 (such as a housing authority), or a                   required to report information about
                                                  awards, we may contact those eligible                    limited partnership which has a non-                  first-tier sub-awards and executive
                                                  responses not selected for awards, in                    profit entity as its general partner, and             compensation in accordance with 2 CFR
                                                  point score order starting with the                        (i) Be unable to provide the necessary              part 170. So long as an entity applicant
                                                  highest scores, to ascertain whether                     housing from its own resources;                       does not have an exception under 2 CFR
                                                  those respondents will accept those                        (ii) Except for State or local public               170.110(b), the applicant must have the
                                                  remaining funds.                                         agencies and Indian tribes, be unable to              necessary processes and systems in
                                                                                                           obtain similar credit elsewhere at rates              place to comply with the reporting
                                                  B. Eligibility Information                               that would allow for rents within the                 requirements should the applicant
                                                  1. Eligibility                                           payment ability of eligible residents.                receive funding. See 2 CFR 170.200(b).
                                                                                                             (iii) Broad-based non-profit
                                                     Housing Eligibility—Housing that is                                                                         C. Application and Submission
                                                                                                           organizations must have a membership
                                                  constructed with FLH loans and/or                                                                              Information
                                                                                                           that reflects a variety of interests in the
                                                  grants must meet Rural Development’s
                                                                                                           area where the housing will be located.               1. Pre-Application Submission
                                                  design and construction standards                          2. Cost Sharing or Matching—Section
                                                  contained in 7 CFR part 1924, subparts                                                                            The application process will be in two
                                                                                                           516 grants for off-farm FLH may not
                                                  A and C. Once constructed, off-farm                                                                            phases: The initial pre-application (or
                                                                                                           exceed 90 percent of the TDC as
                                                  FLH must be managed in accordance                                                                              proposal) and the submission of a final
                                                                                                           provided in 7 CFR 3560.562(c)(1).
                                                  with 7 CFR part 3560. In addition, off-                    3. Other Requirements—The                           application. Only those pre-applications
                                                  farm FLH must be operated on a non-                      following requirements apply to loans                 or proposals that are selected for further
                                                  profit basis and tenancy must be open                    and grants made in response to this                   processing will be invited to submit
                                                  to all qualified domestic farm laborers,                 Notice:                                               final applications. In the event that a
                                                  regardless at which farm they work.                        (a) 7 CFR part 1901, subpart E,                     proposal is selected for further
                                                  Section 514(f)(3) of the Housing Act of                  regarding equal opportunity                           processing and the applicant declines,
                                                  1949, as amended (42 U.S.C. 1484(f)(3))                  requirements;                                         the next highest ranked unfunded pre-
                                                  defines domestic farm laborers to                          (b) For grants only, 2 CFR parts 200                application may be selected for further
                                                  include any person regardless of the                     and 400, which establishes the uniform                processing. All pre-applications for
                                                  person’s source of employment, who                       administrative and audit requirements                 Sections 514 and 516 funds must be
                                                  receives a substantial portion of his or                 for grants and cooperative agreements to              filed with the appropriate Rural
                                                  her income from the primary production                   State and local Governments and to                    Development State Office and must
                                                  of agricultural or aqua cultural                         non-profit organizations;                             meet the requirements of this Notice.
                                                  commodities in the unprocessed or                          (c) 7 CFR part 1901, subpart F,                     Incomplete pre-applications will not be
                                                  processed stage, and also includes the                   regarding historical and archaeological               reviewed and will be returned to the
                                                  person’s family.                                         properties;                                           applicant. No pre-application will be
                                                     Tenant Eligibility—Tenant eligibility                   (d) 7 CFR part 1970, regarding                      accepted after the deadline unless date
                                                  is limited to persons who meet the                       environmental review and                              and time are extended by another Notice
                                                  definition of a ‘‘disabled domestic farm                 documentation requirements;                           published in the Federal Register.
                                                  laborer,’’ or a ‘‘domestic farm laborer,’’                 (e) 7 CFR part 3560, subpart L,                        Pre-applications can be submitted
                                                  or ‘‘retired domestic farm laborer,’’ as                 regarding the loan and grant authorities              either electronically using the FLH Pre-
                                                  defined in 7 CFR 3560.11. Farm workers                   of the off-farm FLH program;                          Application form found at http://
                                                  who are admitted to this country on a                      (f) 7 CFR part 1924, subpart A,                     www.rd.usda.gov/programs-services/
                                                  temporary basis under the Temporary                      regarding planning and performing                     farm-labor-housing-direct-loans-grants
                                                  Agricultural Workers (H–2A Visa)                         construction and other development;                   or in hard copy to the appropriate Rural
                                                  program are not eligible to occupy                         (g) 7 CFR part 1924, subpart C,                     Development Office where the project
                                                  Sections 514/516 off-farm FLH.                           regarding the planning and performing                 will be located. Follow the link to find
                                                     Applicant Eligibility—                                of site development work;                             the appropriate RD Office address for
                                                     (a) To be eligible to receive a Section                 (h) For construction financed with a                requesting and submitting pre-
                                                  516 grant for off-farm FLH, the applicant                Section 516 grant, the provisions of the              application at: http://
                                                  must be a broad-based non-profit                         Davis-Bacon Act (40 U.S.C. 276(a)-                    www.rurdev.usda.gov/
                                                  organization, including community and                    276(a)-5) and implementing regulations                StateofficeAddresses.html. Applicants
                                                  faith-based organizations, a non-profit                  published at 29 CFR parts 1, 3, and 5;                are strongly encouraged, but not
                                                  organization of farm workers, a                            (i) All other requirements contained                required, to submit the pre-application
                                                  Federally recognized Indian tribe, an                    in 7 CFR part 3560, regarding the                     electronically. The electronic form
                                                  agency or political subdivision of a State               Sections 514/516 off-farm FLH                         contains a button labeled ‘‘Send Form.’’
                                                  or local Government, or a public agency                  programs; and                                         By clicking on the button, the applicant
                                                  (such as a housing authority). The                         (j) Please note that grant applicants               will see an email message window with
                                                  applicant must be able to contribute at                  must obtain a Dun and Bradstreet Data                 an attachment that includes the
                                                  least one-tenth of the TDC from non-                     Universal Numbering System (DUNS)                     electronic form the applicant filled out
                                                  Rural Development resources which can                    number and maintain registration in the               as a data file with a .pdf extension. In
mstockstill on DSK30JT082PROD with NOTICES




                                                  include leveraged funds.                                 Central Contractor Registration (CCR)                 addition, an auto-reply
                                                     (b) To be eligible to receive a Section               prior to submitting a pre-application                 acknowledgement will be sent to the
                                                  514 loan for off-farm FLH, the applicant                 pursuant to 2 CFR 25.200(b). In                       applicant when the electronic Loan
                                                  must be a broad-based non-profit                         addition, an entity applicant must                    Proposal form is received by the Agency
                                                  organization, including community and                    maintain registration in the CCR                      unless the sender has software that will
                                                  faith-based organizations, a non-profit                  database at all times during which it has             block the receipt of the auto-reply email.
                                                  organization of farm workers, a                          an active Federal award or an                         The State Office will record pre-


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                                                  34626                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                  applications received electronically by                  copy pre-applications can be obtained                    (3) A narrative verifying the
                                                  the actual date and time when all                        from any Rural Development State                      applicant’s ability to meet the eligibility
                                                  attachments are received at the State                    Office.                                               requirements stated earlier in this
                                                  Office.                                                     For electronic submissions, there is a             Notice. If an applicant is selected for
                                                     Submission of the electronic Section                  time delay between the time it is sent                further processing, Rural Development
                                                  514 Loan Proposal form does not                          and the time it is received depending on              will require additional documentation
                                                  constitute submission of the entire                      network traffic. As a result, last-minute             as set forth in a Conditional
                                                  proposal package which requires                          submissions sent before the deadline                  Commitment in order to verify the
                                                  additional forms and supporting                          date and time could well be received                  entity has the legal and financial
                                                  documentation as listed within this                      after the deadline date and time because              capability to carry out the obligation of
                                                  Notice. You may use one of the                           of the increased network traffic.                     the loan.
                                                  following three options for submitting                   Applicants are reminded that all                         (4) Standard Form 424, ‘‘Application
                                                  the entire proposal package comprising                   submissions received after the deadline               for Federal Assistance,’’ can be obtained
                                                  of all required forms and documents. On                  date and time will be rejected,                       at: http://www.grants.gov or from any
                                                  the Loan Proposal form you can indicate                  regardless of when they were sent.                    Rural Development State Office listed in
                                                  the option you will be using to submit                      If a pre-application is accepted for               Section VII of this Notice.
                                                  each required form and document.                         further processing, the applicant must                   (5) For loan pre-applications, current
                                                     (a) Electronic Media Option. Submit                   submit a complete, final application,                 (within 6 months of pre-application
                                                  all forms and documents as read-only                     acceptable to Rural Development prior                 date) financial statements with the
                                                  Adobe Acrobat files on electronic media                  to the obligation of Rural Development                following paragraph certified by the
                                                  such as CDs, DVDs or USB drives. For                     funds. If the pre-application is not                  applicant’s designated and legally
                                                  each electronic device submitted, the                    accepted for further processing the                   authorized signer:
                                                  applicant should include a Table of                      applicant will be notified of appeal                     ‘‘I/we certify the above is a true and
                                                  Contents of all documents and forms on                   rights under 7 CFR part 11.                           accurate reflection of our financial condition
                                                  that device. The electronic media                                                                              as of the date stated herein. This statement
                                                  should be submitted to the Rural                         2. Pre-Application Requirements                       is given for the purpose of inducing the
                                                  Development State Office listed in this                    (a) The pre-application must contain                United States of America to make a loan or
                                                  Notice where the property is located.                    the following:                                        to enable the United States of America to
                                                  Any forms and documents that are not                                                                           make a determination of continued eligibility
                                                                                                             (1) A summary page listing the                      of the applicant for a loan as requested in the
                                                  sent electronically, including the check                 following items. This information
                                                  for credit reports, must be mailed to the                                                                      loan application of which this statement is a
                                                                                                           should be double-spaced between items                 part.’’
                                                  Rural Development State Office.
                                                                                                           and not be in narrative form.
                                                     (b) Email Option. On the Loan                                                                                  (6) For loan pre-applications, a check
                                                  Proposal form you will be asked for a                      (i) Applicant’s name.
                                                                                                                                                                 for $24 from applicants made out to the
                                                  submission email address. This email                       (ii) Applicant’s Taxpayer                           U.S. Department of Agriculture. This
                                                  address will be used to establish a folder               Identification Number.                                will be used to pay for credit reports
                                                  on the U.S. Department of Agriculture                      (iii) Applicant’s address.                          obtained by Rural Development.
                                                  (USDA) server with your unique email                       (iv) Applicant’s telephone number.                     (7) Evidence that the applicant is
                                                  address. Once the Loan Proposal form is                    (v) Name of applicant’s contact                     unable to obtain credit from other
                                                  processed, you will receive an                           person, telephone number, and address.                sources. Letters from credit institutions
                                                  additional email notifying you of the                      (vi) Amount of loan and/or grant                    which normally provide real estate
                                                  email address that you can use to email                  requested.                                            loans in the area should be obtained and
                                                  your forms and documents. Please Note:                     (vii) For grants of Federal financial               these letters should indicate the rates
                                                  All forms and documents must be                          assistance (including loans and grants,               and terms upon which a loan might be
                                                  emailed from the same submission                         cooperative agreements, etc.), the                    provided. (Note: Not required from State
                                                  email address. This will ensure that all                 applicant’s Dun and Bradstreet Data                   or local public agencies or Indian
                                                  forms and documents that you send will                   Universal Numbering System (DUNS)                     tribes.)
                                                  be stored in the folder assigned to that                 number and registration in the CCR                       (8) If a FLH grant is desired, a
                                                  email address. Any forms and                             database in accordance with 2 CFR part                statement concerning the need for a FLH
                                                  documents that are not sent in via the                   25. As required by the Office of                      grant. The statement should include
                                                  email option must be submitted on an                     Management and Budget (OMB), all                      preliminary estimates of the rents
                                                  electronic media or in hard copy form                    grant applicants must provide a DUNS                  required with and without a grant.
                                                  to the Rural Development State Office.                   number when applying for Federal                         (9) A statement of the applicant’s
                                                     (c) Hard Copy Submission to the                       grants, on or after October 1, 2003.                  experience in operating labor housing or
                                                  Rural Development State Office. If you                   Organizations can receive a DUNS                      other rental housing. If the applicant’s
                                                  are unable to send the proposal package                  number at no cost by calling the                      experience is limited, additional
                                                  electronically using either of the options               dedicated toll-free number at (866) 705–              information should be provided to
                                                  listed above, you may send a hard copy                   5711 or via the internet at: http://                  indicate how the applicant plans to
                                                  of all forms and documents to the Rural                  www.dnb.com/. Additional information                  compensate for this limited experience
                                                  Development State Office where the                       concerning this requirement can be                    (i.e., obtaining assistance and advice of
                                                  property is located. Hard copy pre-                      obtained on the Grants.gov Web site at                a management firm, non-profit group,
                                                  applications received on or before the                   www.grants.gov. Similarly, applicants                 public agency, or other organization
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                                                  deadline date will receive the close of                  may register for the CCR at: https://                 which is experienced in rental
                                                  business time of the day received as the                 www.uscontractorregistration.com/ or                  management and will be available on a
                                                  receipt time. Hard copy pre-applications                 by calling (877) 252–2700.                            continuous basis).
                                                  must be received by the submission                         (2) Awards made under this Notice                      (10) A brief statement explaining the
                                                  deadline and no later than 5:00 p.m.,                    are subject to the provisions contained               applicant’s proposed method of
                                                  local time, September 11, 2017.                          in an appropriation in FY 2017 that                   operation and management (i.e., on-site
                                                  Assistance for filing electronic and hard                funds FLH.                                            manager, contract for management


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                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                            34627

                                                  services, etc.). As stated earlier in this               size, rental rates, amenities such as                 http://forms.sc.egov.usda.gov/
                                                  Notice, the housing must be managed in                   carpets and drapes, related facilities                efcommon/eFileServices/eForms/
                                                  accordance with the program’s                            such as a laundry room or community                   RD3560-25.PDF.
                                                  management regulation, 7 CFR part                        room and other facilities providing                      (vii) Form RD 400–4, ‘‘Assurance
                                                  3560 and tenancy is limited to ‘‘disabled                supportive services in connection with                Agreement,’’ can be found at: http://
                                                  domestic farm laborers,’’ ‘‘domestic                     the housing and the needs of the                      forms.sc.egov.usda.gov/efcommon/
                                                  farm laborers,’’ and ‘‘retired domestic                  prospective tenants such as a health                  eFileServices/eForms/RD400-4.PDF.
                                                  farm laborers,’’ as defined in 7 CFR                     clinic or day care facility, estimated                Applicants for revitalization, repair, and
                                                  3560.11.                                                 development timeline, estimated TDC,                  rehabilitation funding are to apply
                                                     (11) Applicants must also provide:                    and applicant contribution; and                       through the Multifamily Housing
                                                     (i) A copy of, or an accurate citation                   (vii) The applicant must also identify             Preservation and Revitalization (MPR)
                                                  to, the special provisions of State law                  all other sources of funds, including the             Demonstration Program.
                                                  under which they are organized, a copy                   dollar amount, source, and commitment                    (viii) Evidence of compliance with
                                                  of the applicant’s charter, Articles of                  status. (Note: A Section 516 grant may                Executive Order 12372. The applicant
                                                  Incorporation, and by-laws;                              not exceed 90 percent of the TDC of the               must send a copy of Form SF–424,
                                                     (ii) The names, occupations, and                      housing.)                                             ‘‘Application for Federal Assistance’’, to
                                                  addresses of the applicant’s members,                       (13) The applicant must submit a                   the applicant’s State clearinghouse for
                                                  directors, and officers; and                             checklist, certification, and signed                  intergovernmental review. If the
                                                     (iii) If a member or subsidiary of                    affidavit by the project architect or                 applicant is located in a State that does
                                                  another organization, the organization’s                 engineer, as applicable, for any energy               not have a clearinghouse, the applicant
                                                  name, address, and nature of business.                   programs listed in Section IV the                     is not required to submit the form.
                                                     (12) A preliminary market survey or                   applicant intends to participate in.                  Applications from Federally recognized
                                                  market study to identify the supply and                     (14) The following forms are required:             Indian tribes are not subject to this
                                                  demand for farm labor housing in the                        (i) A prepared HUD Form 935.2A,                    requirement.
                                                  market area. The market area must be                     ‘‘Affirmative Fair Housing Marketing                     (15) Evidence of site control, such as
                                                  clearly identified and may include only                  Plan (AFHM) Multi-Family Housing,’’ in                an option contract or sales contract. In
                                                  the area from which tenants can                          accordance with 7 CFR 1901.203(c). The                addition, a map and description of the
                                                  reasonably be drawn for the proposed                     plan will reflect that occupancy is open              proposed site, including the availability
                                                  project. Documentation must be                           to all qualified ‘‘domestic farm                      of water, sewer, and utilities and the
                                                  provided to justify a need within the                    laborers,’’ regardless of which farming               proximity to community facilities and
                                                  intended market area for the housing of                  operation they work and that they will                services such as shopping, schools,
                                                  ‘‘domestic farm laborers,’’ as defined in                not discriminate on the basis of race,                transportation, doctors, dentists, and
                                                  7 CFR 3560.11. The documentation                         color, sex, age, disability, marital or               hospitals.
                                                  must take into account disabled and                      familial status or National origin in                    (16) Preliminary plans and
                                                  retired farm workers. The preliminary                    regard to the occupancy or use of the                 specifications, including plot plans,
                                                  survey should address or include the                     units. The form can be found at: http://              building layouts, and type of
                                                  following items:                                         portal.hud.gov/hudportal/documents/                   construction and materials. The housing
                                                     (i) The annual income level of                        huddoc?id=935-2a.PDF.                                 must meet Rural Development’s design
                                                  farmworker families in the area and the                     (ii) A proposed operating budget                   and construction standards contained in
                                                  probable income of the farm workers                      utilizing Form RD 3560–7, ‘‘Multiple                  7 CFR part 1924, subparts A and C and
                                                  who will likely occupy the proposed                      Family Housing Project Budget/Utility                 must also meet all applicable Federal,
                                                  housing;                                                 Allowance,’’ can be found at: http://                 State, and local accessibility standards.
                                                     (ii) A realistic estimate of the number               forms.sc.egov.usda.gov/efcommon/                         (17) A supportive services plan,
                                                  of farm workers who remain in the area                   eFileServices/eForms/RD3560-7.PDF.                    which describes services that will be
                                                  where they harvest and the number of                        (iii) An estimate of development cost              provided on-site or made available to
                                                  farm workers who normally migrate into                   utilizing Form RD 1924–13, ‘‘Estimate                 tenants through cooperative agreements
                                                  the area. Information on migratory                       and Certificate of Actual Cost,’’ can be              with service providers in the
                                                  workers should indicate the average                      found at: http://forms.sc.egov.usda.gov/              community, such as a health clinic or
                                                  number of months the migrants reside                     efcommon/eFileServices/eForms/                        day care facility. Off-site services must
                                                  in the area and an indication of what                    RD1924-13.PDF.                                        be accessible and affordable to farm
                                                  type of family groups are represented by                    (iv) Form RD 3560–30, ‘‘Certification              workers and their families. Letters of
                                                  the migrants (i.e., single individuals as                of no Identity of Interest (IOI),’’ can be            intent from service providers are
                                                  opposed to families);                                    found at: http://forms.sc.egov.usda.gov/              acceptable documentation at the pre-
                                                     (iii) General information concerning                  efcommon/eFileServices/eForms/                        application stage.
                                                  the type of labor intensive crops grown                  RD3560-30.PDF and Form RD 3560–31,                       (18) A sources and uses statement
                                                  in the area and prospects for continued                  ‘‘Identity of Interest Disclosure/                    which shows all sources of funding
                                                  demand for farm laborers;                                Qualification Certification,’’ can be                 included in the proposed project. The
                                                     (iv) The overall occupancy rate for                   found at: http://forms.sc.egov.usda.gov/              terms and schedules of all sources
                                                  comparable rental units in the area and                  efcommon/eFileServices/eForms/                        included in the project should be
                                                  the rents charged and customary rental                   RD3560-31.PDF.                                        included in the sources and uses
                                                  practices for these units (i.e., will they                  (v) Form HUD 2530, ‘‘Previous                      statement.
                                                  rent to large families, do they require                  Participation Certification,’’ can be                    (19) A separate one-page information
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                                                  annual leases, etc.);                                    found at: http://portal.hud.gov/                      sheet listing each of the ‘‘Pre-
                                                     (v) The number, condition, adequacy,                  hudportal/documents/                                  Application Scoring Criteria,’’ contained
                                                  rental rates and ownership of units                      huddoc?id=2530.pdf.                                   in this Notice, followed by a reference
                                                  currently used or available to farm                         (vi) If requesting RA or Operating                 to the page numbers of all relevant
                                                  workers;                                                 Assistance, Form RD 3560–25, ‘‘Initial                material and documentation that is
                                                     (vi) A description of the units                       Request for Rental Assistance or                      contained in the proposal that supports
                                                  proposed, including the number, type,                    Operating Assistance,’’ can be found at:              the criteria.


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                                                  34628                                  Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                    (20) Applicants are encouraged, but                             unit cost savings for the sum of the                       (5) Energy Initiative Scoring Points
                                                  not required, to include a checklist of all                       savings. Savings must be available for at               (maximum 70 points)
                                                  of the pre-application requirements and                           least 5 years and documentation must                       Properties may receive points for
                                                  to have their pre-application indexed                             be provided with the application                        energy initiatives in the categories of
                                                  and tabbed to facilitate the review                               demonstrating the availability of savings               energy conservation, energy generation,
                                                  process;                                                          for 5 years. To calculate the savings,                  water conservation and green property
                                                    (21) Evidence of compliance with the                            take the total amount of savings and                    management. Depending on the scope of
                                                  requirements of the applicable State                              divide it by the number of units in the                 work (SOW), properties may earn
                                                  Housing Preservation Office (SHPO),                               project that will benefit from the savings              ‘‘energy initiative’’ points (up to a
                                                  and/or Tribal Historic Preservation                               to obtain the per unit cost savings. For                maximum of 70 points) in either one of
                                                  Officer (THPO). A letter from the SHPO                            non-Rural Development tenant subsidy,                   two categories: (1) New Construction or
                                                  and/or THPO where the off-farm labor                              if the value changes during the 5-year                  (2) Purchase and Rehabilitation of an
                                                  housing project is located, signed by                             calculation, the applicant must use the                 Existing Non-Farm Labor Housing
                                                  their designee will serve as evidence of                          lower of the non-Rural Development                      Building. Projects will be eligible for
                                                  compliance.                                                       tenant subsidy to calculate per unit cost               one category of the two, but not both.
                                                                                                                    savings. For example, a 10-unit property                   Energy programs including LEED for
                                                  D. Pre-Application Review Information                                                                                     Homes, Green Communities, etc., will
                                                                                                                    with 100 percent designated farm labor
                                                     1. Selection Criteria. Section 514 FLH                         housing units receiving $20,000 per year                each have an initial checklist indicating
                                                  loan funds and Section 516 FLH grant                              non-Rural Development subsidy yields a                  prerequisites for participation in its
                                                  funds will be distributed to States based                         cost savings of $100,000 ($20,000 × 5                   energy program. The applicable energy
                                                  on a national competition, as follows:                            years); resulting to a $10,000 per-unit                 program checklist will establish
                                                     (a) Rural Development State Office                             cost savings ($100,000/10 units). Use                   whether prerequisites for the energy
                                                  will accept, review, and score pre-                               the following table to apply points:                    program’s participation will be met. All
                                                  applications in accordance with this                                                                                      checklists must be accompanied by a
                                                  Notice. The scoring factors are:                                       Per-unit cost savings                Points        signed affidavit by the project architect
                                                     (1) The presence of construction cost                                                                                  or engineer stating that the goals are
                                                  savings, including donated land and                               Above $15,000 .....................                50   achievable and the project has been
                                                  construction leverage assistance, for the                         $10,001–$15,000 ..................                 35   enrolled in these programs if enrollment
                                                                                                                    $7,501–$10,000 ....................                20
                                                  units that will serve program-eligible                                                                                    is applicable to that program. In
                                                                                                                    $5,001–$7,500 ......................               15
                                                  tenants. The savings will be calculated                           $3,501–$5,000 ......................               10   addition, projects that apply for points
                                                  as a percentage of the Rural                                      $2,001–$3,500 ......................                5   under the energy generation category
                                                  Development TDC. The percentage                                   $1,000–$2,000 ......................                2   must include calculations of savings of
                                                  calculation excludes any costs                                                                                            energy. Compare property energy usage
                                                  prohibited by Rural Development as                                   (3) Additional 10 points will be                     of three scenarios: (1) Property built to
                                                  loan expenses, such as a developer’s fee.                         awarded to projects in persistent                       required code of State with no
                                                  Construction cost savings includes, but                           poverty counties. A county is                           renewables, to (2) property as-designed
                                                  is not limited to, funds for hard                                 considered persistently poor if 20                      with commitments to stated energy
                                                  construction costs, and State or Federal                          percent or more of its population was                   conservation programs without the use
                                                  funds which are applicable to                                     living in poverty over the last 30 years                of renewables and (3) property as-
                                                  construction costs. A minimum of 10                               (measured by the 1990, 2000 decennial                   designed with commitments to stated
                                                  percent cost savings is required to earn                          censuses and 2007–2011 American                         energy conservation programs and the
                                                  points; however, if the total percentage                          Community Survey 5-year estimates).                     use of proposed renewables. Use local
                                                  of cost savings is less than 10 percent                              (4) Presence of tenant services.                     average metrics for weather and utility
                                                  and the proposal includes donated land,                              (i) Up to 25 points will be awarded                  costs and detail savings in kWh and
                                                  two points will be awarded for the                                based on the presence of and extent to                  dollars. Provide payback calculations.
                                                  donated land. To count as cost savings                            which a tenant services plan exists that                These calculations must be done by a
                                                  for purposes of the selection criteria, the                       clearly outlines services that will be                  licensed engineer or credentialed
                                                  applicant must submit written evidence                            provided to the residents of the                        renewable energy provider. Include
                                                  from the third-party funder that an                               proposed project. These services may                    with application, the provider/
                                                  application for those funds has been                              include, but are not limited to,                        engineer’s credentials including
                                                  submitted and accepted points will be                             transportation related services, on-site                qualifications, recommendations, and
                                                  awarded in accordance with the                                    English as a Second Language (ESL)                      proof of previous work. The checklist,
                                                  following table using rounding to the                             classes, move-in funds, emergency                       affidavit, calculations and qualifications
                                                  nearest whole number.                                             assistance funds, homeownership                         of engineer/energy provider must be
                                                                                                                    counseling, food pantries, after school                 submitted together with the loan
                                                               Percentage                            Points         tutoring, and computer learning centers.                application.
                                                                                                                       (ii) Two points will be awarded for                     Enrollment in EPA Portfolio Manager
                                                  75 or more ............................                      20   each resident service included in the                   Program. All projects awarded scoring
                                                  60–74 ....................................                   18   tenant services plan up to a maximum                    points for energy initiatives must enroll
                                                  50–59 ....................................                   16   of 10 points. Plans must detail how the                 the project in the EPA Portfolio Manager
                                                  40–49 ....................................                   12   services are to be administered, who
                                                  30–39 ....................................                   10                                                           program to track post-construction
                                                                                                                    will administer them, and where they                    energy consumption data. More
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                                                  20–29 ....................................                    8
                                                  10–19 ....................................                    5   will be administered. All tenant service                information about this program may be
                                                  0–9 ........................................                  0   plans must include letters of intent that               found at: http://www.energystar.gov/
                                                                                                                    clearly state the service that will be                  buildings/facility-owners-and-
                                                    (2) The presence of operational cost                            provided at the project for the benefit of              managers/existing-buildings/use-
                                                  savings, such as tax abatements, non-                             the residents from any party                            portfolio-manager.
                                                  Rural Development tenant subsidies or                             administering each service, including                      (i) Energy Conservation for New
                                                  donated services are calculated on a per-                         the applicant.                                          Construction or Purchase and


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                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                            34629

                                                  Rehabilitation of an Existing Non-Farm                   Pre-applications for the purchase and                    • 81–100 percent or more
                                                  Labor Housing Building (maximum 55                       rehabilitation of non-program MFH and                 commitment to energy generation
                                                  points). Projects may be eligible for up                 related facilities in rural areas may be              receives 5 points.
                                                  to 55 points when the pre-application                    eligible to receive 55 points when the                   Projects may participate in Power
                                                  includes a written certification by the                  pre-application includes a written                    Purchase Agreements or Solar Leases to
                                                  applicant to participate and achieve                     certification by the applicant to                     achieve their on-site renewable energy
                                                  certification in the following energy                    participate in one of the following                   generation goals provided that the
                                                  efficiency programs.                                     energy efficiency programs. Again, the                financial obligations of the lease/
                                                     The points will be allocated as                       certification must be accompanied by a                purchase agreements are clearly
                                                  follows:                                                 signed affidavit by the project architect             documented and included in the
                                                     • Participation in the EPA’s Energy                   or engineer stating that the goals are                application, and qualifying ratios
                                                  Star for Homes V3 program. (20 points)                   achievable. Points will be award as                   continue to be achieved.
                                                  http://www.energystar.gov/                               follows:                                                 An additional (2) points will be
                                                  index.cfm?c=bldrs_lenders_raters.pt_                        • Participation in the Green                       awarded for off-grid systems, or
                                                  bldr.                                                    Communities program by the Enterprise                 elements of systems, provided that at
                                                    OR                                                     Community Partners (53 points) http://                least 5 percent of on-site renewable
                                                    • Participation in the Green                           www.enterprisecommunity.com/                          system is off-grid. See www.dsireusa.org
                                                  Communities program by the Enterprise                    solutions-and-innovation/enterprise-                  for State and local specific incentives
                                                  Community Partners. (30 points) http://                  green-communities. At least 30 percent                and regulations of energy initiatives.
                                                  www.enterprisecommunity.com/                             of the points needed to qualify for the                  (iv) Water Conservation in Irrigation
                                                  solutions-and-innovation/enterprise-                     Green Communities program must be                     Measures (maximum 3 points). Projects
                                                  green-communities.                                       earned under the Energy Efficiency                    may be awarded 3 points for the use of
                                                    OR                                                     section of Green Communities.                         an engineered recycled water (gray
                                                    • Participation in one of the following                   AND                                                water or storm water) for landscape
                                                  two programs will be awarded points for                     • Participation in local green/energy              irrigation covering 50 percent or more of
                                                  certification.                                           efficient building standards. Applicants              the property’s site landscaping needs.
                                                                                                           who participate in a city, county or                     (v) Property Management Credentials
                                                    Note: Each program has four levels of
                                                  certification. State the level of certification          municipality program, will receive an                 (maximum 5 points). Projects may be
                                                  that the applicant plans will achieve in their           additional 2 points. The applicant                    awarded an additional 5 points if the
                                                  certification:                                           should be aware of and look for                       designated property management
                                                                                                           additional requirements that are                      company or individuals that will
                                                     • LEED for Homes program by the                                                                             assume maintenance and operations
                                                  United States Green Building Council                     sometimes embedded in the third-party
                                                                                                           program’s rating and verification                     responsibilities upon completion of
                                                  (USGBC): http://www.usgbc.org.                                                                                 construction work have a Credential for
                                                                                                           systems. (2 points)
                                                  —Certified Level (30 points), OR                            (iii) Energy Generation (maximum 7                 Green Property Management.
                                                  —Silver Level (35 points), OR                            points). Pre-applications for new                     Credentialing can be obtained from the
                                                  —Gold Level (40 points), OR                              construction or purchase and                          National Apartment Association (NAA),
                                                  —Platinum Level (45 points)                                                                                    National Affordable Housing
                                                                                                           rehabilitation of non-program multi-
                                                     Applicant must state the level of                     family projects which participate in the              Management Association, The Institute
                                                  certification that the applicant’s plans                 above mentioned programs and receive                  for Real Estate Management, U.S. Green
                                                  will achieve in their certification in its               at least 20 points in the point                       Building Council’s Leadership in Energy
                                                  pre-application.                                         allocations above are eligible to earn                and Environmental Design for
                                                     OR                                                    additional points for installation of on-             Operations and Maintenance (LEED
                                                     • Home Innovation’s and The                           site renewable energy sources. Energy                 OM), or another source with a certifiable
                                                  National Association of Home Builders                    analysis of preliminary building plans                credentialing program. Credentialing
                                                  (NAHB) ICC 700 National Green                            using industry-recognized simulation                  must be illustrated in the resume(s) of
                                                  Building Standard TM: http://                            software must document the projected                  the property management team and
                                                  www.nahb.org/.                                           total energy consumption of all of the                included with the pre-application.
                                                  —Green-Bronze Level (30 points), OR                      building components and building site                    The National Office will rank all pre-
                                                  —Silver Level (35 points), OR                            usage. Projects with an energy analysis               applications nationwide and distribute
                                                  —Gold Level (40 points), OR                              of the preliminary or rehabilitation                  funds to States in rank order, within
                                                  —Emerald Level (45 points).                              building plans that propose a 10 percent              funding and RA limits. When proposals
                                                     Applicant must state the level of                     to 100 percent energy generation                      have an equal score, preference will be
                                                  certification that the applicant’s plans                 commitment (where generation is                       given first to Indian tribes as defined in
                                                  will achieve in their certification in its               considered to be the total amount of                  § 3560.11 and then local non-profit
                                                  pre-application.                                         energy needed to be generated on-site to              organizations or public bodies whose
                                                     AND                                                   make the building a net-zero consumer                 principal purposes include low-income
                                                     • Participation in the Department of                  of energy) will be awarded points as                  housing that meet the conditions of
                                                  Energy’s Zero Energy Ready program. (8                   follows:                                              § 3560.55(c) and the following
                                                  points) http://www.energy.gov/eere/                         • 0 to 9 percent commitment to                     conditions:
                                                  buildings/zero-energy-ready-home.                        energy generation receives 0 points.                     • Is exempt from Federal income
                                                     AND                                                      • 10 to 20 percent commitment to                   taxes under section 501(c)(3) or
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                                                     • Participation in local green/energy                 energy generation receives 1 point.                   501(c)(4) of the Internal Revenue code;
                                                  efficient building standards. Applicants                    • 21 to 40 percent commitment to                      • Is not wholly or partially owned or
                                                  who participate in a city, county or                     energy generation receives 2 points.                  controlled by a for-profit or limited-
                                                  municipality program, will receive an                       • 41 to 60 percent commitment to                   profit type entity;
                                                  additional 2 points.                                     energy generation receives 3 points.                     • Whose members, or the entity, do
                                                     (ii) Energy Conservation for                             • 61 to 80 percent commitment to                   not share an identity of interest with a
                                                  Rehabilitation (maximum 55 points).                      energy generation receives 4 points.                  for-profit or limited-profit type entity;


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                                                  34630                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                    • Is not co-venturing with another                     project audit, or verification of accounts              If the size of the material is too small
                                                  entity; and                                              on Form RD 3560–10, ‘‘Borrower                        to include the full statement, the
                                                    • The entity or its members will not                   Balance Sheet,’’ together with an                     material will at a minimum, include the
                                                  be receiving any direct or indirect                      accompanying Form RD 3560–7,                          following statement in print in the same
                                                  benefits pursuant to Low Income                          ‘‘Multiple Family Housing Project                     size as the text:
                                                  Housing Tax Credits.                                     Budget Utility Allowance,’’ must                        ‘‘USDA is an equal opportunity
                                                    If there are two or more applications                  allocate revenue and expense between                  provider, employer, and lender.’’ Where
                                                  that have the same score and both                        project operations and the service                    appropriate, a recipient may state:
                                                  cannot be funded, a lottery in                           component.                                              ‘‘This institution in an equal
                                                  accordance with 7 CFR 3560.56(c) (2)                                                                           opportunity provider.’’
                                                                                                           F. Equal Opportunity and Non-
                                                  will be used to break the tie. If                                                                                Dated: July 18, 2017.
                                                                                                           Discrimination Requirements
                                                  insufficient funds or RA remain for the                                                                        Rich A. Davis,
                                                  next ranked proposal, that applicant                        In accordance with Federal civil                   Acting Administrator, Rural Housing Service.
                                                  will be given a chance to modify their                   rights law and U.S. Department of
                                                                                                                                                                 [FR Doc. 2017–15626 Filed 7–25–17; 8:45 am]
                                                  pre-application to bring it within                       Agriculture (USDA) civil rights
                                                                                                                                                                 BILLING CODE 3410–XV–P
                                                  remaining funding levels. This will be                   regulations and policies, the USDA, its
                                                  repeated for each next ranked eligible                   Agencies, offices, and employees, and
                                                  proposal until an award can be made or                   institutions participating in or
                                                  the list is exhausted.                                   administering USDA programs are                       DEPARTMENT OF COMMERCE
                                                    Rural Development will notify all                      prohibited from discriminating based on
                                                                                                                                                                 International Trade Administration
                                                  applicants whether their applications                    race, color, national origin, religion, sex,
                                                  have been accepted or rejected and                       gender identity (including gender                     [A–570–967, C–570–968]
                                                  provide appeal rights under 7 CFR part                   expression), sexual orientation,
                                                  11, as appropriate.                                      disability, age, marital status, family/              Aluminum Extrusions From the
                                                                                                           parental status, income derived from a                People’s Republic of China:
                                                  E. Federal Award Administration                          public assistance program. Political                  Affirmative Final Determination of
                                                  Information                                              beliefs, or reprisal or retaliation for prior         Circumvention of the Antidumping and
                                                  1. Federal Award Notices                                 civil rights activity, in any program or              Countervailing Duty Orders and
                                                                                                           activity conducted or funded by USDA                  Rescission of Minor Alterations Anti-
                                                    Loan applicants must submit their                                                                            Circumvention Inquiry
                                                                                                           (not all bases apply to all programs).
                                                  initial applications by the due date
                                                                                                           Remedies and complaint filing                         AGENCY:  Enforcement and Compliance,
                                                  specified in this Notice. Once the
                                                                                                           deadlines vary by program or incident.                International Trade Administration,
                                                  applications have been scored and
                                                  ranked by the National Office, the                          Persons with disabilities who require              Department of Commerce.
                                                  National Office will advise State Offices                alternative means of communication for                SUMMARY: The Department of Commerce
                                                  of the proposals selected for further                    program information (e.g., Braille, large             (the Department) determines that heat-
                                                  processing, State Offices will respond to                print, audiotape, American Sign                       treated extruded aluminum products
                                                  applicants by letter.                                    Language, etc.) should contact the                    that meet the chemical specifications for
                                                    If the application is not accepted for                 responsible Agency or USDA’s TARTET                   5050-grade aluminum alloy, regardless
                                                  further processing, the applicant will be                Center at (202) 720–2600 (voice and                   of producer, exporter, or importer,
                                                  notified of appeal rights under 7 CFR                    TTY) or contact USDA through the                      constitute later-developed merchandise,
                                                  part 11.                                                 Federal Relay Service at (800) 877–8339.              and are circumventing the antidumping
                                                                                                           Additionally, program information may                 (AD) and countervailing duty (CVD)
                                                  2. Administrative and National Policy                    be made available in languages other                  orders on aluminum extrusions from the
                                                    All Farm Labor Housing loans and                       than English.                                         People’s Republic of China (PRC). The
                                                  grants are subject to the restrictive-use                   To file a program discrimination                   Department also rescinds its minor
                                                  provisions contained in 7 CFR                            complaint, complete the USDA Program                  alterations anti-circumvention inquiry.
                                                  3560.72(a) (2).                                          Discrimination Complaint Form, AD–
                                                                                                                                                                 DATES: Effective July 26, 2017.
                                                                                                           3027, found online at: http://
                                                  3. Reporting                                             www.ascr.usda.gov/complaint_filing_                   FOR FURTHER INFORMATION CONTACT:
                                                                                                           cust.html, and at any USDA office or                  Scott Hoefke or Erin Kearney, AD/CVD
                                                     Borrowers must maintain separate
                                                                                                           write a letter addressed to USDA and                  Operations, Office VI, Enforcement &
                                                  financial records for the operation and
                                                                                                           provide in the letter all of the                      Compliance, International Trade
                                                  maintenance of the project and for
                                                                                                           information requested in the form. To                 Administration, U.S. Department of
                                                  tenant services. Tenant services will not
                                                                                                           request a copy of a complaint form, call,             Commerce, 1401 Constitution Avenue
                                                  be funded by Rural Development. Funds
                                                                                                           (866) 632–9992. Submit your completed                 NW., Washington, DC 20230; telephone:
                                                  allocated to the operation and
                                                                                                           form or letter to USDA by:                            (202) 482–4947 or (202) 482–0167,
                                                  maintenance of the project may not be
                                                                                                              (1) Mail: U.S. Department of                       respectively.
                                                  used to supplement the cost of tenant
                                                  services, nor may tenant service funds                   Agriculture, Office of the Assistant                  SUPPLEMENTARY INFORMATION:
                                                  be used to supplement the project                        Secretary for Civil Rights, 1400
                                                                                                                                                                 Background
                                                  operation and maintenance. Detailed                      Independence Avenue SW.,
                                                  financial reports regarding tenant                       Washington, DC 20250–9410;                              On March 21, 2016, the Department
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                                                  services will not be required unless                        (2) Fax: (202) 690–7442; or                        published its notice of initiation of this
                                                  specifically requested by Rural                             (3) Email at: program.intake@                      anti-circumvention inquiry.1 The
                                                  Development, and then only to the                        usda.gov.                                             Department published the Preliminary
                                                  extent necessary for Rural Development                      USDA is an equal opportunity                         1 See Aluminum Extrusions from the People’s
                                                  and the borrower to discuss the                          provider, employer, and lender.                       Republic of China: Initiation of Anti-Circumvention
                                                  affordability (and competitiveness) of                      Exceptions to Including the Full                   Inquiry, 81 FR 15039 (March 21, 2016) (Initiation
                                                  the service provided to the tenant. The                  USDA Non-Discrimination Statement.                    Notice).



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Document Created: 2017-07-26 01:29:52
Document Modified: 2017-07-26 01:29:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe deadline for receipt of all applications in response to this Notice is 5:00 p.m., local time to the appropriate Rural Development State Office on September 11, 2017. Rural Development will not consider any application that is received after the deadline unless the date and time is extended by another notice published in the Federal Register. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the deadline. Acceptance by a post office or private mailer does not constitute delivery. Facsimile (FAX) and postage due applications will not be accepted.
ContactMirna Reyes-Bible, Finance and Loan Analyst, Multi-Family Housing Preservation and Direct Loan Division, STOP 0781 (Room 1263-S), USDA Rural Development, 1400 Independence Avenue SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (this is not a toll free number.), or via email: [email protected]
FR Citation82 FR 34624 

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