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Docket ID: [Docket No. FR-5170-N-01]

NOTICE: Part VII

DOCUMENT ACTION: Notice of funding availability (NOFA).

SUBJECT CATEGORY: Notice of Funding Opportunity (NOFA) for Fiscal Year 2007 Demonstration Program for Elderly Housing for Intergenerational Families

DOCUMENT SUMMARY: Purpose of Program: This funding opportunity is available for a demonstration program to provide assistance for intergenerational dwelling units for intergenerational families in connection with the supportive housing program under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). The purpose of the program is to expand the supply of intergenerational dwelling units for very lowincome grandparent(s) or relative(s) heads of household 62 years of age or older raising a child.

Overview Information

A. Federal Agency Name: Department of Housing and Urban Development.

B. Funding Opportunity Title: Demonstration Program for Elderly Housing for Intergenerational Families.

C. Announcement Type: Initial announcement.

D. Funding Opportunity Number: FR5170N01; the OMB Approval Number is 25020571.

E. Catalog of Federal Domestic Assistance Number: 14.317. Demonstration Program for Elderly Housing for Intergenerational Families.

F. Dates: The application deadline is on or before July 2, 2008. Applications must be received and validated by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date. Please be sure to read the General Section for electronic application submission and receipt requirements.

G. Optional, Additional Overview Content Information:

1. Purpose of the Program. The purpose of this program is to provide assistance for a demonstration program to expand the supply of intergenerational dwelling units for very lowincome grandparent(s) or relative(s) heads of households 62 years of age or older raising a child who is not more than 18 years of age or not more than 19 years of age and also attending school. The family must meet the age requirements to be eligible for an intergenerational dwelling unit.

2. Available Funds. Funding is available for $3.96 million to develop housing for intergenerational families.

3. Types of Funds. Capital Advance funding is available under this NOFA to cover the cost of expanding the supply of intergenerational housing. In addition, Project Rental Assistance Contract (PRAC) funds are available for Section 202 Capital Advance projects that are funded under this program to cover the difference between the HUDapproved operating costs of the project and the tenants' contribution toward rent (30 percent of their adjusted monthly income). PRAC funds are available to cover the difference between the HUDapproved operating costs of the project and the tenants' contribution toward rent (30 percent of their adjusted monthly income) for private nonprofit owners of Section 202/8 projects for intergenerational dwelling units provided:

a. Through development of buildings or projects comprised solely of intergenerational units; or

b. Through the development of an annex or addition to an existing project assisted under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling. (Converted units that already receive either Section 8 or PRAC will not be eligible for PRAC assistance under this NOFA).

4. Eligible Applicants. Only private nonprofit owners of a Section 202 project interested in applying for funding under this program should carefully review the detailed information listed in this NOFA.

5. Eligible Activities. This program provides funding to private nonprofit owners of a Section 202 project to use only for expanding the supply of intergenerational dwelling units.

6. Match Requirements. None required.
Full Text of Announcement

I. Funding Opportunity Description

A. Program Description. This funding opportunity is available for a demonstration program to provide assistance for intergenerational dwelling units for intergenerational families in connection with the supportive housing program under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). Repayment of the funding is not required as long as the housing remains available for occupancy by very lowincome intergenerational families for 40 years in the case of a new building or annex and 20 years in the case of reconfigured units in an existing project.

For those projects eligible to receive PRAC funds, the funds are used to cover the difference between the tenants' contribution toward rent (30 percent of adjusted income) and the HUDapproved cost to operate the project. The PRAC funds may also be used to provide supportive services and to hire a service coordinator in those projects selected for assistance. The supportive services must be appropriate to the category or categories of residents to be served.

B. Authority. The Demonstration Program for Elderly Housing for Intergenerational Families is authorized by Living Equitably: Grandparents Aiding Children and Youth Act of 2003 or the LEGACY Act of 2003 (Pub. L. 108186, Title II, Dec. 16, 2003; 117 Stat. 2688). The Department of Housing and Urban Development Appropriations Act, 2006 (Pub. L. 109115, approved Nov. 30, 2005) provided $3.96 million for a Section 202 Demonstration Program for Elderly Intergenerational Families pursuant to section 203 of Public Law 108186.

C. Calculation of Fund Reservation. If selected, you will receive a fund reservation that will consist of:

1. Demonstration Program Funds. The reservation for funds is based on a formula that takes the development cost limit for the appropriate building type (elevator, nonelevator, and unit size), multiplies it by the number of units of each size (including a unit for a resident manager, if applicable), then multiplies the result by the highcost factor for the geographical area. For retrofitting existing units, the funds will be available for the costs of physical conversion of the units and related community and service space. The development cost limits can be found in this NOFA.

2. PRAC Funds. The initial PRAC award covers 3 years. The amount awarded is determined by multiplying the number of revenue units for intergenerational families by the appropriate operating cost standard times three. Note: PRAC funds will only be awarded to those Section 202 Capital Advance projects that are currently eligible to receive PRAC funds and to Section 202/8 projects for intergenerational dwelling units provided through development of buildings or projects comprised solely of intergenerational units or through the development of an annex or addition to
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an existing project assisted under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling.

D. Definitions. For purposes of this notice:

1. Covered Family. A family that:

a. includes a child; and

b. has a head of household who is 62 years of age or older who is: (1) A grandparent of the child who is raising the child; or (2) a relative of the child who is raising the child.

2. Elderly Person. The term ``elderly person'' is defined as a household composed of one or more persons, at least one of whom is 62 years of age or older at the time of initial occupancy.

3. Intergenerational family. A covered family that has a head of household who is an elderly person, as defined above.

4. Intergenerational dwelling unit. A qualified dwelling unit that is reserved for occupancy only by an intergenerational family.

5. Child. An individual who is not older than 18 years of age or not older than 19 years of age and also attending school.

6. Grandparent. With respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted.

7. Relative. With respect to a child, an individual who is not a parent of the child by blood or marriage and is a ``relative'' of the child by blood or marriage regardless of the age of the individual. In the case of a child who was adopted, the term ``relative'' includes an individual who, by blood or marriage, is a relative of the family who adopted the child.

8. Raising a child. With respect to an individual, the individual:

a. Resides with the child; and

b. Is the primary caregiver for the child: (1) Because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver of the child; and (2) regardless of whether the grandparent or other relative has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child.

9. General Section. HUD's Fiscal Year 2008 Notice of Funding Availability (NOFA); Policy Requirements and General Section to the FY2008 SuperNOFA for HUD's Discretionary Programs; Notice, published March 19, 2008 (73 FR 14882).

II. Award Information

A. Available Funds. The Department of Housing and Urban Development Appropriations Act, 2006 (Pub. L. 109115, approved Nov. 30, 2005) provided $4 million for a Section 202 Demonstration Program for Elderly Intergenerational Families, pursuant to section 203 of Public Law 108 186, to expand the supply of intergenerational dwelling units. For projects eligible to receive PRAC funds, the funds are available to cover the difference between the tenants' contribution toward rent and the HUDapproved cost to operate the project. As the result of the rescission, $3.96 million is available for distribution under this NOFA.

B. Number of Awards. HUD anticipates awarding two to four project awards.

C. Amount of Award. The maximum amount of award is $2 million.

D. Type of Assistance Instrument. The Agreement Letter, when fully executed, stipulates the terms and conditions for the fund reservation award, as well as the submission requirements following the fund reservation award. The duration of the fund reservation award for the funding is 18 months from the date of issuance of the fund reservation.

E. Use Agreement. The applicant must enter into a Use Agreement to operate the project only as rental housing for very lowincome elderly intergenerational families for not less than 40 years for a new building or annex and for an additional 20 years for existing units converted to intergenerational units. If the project is to be located on a site not subject to an existing mortgage to HUD, a first mortgage for a term of 40 years will be required. All Use Agreements must be recorded.

F. Anticipated Start and Completion Date. Immediately upon your acceptance of the Agreement Letter, you are expected to begin work toward the submission of a Firm Commitment application, which is the next application submission stage. You are required to submit a Firm Commitment Application to HUD Headquarters within 180 days from the date of the Agreement Letter. Initial closing and start of construction of the project are expected to be accomplished within the duration of the fund reservation period, as indicated in the above paragraph regarding the Type of Assistance Instrument. Final closing is expected no later than 6 months after completion of the project construction. III. Eligibility Information

A. Eligible Applicants. Only private nonprofit owners of Section 202 projects may apply for assistance under this NOFA.

B. Cost Sharing or Matching. No cost sharing or matching is required; however, you are required to provide evidence that you have sufficient funds available that together with the assistance funds, will be sufficient for initial closing and project completion.

The owner makes a commitment by signing form HUD92041, Sponsor's Conflict of Interest Resolution. The Sponsor will make a commitment by signing form HUD92042, Sponsor's Resolution for Commitment to the Project.
C. Other

1. Eligible Uses of Funds

a. Funds are available only to private nonprofit owners of Section 202 projects to use in expanding the supply of intergenerational dwelling units. These units must be provided:
(1) By designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
(2) Through development of buildings or projects comprised solely of intergenerational dwelling units; or
(3) Through the development of an annex or addition to an existing project assisted under Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling.

b. For those projects eligible to receive PRAC funds, the funds will be available to cover the difference between the HUDapproved operating costs and the amount the residents pay (each resident pays 30 percent of adjusted income), as well as the HUDapproved cost to operate the project.

c. A portion of the PRAC funds (not to exceed $15 per unit/per month) may be used to cover some of the cost of any supportive services for residents. The balance of the cost for services must be [[Page 22762]]
paid from sources other than the demonstration program funds or PRAC funds. Also, the cost of employing a service coordinator for the project is an eligible use of PRAC funds. Section 202 projects receiving Congregate Housing Services assistance under Section 802 of the National Affordable Housing Act are not eligible to use demonstration program funds or PRAC funds for supportive services or for the cost of a service coordinator.

2. Threshold Requirements for Funding Consideration. In addition to the threshold criteria outlined in the General Section, the following threshold requirements must be met. (See Section V.B.2. of this NOFA and Section III.C.2. and 3 of HUD's Fiscal Year 2008 Notice of Funding Availability (NOFA); Policy Requirements and General Section to the FY2008 SuperNOFA for HUD's Discretionary Programs; Notice.)

a. Nonresponsive Application. Your application will be considered nonresponsive to this NOFA and will not be accepted for processing if the following threshold requirements are not met:
(1) You must be an eligible applicant.
(2) You must have a DUN and Bradstreet Universal Data Numbering System (DUNS) number. The DUNS number must be included in the data entry field labeled ``organizational DUNS'' on the form SF424. Instructions for obtaining a DUNS number can be found at either http:// www.hud.gov/offices/adm/grants/duns.cfm or in the General Section. (3) To have qualified dwelling units for purposes of this notice, each unit:
(a) Shall not have fewer than two separate bedrooms but no more than four separate bedrooms;
(b) Be equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and
(c) Be equipped with design features appropriate to meet the special physical needs of young children, as needed.
(4) You request less than the minimum of 5 units.
(5) You submit a substantially deficient application. (A majority of the required exhibits are not submitted with your application, particularly, but not limited to, those exhibits which are not curable.)
(6) You request more than $2 million in funding.
(7) You request assistance for an ineligible activity as defined in this program NOFA. (Please refer to Part IV.E.2.)
(8) You submit paper copies of the application, and you have not received approval from HUD for a waiver of the electronic submission requirements or you submit less than the required number of paper copies indicated in your waiver notification.

b. Other Criteria.
(1) You must have the experience to develop and operate intergenerational dwelling units.
(2) You must have sufficient funds available to reach initial closing and complete the project.
(3) Your application must contain acceptable evidence of the following:
(a) Evidence of Site Control. You must provide evidence of site control as described in section IV.B.2.c.(1)(iv)(d)(i) of this NOFA. (b) Historic Preservation. You are required to send to the State/ Tribal Historic Preservation Officer (SHPO/THPO) a letter that attempts to initiate consultation with that officer and requests the officer's review of your determinations and findings with respect to the historical significance of your proposed project. A sample letter to the SHPO/THPO that you may adapt for your use, if you so choose, is available on HUD's Web site at http://www.hud.gov/offices/adm/grants/ fundsavail.cfm. You must include: (1) A copy of your letter to the SHPO/THPO in your application and a statement that you have not received a response letter(s) from the SHPO/THPO, or (2) a copy of the response letter(s) received from the SHPO/THPO.
(c) Contamination. HUD must determine if a proposed site contains contamination, such as hazardous waste, petroleum, or petroleum products, and, if so, HUD must be satisfied that it is eliminated to the extent necessary to meet nonsitespecific federal, state, or local health standards. You must assist HUD by doing the following: (i) Phase I Environmental Site Assessment (ESA). You must undertake and submit a Phase I ESA, prepared in accordance with the ASTM Standard E 152705, as amended, using the table of contents and report format specified at Appendix X4 thereto, completed or updated as specified at Section 4.6 thereto no earlier than 180 days prior to the application deadline date. The Phase I ESA must be completed and submitted with the application. Therefore, it is important that you start the Phase I ESA process as soon after publication of this NOFA as possible.

Note: A Phase I ESA that is not properly updated, does not use the report format specified at Appendix X4 of ASTM Standard E 1527 05, or that is prepared in accordance with an older version of ASTM E 1527 will result in a technical rejection of your application.

To help you choose an environmentally safe site, HUD invites you to review the documents ``Choosing an Environmentally Safe Site'' and ``Supplemental Guidance, Environmental Information,'' which are available on the HUD Web site at http://www.hud.gov/offices/adm/grants/ fundsavail.cfm.
(ii) Phase II ESA. If the Phase I ESA indicates the possible presence of contamination and/or hazards, you must decide whether to continue with this site or choose another site. Should you choose another site, the same Phase I ESA process identified above must be followed for the new site. However, if you choose to continue with the original site on which the Phase I ESA indicated contamination or hazards, you must undertake a detailed Phase II ESA by an appropriate professional. In order for your application to be considered for review under this funding competition, the Phase II must be received by Aretha Williams, Director, Grant Policy and Management Division, U.S. Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, on or before August 1, 2008.
(iii) Cleanup. If the Phase II ESA reveals site contamination, the extent of the contamination and a plan for cleanup of the site must be submitted to HUD Headquarters. The plan for cleanup must include a contract for remediation of the problem(s) and an approval letter from the applicable federal, state, and/or local agency with jurisdiction over the site. In order for your application to be considered for review under this funding competition, this information must be received by Aretha Williams, Director, Grant Policy and Management Division, U.S. Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410 on or before August 1, 2008. If the above information is not received by that date, the application will be rejected.

Note: Cleanup could be an expensive undertaking. You must pay for the cost of any cleanup and/or remediation with sources other than the demonstration program funds. If the application is approved, cleanup must be completed prior to initial closing. Completion of cleanup means that HUD must be satisfied that the contamination has been eliminated to the extent necessary to meet nonsitespecific federal, state, or local health standards, with no active or passive remediation still taking place, no capping over of any contamination, and no monitoring wells. However, it is acceptable if contamination remains solely in groundwater that is at least 25 feet below the surface.
(d) Asbestos. Asbestos is a hazardous substance commonly used in building products until the late 1970s. Therefore,
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you must submit one of the following with your application: (i) If there are no pre1978 structures on the site or if there are pre1978 structures that most recently consisted solely of four or fewer units of singlefamily housing, including appurtenant structures thereto, a statement to this effect, or
(ii) If there are pre1978 structures on the site, other than for a site that most recently consisted of solely four or fewer units of singlefamily housing, including appurtenant structures thereto, a comprehensive building asbestos survey that is based on a thorough inspection to identify the location and condition of asbestos throughout any structures. In those cases where suspect asbestos is found, it would either be assumed to be asbestos or would require confirmatory testing. If the asbestos survey indicates the presence of asbestos or the presence of asbestos is assumed, and if the application is approved, HUD will condition the approval on an appropriate mix of asbestos abatement and an asbestos Operations and Maintenance Plan. (e) LeadBased Paint. You must comply with the requirements of the LeadBased Paint Poisoning Prevention Act (42 U.S.C. 48214846), the Residential LeadBased Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 CFR part 35.
(4) There must be a market need for the number of units proposed in the area of the project location. You must provide a copy of a written assessment of the intergenerational families' housing needs in the relevant community. For the assessment, you should engage the help of local child welfare agencies, caregiver support groups, Area Agencies on Aging, and other supportive service providers working with the families.
(5) You must provide a copy of a feasibility study on the proposed project.
(6) You must provide commitment and support letters from the appropriate organizations, agencies, and businesses. The commitment and support letter(s) from the appropriate groups should:
(a) be submitted by the application submission date as part of your application for financial assistance;
(b) indicate that the intergenerational dwelling units, facilities, and supportive services to be provided are designed to meet the needs of the residents who will reside in the intergenerational dwelling units as defined in this NOFA.
(7) You are required to include a Supportive Services Plan that describes the supportive services proposed to be provided to the anticipated occupants, including a description of the public or private funds that are expected to fund the proposed services and the manner in which the services will be provided to the proposed residents. You must not require residents to accept any supportive services as a condition of occupancy or admission.
(8) Delinquent Federal Debt. Refer to the General Section for information regarding delinquent federal debt.

3. Program Requirements. By signing the Demonstration Program application, you are certifying that you will comply with all program requirements listed in the General Section, as well as the following requirements:

a. Statutory and Regulatory Requirements. In addition to the statutory, regulatory, threshold, and public policy requirements listed in the General Section, you must comply with all statutory and regulatory requirements listed in this NOFA.

b. Existing Section 202 Developments. If you are designating and retrofitting units within an existing Section 202 project or are building an annex or addition to an existing Section 202 project: (1) Your project must meet HUD's Uniform Physical Conditions Standards at 24 CFR part 5, subpart G;
(2) The project's most recent management review rating must be rated as satisfactory or above;
(3) The project's most recent Real Estate Assessment Center (REAC) physical inspection report for the project must be 60 or above; (4) The project must be well maintained;
(5) The project must not have a recent history of mortgage defaults; and
(6) The project owner must not have any material adverse financial or managerial actions or omissions with regard to any project that is federally assisted and/or financed with a loan or capital advance from or any mortgage insured by an agency of the federal government.

c. Supportive Services Plan. HUD believes that a strong Supportive Services component is crucial to the success of your project over the next 20 years. It is critical that you develop and maintain solid relationships and partnerships with the supportive service providers in the community to ensure the provision of services for the
intergenerational families. In addition, due to the amount of funds available under this NOFA for supportive services, it is vital that additional resources are found.

For purposes of this NOFA, you must develop and submit a Supportive Services Plan for the services that will be offered onsite and/or off site. You must submit one copy of your Supportive Services Plan to each appropriate state or local service funding organization well in advance of the application deadline, for appropriate review. The state or local funding organization(s) should return the Supportive Services Plan to you with appropriate comments and an indication of any funding commitment, which you will then include with the application you submit to HUD.

d. Prohibition Against Lobbying Activities. The Byrd Amendment prohibits recipients of federal contracts, grants, or loans from using those funds for lobbying activities.

e. Economic Opportunities for Low and Very LowIncome Persons (Section 3). You must comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low and Very LowIncome Persons), and implementing regulations at 24 CFR part 135. You must ensure that training, employment, and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very lowincome persons, particularly those who are recipients of government assistance for housing and to business concerns that provide economic opportunities to low and very low income persons, including people with disabilities.

f. Minimum Project Size. The minimum number of units that can be applied for in one application is five units.

g. Accessibility. Your project must meet accessibility requirements published at 24 CFR 891.120, 24 CFR 891.210, and Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 24 CFR part 8, and, if your new project is new construction, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100. In addition, 24 CFR 8.4(b)(5) prohibits the selection of a site or location that has the purpose or effect of excluding persons with disabilities from the federally assisted program or activity. Refer to Section V.A. below and the General Section for information regarding the policypriority of encouraging accessible design.

h. Conducting Business in Accordance with HUD Core Values and Ethical Standards. You are not subject to the requirements of 24 CFR parts 84 and 85, as outlined in the General Section, except that the disposition of real
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property may be subject to 24 CFR part 84. However, you are still subject to the core values and ethical standards as they relate to the conflictofinterest provisions in 24 CFR 891.130. To ensure compliance with the program's conflictofinterest provisions, an owner's certification of compliance with the conflictofinterest program requirements must be included in your application. The Sponsor of the Section 202 applicant project must be committed to the development of the intergenerational dwelling units. A sponsor's certification supporting the project must be provided in your application. Further, if awarded a fund reservation, the officers, directors, board members, trustees, stockholders, and authorized agents of the Sponsor and Owner entities will be required to submit to HUD individual certifications regarding compliance with HUD's conflictofinterest requirements.

i. Fair Housing. You must comply with the requirements of the Fair Housing Act; Executive Order 11063; Title VI of the Civil Rights Act; the Age Discrimination Act of 1975; the affirmative fair housing marketing requirements of 24 CFR part 200, subpart M; and the implementing regulations at 24 CFR part 108, which require that the project be marketed to those least likely to apply. You must also comply with any other applicable federal, state, and local laws prohibiting discrimination and promoting equal opportunity, including affirmatively furthering fair housing, and other certifications listed in this application. You must comply with the Uniform Federal Accessibility Standards (24 CFR 40.7), section 504 of the
Rehabilitation Act of 1973, HUD's implementing regulations at 24 CFR part 8, and the Americans with Disabilities Act of 1990.

Refer to the General Section for additional Information on Fair Housing Requirements.

j. Davis Bacon. You must comply with the DavisBacon requirements (12 U.S.C. 1701q(j)(5)) and the Contract Work Hours and Safety Standards Act, in accordance with 24 CFR 891.155(d).

k. Ensure the Participation of Small Businesses, Small Disadvantaged Businesses, and WomanOwned Businesses. HUD is committed to ensuring that small businesses, small disadvantaged businesses, and womanowned businesses participate fully in HUD's direct contracting and in contracting opportunities generated by HUD's financial assistance.

l. Executive Order 13166, Improving Access to Persons with Limited English Proficiency (LEP). Successful applicants are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. For further guidance on serving persons with limited English proficiency in HUD assisted programs, see ``Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons'' (72 FR 2732, January 22, 2007). Applicants must seek to improve access to persons with limited English proficiency by providing materials and information in languages other than English. Make applications and other materials available in languages other than English that are common in the community, if speakers of these languages are found in significant numbers and are members of intergenerational families. For further guidance on serving persons with limited English proficiency in HUDassisted programs, see the recent HUD LEP guidance, ``Notice of Guidance to Federal Assistance Recipients RegardingTitle VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,'' 68 FR 70968 (December 19, 2003).

m. Executive Order 13279, Equal Protection of the Laws for Faith Based and Community Organizations. HUD has undertaken a review of all policies and regulations that have implications for faithbased and community organizations, and has established a policy priority to provide full and equal access to grassroots faithbased and other communitybased organizations.

n. Accessible Technology. The Rehabilitation Act Amendments of 1998 apply to all electronic information technology (EIT) used by a grant recipient for transmitting, receiving, using, or storing information to carry out the responsibilities of these awards.

o. Participation in HUDSponsored Program Evaluation. As a condition of the receipt of funds under this NOFA, recipients are required to cooperate with all HUD staff or contractors performing HUD funded research and evaluation studies.

p. Executive Order 13202. Comply with Executive Order 13202, Preservation of Open Competition and Government Neutrality toward Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects.

q. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance. Applicants are subject to the Administrative Requirements of OMB Circular A133, Audits of States, Local Governments, and NonProfit Organizations; OMB Circular A122, Cost Principles for NonProfit Institutions; the administrative requirements of 24 CFR part 84; and the procurement requirements of 24 CFR 84.44.

r. National Environmental Policy Act. Your application is subject to the National Environmental Policy Act of 1969 and the applicable related federal environmental authorities (See 24 CFR part 50, as applicable). An environmental review will be completed by HUD before awarding any assistance under this program.

s. Design and Cost Standards. You must comply with HUD's Section 202 design and cost standards (24 CFR 891.120 and 891.210), the Uniform Federal Accessibility Standards (24 CFR 40.7), Section 504 of the Rehabilitation Act of 1973, and HUD's implementing regulations at 24 CFR part 8, and, for covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act and HUD's implementing regulations at 24 CFR part 100, and, where applicable, the Americans with Disabilities Act of 1990.

t. Ownership of Section 202 projects. Owners of a Section 202 project can apply for funding under this NOFA. The present single purpose regulatory limitation on Section 202 owner provisions of the regulations, which restricts ownership of more than one project, is waived for applicants applying for funding under this NOFA. This waiver will apply only if your proposal for developing intergenerational dwelling units is through designating and retrofitting existing units in a Section 202 project or through building an annex or addition to an existing Section 202 project. If your proposal is for the development of buildings or projects solely of intergenerational dwelling units, you must form an Owner entity (in accordance with 24 CFR 891.205) after issuance of the demonstration program fund reservation and must cause the Owner entity to file a request for determination of eligibility and a request for demonstration program funds, and must provide sufficient resources to the Owner entity to ensure the development and longterm operation of the project, including capitalizing the Owner entity at firm commitment processing in an amount sufficient to meet its obligations in connection with the project over and above the demonstration program assistance amount.
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4. Energy Efficiency

HUD has adopted a wideranging energy action plan for improving energy efficiency in all HUD program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency, and the Department of Energy have signed a joint partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is not only to promote energy efficiency of the affordable housing stock, but also to help protect the environment.

Although it is not a requirement, you are encouraged to promote energy efficiency in the design and operation of your proposed project. Your application will receive one point if you describe your plans for doing so in the proposed project. You are urged especially to purchase and use Energy Starlabeled products. For further information about Energy Star, see http://www.energystar.gov or call 1888STARYES (1 8887827937) or, for the hearingimpaired, 18885889920 TTY.

IV. Application and Submission Information

Applicants are required to submit an electronic application, unless they receive a waiver of the requirement in accordance with the procedures in Section IV.C. of this NOFA. See the General Section for information on electronic application submission and timely submission and receipt requirements.

A. Addresses to Request Application Package. All information required to complete and return a valid application is included in the General Section and this NOFA, including other related documents. Applicants may download the application and instructions from the Grants.gov Web site at http://www.grants.gov/applicants/apply_for_ grants.jsp. If you have difficulty accessing the information, you may call the Grants.gov Support Desk tollfree (800518GRANTS or 800518 4726) or email your questions to support@Grants.gov. See the General Section for information regarding the registration process or ask for registration information from the Grants.gov Support Desk.

You may request general information and copies of the General Section and NOFA (including related documents) from the NOFA Information Center (800HUD8929 or 8004838929) Monday through Friday, except on federal holidays. Persons with hearing and speech impairments may access the above number via TTY by calling the toll free Federal Information Relay Service at 8008778339. When requesting information, please refer to the name of the program in which you are interested.

Before the application deadline date, HUD staff is available to provide you with general guidance and technical assistance. For technical support for obtaining or submitting the application, call Aretha Williams at (202) 7083000 or Claire Trivedi at (202) 4026634 (these are not tollfree numbers). HUD staff is not permitted to assist in preparing your application.

B. Content and Form of Application Submission. The exhibits to be included in your application are contained in the body of this NOFA.

Note: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all information supplied in the application submission. Among other things, 18 U.S.C. 1001 provides that whoever knowingly and willfully makes or uses a document or writing containing any false,
fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

The application consists of four parts with a total of eight exhibits. Included with the eight exhibits are prescribed forms, certifications, and resolutions. The components of the application are: